Search Warrant Amendment In Bronx

State:
Multi-State
County:
Bronx
Control #:
US-000282
Format:
Word; 
Rich Text
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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

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.

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 ...

The ruling introduced a two-part test to determine if a government action qualifies as a "search": Subjective Expectation of Privacy: The individual must have a personal, subjective expectation that the place or activity in question is private. Objective Expectation of Privacy:

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.

And they must be specific in what they allow to be.MoreAnd they must be specific in what they allow to be.

The application must contain: (a) The name of the court and the name and title of the applicant; and (b) A statement that there is reasonable cause to believe that property of a kind or character described in section 690.10 may be found in or upon a designated or described place, vehicle or person, or, in the case of ...

Exceptions to the Warrant Requirement Exigent circumstances. Plain view. Search incident to arrest. Consent.

Probable Cause: To issue a search warrant, there must be probable cause to believe that a crime has been committed and that evidence relevant to the crime is located at the place to be searched.

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Search Warrant Amendment In Bronx