West Virginia Jury Instruction - 2.2.2 Fourth Amendment Claim Citizen Alleging Unlawful Arrest - Unlawful Search - Excessive Force
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FAQ
Under the Fourth Amendment , anyone in the United States, citizen or not, has the constitutional right to be free from excessive force by police officers, sheriff's deputies, highway patrol officers, federal agents, and other law enforcement officials.
Generally, a search or seizure is illegal under the Fourth Amendment if it happens without consent, a warrant, or probable cause to believe a crime has been committed.
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.
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.
Other well-established exceptions to the warrant requirement include consensual searches, certain brief investigatory stops, searches incident to a valid arrest, and seizures of items in plain view. There is no general exception to the Fourth Amendment warrant requirement in national security cases.
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.
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.