California, United States of America
The following excerpt is from People v. Forbes, A152403 (Cal. App. 2019):
7. The decisions cited in the Bench Notes to CALCRIM No. 2655 are not to the contrary. They address a problem arising from a prior set of standard instructions that did not state the principles quoted in the text above. In People v. White, supra, 101 Cal.App.3d 161, the trial court failed to instruct that an officer is not lawfully performing the officer's duty if the officer uses excessive force in making an arrest. (Id. at p. 166 & fn. 2.) In this case, the jury was told precisely that. The decision in People v. Olguin, supra, 119 Cal.App.3d 39, involved the same subsequently remedied gap in the standard instructions. (Id. at p. 44.)
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