Return to CALJIC Part 9-12 – Contents
F 9.29 n1 Performance Of Duties: Proper Service Of Warrant As Factual Issue (PC 69, PC 148(b), PC 148(c), PC 148(d), PC 243(c), PC 243.1, PC 245(b), PC 245(c), PC 245.2, PC 245.3, PC 245.5, PC 417(c)).
The proper service of a warrant is a factual issue for the jury under the “engaged-in-duty” requirement. (See FORECITE F 8.81.8a.) Additionally, contrary to the CALJIC comment to CJ 9.29, the regularity or facial validity of the warrant is also a factual issue for the jury. (See note to FORECITE F 8.81.8a.)
F 9.29 n2 Improper To Refer To The Prosecution as “The People.”
Reference to the prosecution as “The People” may implicate the defendant’s state and federal constitutional rights to due process and fair trial by jury. (See FORECITE F 0.50d.) Any reference to “The People” should be changed to “The Prosecution.”
F 9.29a
Apparent Effort To Avoid Police Officer Does Not Alone Justify Detention
*Add to CJ 9.29 when appropriate:
See FORECITE F 16.108b.