Montana Jury Instruction - 2.2.2 Fourth Amendment Claim Citizen Alleging Unlawful Arrest - Unlawful Search - Excessive Force
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FAQ
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.
Excessive force violates the Fourth Amendment of the U.S. Constitution, which forbids unreasonable searches and seizures by law enforcement. Victims of excessive force by police can pursue a Section 1983 claim against the officer and potentially their employer. Section 1983 is a federal law (42 U.S.C.
Reasonableness Requirement Even if the police have a warrant, their search must still be reasonable. Although the facts of the case dealt with a warrantless seizure, the court in Brinegar v. United States reiterated that the presence of a warrant does not give the police the power to conduct an unreasonable search.
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.
