Los Angeles California Jury Instruction — 2.2.2 Fourth Amendment Claim Citizen Alleging Unlawful Arrest — UnlawfuSearchrc— - Excessive Force is a legal instruction provided to jurors in a court case involving allegations of violations of an individual's Fourth Amendment rights. This instruction specifically pertains to a citizen who asserts claims of unlawful arrest, unlawful search, and excessive force against law enforcement officials in Los Angeles, California. The purpose of this jury instruction is to educate jurors on the legal standards and principles related to the Fourth Amendment and guide them in evaluating the evidence presented in the case. It aims to ensure that the jury has a thorough understanding of the issues at hand in order to make an informed decision. Key topics covered within this instruction include: 1. Unlawful Arrest: This instruction instructs the jury on the legal standards for determining whether the arresting officer had probable cause or reasonable suspicion to make the arrest. It provides guidance on evaluating the circumstances leading up to the arrest, including the officer's observations, information available, and actions taken. 2. Unlawful Search: In cases involving allegations of unlawful search, this instruction outlines the elements necessary to establish a violation of the Fourth Amendment. It covers the requirements of a valid search warrant, exceptions to the warrant requirement, and the standards for determining whether a search was conducted in a manner that infringes upon an individual's reasonable expectation of privacy. 3. Excessive Force: This portion of the instruction focuses on the standards for assessing whether the amount of force used by law enforcement officers during an arrest was reasonable or, conversely, excessive. It highlights factors such as the severity of the alleged crime, the level of threat posed, and the availability of alternative tactics. 4. Types of Claims: While the specific types of instructions may vary based on the case and allegations presented, examples of potential variations could include instructions related to specific factual scenarios, like claims involving police misconduct during a traffic stop, a house search, or a protest situation. It is crucial for jurors to carefully evaluate all the evidence, weigh the credibility of witnesses, and apply the law as provided in this instruction to determine whether the citizen's claims of unlawful arrest, unlawful search, or excessive force have been substantiated. By doing so, the jury plays a critical role in upholding the principles of justice and safeguarding the constitutional rights of individuals.
Los Angeles California Jury Instruction - 2.2.2 Fourth Amendment Claim Citizen Alleging Unlawful Arrest - Unlawful Search - Excessive Force
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The Fourth Amendment only protects against searches and seizures conducted by the government or pursuant to governmental direction. Surveillance and investigatory actions taken by strictly private persons, such as private investigators, suspicious spouses, or nosey neighbors, aren't governed by the Fourth Amendment.
In Mapp v. Ohio (1961), the Supreme Court ruled that the Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment.
In general, a seizure of a person is unreasonable under the Fourth Amendment if a police officer uses excessive force in making a lawful arrest and or in defending himself herself others and or in attempting to stop a fleeing or escaping suspect.
It protects against arbitrary arrests, and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and to privacy law.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
Other well-established exceptions to the warrant requirement include consensual searches, certain brief investigatory stops, searches incident to a valid arrest, and seizures of items in plain view. There is no general exception to the Fourth Amendment warrant requirement in national security cases.
The Fourth Amendment prohibits the United States government from conducting unreasonable searches and seizures." In general, this means police cannot search a person or their property without a warrant or probable cause. It also applies to arrests and the collection of evidence.
The Fourth Amendment applies to a search only if a person has a "legitimate expectation of privacy" in the place or thing searched. If not, the amendment offers no protection because there are, by definition, no privacy issues.
Other well-established exceptions to the warrant requirement include consensual searches, certain brief investigatory stops, searches incident to a valid arrest, and seizures of items in plain view.
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Harvey, No. 07-835 In the first case to be tried under the new policy, Harvey argued that the First Amendment's free speech guarantee protects the right to use public property for political speech. Harvey and the City were charged with a class C misdemeanor for failure to obey a police officer's order to leave two blocks of a Portland park. The City argued that the First Amendment protects political speech and that Harvey did not have the right to hold political meetings on the City-owned property. But according to the Portland court, Harvey demonstrated First Amendment protection merely by holding his meeting. The court also found that the defendant was entitled to use the city-owned park, and that Harvey had a right to do so under Portland's public use policy. The court rejected Harvey's constitutional argument, finding “that [the First and Fourteenth Amendments] do not impose any requirements of civility or respect for the authority of others.” This was a major development.
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