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

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US-000282
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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

Louisiana, 391 U.S. 145, 149 (1968) (noting the Article III provision but grounding the analysis of whether the jury trial right applies in state court in the Sixth and Fourteenth Amendments; we hold that the Fourteenth Amendment guarantees a right of jury trial in all criminal cases which?were they to be tried in a ...

Unlike other parts of the Bill of Rights, the right to a grand jury has never been applied to the states through the Fourteenth Amendment. Hurtado v. California, 110 U.S. 516 (1884). Moreover, most states do not require?either through their state constitutions or by statute?the use of a grand jury for felony cases.

Louisiana, 391 U.S. 145, 149 (1968) (noting the Article III provision but grounding the analysis of whether the jury trial right applies in state court in the Sixth and Fourteenth Amendments; we hold that the Fourteenth Amendment guarantees a right of jury trial in all criminal cases which?were they to be tried in a ...

Examples of probable cause include seeing something in plain view, like a gun or drugs, smelling marijuana or alcohol in your vehicle, or observing your bloodshot eyes or an odor of alcohol. Consent means the officer asks if he/she can search your vehicle and you respond that they can.

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

Passed by the Senate on June 8, 1866, and ratified two years later, on July 9, 1868, the Fourteenth Amendment granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provided all citizens with ?equal protection under the laws,? extending the provisions of ...

Reasonableness Requirement All searches and seizures under the Fourth Amendment must be reasonable and no excessive force shall be used. Reasonableness is the ultimate measure of the constitutionality of a search or seizure. Searches and seizures with the warrant must also satisfy the reasonableness requirement.

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.

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