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 Cook
Category:
State:
Multi-State
County:
Cook
Control #:
US-000282
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FAQ
Both controversies led to the famous notion that a person's home is their castle, not easily invaded by the government. Today the Fourth Amendment is understood as placing restraints on the government any time it detains (seizes) or searches a person or property.
(1) Consent was given: The suspect must have expressly or impliedly consented. (2)Consent was voluntary: The consent must have been given voluntarily.
The Fourth Amendment doesn't apply to every governmental search. If the person searched did not have a reasonable expectation of privacy in the place the government searches (or the item the government seizes), there is no Fourth Amendment violation.
United States, 275 U.S. 192, 194 (1927) ( It has long been settled that the Fifth Amendment protects every person against incrimination by the use of evidence obtained through search or seizure made in violation of his rights under the Fourth Amendment. ).
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.
Third Amendment: restricts housing soldiers in private homes. Fourth Amendment: protects against unreasonable search and seizure. Fifth Amendment: protects against self-testimony, being tried twice for the same crime, and the seizure of property under eminent domain.
The most basic requirement is that the suspect must have consented—either expressly or impliedly. EXPRESS CONSENT: Express consent results when the suspect responds in the affirmative to an officer's request for permission. There are, however, no “magic words” that the suspect must utter.
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things ...
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.