US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Civil) 9.18
Particular Rights—Fourth Amendment—Unreasonable Search—Exception to Warrant Requirement—Emergency Aid
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, under all of the circumstances:
(1) the officer[s] had objectively reasonable grounds at the time of the entry or the search to believe that there was an emergency at hand and there was an immediate need to protect others or themselves from serious harm; and
(2) the search’s scope and manner were reasonable to meet the need.
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.
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
f7db951bc67173b91ea04a1a0c58e40b4b01c60e4f910063808acbda33c7de67
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