Nevada Jury Instruction - 2.2.2 Fourth Amendment Claim Citizen Alleging Unlawful Arrest - Unlawful Search - Excessive Force
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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.
It also outlines the baseline constitutional standards for the use of force established by the Fourth Amendment, including that an officer's use of force be ?objectively reasonable.?1 Under this standard, an officer may only use force that a reasonable officer would when facing similar circumstances.
Hernandez, 81 M.J. 432 (the Fourth Amendment guarantees servicemembers' right to be secure in their persons, houses, papers, and effects; it protects against unreasonable searches and seizures and requires warrants to be issued only if based upon probable cause; the Fourth Amendment's protections apply when a person ...
?The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things ...
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.
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.
Nevada Pattern Jury Instruction 10.09 tells a jury how to award damages in a case of diminished value. The court instructs the jury that if repairs don't fully restore the value of the damaged property, the jury should award the victim the difference between fair market value and the value post repair.