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.
Wisconsin Complaint For Strip Search - 4th and 14th Amendment, US Constitution - Jury Trial Demand
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US-000282
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FAQ
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.
A Terry Stop is considered a seizure under the Fourth Amendment and should only happen when the officer has reasonable suspicion and/or the occupant(s) has attempted to flee the officer. In order for police to conduct a search under the Terry Rule, the person stopped must be a valid suspect.
It is not a crime in Wisconsin to refuse to identify yourself to a police officer, unless you are being detained or arrested, but refusing might make the police suspicious about you.
As the passenger, you are under no suspicion of wrongdoing, and as such do not need to answer any line of questions, provide any identification on request or demand, or provide proof of legal immigration status. The police are not able to arrest you for simply refusing to identify yourself.
Persons who are lawfully in public spaces or locations where they have a legal right to be present (such as their home, place of business, or the common areas of public and private facilities and buildings) have a First Amendment right to record things in plain sight or hearing, to include police activity.
This section permits an officer to search the passenger compartment of a vehicle for weapons if an individual who recently occupied the vehicle is stopped under s. 968.24 and the officer reasonably suspects that the officer or another is in danger of physical injury. State v. Moretto, 144 Wis.
Whoever does the following shall incur a forfeiture as set forth in Section 2 Penalties: Knowingly allows, permits, or boards any minor child at his/her residence, property, or place of business where the person knows or should have known the child to be a runaway from his/her parent, guardian, or legal custodian.
Specifically, the Fourth Amendment of the U.S. Constitution ? as well as Article 1, Section 11 of the Wisconsin Constitution ? guarantees the right of individuals to be ?secure in their person, houses, papers and effects against unreasonable searches and seizures.? The main purpose of this particular constitutional ...