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 Virginia
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Multi-State
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US-000282
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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 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.
§ 19.2-59. Search without warrant prohibited; when search without warrant lawful. No officer of the law or any other person shall search any place, thing or person, except by virtue of and under a warrant issued by a proper officer.
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.
Today the Fourth Amendment is understood as placing restraints on the government any time it detains (seizes) or searches a person or property.
For instance, a warrantless search may be lawful, if an officer has asked and is given consent to search; if the search is incident to a lawful arrest; if there is probable cause to search, and there is exigent circumstance calling for the warrantless search.