Delaware Complaint For Strip Search - 4th and 14th Amendment, US Constitution - Jury Trial Demand

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US-000282
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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.


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FAQ

A Franks motion is the legal document given to the judge setting forth the defendant's request for a hearing and the specific challenges. This type of hearing is usually conducted after a search and seizure.

The Fourth Amendment prohibits the United States government from conducting ?unreasonable searches and seizures." In general, this means police cannot search a person or their property without a warrant or probable cause. It also applies to arrests and the collection of evidence.

The motion was denied, and Franks was sentenced to two consecutive terms of 25 years each and an additional consecutive life sentence. On appeal, the Delaware Supreme Court affirmed, but its decision was reviewed and reversed by the Supreme Court in the here entitled case.

All searches and seizures under the Fourth Amendment must be reasonable and no excessive force shall be used. Reasonableness is the ultimate measure of the constitutionality of a search or seizure. Searches and seizures with the warrant must also satisfy the reasonableness requirement.

In Franks v. Delaware (1978), the Court made it clear that only where the defense has proof that the affiant lied or acted with a reckless disregard for the truth with respect to some material statement in the affidavit will a hearing regarding such be required.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be ...

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Delaware Complaint For Strip Search - 4th and 14th Amendment, US Constitution - Jury Trial Demand