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 Wake
Category:
State:
Multi-State
County:
Wake
Control #:
US-000282
Format:
Word;
Rich Text
Instant download
Description
Free preview
Get your form ready online
Our built-in tools help you complete, sign, share, and store your documents in one place.
Built-in online Word editor
Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Export easily
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
E-sign your document
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
Notarize online 24/7
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
Store your document securely
We protect your documents and personal data by following strict security and privacy standards.
Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Looking for another form?
Form popularity
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.
Exceptions to the Warrant Requirement These include: Exigent circumstances. Plain view. Search incident to arrest.
Both controversies led to the famous notion that a person's home is their castle, not easily invaded by the government. Today the Fourth Amendment is understood as placing restraints on the government any time it detains (seizes) or searches a person or property.
But again, under the 4th Amendment the operative word is always reasonableness. Consent is a reasonable exception to the warrant requirement. With voluntary consent from someone who has actual or apparent authority over the place to be searched, agents do not need probable cause or a warrant.
Exceptions to the Warrant Requirement Exigent circumstances. Plain view. Search incident to arrest. Consent.
Today the Fourth Amendment is understood as placing restraints on the government any time it detains (seizes) or searches a person or property.
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.
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.
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.