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plain view
plain view definition - legal
n
The exception to the
requirement for a search warrant to protect oneÂ’s rights against unreasonable
search and seizure. If an officer has legal justification for being in a place
and she spots something that is clearly suspect or proscribed, that object may
be seized and introduced in a courtroom proceeding. Similarly, if the officer
overhears something because it was uttered out loud so that it was overheard by
an officer using normal hearing senses, that may be testified to by the
officer. Additionally, use of a flashlight to make it easier to spot an object
is acceptable, because it is a usual thing to do. Use of an X-ray machine, on
the other hand, is unusual and, therefore, not permissible without a warrant.
Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey.
Used by arrangement with John Wiley & Sons, Inc.
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