中文摘要 |
"無令狀搜索例外的「合法逮捕之附帶搜索」所依據的理由,不僅是基於逮捕情況之危險性致生保護員警人身安全或是保全證據之重大政府利益,還包括被逮捕者的合理隱私期待因其受到警方羈押而減少。United States v. Robinson案的判決依據,主要是基於前者理由。不過,該案也引述Cardozo大法官對「合法逮捕之附帶搜索」之歷史發展的陳述:「當進行逮捕與指控罪名的理由出現時,人身搜索即具有合法性,法律允許搜索被逮捕者的身體和其『立即控制』區域」。簡言之,相較於警方行使公權力羈押Robinson造成的實質侵擾,警方搜身檢查Robinson的衣物和檢查其外衣口袋找到的香煙盒,只構成輕微的額外侵擾。The search incident to arrest exception rests not only on the heightened government interests at stake in a volatile arrest situation, but also on an arrestee’s reduced privacy interests upon being taken into police custody. United States v. Robinson focused primarily on the first of those rationales. But it also quoted with approval then-Judge Cardozo’s account of the historical basis for the search incident to arrest exception: “Search of the person becomes lawful when grounds for arrest and accusation have been discovered, and the law is in the act of subjecting the body of the accused to its physical dominion.” Put simply, a patdown of Robinson’s clothing and an inspection of the cigarette pack found in his pocket constituted only minor additional intrusions compared to the substantial government authority exercised in taking Robinson into custody." |