This form is a Complaint. This action was filed by the plaintiff due to a strip search which was conducted upon his/her person after an arrest. The plaintiff requests that he/she be awarded compensatory damages and punitive damages for the alleged violation of his/her constitutional rights.
Search Amendment Without Warrant In Collin
Category:
State:
Multi-State
County:
Collin
Control #:
US-000282
Format:
Word;
Rich Text
Instant download
This website is not affiliated with any governmental entity
Public form
Description
Form popularity
FAQ
Exceptions to the Warrant Requirement Exigent circumstances. Plain view. Search incident to arrest. Consent.
Explanation: The Fourth Amendment's search warrant requirement has several exceptions. However, interference is not one of them. The exceptions to the search warrant requirement include the plain view doctrine, exigent circumstances, and consent.
In an 8–1 judgment, the Supreme Court ruled that the automobile exception does not apply to vehicles parked within the home or the curtilage of a private homeowner. Docket no. Collins v. Commonwealth, 292 Va.
But again, under the 4th Amendment the operative word is always reasonableness. Consent is a reasonable exception to the warrant requirement. With voluntary consent from someone who has actual or apparent authority over the place to be searched, agents do not need probable cause or a warrant.
Exceptions to the Warrant Requirement Exigent circumstances. Plain view. Search incident to arrest. Consent.
For instance, a warrantless search may be lawful, if an officer has asked and is given consent to search; if the search is incident to a lawful arrest; if there is probable cause to search, and there is exigent circumstance calling for the warrantless search.
Martin J. King J.D. This article describes the “special needs” exception which applies to searches and seizures conducted without individualized suspicion for the purpose of minimizing a risk of harm.
What Does the Fourth Amendment Mean? The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
These include: Exigent circumstances. Plain view. Search incident to arrest. Consent. Automobile exceptions. Special needs.
More info
What Does the Fourth Amendment Mean? The 4th amendment prohibits unreasonable search and seizure.There is no general exception to the Fourth Amendment warrant requirement in national security cases. As framed in the Carroll opinion, the automobile exception provides that an officer does not need a warrant to stop and search a car provided. Addressed in the OPD "Warrants - Search Warrant Service" policy. A police officer must fill out an affidavit and present it to a neutral judge or magistrate to obtain a warrant. Law enforcement officials must have probable cause to get a search warrant, and a judge must agree that the warrant is necessary to the case. Where a person is a third party in a location where a search or seizure takes place (e.g. Where a person is a third party in a location where a search or seizure takes place (e.g. Ventresca, 380 U.S. 102, 106 (1965) ("in a doubtful or marginal case a search under a warrant may be sustainable where without one it would fall"); Beck v.