Texas-Book-Gun Law Armed And Educated - Flipbook - Page 189
2) that person must reasonably believe that resistance is
immediately necessary to protect himself or herself from the
officer’s use of greater force than necessary to make the arrest
or search.
PRACTICAL LEGAL TIP
The point of this section is to give fair warning: any time a person
uses force against a law enforcement officer, he or she should
be aware that the cards are stacked against him or her from the
beginning! Ultimately, the lack of available evidence may make
it so exceptionally difficult to claim this statuteʼs protections
legitimately that it loses its value except in rare instances.
The right to remain silent is a fundamental
Constitutional right, which is why it is
so disturbing that in 2010, the U.S.
Supreme Court held that you have to
say the magic words of “I invoke my right
to remain silent and to counsel” in order
to trigger it. Seemingly, by the Court’s
standard, if you don’t say the magic
words, police could interrogate you until
the end of time. —Edwin
3. Cannot claim self-defense and consent at the same time
NO JUSTIFICATION WHEN YOU CONSENT TO FORCE
TEX. PENAL CODE § 9.31(b)(3)
The use of force against another is not justified if the actor
consented to the exact force used or attempted by the other.
178 | CHAPTER EIGHT
