Texas-Book-Gun Law Armed And Educated - Flipbook - Page 187
EXAMPLE:
Samantha is walking to her local polling place to cast her vote for
mayor. A woman who supports the other candidate starts screaming
at her, “You’re an idiot if you vote for that guy!” Samantha runs over
to the woman and punches the woman in the face.
In this instance, Samantha is not legally justified in her use of force
because the only thing happening was the other woman screaming
at her—a mere verbal provocation.
2. Force not legally justified to resist arrest or search
RESISTING ARREST OR SEARCH NOT JUSTIFIED
TEX. PENAL CODE § 9.31(b)(2)
The use of force against another is not justified to resist an
arrest or search that the actor knows is being made by a peace
officer, or by a person acting in a peace officer’s presence and
at his direction, even if the arrest or search is unlawful.
EXAMPLE:
Jeremy has been pulled over for speeding and is removed from
his vehicle by a uniformed police officer. While sitting on the curb,
the officer begins to search Jeremy’s vehicle without his consent
and without probable cause. Jeremy says, “Hey, what are you
doing?” and the officer responds, “Shut up, I do what I want!”
Feeling violated, Jeremy gets up and pulls the officer out of his car
and throws the officer to the ground.
Even though the officer’s behavior is unusual for a mere speeding
violation, and even though it appears Jeremy is being subjected
to an illegal search and seizure, his legally justifiable recourse is
176 | CHAPTER EIGHT
