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 King
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State:
Multi-State
County:
King
Control #:
US-000282
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Exceptions to the Warrant Requirement These include: Exigent circumstances. Plain view. Search incident to arrest.
Remedies. The remedy to unreasonable search and seizure is the exclusionary rule, which prevents the evidence obtained via the unreasonable search or seizure from being introduced in court, as it is referred to as the fruit of the poisonous tree; see Mapp v. Ohio, 347 U.S. 643 (1961).
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.
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.
These include: Exigent circumstances. Plain view. Search incident to arrest. Consent. Automobile exceptions. Special needs.
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.
(1) Consent was given: The suspect must have expressly or impliedly consented. (2)Consent was voluntary: The consent must have been given voluntarily.
Probable cause must be based on factual evidence and not merely on suspicion. 2. Supported by Oath or Affirmation: The warrant must be supported by an affidavit or sworn statement made by a law enforcement officer. The officer must swear to the truthfulness of the information provided to the judge.
A valid search warrant must meet four requirements: (1) the warrant must be filed in good faith by a law enforcement officer; (2) the warrant must be based on reliable information showing probable cause to search; (3) the warrant must be issued by a neutral and detached magistrate; and (4) the warrant must state ...
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The Court today arms the police with a way routinely to dishonor the Fourth Amendment 's warrant requirement in drug cases. The Fourth Amendment requires searches and seizures be reasonable.The Court has held a search or seizure without a warrant presumptively unreasonable. What Does the Fourth Amendment Mean? King, 131 S. Ct. 1849 (2011). The Fourth Amendment protects against unreasonable searches and seizures. It requires a warrant, based on probable cause, for searches. It will eliminate loopholes that let the government investigate us and our property without having to get a warrant. When police have valid consent to search a house, neither a warrant nor probable cause is necessary. The consent must be given voluntarily.