CACI No. 3022

Factual Elements (42 U.S.C. § 1983)

[Name of plaintiff] claims that [name of defendant] carried out an

unreasonable search of [his/her/ nonbinary pronoun]

[person/home/automobile/office/[insert other]]. To establish this claim,

[name of plaintiff] must prove the following:

1. That [name of defendant] searched [name of plaintiff]’s [person/

home/automobile/office/[insert other]];

2. That [name of defendant]’s search was unreasonable;

3. That [name of defendant] was acting or purporting to act in the

performance of [his/her/ nonbinary pronoun] official duties;

4. That [name of plaintiff] was harmed; and

5. 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]

(e) [Insert other applicable factor].

New September 2003; Renumbered from CACI No. 3002 December 2012; Revised

November 2017