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 Broward
Category:
State:
Multi-State
County:
Broward
Control #:
US-000282
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Word;
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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.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.
(“A search warrant for a search/seizure cannot be issued but upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched.”)
To obtain a search warrant or arrest warrant, the law enforcement officer must demonstrate probable cause that a search or seizure is justified. A court-authority, usually a magistrate, will consider the totality of circumstances to determine whether to issue the warrant.
Whether a particular type of search is considered reasonable in the eyes of the law, is determined by balancing two important interests. On one side of the scale is the intrusion on an individual's Fourth Amendment rights. On the other side of the scale are legitimate government interests, such as public safety.
SECTION 12. Searches and seizures.—The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated.
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.
If you're not under arrest, and there's no probable cause or reasonable suspicion, you generally have the right to refuse a search. No valid warrant. The officer does not have a search warrant issued by a court that specifically permits them to search your vehicle. Absence of exigent circumstances.