Texas-Book-Gun Law Armed And Educated - Flipbook - Page 231
Tex. Code Crim. Proc. Art. 14.01(a). This statute also closely
follows the authorization granted by the Texas Court of Criminal
Appeals in Miles v. State authorizing the warrantless arrest of a
person committing a “misdemeanor within the citizen’s presence
or view or if the evidence shows that the person’s conduct poses a
threat of continuing violence or harm to himself or the public.” See
Miles v. State, 241 S.W.3d 28, 42 (Tex. Crim. App. 2007).
C. When can a person use deadly force in assisting law
enforcement?
In order to be legally justified in using deadly force to help law
enforcement, a person must comply with the requirements of
Texas Penal Code Section 9.51(d).
JUSTIFIED USE OF DEADLY FORCE ASSISTING LAW ENFORCEMENT
TEX. PENAL CODE § 9.51(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
or assist in making a lawful arrest, or to prevent escape after
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 the 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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