Oklahoma Jury Instruction - 2.2.2 Fourth Amendment Claim Citizen Alleging Unlawful Arrest - Unlawful Search - Excessive Force
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FAQ
The Fourth Amendment to the United States Constitution prohibits the use of excessive force in the course of an arrest, investigatory stop, or other seizure. Excessive force by a law enforcement officer is force that is objectively unreasonable under the circumstances.
?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.
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 ...
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.