3022. Unreasonable Search Search With Warrant Essential Factual Elements

3022. Unreasonable Search--Search With a Warrant-- Essential Factual Elements (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] carried out an unreasonable search of [his/her] [person/home/automobile/office/[insert other]]. To establish this claim, [name of plaintiff] must prove the following: 1. 2. 3. 4. 5. That [name of defendant] searched [name of plaintiff]'s [person/home/automobile/office/[insert other]]; That [name of defendant]'s search was unreasonable; That [name of defendant] was acting or purporting to act in the performance of [his/her] official duties; That [name of plaintiff] was harmed; and That [name of defendant]'s unreasonable search was a substantial factor in causing [name of plaintiff]'s harm. In deciding whether the search was unreasonable, you should consider, among other factors, the following: (a) The scope of the warrant; (b) The extent of the particular intrusion; (c) The place in which the search was conducted; [and] (d) The manner in which the search was conducted; [and] 3022. Unreasonable Search--Search With a Warrant-- Essential Factual Elements (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 (e) [Insert other applicable factor]. _______________________________________________________________________________ New September 2003; Renumbered from CACI No. 3002 December 2012; Revised November 2017