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 Amendment Without Warrant In Broward
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State:
Multi-State
County:
Broward
Control #:
US-000282
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For instance, a warrantless search may be lawful, if an officer has asked and is given consent to search; if the search is incident to a lawful arrest; if there is probable cause to search, and there is exigent circumstance calling for the warrantless search.
What Does the Fourth Amendment Mean? 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.
Exceptions to the Warrant Requirement Exigent circumstances. Plain view. Search incident to arrest. Consent.
There are several exceptions to the warrant requirement that allow law enforcement to conduct searches without obtaining a warrant. These exceptions include exigent circumstances, consent searches, plain view doctrine, and the automobile exception, among others.
The circumstances under which the law deems a warrantless search, seizure, or arrest reasonable generally fall within the following seven categories: For a felony arrest in a public place. When directly related to a lawful arrest. During a traffic stop for reasonable suspicion.
Plain View Doctrine: See Horton v. California, 496 U.S. 128 (1990). Public view: Since individuals have no reasonable expectation of privacy of content exposed to the public, items in public view may be seized without a warrant.
There are several online resources available for checking if you have an outstanding warrant: Florida Department of Law Enforcement (FDLE): The FDLE provides a user-friendly warrant search tool on its website that allows you to check for active warrants statewide.
Exceptions to the Warrant Requirement These include: Exigent circumstances. Plain view. Search incident to arrest.