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SERIES 500 HOMICIDE

F 524 NOTES

TABLE OF CONTENTS
F 524 Note 1 Second Degree Murder: Peace Officer—CALCRIM Cross References And Research Notes
F 524 Note 2 Discharge Or Performance Of Duties: Proper Service Of Warrant As Factual Issue
F 524 Note 3 Excessive Force And Deadly Force

Return to Series 500 Table of Contents.


F 524 Note 1 Second Degree Murder: Peace Officer—CALCRIM Cross-References And Research Notes

CALCRIM Cross-References:

CALCRIM 2655 [Causing Death or Serious Bodily Injury While Resisting Peace Officer]
CALCRIM 2670 [Lawful Performance: Peace Officer]

Research Notes:

See CLARAWEB Forum, Homicide—Series 500-700.

See, Annotation, Modern status of rules as to right to forcefully resist illegal arrest, 44 ALR3d 1078 and Later Case Service; see also Annotation, Right to resist excessive force used in accomplishing lawful arrest, 77 ALR3d 281 and Later Case Service.


F 524 Note 2 Discharge Or Performance Of Duties: Proper Service Of Warrant As Factual Issue

The proper service of a warrant is a factual issue for the jury under the “engaged-in-duty” requirement. (See FORECITE F 724.2 Inst 8.) Additionally, contrary to the CALJIC comment to CJ 9.23, the regularity or facial validity of the warrant is also a factual issue for the jury. (See note to FORECITE F 724.2 Inst 8.)

CALJIC NOTE: See FORECITE F 9.23 n2.


F 524 Note 3 Excessive Force And Deadly Force

(See FORECITE F 9.80 n5.)

CALJIC NOTE: See FORECITE F 9.26 n2.

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