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F 9.23 n1 Battery On Police Officer: Discharge Or Performance Of Duties (PC 243(b)(c)).
Research Notes
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 9.23 n2 Battery On Police Officer: Discharge Or Performance Of Duties (PC 243(b)(c)).
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 8.81.8a.) 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 8.81.8a.)
F 9.23a
Apparent Effort To Avoid Police Officer Does Not Alone Justify Detention
*Add to CJ 9.23 when appropriate:
See FORECITE F 16.108b.