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 Salt Lake
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State:
Multi-State
County:
Salt Lake
Control #:
US-000282
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FAQ
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.
The ruling introduced a two-part test to determine if a government action qualifies as a "search": Subjective Expectation of Privacy: The individual must have a personal, subjective expectation that the place or activity in question is private. Objective Expectation of Privacy:
U.S. Constitution - Fourth Amendment.
This Amendment prohibits unreasonable searches and seizures by law enforcement in places where a person has a reasonable expectation of privacy.
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 ...
If you have an outstanding warrant in Utah, you should either surrender on the warrant or hire an attorney to help you schedule a hearing in the courtroom where the warrant was issued. If you do nothing, law enforcement officers will come looking for you and take you into custody.
Search warrants require probable cause and particularity The Fourth Amendment protects against unreasonable searches and seizures by the government. The government generally needs a warrant to perform a search that infringes a reasonable expectation of privacy.
A warrant must be issued by a neutral judge or magistrate following a showing of probable cause supported by sworn testimony or an affidavit. See Carroll v. United States, 267 U.S. 132 (1925) .