Return to CALJIC Part 14-17 – Contents
F 16.110 n1 Performance Of Duties: Proper Service Of Warrant As Factual Issue (PC 69, PC 148a, PC 241(b) & PC 243(b)).
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 16.110, 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 16.110 n2 Duties of Officer: Applicable to PC 69 (PC 69, PC 148a, PC 241(b) & PC 243(b)).
CJ 16.110 should be modified to include the crime of resisting executive officers (PC 69). An essential statutory element of the offense of resisting executive officers is that the officer be engaged in the performance of his or her “duty” or “duties.” Hence, CJ 16.110 and CJ 16.111 regarding the officer’s duties are applicable to PC 69. (See People v. Sewell UNPUBLISHED (C009835).) [A copy of the Sewell opinion is available to FORECITE subscribers. Ask for Opinion Bank # O-112.]
F 16.110 n3 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.”