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 Utah
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US-000282
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The legal definition: Reasonable suspicion means suspicion based on specific, articulable facts drawn from the totality of the circumstances facing the officer at the time of the stop, which facts are most frequently based on an investigating officer's own observations and inferences.
Reasonable suspicion n : an objectively justifiable suspicion that is based on specific facts or circumstances that justifies stopping and sometimes searching (as by frisking) a person thought to be involved in criminal activity at the time.
Utah courts have recognized that probable cause and, by extension, reasonable suspicion may arise from an officer's sense of smell.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.
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) ...
Reasonable suspicion means that the officer can explain why a crime has likely occurred, and point to reasons for that conclusion. For a detention to be valid, those reasons must be convincing to another person looking at the facts and conclusions at a later time.
This Amendment prohibits unreasonable searches and seizures by law enforcement in places where a person has a reasonable expectation of privacy.
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.
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 Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law. The Fourth Amendment sets out the right to be free from "unreasonable searches and seizures" and establishes conditions under which search warrants may be used.Under the Fourth Amendment of the United States Constitution, law enforcement officers must obtain a warrant before conducting a search. The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures. Constitutional Protections in Utah Criminal Cases. The Fourth Amendment guarantees protection against unreasonable warrantless searches and seizures. It was simply copied as a standard provision found in the federal Fourth. You have rights when it comes to police searching and seizing anything found on you or in your property. Utah's Rules of Criminal Procedure in Rule 40 explains the requirements for obtaining, executing, and returning a search warrant. One of your constitutional protections is the Fourth Amendment right against unlawful search and seizure.