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.
Amendment For Search And Seizure In Wayne
Category:
State:
Multi-State
County:
Wayne
Control #:
US-000282
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Word;
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FAQ
The Fourth Amendment does not protect someone who is under suspicion of a Federal felony. Also, the Amendment would not protect someone who voluntarily agrees to a search without a warrant.
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.
United States, 275 U.S. 192, 194 (1927) ( It has long been settled that the Fifth Amendment protects every person against incrimination by the use of evidence obtained through search or seizure made in violation of his rights under the Fourth Amendment. ).
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.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.
For example, a sudden search of a driver's motor vehicle after a speeding ticket stop may constitute an illegal search and seizure if the law enforcement officer did not have probable cause to believe that the driver had committed another crime.
For example, a sudden search of a driver's motor vehicle after a speeding ticket stop may constitute an illegal search and seizure if the law enforcement officer did not have probable cause to believe that the driver had committed another crime.
The most basic requirement is that the suspect must have consented—either expressly or impliedly. EXPRESS CONSENT: Express consent results when the suspect responds in the affirmative to an officer's request for permission. There are, however, no “magic words” that the suspect must utter.