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 Warrant Amendment 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
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
A request for emergency relief pending the determination of an appeal or a motion for permission to appeal shall be brought on by order to show cause. The applicant shall contact the clerk's office in advance of the filing. The papers shall be filed as directed by the clerk's office.
The application must contain: (a) The name of the court and the name and title of the applicant; and (b) A statement that there is reasonable cause to believe that property of a kind or character described in section 690.10 may be found in or upon a designated or described place, vehicle or person, or, in the case of ...
In California, parents have the right to petition for an emergency custody hearing in family court under certain circumstances to protect their child from imminent harm.
In order to respond to a motion or an order to show cause, you must prepare answering papers. If you disagree with what is being asked for in the motion or order to show cause, you must prepare an affidavit in opposition (see Exhibit A).
Legal Examples: A Show Cause Order is issued to a party who has allegedly violated a court order. The individual must appear in court to explain why they should not be held in contempt for failing to comply with the original order, such as not paying court-ordered child support.
The Fourth Amendment requires law enforcement to obtain a warrant in order to conduct searches or seizures that infringe a reasonable expectation of privacy. These warrants may only be issued upon probable cause and must describe the parameters of the search with particularity.
Exceptions to the Exclusionary Rule Searches made during a lawful arrest. Evidence found in plain view of an officer. Searches made with the consent of the person or property owner. "Good faith" reliance on a defective warrant.
Exceptions to the Warrant Requirement These include: Exigent circumstances. Plain view. Search incident to arrest.
More info
Application for Justice of the Peace form, available at the Office of the Attorney-General and online (download here). Judicial neutrality precludes the justice of the peace from becoming personally involved in the drafting of search warrant informations.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). (3) A search warrant issued under this section may be in the form set out as Form 5 in Part XXVIII, varied to suit the case. Here are five tips for writing a search warrant that officers should consider when it comes time to put pen to paper. You'll draft and review portions of a warrant based on a crime fact scenario (Note: advanced preparation is required). This course fills up quickly. In general, police need to have a search warrant in order to conduct a search. But there are many exceptions to this requirement. The Fourth Amendment to the US Constitution protects against unreasonable governmental searches.