Plain View - Law Dictionary Search Results
plain view
Matched in: Term plain view
inadvertent 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. … 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,
seizure
of property that involves meaningful interference with a person's possessory interest in it [ of evidence found in plain view] see also plain view b : the seizing of a person (as for arrest or investigation) see also … meaningful interference with a person's possessory interest in it [ of evidence found in plain view] see also plain view b : the seizing of a person (as for arrest or investigation) see also arrest, stop compare search
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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 … 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
fruit of the poisonous tree
illegal action see also Wong Sun v. U.S. in the Important Cases section compare independent source, inevitable discovery, plain view
inevitable discovery
have been inevitably discovered without the unlawful methods compare fruit of the poisonous tree, inadvertent discovery, independent source, plain view
search
unless they fall within narrowly drawn exceptions "State v. Mahone, 701 P.2d 171 (1985)"] see also exigent circumstances, plain view probable cause at cause, reasonable suspicion search warrant at warrant compare seizure NOTE: The Fourth Amendment to the
search and seizure
law that covers the issues of examining a person's property with the intention of finding evidence not in plain view (search) and taking possession of that property against the will of its owner or possessor (seizure). Source: FindLaw
Conspicuous
Open to the view obvious to the eye easy to be seen plainly visible manifest attracting the eye
Processing
The word 'processing' has not been defined in the Act and it must be interpreted according to its plain natural meaning. Webster's Dictionary gives the following meaning of the word 'process': 'to subject to some special process … ST, 1982 MP WN 556. Means where any commodity is subjected to a process or treatment with a view to its develop-ment or preparation for the market, it would amount to processing, Webster's Dictionary; B.P. Oil Mills
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