trespass ab initio

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[Latin: trespass from the beginning]

A form of trespass that occurs when a person enters land with authority given by law, e.g. to arrest a criminal or search for stolen goods, and subsequently commits an act that is an abuse of that authority. The authority is cancelled retrospectively and the entry is deemed to have been a trespass from the beginning (Six Carpenters Case (1610) 8 Co Rep 146a).

Subjects: Law.

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