Arizona Jury Instruction - 2.2.2 Fourth Amendment Claim Citizen Alleging Unlawful Arrest - Unlawful Search - Excessive Force
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FAQ
Under the Fourth Amendment, a police officer may use only such force as is ?objectively reasonable? under all of the circumstances. You must judge the reasonableness of a particular use of force from the perspective of a reasonable officer on the scene and not with the 20/20 vision of hindsight.
A warrantless arrest may be justified where probable cause and urgent need are present prior to the arrest. Probable cause is present when the police officer has a reasonable belief in the guilt of the suspect based on the facts and information prior to the arrest.
The reasonableness clause, not the warrant clause, is the lodestar guiding all governmental conduct under the fourth amendment, as the reasonableness clause requires that even warranted searches to be executed in a reasonable manner.
The exigent circumstances exception to the Fourth Amendment warrant requirement allows the police to seize evidence if they reasonably fear it is in imminent destruction, alteration, or loss. The circumstances must be urgent. For example, an officer walking by a home hears someone scream and conducts a wellness check.
