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 Sacramento
Category:
State:
Multi-State
County:
Sacramento
Control #:
US-000282
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Word;
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FAQ
These include: Exigent circumstances. Plain view. Search incident to arrest. Consent. Automobile exceptions. Special needs.
(1) Consent was given: The suspect must have expressly or impliedly consented. (2)Consent was voluntary: The consent must have been given voluntarily.
An officer may seize evidence without a warrant if an officer is on the premises lawfully and the evidence is found in plain view.
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.
Exceptions to the Warrant Requirement These include: Exigent circumstances. Plain view. Search incident to arrest.
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.
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.
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.