Washington Jury Instruction - 2.2.2 Fourth Amendment Claim Citizen Alleging Unlawful Arrest - Unlawful Search - Excessive Force
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FAQ
Defined: A limited search for weapons, generally of the outer clothing, but also of those areas which may be within the suspect's control and pose a danger to the officer / agent. 1. Many law enforcement. agencies teach officers to frisk via a ?pat down? of the suspect's outer clothing.
An excessive force claim often hinges on whether the amount of force used in the situation was necessary under the circumstances. This is a fact-specific inquiry that considers how a reasonable officer would have responded in the same situation, knowing the same information as the defendant.
For instance, a warrantless search may be lawful, if an officer has asked and is given consent to search; if the search is incident to a lawful arrest; if there is probable cause to search, and there is exigent circumstance calling for the warrantless search.
It could be issued by a state or federal judge. ing to the fourth amendment, the warrant requirement is that there must be probable cause before it can be issued.
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.
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.
The Fourth Amendment only protects against the government's searches and seizures. So, the Fourth Amendment does not govern surveillance and investigatory actions taken by strictly private persons, such as private investigators, suspicious spouses, or nosy neighbors.
The police may enter a house pursuant to the exigent circumstances exception if there is an objectively reasonable belief that entry is necessary to render aid to an injured person, or to prevent imminent injury to someone inside.