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txinvestigator wrote:

cyphur wrote:Would it be safe to say, that using these arrest powers when deadly force is also authorized(to include defense of a third person) would keep us in the clear? IE homicide, rape, aggravated assault, molestation, and any others that I missed that are stated in the code.

They are all felonies. However, if somone is using or about to use unlawful deadly force against me, I am not going to try to arrest.

I guess if you really look at it, Deadly Force is the ultimate restraint.

I agree - I included homicide in there for defense of third person.

Would it be safe to say, that using these arrest powers when deadly force is also authorized(to include defense of a third person) would keep us in the clear? IE homicide, rape, aggravated assault, molestation, and any others that I missed that are stated in the code.

Is there a definition as to what qualifies as an offense against the public peace?

txinvestigator wrote:I would arrest the guy. He committed a felony in my presence. Chapter 9 allows force to be used to effect an arrest also.

I'd much rather effect a citizens arrest than shoot the BG. Less liability on your behalf, as I see it. Now resisting that arrest with force, well, I don't like being shot at.

Here's the applicable code as I see it:

PC §9.33. DEFENSE OF THIRD PERSON. A person is justified in
using force or deadly force against another to protect a third person if:
(1) under the circumstances as the actor reasonably believes
them to be, the actor would be justified under Section 9.31 or 9.32 in
using force or deadly force to protect himself against the unlawful force
or unlawful deadly force he reasonably believes to be threatening the
third person he seeks to protect; and
(2) the actor reasonably believes that his intervention is immediately
necessary to protect the third person.


I'd say it would be justifiable. But are you willing to take the walk down the Grand Jury for a complete stranger? And possibly get sued? Those are the real questions. While I would like to think I would, my responsibility to my family comes before those to a third person.

Would I help them? Absolutely. Pull my gun? Not if I could help it.