California, United States of America
The following excerpt is from People v. Lopez, A151000 (Cal. App. 2018):
Here, the instructions fully advised the jury on how and when an arrestee may use reasonable force to protect himself or herself. The trial court gave CALCRIM No. 2652, which requires that the peace officer be "lawfully" performing her duty. The court then gave CALCRIM No. 2670, further describing the requirement of lawful performance by a peace officer and the right to use reasonable force to resist an officer's unlawful use of force. As noted above, CALCRIM No. 2670 advised the jury, "If a peace officer uses unreasonable or excessive force while arresting or attempting to arrest . . ., that person may lawfully use reasonable force to defend himself or herself." (Italics added.) In other words, the instruction encompassed the "defense of use of reasonable force to resist excessive force" that specifically arises in the section 69 context. (See Olguin, supra, 119 Cal.App.3d at p. 47.) " 'The right to resist excessive force used to make an arrest is an application of the law of self-defense.' " (People v. Adams (2009) 176 Cal.App.4th 946, 953; see People v. Curtis (1969) 70 Cal.2d 347, 356.)
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