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.
Search Warrant Amendment In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-000282
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Word;
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FAQ
Exceptions to the Warrant Requirement Exigent circumstances. Plain view. Search incident to arrest. Consent.
The Fourth Amendment requires law enforcement to obtain a warrant in order to conduct searches or seizures that infringe a reasonable expectation of privacy. These warrants may only be issued upon probable cause and must describe the parameters of the search with particularity.
At a minimum, the template should include: The affiant's name, title and authority within the jurisdiction, and experience/training relevant to the type of crime listed in the warrant. All statute violations involved in the investigation. A statement identifying the purpose of the search warrant.
A valid search warrant must meet four requirements: (1) the warrant must be filed in good faith by a law enforcement officer; (2) the warrant must be based on reliable information showing probable cause to search; (3) the warrant must be issued by a neutral and detached magistrate; and (4) the warrant must state ...
A warrant may be issued to seize evidence pertaining to any crime when the evidence (1) is possessed by a person who intends to use it as a means of committing a felony or misdemeanor; (2) consists of stolen or embezzled property; (3) is possessed by a person to whom it was delivered for the purpose of concealing it; ( ...
A warrant must be issued by a neutral judge or magistrate following a showing of probable cause supported by sworn testimony or an affidavit. See Carroll v. United States, 267 U.S. 132 (1925) .
A valid search warrant must meet four requirements: (1) the warrant must be filed in good faith by a law enforcement officer; (2) the warrant must be based on reliable information showing probable cause to search; (3) the warrant must be issued by a neutral and detached magistrate; and (4) the warrant must state ...
Probable cause must be based on factual evidence and not merely on suspicion. 2. Supported by Oath or Affirmation: The warrant must be supported by an affidavit or sworn statement made by a law enforcement officer. The officer must swear to the truthfulness of the information provided to the judge.
(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 the Warrant Requirement Exigent circumstances. Plain view. Search incident to arrest. Consent.