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.
Hawaii Complaint For Strip Search - 4th and 14th Amendment, US Constitution - Jury Trial Demand
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US-000282
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FAQ
The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids ?double jeopardy,? and protects against self-incrimination.
The Katz test assesses whether law enforcement has violated an individual's ?constitutionally protected reasonable expectation of privacy.?12 This test is traditionally used to determine whether a search has occurred within the meaning of the Fourth Amendment.
The Fourth Amendment protects free citizens from ?unreasonable searches and seizures? and the Eighth Amendment protects those convicted of a crime against ?cruel and unusual punishments.? For those who are not free citizens but who have not yet been convicted, i.e. a pretrial detainee, the Fourteenth Amendment's due ...
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 right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things ...