Legal Definitions - inadvertent discovery

Definition: Inadvertent discovery refers to the unexpected finding of incriminating evidence in plain view by a law enforcement officer during a criminal investigation. Even though this type of evidence is obtained without a warrant, it can be used against the accused under the plain-view exception to the warrant requirement.

Example 1: During a routine traffic stop, a police officer notices a bag of drugs on the passenger seat of the car. This is an example of inadvertent discovery because the officer did not have a warrant to search the car, but the evidence was in plain view.

Example 2: While responding to a domestic disturbance call, a police officer sees a weapon on the kitchen counter. This is also an example of inadvertent discovery because the officer did not have a warrant to search the home, but the evidence was in plain view.

These examples illustrate how law enforcement officers can come across incriminating evidence without intending to do so. In both cases, the evidence was in plain view, meaning that it was visible to the officer without any additional search or investigation. Even though the officer did not have a warrant to search the car or home, the evidence was admissible in court because it was obtained through inadvertent discovery.