Inadvertence - Law Dictionary Search Results
Home Dictionary Name: inadvertenceinadvertent discovery
inadvertent discovery : unexpected finding of incriminating evidence in plain view by the police compare inevitable discovery NOTE: In Coolidge v. New Hampshire, 403 U.S. 443 (1971), the U.S. Supreme Court held that evidence found by inadvertent discovery may be seized under the plain view exception to the warrant requirement for searches and seizures. In Horton v. California, 496 U.S. 128 (1990), however, the Court, while not overturning Coolidge, decided that inadvertent discovery is not a necessary condition for application of the plain view exception to seizures. ...
inadvertence
inadvertence : an accidental oversight (as failing to sign a form) ...
Inadvertent discovery
Inadvertent discovery means a law-enforcement officer's unexpected finding of incriminating evid-ence in plain view. Even though this type of evidence is obtained with a warrant, it can be used against the accused under the plain-view exception to the warrant requirement. Black's Law Dictio-nary, 7th Edn., p. 762...
Negligence
Negligence, acting carelessly, a question of law or fact or of mixed fact and law, depending entirely upon the nature of a duty, which the person charged with negligence has failed to comply with or perform in the particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the degree of care undertaken or required in each case, i.e., (1) ordinary, which is the want of ordinary diligence; (2) slight, the want of great diligence; and (3) gross, the want of slight diligence. A smaller degree of negligence will render a person liable for injury to infants than in the case of adults, see Cooke v. Midland Great Western Railway, 1909 AC 229; and Glasgow Corporation v. Taylor, (1922) 1 AC 44. There is also a peculiar duty to take precaution in the case of dangerous Articles, see Dominion Natural Gas Co. v. Collins, 1909 AC 640. This case should be distinguished from the principle in Fletche...
Wilful
Wilful, deliberate conduct of a person who is a free agent, knows that he is doing and intends to do what he is doing, Dictionary of Law by L.B. Curzon, p. 361. See also Chordia Automobiles v. S. Moosa, (2000) 3 SCC 282.Means 'governed by Will without yielding to reason or without regard to reason; obstinately or perversely self-willed, Webster's Third New International Dictionary, p. 2617; see also Chordia Automobiles v. S. Moosa, (2000) 3 SCC 282.Means intentional; not incidental or involuntary.Wilful means done intentionally, knowingly, and purposely, without justifiable excuse as distingui-shed from an act done carelessly; thoughtlessly, heedlessly or inadvertently;In common parlance word wilful is used in sense of intentional, as distinguished from accidental or involuntary, Word and Phrases, Chordia Automobiles v. S. Moosa, (2000) 3 SCC 282.Means an act or omission which is done voluntarily and intentionally and with the specific intent to do something the law forbids or with the...
inevitable discovery
inevitable discovery : a doctrine in criminal law: evidence obtained by methods that are unconstitutional may be admissible if it would have been inevitably discovered without the unlawful methods compare fruit of the poisonous tree, inadvertent discovery, independent source, plain view ...
plain view
plain view 1 : a location or field of perception in which something is plainly apparent 2 : a doctrine that permits the search, seizure, and use of evidence obtained without a search warrant when such evidence was plainly perceptible in the course of lawful procedure and the police had probable cause to believe it was incriminating see also inadvertent discovery compare fruit of the poisonous tree ...
Designedly
By design purposely intentionally opposed to accidentally ignorantly or inadvertently...
drop cloth
a sheet of material used to cover objects or surfaces while painting a ceiling or wall of a house so as to protect objects from being marred by drops of paint splashed inadvertantly in the painting process Originally such drop cloths were made of cloth but more recently paper or plastic have also commonly been used...
erroneousness
inadvertent incorrectness...
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