7.12 Fourth Amendment: Excessive Detention (Less than 48 Hours)

• Category: Federal - Jury Instructions - 7th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-7THCIR-7-12
• Format: Word

Description

Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm 7.12 Fourth Amendment: Excessive Detention (Less than 48 Hours) is a term used to refer to any detention that is less than 48 hours, but is deemed excessive by the court. This type of detention can result from police officers detaining a person without a warrant, or when a person is detained beyond the scope of a valid warrant. The Fourth Amendment of the United States Constitution prohibits unreasonable searches and seizures and requires that any warrant issued must be supported by probable cause. When a court determines that a person has been detained excessively, the Fourth Amendment has been violated. There are two main types of 7.12 Fourth Amendment: Excessive Detention (Less than 48 Hours). These include: 1. Pre-Trial Detention: Pre-trial detention occurs when a person is taken into custody and held for more than 48 hours without a warrant. This detention can be challenged if it is deemed to be excessive and unreasonable. 2. Post-Trial Detention: Post-trial detention occurs when a person is held in custody for longer than 48 hours after a conviction or verdict has been rendered in a criminal case. This detention can be challenged if it is deemed to be excessive and unreasonable.

7.12 Fourth Amendment: Excessive Detention (Less than 48 Hours) is a term used to refer to any detention that is less than 48 hours, but is deemed excessive by the court. This type of detention can result from police officers detaining a person without a warrant, or when a person is detained beyond the scope of a valid warrant. The Fourth Amendment of the United States Constitution prohibits unreasonable searches and seizures and requires that any warrant issued must be supported by probable cause. When a court determines that a person has been detained excessively, the Fourth Amendment has been violated. There are two main types of 7.12 Fourth Amendment: Excessive Detention (Less than 48 Hours). These include: 1. Pre-Trial Detention: Pre-trial detention occurs when a person is taken into custody and held for more than 48 hours without a warrant. This detention can be challenged if it is deemed to be excessive and unreasonable. 2. Post-Trial Detention: Post-trial detention occurs when a person is held in custody for longer than 48 hours after a conviction or verdict has been rendered in a criminal case. This detention can be challenged if it is deemed to be excessive and unreasonable.