Key Vocabulary
The minimum amount of lawful force reasonably sufficient to accomplish a legitimate objective.
What is reasonable (or necessary) force?
Under Texas law, physical force is never justified in response to this action alone.
What is verbal provocation?
Landmark 1989 Supreme Court case establishing the Fourth Amendment "objective reasonableness" standard.
What is Graham v. Connor?
The lowest level of control on the continuum, relying on uniforms, posture, and visibility.
What is officer presence?
Clue: Texas Penal Code § 9.61 allows parents or guardians to use reasonable non-deadly force on children under this age.
What is 18?
The standard from Graham v. Connor requiring courts to judge force from the perspective of an officer on the scene.
What is objective reasonableness?
Under Texas Penal Code § 9.31(e), a lawfully present person who did not provoke a threat has no duty to do this before using force.
What is retreat?
Landmark 1985 Supreme Court case prohibiting deadly force against an unarmed, nondangerous fleeing suspect.
What is Tennessee v. Garner?
Continuum level involving calm communication, clear instructions, and requests for voluntary compliance.
What are verbal commands?
Texas law uniquely permits deadly force to protect property against theft or criminal mischief during this specific timeframe.
What is nighttime?
Physical actions intended to prevent an officer from completing a lawful objective.
What is active resistance?
Under Texas § 9.31(c), a citizen may resist an arrest only if the officer uses this first before any citizen resistance.
What is excessive (or greater than necessary) force?
The responsibility of an officer to step in and stop another officer from using unlawful or excessive force.
What is the duty to intervene?
Empty-hand techniques like escort holds, wrist locks, and joint control fall under this strategy category.
What are weaponless strategies?
Permissible property protection items include locks, alarms, and fences, provided they are not designed to cause this.
What is death or serious bodily injury?
Legal term meaning "acting in the place of a parent" with legal authority or consent.
What is in loco parentis?
Legal doctrine providing a legal presumption of reasonableness when using deadly force against an intruder in an occupied home or vehicle.
What is the Castle Doctrine?
The three key factors under Graham examine crime severity, immediate threat level, and whether the suspect is actively fleeing or doing this.
What is actively resisting?
Conducted electrical weapons (Tasers), pepper spray, and batons are classified under this continuum level.
What are intermediate (or weapon) strategies?
Texas Penal Code § 9.44 explicitly prohibits installing these automated deadly mechanisms on private land.
What are spring guns (or deadly traps)?
Clearly stating the observable facts, decisions, and actions that support a use-of-force decision.
What is articulation?
Texas Penal Code § 9.33 permits using force or deadly force to protect this target if intervention is immediately necessary.
Who is a third person?
Unlike fleeing suspects, police officers generally have no legal duty to do this when confronted with a threat while performing duties.
What is retreat?
Modern law enforcement training often replaces strict linear ladders with this fluid response framework.
What is a force options (or force matrix) model?
School personnel may use force for emergency safety, but this form of physical discipline was banned in 33 states as of 2024.
What is corporal punishment?