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 Wayne
Category:
State:
Multi-State
County:
Wayne
Control #:
US-000282
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FAQ
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) ...
The circumstances under which the law deems a warrantless search, seizure, or arrest reasonable generally fall within the following seven categories: For a felony arrest in a public place. When directly related to a lawful arrest. During a traffic stop for reasonable suspicion.
Consent must be freely and voluntarily given by a person with a reasonable expectation of privacy in the area or property to be searched. Plain View. An officer may seize evidence without a warrant if an officer is on the premises lawfully and the evidence is found in plain view.
The most basic requirement is that the suspect must have consented—either expressly or impliedly. EXPRESS CONSENT: Express consent results when the suspect responds in the affirmative to an officer's request for permission. There are, however, no “magic words” that the suspect must utter.
(1) Consent was given: The suspect must have expressly or impliedly consented. (2)Consent was voluntary: The consent must have been given voluntarily.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.
Generally, the government needs a search warrant, an arrest warrant, or probable cause to perform a valid search or seizure. However, there are some exceptions to the general warrant requirement. If an exception applies, a warrantless search may still be reasonable.
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.