Source: Houston Chronicle (TX)
Contact:  http://www.chron.com/
Pubdate: Wed, 22 Jul 1998

ARRESTING OFFICERS FOLLOWED RULES

I read the July 18 Viewpoints letters ("HPD's lethal Rambo-ism") and was
disturbed that some members of the public believe the rule about using
deadly force came from my play-book.

However, the Texas Penal Code provides that the use of force against
another is not justified to resist an arrest or search that the actor knows
is being made by a peace officer, or by a person acting in a peace
officer's presence and at his direction, even though the arrest or search
is unlawful, unless the resistance is justified under
Subsection (c).

Subsection (c) provides that the use of force to resist an arrest or search
is justified 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 when and to the degree the
actor reasonably believes the force is immediately necessary to protect
himself against the peace officer's (or other person's) use or attempted
use of greater force than necessary.

In the case of Pedro Oregon, [killed in a police raid at his home] (Page
one, July 17, "Cops may have had right to shoot; DA speaks about deadly
home raid"), I am unaware of any evidence suggesting that the persons in
the residence did not know the entry was gained by police officers.

Each of the officers conducting the arrest were dressed in Houston Police
Department blue uniforms.

The Legislature has provided criminal penalties for anyone who prevents or
obstructs a police officer from affecting an arrest or search, even if that
search was unlawful.

If the actor uses a deadly weapon to resist an arrest or search, it is a
felony of the third degree in accordance with the law.

John B. Holmes Jr., district attorney, Harris County

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Checked-by: (Joel W. Johnson)