3023. Unreasonable Search--Search Without a Warrant--Essential Factual Elements (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] carried out an unreasonable search of [his/her] [person/home/automobile/office/[insert other]] because [he/she] did not have a warrant. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. 5. That [name of defendant] searched [name of plaintiff]'s [person/home/automobile/office/[insert other]]; That [name of defendant] did not have a warrant; That [name of defendant] was acting or purporting to act in the performance of [his/her] official duties; That [name of plaintiff] was harmed; and That [name of defendant]'s search was a substantial factor in causing [name of plaintiff]'s harm. ________________________________________________________________________________ New September 2003; Renumbered from CACI No. 3003 December 2012