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.
Amendment Forbidding Search And Seizure In Michigan
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US-000282
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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.
Further, warrantless seizure of abandoned property, or of properties on an open field do not violate Fourth Amendment, because it is considered that having expectation of privacy right to an abandoned property or to properties on an open field is not reasonable.
United States, 275 U.S. 192, 194 (1927) ( It has long been settled that the Fifth Amendment protects every person against incrimination by the use of evidence obtained through search or seizure made in violation of his rights under the Fourth Amendment. ).
6th Amendment: Right to an Attorney In Michigan, a person who cannot afford a lawyer is entitled to a court-appointed criminal defense lawyer. When a person requests a court appointed attorney in Michigan Courts, he or she is required to file a statement of financial circumstances.
§ 11 Searches and seizures. No warrant to search any place or to seize any person or things or to access electronic data or electronic communications shall issue without describing them, nor without probable cause, supported by oath or affirmation.
Generally, a person has no reasonable expectation of privacy for property and personal effects they hold open to the public. The Fourth Amendment does not protect things that are visible or in "plain view" for a person of ordinary and unenhanced vision.
State and Federal Search and Seizure Law The 4th Amendment prohibits unreasonable searches and seizures. Article 1, Section 11 of the Michigan Constitution of 1963, guarantees our right to be secure in our homes and possessions from unreasonable searches and seizures.
Sec. 10. The governor shall have power and it shall be his duty to inquire into the condition and administration of any public office and the acts of any public officer, elective or appointive.
An unreasonable search and seizure is a search and seizure executed 1) without a legal search warrant signed by a judge or magistrate describing the place, person, or things to be searched or seized or 2) without probable cause to believe that certain person, specified place or automobile has criminal evidence or 3) ...
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The person, houses, papers, possessions, electronic data, and electronic communications of every person shall be secure from unreasonable searches and seizures. The 4th Amendment prohibits unreasonable searches and seizures.The Fourth Amendment prohibits the U.S. government from engaging in unreasonable searches and seizures. The Fourth Amendment and Michigan Constitution protect against unreasonable searches and seizures. US Const, Am IV; Const 1963, art 1, § 11. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law. Have you been illegally searched or has your property been seized? Call Detroit search and seizure attorney Maurice Davis for free consult: . Fourth Amendment Explained. The Fourth Amendment is not a guarantee against all searches and seizures.