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 California
Category:
State:
Multi-State
Control #:
US-000282
Format:
Word;
Rich Text
Instant download
This website is not affiliated with any governmental entity
Public form
Description
Form popularity
FAQ
Exceptions to the Warrant Requirement These include: Exigent circumstances. Plain view. Search incident to arrest.
The Fourth Amendment protects citizens from unlawful searches and seizures, but there are exceptions under California law. Within the search warrant requirement, there's an automobile exception that permits authorities to search a person's vehicle if they have probable cause to search.
If there is a reasonable expectation of privacy and there is not probable cause, a search warrant is required. However, if probable cause does occur, such as a suspect runs away, a gunshot is heard from another room in a home, or even when an individual makes a sudden movement, a search becomes legal without a warrant.
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.
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.
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.
Law enforcement officers may conduct a warrantless search of a vehicle if an individual with actual or apparent authority voluntarily consents to the search. In such cases, neither probable cause nor reasonable suspicion is required.