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BrassMonkey

So if you are at a loudparty, is it possible to have peace to breach? Hrmmm....

BrassMonkey

As I read it, the guy was stopped at a convinience store How would he have caused death or serious bodily injury? He told him to stop driving, he wasn't driving at that point. This is why citizen's arrest is the worst idea there is, AND why there is no such thing in most states. Again, this stuff goes back to the wild west.

And good call Seamus but I still don't think the part bauerdj shaded red applies here since he was nto acting at the direction of a peace officer.

seamusTX wrote:This law contains a bunch of ands and ors.

Clearly the use of deadly force is justified in making an arrest for a felony or breach of the peace committed in plain view.

The part bauerdj shaded red could be read to justify the use of deadly force to prevent escape if the offender committed a felony or breach of the peace in plain view, and his escape could lead to death or injury.

Otherwise a non-LEO citizen could arrest any unruly drunk, although DWI and public intoxication are generally misdemeanors.

I think if the legislature intended that, the part about causing death or serious bodily injury would have been inserted into the clause (a).
(a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense
against the public peace, or 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.
My brain hurts.

- Jim

BrassMonkey

The core requirememtn was not met here. There was no peace officer present and no peace officer to give him direction. 1 and 2 as quoted below are additional requirements to the core requirement of a cop being present and directing a civilian to do something.

bauerdj wrote:Quote:
PC Â§9.51. ARREST AND SEARCH
(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

If he was driving drunk one could make an argument that the requiremnet in para 2 was met.

Dave B.

BrassMonkey

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