Deadly Force (Definition)
[09.01]
(3) force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of
... [Show More] causing, death or serious bodily injury
Force (Definition)
Power dynamically considered, that is, in motion or in action; constraining power, compulsion; strength directed to an end (according to Black's Law Dictionary).
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Reasonable Force (Definition)
The level of power that is necessary used against another person that is appropriate to protect yourself, family members or property (according to Black's Law Dictionary).
JUSTIFICATION AS A DEFENSE
[09.02]
It is a defense to prosecution that the conduct in question is justified under this chapter.
CONFINEMENT AS JUSTIFIABLE FORCE
[09.03]
Confinement is justified when force is justified by this chapter if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been arrested for an offense.
THREATS AS JUSTIFIABLE FORCE
[09.04]
The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.
RECKLESS INJURY OF INNOCENT THIRD PERSON
[09.05]
Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.
CIVIL REMEDIES UNAFFECTED
[09.06]
The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.
ARREST AND SEARCH (a)
[09.51]
(a) A peace officer, or a person acting in a peace officer's presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest, if:
(1) the actor reasonably believes the arrest or search is lawful or, if the arrest or search is made under a warrant, he reasonably believes the warrant is valid; and
(2) before using force, the actor manifests his purpose to arrest or search and identifies himself as a peace officer or as one acting at a peace officer's direction, unless he reasonably believes his purpose and identity are already known by or cannot reasonably be made known to the person to be arrested.
ARREST AND SEARCH (b)
[09.51]
(b) A person other than a peace officer (or one acting at his direction) is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making a lawful arrest, or to prevent or assist in preventing escape after lawful arrest if, before using force, the actor manifests his purpose to and the reason for the arrest or reasonably believes his purpose and the reason are already known by or cannot reasonably be made known to the person to be arrested.
ARREST AND SEARCH (c)
[09.51]
(c) A peace officer is justified in using deadly force against another when and to the degree the peace officer reasonably believes the deadly force is immediately necessary to make an arrest, or to prevent escape after arrest, if the use of force would have been justified under Subsection (a) and:
(1) the actor reasonably believes the conduct for which arrest is authorized included the use or attempted use of deadly force; or
(2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to the actor or another if the arrest is delayed.
ARREST AND SEARCH (d)
[09.51]
(d) A person other than a peace officer acting in a peace officer's presence and at his direction is justified in using deadly force against another when and to the degree the person reasonably believes the deadly force is immediately necessary to make a lawful arrest, or to prevent escape after a lawful arrest, if the use of force would have been justified under Subsection (b) and:
(1) the actor reasonably believes the felony or offense against the public peace for which arrest is authorized included the use or attempted use of deadly force; or
(2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to another if the arrest is delayed.
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ARREST AND SEARCH (e)
[09.51]
(e) There is no duty to retreat before using deadly force justified by Subsection (c) or (d).
ARREST AND SEARCH (f)
[09.51]
(f) Nothing in this section relating to the actor's manifestation of purpose or identity shall be construed as conflicting with any other law relating to the issuance, service, and execution of an arrest or search warrant either under the laws of this state or the United States.
ARREST AND SEARCH (g)
[09.51]
(g) Deadly force may only be used under the circumstances enumerated in Subsections (c) and (d).
Estate of Ceballos v Bridgewater, Porras & Mull
[5th Circuit Court of Appeals]
"...an officer cannot use deadly force without an immediate threat to himself or others."
Milstead v Kibler
[4th Circuit Court, 2001]
"...police officers performing a discretionary function enjoy an immunity that shields them from liability for civil damages unless (1) the officers' conduct violates a federal statutory or constitutional right, and (2) the right was clearly established at the time of the conduct, such that (3) an objectively reasonable officer would have understood that the conduct violated that right."
Factors that must be considered with regards to force options:
(1) The severity of the crime;
(2) Whether or not the suspect poses an immediate threat to officers or others;
(3) Whether or not the suspect is actively resisting arrest or attempting to evade arrest by flight. [Show Less]