讨厌的米帝刑诉证据规则真的很细
讨厌的米帝刑诉证据规则真的很细----警方获得搜查令后去搜查，当证据显示犯罪嫌疑人不在家时，警方此时就不能破门而入，否则破门而入所获证据属非法证据。即破门而入是要在拿到搜查令并确信嫌疑人在屋内而拒不开门时采用。美律师考试题目：QuestionA valid warrant was issued for a woman's arrest. The police learned that a person with the woman's name and physical description lived at a particular address. When police officers went to that address, the house appeared to be unoccupied:the windows and doors were boarded up with plywood, and the lawn had not been mowed for a long time. A neighbor confirmed that the house belonged to the woman but said that the woman had not been there for several months. The officers knocked repeatedly on the front door and shouted, "Police! Open up!" Receiving no response, they tore the plywood off the door, smashed through the door with a sledgehammer, and entered the house. They found no one inside, but they did find an illegal sawed-off shotgun. Upon her return to the house a few weeks later, the woman was charged with unlawful possession of the shotgun. The woman has moved to suppress the use of the shotgun as evidence at her trial. Should the court grant the motion? A: No, because the officers acted in good faith under the authority of a valid warrant.B: No, because the officers did not violate any legitimate expectation of privacy in the house since the woman had abandoned it. C: Yes, because the officers entered the house by means of excessive force.D: Yes, because the officers had no reason to believe that the woman was in the house
本文是作者根据自己的理解和实践经验总结写成，它不是针对某一个案件具体的法律意见或建议。各位律师、朋友和读者在遇到具体案件时，请咨询你的办案律师并以其意见为准。
