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 Fulton
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State:
Multi-State
County:
Fulton
Control #:
US-000282
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Word;
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FAQ
If there is a reasonable expectation of privacy and there is not probable cause, a search warrant is required. However, if probable cause does occur, such as a suspect runs away, a gunshot is heard from another room in a home, or even when an individual makes a sudden movement, a search becomes legal without a warrant.
(1) Consent was given: The suspect must have expressly or impliedly consented. (2)Consent was voluntary: The consent must have been given voluntarily.
Exigent Circumstances (officers can conduct searches without a warrant in urgent situations with immediate risks of danger to the officers or others, or certain risks of immediate loss of evidence that would occur through the delay involved in getting a warrant)
Exceptions to the Warrant Requirement These include: Exigent circumstances. Plain view. Search incident to arrest.
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.
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.
The most common search is the search of a person that is under arrest. Another warrantless search that can be conducted is when an officer stops and frisks a citizen while investigating a crime.
These include: Exigent circumstances. Plain view. Search incident to arrest. Consent. Automobile exceptions. Special needs.
Officers will take immediate actions to secure a warrant or they may search warrantless if they believe that failing to do so will cause the destruction of evidence, threaten public safety, or cause a suspect to flee.