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 Withholding In Kings
Category:
State:
Multi-State
County:
Kings
Control #:
US-000282
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Word;
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FAQ
Consent must be freely and voluntarily given by a person with a reasonable expectation of privacy in the area or property to be searched. Plain View. An officer may seize evidence without a warrant if an officer is on the premises lawfully and the evidence is found in plain view.
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.
Generally, the government needs a search warrant, an arrest warrant, or probable cause to perform a valid search or seizure. However, there are some exceptions to the general warrant requirement. If an exception applies, a warrantless search may still be reasonable.
Do Not Consent to Searches: Politely state, “I do not consent to any searches,” which helps preserve your rights if the search is later challenged in court. Ask for a Warrant: If officers do not have a warrant, you do not have to allow them to search your property.
(1) Consent was given: The suspect must have expressly or impliedly consented. (2)Consent was voluntary: The consent must have been given voluntarily.
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 Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
At the time of its creation, the Fourth Amendment was made in response to increasing infringements on privacy in both the colonies and in England.
Jump to essay-1See Riley v. California, 573 U.S. 373, 403 (2014) (explaining that the Fourth Amendment was the founding generation's response to the reviled 'general warrants' and 'writs of assistance' of the colonial era, which allowed British officers to rummage through homes in an unrestrained search for evidence of ...
English common law understandings of press liberty, Madison argued, were inapplicable to a republic like the United States founded on the principle that “the people, not the government, possess the absolute sovereignty.” In order to hold public officers responsible in a republic, people must be able freely to discuss ...