Plain View - Law Dictionary Search Results
Home Dictionary Name: plain viewplain 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 ...
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. 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. ...
seizure
seizure : the act, fact, or process of seizing: as a : the seizing 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 arrest, stop compare search NOTE: The Fourth Amendment to the U.S. Constitution guarantees the right against unreasonable searches and seizures. It requires that a warrant may issue only upon probable cause, and that the warrant particularly describe the persons or things to be seized. Not all seizures, however, require a warrant. A seizure that constitutes an arrest requires probable cause to be reasonable, and a stop usually requires reasonable suspicion of the particular person or persons stopped, although stops like those at drunk driving checkpoints may be justified by a plan that places explicit and neutral limitations on the conduct of police officers with no requirement of individualized suspi...
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...
fruit of the poisonous tree
fruit of the poisonous tree 1 : a doctrine of evidence: evidence that is derived from or gathered during an illegal action (as an unlawful search) cannot be admitted into court 2 : evidence that is inadmissible under an evidentiary exclusionary rule because it was derived from or gathered during an illegal action see also Wong Sun v. U.S. in the Important Cases section compare independent source, inevitable discovery, plain view ...
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 ...
search
search 1 : an exploratory investigation (as of an area or person) by a government agent that intrudes on an individual's reasonable expectation of privacy and is conducted usually for the purpose of finding evidence of unlawful activity or guilt or to locate a person [warrantless es are invalid 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 U.S. Constitution prohibits unreasonable searches and requires that a warrant may issue only upon probable cause and that the warrant must particularly describe the place to be searched. Some searches, such as a search incident to an arrest, have been held to be valid without a warrant. administrative search : an inspection or search carried out under a regulatory or statutory scheme esp. in public or commercial premises and usually to enf...
search and seizure
search and seizure The body of 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 ...
Plain dealing
Practicing plain dealing artless See Plain dealing under Dealing...
Plain spoken
Speaking with plain unreserved sincerity also spoken sincerely as plain spoken words...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial