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 Los Angeles
Category:
State:
Multi-State
County:
Los Angeles
Control #:
US-000282
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Word;
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FAQ
Simply put, they are used to arrest and detain someone who has either failed to appear in court or disobeyed a court order. You can often clear or “quash” a bench warrant by appearing in court or having their lawyer appear on your behalf.
What Does the Fourth Amendment Mean? 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.
You can usually “quash” a bench warrant by appearing in court or a lawyer appearing for you. To successfully quash a bench warrant means the court will remove it from California's judicial system. In most cases, you must appear in court to recall a warrant.
In California, the person may only get the warrant if there's probable cause that they committed the act. They may also get it if a grand jury issues an indictment. An outstanding warrant can remain active indefinitely until the person is arrested or dies.
Exceptions to the Warrant Requirement These include: Exigent circumstances. Plain view. Search incident to arrest.
The Fourth Amendment protects citizens from unlawful searches and seizures, but there are exceptions under California law. Within the search warrant requirement, there's an automobile exception that permits authorities to search a person's vehicle if they have probable cause to search.
If there is a reasonable expectation of privacy and there is not probable cause, a search warrant is required. However, if probable cause does occur, such as a suspect runs away, a gunshot is heard from another room in a home, or even when an individual makes a sudden movement, a search becomes legal without a warrant.