How have courts interpreted the phrase "engaged in the course of the performance of his or her duties" in a peace officer-murder case?
California, United States of America
The following excerpt is from People v. Mayfield, 14 Cal.4th 668, 60 Cal.Rptr.2d 1, 928 P.2d 485 (Cal. 1997):
As used in the peace-officer-murder special circumstance, the phrase "engaged in the course of the performance of his or her duties" means that the officer must have been acting lawfully at the time. (People v. Gonzalez (1990) 51 Cal.3d 1179, 1217, 275 Cal.Rptr. 729, 800 P.2d 1159.)
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