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 Harris
Category:
State:
Multi-State
County:
Harris
Control #:
US-000282
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It is also evident, in light of Payton, that arresting Harris in his home without an arrest warrant violated the Fourth Amendment. The Fourth Amendment prohibits the police from effecting a warrantless and nonconsensual entry into a suspect's home in order to make a routine felony arrest.Harris, 495 U.S. 14 (1990)The police violated Payton v. It would hardly be suggested that such a search could be made without warrant if Harris had been arrested on the street. CPL 690.10 (3) and (4) were amended in 1994 to make it clear that New York courts may issue search warrants for property relevant to out-of-state crimes. Did the use of a pen register without a warrant violate the Fourth Amendment protection against unreasonable searches and seizures? Searches and seizures inside a home without a warrant are presumptively unreasonable. §3103a provides that "a warrant may be issued to search for and seize any property that constitutes evidence of a criminal offense. . . . She knows (or at least should know) that the Fourth Amendment protects people from unreasonable searches and seizures. Probable cause along with exigent circumstances may justify a search or entry without a warrant.