South Carolina Jury Instruction - 2.2.2 Fourth Amendment Claim Citizen Alleging Unlawful Arrest - Unlawful Search - Excessive Force
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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 ...
For example, consider the following scenarios: An officer arrests someone even though the officer does not have probable cause. The arrest violates the arrestee's individual rights. The court will exclude from the arrestee's criminal case any evidence obtained through the unlawful arrest, such as a confession.
A traffic stop of a vehicle and detention of its occupants is a seizure for Fourth Amendment purposes. A routine traffic stop is justified if the police officer has a reasonable suspicion that the occupant is unlicensed or the vehicle is unregistered.
The Fourth Amendment prohibits the United States government from conducting ?unreasonable searches and seizures." In general, this means police cannot search a person or their property without a warrant or probable cause. It also applies to arrests and the collection of evidence.
Stop and Frisk If an officer reasonably suspects that criminal activity is being or will be committed in public, the Fourth Amendment allows them to stop the person. The officer can then perform a limited search of the suspect's clothing. Such a search is known as a stop and frisk or a Terry Stop.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
In order to establish that [defendant] used excessive force, [plaintiff] must prove both of the following by a preponderance of the evidence: First: [Defendant] intentionally committed certain acts. Second: Those acts violated [plaintiff]'s Fourth Amendment right not to be subjected to excessive force.
Core Criminal Law Subjects: Evidence: Search and Seizure. United States v. Shields, 83 M.J. 226 (the Fourth Amendment protects against unreasonable searches and seizures; these constitutional protections fully apply to cell phone searches).
