All guides ยท Texas Peace Officer Prep

Use of force and deadly force

Summary of the topic

Chapter 9 of the Penal Code is a set of justifications, and each has its own conditions. Section 9.51 is the officer's own provision. It breaks into three questions: whether force may be used at all, whether the arrest or search was believed lawful with purpose and identity manifested, and, if deadly force is in issue, whether one of two alternative grounds applies. The word to watch is reasonably, because the test is what the actor reasonably believed was immediately necessary.

Section 9.51(a) justifies an officer's force to make or assist in making an arrest or search, or to prevent escape after arrest, when and to the degree the officer reasonably believes the force is immediately necessary. Two conditions attach. The officer must reasonably believe the arrest or search is lawful, or the warrant valid, and before using force must manifest the purpose to arrest or search and identify himself as a peace officer, unless he reasonably believes his purpose and identity are already known or cannot reasonably be made known.

Section 9.51(b) covers a person who is not a peace officer and is not acting at an officer's direction. That person's arrest must actually be lawful, and the person must manifest the purpose to arrest and the reason for it, or reasonably believe both are already known.

Section 9.51(c) allows an officer to use deadly force to make an arrest or prevent escape only where the force is already justified under subsection (a) and the officer also reasonably believes one of two things. Either the conduct for which arrest is authorized included the use or attempted use of deadly force, or there is a substantial risk that the person will cause death or serious bodily injury to the officer or another if the arrest is delayed. Section 9.51(g) allows deadly force only in the circumstances the section lists.

Section 9.01 defines deadly force as force intended or known by the actor to cause, or capable in the manner of its use of causing, death or serious bodily injury. Because the definition looks at intention and capability, force can be deadly force even when nobody is hurt. Under section 9.04, a threat of force is justified only where the use of that force would be justified, and a threat that is limited to creating an apprehension of deadly force, including by producing a weapon, does not count as the use of deadly force.

The general self-defense rules sit alongside section 9.51. Section 9.31 justifies force against the unlawful force of another and presumes the belief reasonable in defined situations, and section 9.31(b) lists situations where force is not justified, including resisting an arrest the actor knows is being made by a peace officer. Section 9.32 adds a second layer for deadly force in defense of a person, and an officer can rely on either route.

Provisions this topic covers

Study this topic

Four topics can be studied in full for free. Open the free topics or get access to all 44 topics for $19 a month.

Back to all guides