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.
Body Search For In Florida
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Multi-State
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US-000282
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Personal Records Exempt from Public Disclosure As provided by s. 119.071, Florida Statutes, certain information maintained by state agencies is exempt from public disclosure, and is therefore deemed confidential. This includes social security numbers, medical and financial information.
Section 119.011(12), F.S., defines "public records" to include: all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance ...
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.
Floridians have a powerful statutory and constitutional right to access most of the records held by state and local governmental agencies. Unless the record has been exempted or specifically made confidential by law or the Florida Constitution, agencies must — in good faith — provide access to public records.
Florida Law Makes Criminal Records Public The only exception to the law is when a criminal record has been sealed or expunged. Having a criminal record sealed means that the record is only accessible to those with access, and that access is strictly limited.
If an officer has reasonable suspicion or probable cause to believe the passenger is involved in criminal activity, refusing to provide identification can lead to arrest. The refusal itself could be interpreted as obstruction of justice under Florida Statute §843.02.
Yes, Florida is generally considered a “stop and ID” state based on the interaction between the following statutes: the “Stop and Frisk Law” found at Fla. Stat. §901.151.
"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 on probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to ...
Yes, Florida is generally considered a “stop and ID” state based on the interaction between the following statutes: the “Stop and Frisk Law” found at Fla. Stat.