In what circumstances will the court allow an arrestee to maintain his right of self-defense against excessive force?

California, United States of America


The following excerpt is from People v. Colbert, 6 Cal.App.3d 79, 85 Cal.Rptr. 617 (Cal. App. 1970):

[6 Cal.App.3d 85] The court further anticipated People v. Curtis, Supra, 70 Cal.2d 347, 357, 74 Cal.Rptr. 713, 450 P.2d 33, in holding that an arrestee retains his right of self-defense against excessive force, but that the issue of whether a defendant had properly resorted to an exercise of that right was a question of fact. On this issue the court then, impliedly, found against defendant. There is ample evidentiary support in the record for this finding.

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