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 Cuyahoga
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State:
Multi-State
County:
Cuyahoga
Control #:
US-000282
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Word;
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FAQ
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.
Section 2933.22 | Probable cause for search warrant. (A) A warrant of search or seizure shall issue only upon probable cause, supported by oath or affirmation particularly describing the place to be searched and the property and things to be seized.
An unreasonable search and seizure is a search and seizure executed 1) without a legal search warrant signed by a judge or magistrate describing the place, person, or things to be searched or seized or 2) without probable cause to believe that certain person, specified place or automobile has criminal evidence or 3) ...
An unreasonable search and seizure is a search and seizure executed 1) without a legal search warrant signed by a judge or magistrate describing the place, person, or things to be searched or seized or 2) without probable cause to believe that certain person, specified place or automobile has criminal evidence or 3) ...
The Fourth Amendment requires that warrants issue “upon probable cause, supported by Oath or affirmation.” The significance of the oath requirement is “that someone must take the responsibility for the facts alleged, giving rise to the probable cause for the issuance of a warrant.” United States ex rel.
Some of the most common examples are discussed below. Warrantless Searches Without Consent or Probable Cause. Using Invalid or Overbroad Warrants. Unreasonable Use of Surveillance. Exceeding the Scope of a Lawful Search. Pretextual Stops and Searches. Search Incident to Arrest Without Legal Grounds.
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.
Day in the Opinion of the Court in Weeks v. United States (1914). Fourth Amendment case law deals with three central issues: what government activities constitute "search" and "seizure;" what constitutes probable cause for these actions; how violations of Fourth Amendment rights should be addressed.
The right of the people to be secure in their persons, houses, papers, and possessions, against unreasonable searches and seizures shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched and the person and things to ...