Body Search For In Ohio

State:
Multi-State
Control #:
US-000282
Format:
Word; 
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Description

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.


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FAQ

If the officer needs to conduct a more invasive search they must have a female officer present anyMoreIf the officer needs to conduct a more invasive search they must have a female officer present any inappropriate behavior during the search is prohibited. And can result in disciplinary.

A strip search or visual body cavity search, or both, shall not be conducted without the prior written authorization of the supervising officer on duty. The authorization shall include the specific and articulable facts and circumstances upon which the reasonable suspicion determination was made by the supervisor.

Section 2933.22 | Probable cause for search warrant. (A) A warrant of search or seizure shall issue only upon probable cause, supported by oath or affirmation particularly describing the place to be searched and the property and things to be seized.

A search warrant shall not be issued until there is filed with the judge or magistrate an affidavit that particularly describes the place to be searched, names or describes the person to be searched, and names or describes the property to be searched for and seized; that states substantially the offense in relation to ...

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 ...

Probable Cause: To issue a search warrant, there must be probable cause to believe that a crime has been committed and that evidence relevant to the crime is located at the place to be searched.

First, there must be reasonable suspicion to believe that the person searched is concealing contraband. In addition to reasonable suspicion, there must also be a valid penological need for the search. Finally, the search must be conducted in a reasonable manner.

Generally, the issuance of a search warrant depends on how quickly an affiant law enforcement officer can convince a judge or magistrate that the warrant is necessary. A judge's availability and a case's complexity also factor into the issue timeline, which may span a few hours or extend to some days.

(1) The individual has a physical or mental disability. (2) The individual is missing under circumstances indicating that the individual's safety may be in danger. (3) The individual is missing under circumstances indicating that the individual's disappearance was not voluntary.

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Body Search For In Ohio