3027. Affirmative Defense Emergency

3027. Affirmative Defense--Emergency Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that a search warrant was not required. To succeed on this defense, [name of defendant] must prove that a peace officer, under the circumstances, would have reasonably believed that violence was imminent and that there was an immediate need to protect [[himself/herself]/ [or] another person] from serious harm. ________________________________________________________________________________ New December 2013