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Preferred term

inadvertent discovery requirement  

Definition

  • The inadvertent discovery requirement is an important Fourth Amendment concept, referring to the unexpected discovery of evidence, related to the plain view doctrine. The latter doctrine states that an item observed by a police officer legally in a position to see the item may be seized without a search warrant, so long as the item is immediately recognizable as contraband or evidence subject to seizure. [Source: Encyclopedia of the Fourth Amendment; Inadvertent Discovery Requirement]

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https://concepts.sagepub.com/social-science/concept/inadvertent_discovery_requirement

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