9th Cir. Model Jury Instr. (Civil) 9.17

In general, a search of a [person] [residence] [vehicle] [property] is unreasonable under the Fourth Amendment if the search is not conducted pursuant to 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:

(1) all of the circumstances known to the officer[s] at the time of the entry or the search would cause a reasonable person to believe that the entry or the search of the [person] [residence] [vehicle] [property] was necessary to prevent [destruction of evidence] [escape of a suspect] [physical harm to the officers or other persons] or [some other consequence improperly frustrating legitimate law enforcement efforts];

(2) at the time the officer made the entry or the search, the officer had probable cause to believe that a crime had been or was being committed; and

(3) there was insufficient time to get a search warrant.

“Probable cause” exists when, under all of the circumstances known to the officer[s] at

the time, an objectively reasonable police officer would conclude there is a fair probability that

the plaintiff has committed or was committing a crime.

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.