3026. Affirmative Defense Exigent Circumstances

3026. Affirmative Defense--Exigent Circumstances Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that a search warrant was not required. To succeed, [name of defendant] must prove both of the following: 1. That a reasonable officer would have believed that, under the circumstances, there was not enough time to get a search warrant because entry or search was necessary to prevent [insert one of the following:] [physical harm to the officer or other persons;] [the destruction or concealment of evidence;] [the escape of a suspect;] and 2. That the search was reasonable under the circumstances. In deciding whether the search was reasonable, you should consider, among other factors, the following: (a) The extent of the particular intrusion; (b) The place in which the search was conducted; [and] (c) (d) The manner in which the search was conducted; [and] [insert other applicable factor]. ________________________________________________________________________________ New September 2003; Renumbered from CACI No. 3006 December 2012