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 Nassau
Category:
State:
Multi-State
County:
Nassau
Control #:
US-000282
Format:
Word;
Rich Text
Instant download
This website is not affiliated with any governmental entity
Public form
Description
Form popularity
FAQ
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.
For instance, a warrantless search may be lawful, if an officer has asked and is given consent to search; if the search is incident to a lawful arrest; if there is probable cause to search, and there is exigent circumstance calling for the warrantless search.
Law enforcement officers may conduct a warrantless search of a vehicle if an individual with actual or apparent authority voluntarily consents to the search. In such cases, neither probable cause nor reasonable suspicion is required.
The circumstances under which the law deems a warrantless search, seizure, or arrest reasonable generally fall within the following seven categories: For a felony arrest in a public place. When directly related to a lawful arrest. During a traffic stop for reasonable suspicion.
Read on to learn about the Fourth Amendment warrant requirement and how it could apply to your criminal case. Requirements for a Valid Search Warrant. Reasonableness Requirement. Establishing Probable Cause. An Officer's Oath. Details in a Warrant Application. Neutral and Detached Magistrate.
The most common search is the search of a person that is under arrest. Another warrantless search that can be conducted is when an officer stops and frisks a citizen while investigating a crime. Under some circumstances, officers are able to search vehicles and seize items during traffic stops without a search warrant.
The most common search is the search of a person that is under arrest. Another warrantless search that can be conducted is when an officer stops and frisks a citizen while investigating a crime.
Exigent Circumstances (officers can conduct searches without a warrant in urgent situations with immediate risks of danger to the officers or others, or certain risks of immediate loss of evidence that would occur through the delay involved in getting a warrant)
Exceptions to the Warrant Requirement These include: Exigent circumstances. Plain view. Search incident to arrest.
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.
More info
The Fourth Amendment protects you from unlawful searches, including warrantless searches of your car, home, and phone in many circumstances. Did you know that the police can sometimes conduct a search of your person, property, or vehicle without a warrant?Our blog explains how. Law enforcement officers must demonstrate probable cause that evidence of a crime or contraband will likely be found in the location to be searched. If your 4th Amendment search and seizure right have been violated contact a defense lawyer at The Law Firm of Michael S. Berardino to defend your rights. In the aftermath of Hickey, the legislature amended CPL 690.35 in 1992 to broaden the choice of courts empowered to issue search warrants (L 1992, ch 815, 816). What Does the Fourth Amendment Mean?