Can a defendant be found guilty of resisting a search?

An essential element of a violation of section 69 is that the officer must be engaged in the performance of his or her duties. (People v. White (1980) 101 Cal.App.3d 161, 167.) Resisting a lawful search can be a violation of section 69. (See People v. Gutierrez (2002) 28 Cal.4th 1083, 1154.) If the officer uses excessive force in the performance of what otherwise would be the performance of a lawful duty, a defendant cannot be convicted of resisting. (White, supra, at p. 167.) When excessive force by an officer is used as the excuse for the defendant's resistance, the trial court has a sua sponte duty to explain the limitation of the defendant's duty not to resist. (Id. at p. 164.) This limitation is explained in CALCRIM No. 2670.⁶ In White, the appellate court reversed a conviction for misdemeanor resisting because the trial court failed to so instruct.