VF 3013. Unreasonable Search Without Warrant Affirmative Defense Search Incident To Lawful Arrest

VF-3013. Unreasonable Search--Search Without a Warrant--Affirmative Defense--Search Incident to Lawful Arrest (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 We answer the questions submitted to us as follows: 1. Did [name of defendant] search [name of plaintiff]'s [person/home/automobile/office/[insert other]] without a warrant? ____ Yes ____ No If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 2. Was [name of defendant] acting or purporting to act in the performance of [his/her] official duties? ____ Yes ____ No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 3. Was the search conducted as part of a lawful arrest of [name of plaintiff]? ____ Yes ____ No If your answer to question 3 is yes, then answer question 4. If you answered no, skip questions 4 and 5 and answer question 6. 4. Did [name of defendant] search only [name of plaintiff] and the area within which [name of plaintiff] might have gained possession of a VF-3013. Unreasonable Search--Search Without a Warrant--Affirmative Defense--Search Incident to Lawful Arrest (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 weapon or might have destroyed or hidden evidence? ____ Yes ____ No If your answer to question 4 is yes, then answer question 5. If you answered no, skip question 5 and answer question 6. 5. Was the search reasonable under the circumstances? ____ Yes ____ No If your answer to question 5 is no, then answer question 6. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form. 6. Was [name of defendant]'s search a substantial factor in causing harm to [name of plaintiff]? ____ Yes ____ No If your answer to question 6 is yes, then answer question 7. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 7. What are [name of plaintiff]'s damages? [a. Past economic loss VF-3013. Unreasonable Search--Search Without a Warrant--Affirmative Defense--Search Incident to Lawful Arrest (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [lost earnings [lost profits [medical expenses [other past economic loss Total Past Economic Damages: [b. Future economic loss [lost earnings [lost profits [medical expenses [other future economic loss $ $ $ $ $ ] ] ] ] ] $ $ $ $ ] ] ] ] ] ] ] Total Future Economic Damages: $ [c. Past noneconomic loss, including [physical pain/mental suffering:] $ $ [d. Future noneconomic loss, including [physical pain/mental suffering:] VF-3013. Unreasonable Search--Search Without a Warrant--Affirmative Defense--Search Incident to Lawful Arrest (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 TOTAL Signed: Dated: $ Presiding Juror After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom. ____________________________________________________________________________ New September 2003; Revised April 2007, December 2010; Renumbered from CACI No. VF-3004; Revised December 2016