In what circumstances will a jury consider whether a police officer was engaged in the performance of his duties when he arrested a person in his own home?

California, United States of America


The following excerpt is from People v. Lara, 30 Cal.App.4th 658, 35 Cal.Rptr.2d 886 (Cal. App. 1994):

In People v. Wilkins, supra, 14 Cal.App.4th 761, 17 Cal.Rptr.2d 743, an officer arrested the defendant inside his home without a warrant. In instructing the jury on whether the officer was "engaged in the performance of his duties," the trial court explained only the need for probable cause to make an arrest. On appeal, the court concluded that the trial court should also have instructed the jury that an arrest inside a home without a warrant required exigent circumstances. The failure to do so removed part of the engaged-in-etc. element from the jury's consideration. (Id. at pp. 776-779, 17 Cal.Rptr.2d 743.) However, the court went on to find the error harmless under Chapman. (Id. at p. 779, 17 Cal.Rptr.2d 743.)

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