Can a charge of violating section 148, subdivision (a)(1) be found true if the officer was acting in violation of the Fourth Amendment?

A charge of violating of section 148, subdivision (a)(1), cannot be found true if the officer was acting in violation of the Fourth Amendment. The reason is that the officer must have been in the performance of his lawful duties at the time of the accused's action, and an officer is not in the performance of his lawful duties while acting in violation of the Fourth Amendment. (See People v. Gonzalez (1990) 51 Cal.3d 1179, 1217 ["an officer has no duty to take illegal action"].)