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 For Search And Seizure In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-000282
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Word;
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FAQ
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.
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) ...
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 Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.
(1) Consent was given: The suspect must have expressly or impliedly consented. (2)Consent was voluntary: The consent must have been given voluntarily.
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.
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.
All Superior Courts in California have authority over a wide variety of case types: Civil Cases - Includes both limited civil cases ($35,000 or less) and unlimited civil cases (over $35,000). Criminal Cases - Both felony and misdemeanor crimes (including such offenses as driving under the influence).
In every case, to present an ex parte application to the court, a party must: reserve a hearing date with the applicable department (for applications that require a hearing.) ... file the motion with the court, and. give notice of the hearing date as required by law.
The United States District Court for the Northern District of California has jurisdiction in Alameda County. Appeals from the Northern District go to the United States Court of Appeals for the 9th Circuit.
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Local Forms, Adoption Forms, Family Law Forms, Juvenile Forms, Probate and Court Investigator's Forms, Small Claims Forms, Traffic Forms Fourth Amendment Explained.The Fourth Amendment's rule against unreasonable searches and seizures mean the police cannot search you or your vehicle unless one of the following is true. This Fourth Amendment to Disposition and Development Agreement ("Fourth. Most court documents are provided as PDF files. Each FTO's trainee binder, often referred to as the "Rookie Book," includes the below listed items which are part of the APD Field Training Program (FTP). The Fourth Amendment to the United States Constitution protects persons from unreasonable search and seizure. Amendment regarding warrantless searches and seizure. APD is committed to providing quality service with respect, care, and equal treatment for all in the community. Marijuana was discovered in the glove compartment.