What is the test for using reasonable force against a police officer?

California, United States of America


The following excerpt is from People v. Hood, B266771 (Cal. App. 2016):

Defendant argues that the trial court erred by not also giving the following, optional language from the CALCRIM No. 2670 instruction: "If a peace officer uses unreasonable or excessive force while [arresting or detaining] a person, that person may lawfully use reasonable force to defend himself or herself. [] A person being arrested uses reasonable force when he or she: (1) uses that degree of force that he or she actually believes is reasonably necessary to protect himself or herself from the officer's use of unreasonable or excessive force; and (2) uses no more force than a reasonable person in the same situation would believe is necessary for his or her protection." (CALCRIM No. 2670.) We review de novo defendant's challenge to the jury instructions. (People v. Jimenez (2016) 246 Cal.App.4th 726, 731.)

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