3024. Affirmative Defense Search Incident to Lawful Arrest

3024. Affirmative Defense--Search Incident to Lawful Arrest Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that the search was reasonable and that a search warrant was not required. To succeed, [name of defendant] must prove all of the following: 1. 2. That the search was conducted as part of a lawful arrest of [name of plaintiff]; That [name of defendant] searched only [name of plaintiff] and the area within which [he/she] might have gained possession of a weapon or might have destroyed or hidden evidence; and That the search was reasonable under the circumstances. 3. 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. 3004 December 2012