送交者: HunHunSheng 于 2005-3-31, 14:03:31:
回答: what if the policy is not sure whether another person is in the apt? 由 Enlighten 于 2005-3-31, 13:57:51:
Then he must have the good faith belief that (1) there
is a person in the apartment and (2) the person
is going to destroy the drug.
Then it is up to the judge to decide if he has good faith or not. When both prosewcuting side and defender
argue to the judge about the policeman's good faith,
the debate better be done in the judge's chamber
instead of the courts so that the jury won't
here it. If they argue before the jury and
later the judge does not permit such evidence,
then jury will already have heard it.
Assuming there are other evidecen to continue
the trial, the judge will instruct the jury
to treat such inadmissinble eviecen as it
never happens. But the jury already heard it
so that damane is there.