Strip Search For Meaning In Illinois

State:
Multi-State
Control #:
US-000282
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Word; 
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Description

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.


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FAQ

In a so-called Terry stop, officers may engage with members of the public and physically search their person while in a public location without yet having any reason to arrest them.

This means they must have specific evidence or facts that point to your involvement in the alleged offense. For example: Drug Possession: If an officer sees a small bag of what appears to be illegal drugs in plain view inside your car, this observation can provide probable cause for an arrest.

The Illinois Search & Seizure Clause The Illinois constitution says: “The people shall have the right to be secure in their persons, houses, papers and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications by eavesdropping devices or other means.

Some courts and scholars have suggested probable cause could, in some circumstances, allow for a fact to be established as true to a standard of less than 51%, but as of August 2019, the United States Supreme Court has never ruled that the quantification of probable cause is anything less than 51%.

There are four categories into which evidence may fall in establishing probable cause. These include observational, circumstantial, expertise, and information: Observational evidence is based on what the officer sees, smells, or hears.

(a) Any law enforcement officer may make an arrest without warrant if the officer has probable cause to believe that the person has committed or is committing any crime, including but not limited to violation of an order of protection, under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of ...

Information/data that is NOT covered by the Freedom of Information Act (FOIA) includes: Non-agency records and personal records. Public requests for access to physical artifacts or scientific samples (e.g. core samples, sediment, rocks, fossils, specimen samples, blood samples).

How Do I Submit a FOIA Request to IDHR? FOIA requests must be submitted in writing. The FOIA request should include a clear description of the public record requested. If a request is unclear, IDHR may need to contact you to further clarify the request.

You may submit a written request to the Department's FOIA Officer by means of facsimile, the US mail, special carrier, or e-mail. A written request will ensure proper compliance with the requirements of the FOIA.

A strip search or visual body cavity search, or both, shall not be conducted without the prior written authorization of the supervising officer on duty. The authorization shall include the specific and articulable facts and circumstances upon which the reasonable suspicion determination was made by the supervisor.

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Strip Search For Meaning In Illinois