Indiana Complaint For Strip Search - 4th and 14th Amendment, US Constitution - Jury Trial Demand

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Multi-State
Control #:
US-000282
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Word; 
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Description

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.


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FAQ

Governmental actors violate due process when they frustrate the fairness of proceedings, such as when a prosecutor fails to disclose evidence to a criminal defendant that suggests they may be innocent of the crime, or when a judge is biased against a criminal defendant or a party in a civil action.

The Due Process Clause of the Fourteenth Amendment is exactly like a similar provision in the Fifth Amendment, which only restricts the federal government. It states that no person shall be ?deprived of life, liberty, or property without due process of law.? Usually, ?due process? refers to fair procedures.

Examples of procedural due process include: The right to call witnesses and present evidence in defense of the charges. Right to receive exculpatory evidence from the prosecution. Right to appeal a judge's or jury's decision.

Overview. Procedural due process refers to the constitutional requirement that when the federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must be given notice, the opportunity to be heard, and a decision by a neutral decision-maker.

Governmental actors violate due process when they frustrate the fairness of proceedings, such as when a prosecutor fails to disclose evidence to a criminal defendant that suggests they may be innocent of the crime, or when a judge is biased against a criminal defendant or a party in a civil action.

The Fourth Amendment prohibits the United States government from conducting ?unreasonable searches and seizures." In general, this means police cannot search a person or their property without a warrant or probable cause. It also applies to arrests and the collection of evidence.

Three exceptions to the exclusionary rule are "attenuation of the taint," "independent source," and "inevitable discovery."

Generally, the Fourth Amendment of the United States Constitution and Article 1, Section 11 of the Indiana Constitution prohibit unreasonable search and seizure of persons and property.

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Indiana Complaint For Strip Search - 4th and 14th Amendment, US Constitution - Jury Trial Demand