WPI 342.08 Unlawful Arrest/Seizure of Person—Fourth Amendment—Exception to Warrant Requirement—...
6A WAPRAC WPI 342.08Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 342.08 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XVII. Civil Rights
Chapter 342. Civil Rights—Fourth Amendment—Unreasonable Search and Seizure
WPI 342.08 Unlawful Arrest/Seizure of Person—Fourth Amendment—Exception to Warrant Requirement—Probable Cause to Believe Crime Committed
The [arrest] [or] [seizure] of a person is lawful, and a warrant is not required, only if all of the circumstances known to the officer at the time would cause a reasonable person to believe that a crime [was being] [had been] committed and that the [plaintiff] committed that crime.
NOTE ON USE
Use this instruction for a claim of an unlawful arrest/seizure under the Fourth Amendment that involves issues of probable cause to arrest for a crime in progress or a crime that just happened.
Use this instruction with WPI 342.09 (Unlawful Arrest/Seizure of Person—Probable Cause for Arrest/Seizure), WPI 340.01 (Claims Instruction for Section 1983 Cases), WPI 340.02 (Civil Rights—Individual Defendant—Burden of Proof on the Issues), WPI 340.03 (Civil Rights—“Under Color of Law”—Definition), WPI 340.04 (Civil Rights—“Subjects” and “Causes to be Subjected”—Definition), and WPI 342.02 (Definition of “Seizure” of a Person—Fourth Amendment), as applicable. Use the bracketed language as applicable.
COMMENT
The instruction and this Comment are modified from a pattern instruction used by the Ninth Circuit. See 9th Cir. Civ. Jury Instr. 9.23 (2007). This instruction is supported by state and federal precedent. See Devenpeck v. Alford, 543 U.S. 146, 152–53, 125 S.Ct. 588, 160 L.Ed.2d 537 (2004); Atwater v. City of Lago Vista, 532 U.S. 318, 354, 121 S.Ct. 1536, 149 L.Ed.2d 549 (2001); Beck v. Ohio, 379 U.S. 89, 97, 85 S.Ct. 223, 13 L.Ed.2d 142 (1964); State v. Pulfrey, 154 Wn.2d 517, 111 P.3d 1162 (2005); State v. Reding, 119 Wn.2d 685, 691–96, 835 P.2d 1019 (1992). See also the Comment to WPIC 120.07 (Lawful Arrest—Definition).
[Current as of September 2018.]
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