Amendment Forbidding Search And Seizure In Pennsylvania

State:
Multi-State
Control #:
US-000282
Format:
Word; 
Rich Text
Instant download
This website is not affiliated with any governmental entity
Public form

Description

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.


Form popularity

FAQ

Exceptions to Warrant Requirement Overview of Border Searches. Searches at International Borders. Searches Beyond the Border. Drug Testing. National Security. School Searches. Searches of Prisoners, Parolees, and Probationers. Workplace Searches.

These include: Exigent circumstances. Plain view. Search incident to arrest. Consent. Automobile exceptions. Special needs.

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.

Both controversies led to the famous notion that a person's home is their castle, not easily invaded by the government. Today the Fourth Amendment is understood as placing restraints on the government any time it detains (seizes) or searches a person or property.

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 right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things ...

In Krull, the Court held that a good-faith exception to the exclusionary rule permits the introduction of evidence obtained by an officer in reliance upon a statute, even where that statute is thereafter determined to be unconstitutional.

Some groups consider stop and frisk a clear failure of public safety policy. However, the practice is legal under Pennsylvania's policing procedures, provided it is used appropriately to address suspicions of criminal activity.

More info

The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law. Security from searches and seizures.Fourth Amendment Explained. The Fourth Amendment to the U.S. Constitution gives citizens the right to be free from unreasonable searches and seizures. Pennsylvania residents are also protected under Article I §8 of the Pennsylvania Constitution. It also prevents unlawfully seized items from being used as evidence against them in criminal cases. A motion to suppress likely will be rooted in the Fourth Amendment which prevents police from engaging in a "fishing expedition. And the necessity of warrants for searches and seizures. —In the early days of the automobile, the Court created an exception for searches of vehicles, holding in Carroll v.

Trusted and secure by over 3 million people of the world’s leading companies

Amendment Forbidding Search And Seizure In Pennsylvania