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.
Amendment For Search And Seizure In Montgomery
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State:
Multi-State
County:
Montgomery
Control #:
US-000282
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Fourth Amendment: protects against unreasonable search and seizure. Fifth Amendment: protects against self-testimony, being tried twice for the same crime, and the seizure of property under eminent domain.
The Fourth Amendment of the U.S. Constitution provides that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly ...
The Fourth Amendment is very brief. Despite its importance, it's only one sentence long. It has two clauses: the "unreasonable search and seizure" clause and the "warrants" clause.
The Fourth Amendment of the United States Constitution protects citizens like you from unreasonable searches and seizures. This fundamental right extends to Maryland, but its application can be murky and complicated.
United States, 275 U.S. 192, 194 (1927) ( It has long been settled that the Fifth Amendment protects every person against incrimination by the use of evidence obtained through search or seizure made in violation of his rights under the Fourth Amendment. ).
The Fifth Amendment right does not extend to an individual's voluntarily prepared business papers because the element of compulsion is lacking. Similarly, the right does not extend to potentially incriminating evidence derived from obligatory reports or tax returns.
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.
(“A search warrant for a search/seizure cannot be issued but upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched.”)
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 ...
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.