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 Pima
Category:
State:
Multi-State
County:
Pima
Control #:
US-000282
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FAQ
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.
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.
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.
Today the Fourth Amendment is understood as placing restraints on the government any time it detains (seizes) or searches a person or property.
If the court finds that a search was conducted in violation of the Fourth Amendment, it will exclude any evidence found from the suspect's criminal case. The exclusionary rule states that the courts will exclude or prevent evidence obtained from an unreasonable search and seizure from a criminal defendant's trial.
Since 1980, courts have determined that requirements related to video surveillance go beyond the traditional Fourth Amendment warrant requirements and have fashioned additional requirements for both acquiring and executing a search warrant authorizing television-assisted surveillance.
Exceptions to the Warrant Requirement These include: Exigent circumstances. Plain view. Search incident to arrest.
These include: Exigent circumstances. Plain view. Search incident to arrest. Consent. Automobile exceptions. Special needs.
An officer may seize evidence without a warrant if an officer is on the premises lawfully and the evidence is found in plain view.
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.