9th Cir. Model Jury Instr. (Civil) 9.14

In general, a search of [a person] [a person’s [residence] [property]] is unreasonable under the Fourth Amendment if the search is not authorized by a search warrant. [A “search warrant” is a written order signed by a judge that permits a law enforcement officer to search a particular person, place, or thing.] Under an exception to this rule, a search warrant is not required and a search is reasonable if the search is incident to a lawful arrest.

[I instruct you that the arrest of the plaintiff [name] was a lawful arrest.] [I instruct you that the arrest of the plaintiff [name] was a lawful arrest if [insert applicable legal standard; i.e., insert elements to show probable cause to arrest for a particular crime]].

A search is “incident to” a lawful arrest if:

(1) it occurs roughly contemporaneously with the arrest, that is, at the same time or shortly after the arrest and without any intervening events separating the search from the arrest; and

(2) it is limited to a reasonable search of the person arrested and to the immediate area within which that person might gain possession of a weapon or might destroy or hide evidence at the time of the search.

To prove the search in this case was unreasonable, the plaintiff [name] must prove by a preponderance of the evidence that this exception to the warrant requirement does not apply; that is, that the search was not incident to a lawful arrest.