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TCOLE Force Options questions and answers |100% correct

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TCOLE Force Options questions and answers |100% correct Deadly Force (Definition) [09.01] (3) force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury Force (Definition) Power dynamically con...

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  • April 13, 2023
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  • 2022/2023
  • Exam (elaborations)
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TCOLE Force Options questions and
answers |100% correct
Deadly Force (Definition)
[09.01] - answer (3) force that is intended or known by the actor to cause, or in the
manner of its use or intended use is capable of causing, death or serious bodily injury

Force (Definition) - answer Power dynamically considered, that is, in motion or in
action; constraining power, compulsion; strength directed to an end (according to
Black's Law Dictionary).

Reasonable Force (Definition) - answer The level of power that is necessary used
against another person that is appropriate to protect yourself, family members or
property (according to Black's Law Dictionary).

JUSTIFICATION AS A DEFENSE
[09.02] - answer It is a defense to prosecution that the conduct in question is justified
under this chapter.

CONFINEMENT AS JUSTIFIABLE FORCE
[09.03] - answer Confinement is justified when force is justified by this chapter if the
actor takes reasonable measures to terminate the confinement as soon as he knows he
safely can unless the person confined has been arrested for an offense.

THREATS AS JUSTIFIABLE FORCE
[09.04] - answer The threat of force is justified when the use of force is justified by
this chapter. For purposes of this section, a threat to cause death or serious bodily
injury by the production of a weapon or otherwise, as long as the actor's purpose is
limited to creating an apprehension that he will use deadly force if necessary, does not
constitute the use of deadly force.

RECKLESS INJURY OF INNOCENT THIRD PERSON
[09.05] - answer Even though an actor is justified under this chapter in threatening or
using force or deadly force against another, if in doing so he also recklessly injures or
kills an innocent third person, the justification afforded by this chapter is unavailable in a
prosecution for the reckless injury or killing of the innocent third person.

CIVIL REMEDIES UNAFFECTED
[09.06] - answer The fact that conduct is justified under this chapter does not abolish
or impair any remedy for the conduct that is available in a civil suit.

ARREST AND SEARCH (a)
[09.51] - answer (a) A peace officer, or a person acting in a peace officer's presence
and at his direction, is justified in using force against another when and to the degree

, the actor reasonably believes the force is immediately necessary to make or assist in
making an arrest or search, or to prevent or assist in preventing escape after arrest, if:

(1) the actor reasonably believes the arrest or search is lawful or, if the arrest or search
is made under a warrant, he reasonably believes the warrant is valid; and

(2) before using force, the actor manifests his purpose to arrest or search and identifies
himself as a peace officer or as one acting at a peace officer's direction, unless he
reasonably believes his purpose and identity are already known by or cannot
reasonably be made known to the person to be arrested.

ARREST AND SEARCH (b)
[09.51] - answer (b) A person other than a peace officer (or one acting at his
direction) is justified in using force against another when and to the degree the actor
reasonably believes the force is immediately necessary to make or assist in making a
lawful arrest, or to prevent or assist in preventing escape after lawful arrest if, before
using force, the actor manifests his purpose to and the reason for the arrest or
reasonably believes his purpose and the reason are already known by or cannot
reasonably be made known to the person to be arrested.

ARREST AND SEARCH (c)
[09.51] - answer (c) A peace officer is justified in using deadly force against another
when and to the degree the peace officer reasonably believes the deadly force is
immediately necessary to make an arrest, or to prevent escape after arrest, if the use of
force would have been justified under Subsection (a) and:

(1) the actor reasonably believes the conduct 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 the actor or another if the arrest is
delayed.

ARREST AND SEARCH (d)
[09.51] - answer (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.

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