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Plain-view doctrine

Definition

A rule permitting an officer who is lawfully present in a location to seize evidence whose incriminating character is immediately apparent, without a warrant covering that specific item. The officer must be there lawfully; the doctrine does not permit entry without authority in order to discover evidence.

Related terms

Chain of custody
The documented chronological record of who collected, handled, transferred, and examined a piece of evidence. For digital evidence, chain of custody includes...
Exclusionary rule
A rule that evidence obtained in violation of constitutional or statutory search-and-seizure requirements cannot be used at trial. Applied strictly and automatically...
Fruit of the poisonous tree
A US doctrine extending the exclusionary rule: not only is unlawfully obtained evidence itself excluded, but any further evidence discovered as a...
Probable cause / reasonable grounds
The standard of suspicion required before a warrant may issue or a warrantless search may occur. In US law, probable cause requires...
Search warrant
A judicial order authorising officers to enter and search a specified place and seize specified items. In most systems it must describe...

Explained in

  • Search, Seizure and the Forensic ExhibitA rule permitting an officer who is lawfully present in a location to seize evidence whose incriminating character is immediately apparent, without a warrant c...

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