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by srothstein
Tue Apr 10, 2007 7:25 pm
Forum: LEO Contacts & Bloopers
Topic: Homeowner had 'a right to resist'
Replies: 58
Views: 11615

stevie_d_64 wrote:
txinvestigator wrote:(1) if, before the actor offers any resistance, the peace
officer (or person acting at his direction) uses or attempts to use
greater force than necessary to make the arrest or search; and
Who would (or could) this be??? (person acting at his direction)???
Believe it or not, in Texas, any peace can call for a posse if necessary.

Just so you are all aware of it, the Code of Criminal Procedure says:

Art. 2.14. MAY SUMMON AID. Whenever a peace
officer meets with resistance in discharging any duty imposed upon
him by law, he shall summon a sufficient number of citizens of his
county to overcome the resistance; and all persons summoned are
bound to obey.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.


Art. 2.15. PERSON REFUSING TO AID. The peace
officer who has summoned any person to assist him in performing any
duty shall report such person, if he refuse to obey, to the proper
district or county attorney, in order that he may be prosecuted for
the offense.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.

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