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 Massachusetts
Category:
State:
Multi-State
Control #:
US-000282
Format:
Word;
Rich Text
Instant download
This website is not affiliated with any governmental entity
Public form
Description
Form popularity
FAQ
Officers will take immediate actions to secure a warrant or they may search warrantless if they believe that failing to do so will cause the destruction of evidence, threaten public safety, or cause a suspect to flee.
Exceptions to the Warrant Requirement These include: Exigent circumstances. Plain view. Search incident to arrest.
(1) Consent was given: The suspect must have expressly or impliedly consented. (2)Consent was voluntary: The consent must have been given voluntarily.
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.
These include: Exigent circumstances. Plain view. Search incident to arrest. Consent. Automobile exceptions. Special needs.
A warrant must be issued by a neutral judge or magistrate following a showing of probable cause supported by sworn testimony or an affidavit. See Carroll v. United States, 267 U.S. 132 (1925) .
Exceptions to the Warrant Requirement Exigent circumstances. Plain view. Search incident to arrest. Consent.
A valid search warrant must meet four requirements: (1) the warrant must be filed in good faith by a law enforcement officer; (2) the warrant must be based on reliable information showing probable cause to search; (3) the warrant must be issued by a neutral and detached magistrate; and (4) the warrant must state ...