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.