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 Wake
Category:
State:
Multi-State
County:
Wake
Control #:
US-000282
Format:
Word;
Rich Text
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FAQ
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.
Exceptions to the Warrant Requirement These include: Exigent circumstances. Plain view. Search incident to arrest.
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 ...
(1) Consent was given: The suspect must have expressly or impliedly consented. (2)Consent was voluntary: The consent must have been given voluntarily.
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:
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.
These include: Exigent circumstances. Plain view. Search incident to arrest. Consent. Automobile exceptions. Special needs.
The paperwork should include the law(s) suspected to have been violated, a detailed description of the person or place to be searched, a description of what items are anticipated to be found during the search, and a summary from the officer indicating background information about the investigation and probable cause.
The claim: This pill is safe. The evidence: It has been approved by the FDA. The warrant: The FDA is trustworthy and would never approve an unsafe medication.
For example: Claim: Flying in a hot air balloon is safe. Support: The Federal Aviation Administration regulates hot air balloon safety. Warrant: The FAA is trustworthy and would not permit unsafe travel.