SERIES 2600 CRIMES AGAINST GOVERNMENT
F 2671 Lawful Performance: Custodial Officer
table of contents
F 2671 NOTES
F 2671 Note 1 Battery On Custodial Officer: Erroneous Language
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F 2671 NOTES
F 2671 Note 1 Battery On Custodial Officer: Erroneous Language
Read literally, CALCRIM 2671 authorizes a custodial officer to use reasonable force in four situations – “to restrain a person, to overcome resistance, to prevent escape, or in self-defense” – but erroneously limits to the first situation alone not only the prohibition against the defendant’s use of force or any weapon to resist reasonable force but also the authorization of the defendant’s use of reasonable force to defend against unreasonable or excessive force. (People v. Gutierrez (2009) 174 CA4th 515.)