View Single Post
Old April 21, 2001, 04:48 PM   #61
LawDog
Staff Emeritus
 
Join Date: September 15, 1999
Location: Where am I going? Why am I in this handbasket?
Posts: 4,194
Quote:
Lawdog,

Unless it was your property, then you would have committed an illegal act. If I'm wrong on this please correct me.
Same part of the Texas Penal Code, relevant part highlighted:
Quote:

§ 9.41. Protection of One's Own Property
(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

§ 9.42. Deadly Force to Protect Property
A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

§ 9.43. Protection of Third Person's Property
A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection of the land or property;
(B) he has a legal duty to protect the third person's land or property; or

(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.[/i]
[/u]
So, I ask my question again: If a Law Enforcement Officer had shot a running 14 year-old boy in the back over six stolen chickens, would we still be cheering him on?

LawDog

__________________
"The Father wove the skein of your life a long time ago. Go and hide in a hole if you wish, but you won't live one instant longer."
--The 13th Warrior

Bona na Croin

The LawDog Files
LawDog is offline  
 
Page generated in 0.03639 seconds with 8 queries