Section 4

Use of Force & Arrest Exams

Justification framework, self-defense and Castle Doctrine, defense of others and property, peace officer force under §9.51, Graham v. Connor, Garner, and Texas case law.

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Review

What the Use of Force & Arrest section covers

This Use of Force & Arrest practice test draws on 75 questions across 25 topics. Every question carries the statute it comes from and an explanation of why the answer is right, so a missed question points straight at the law to review.

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Sample questions

Texas Penal Code §9.02 provides that:

  1. Justification is an affirmative defense
  2. It is a defense to prosecution that the conduct in question is justified under chapter 9 (correct)
  3. Justification is a complete bar only for certain offenses
  4. Justification applies only to peace officers

Why: Justification under Chapter 9 is a defense to prosecution — when raised by the evidence, the State must disprove it beyond a reasonable doubt. It is not an affirmative defense (which would shift the burden of proof).

Tex. Penal Code §9.02

SCENARIO. A homeowner in Texas hears a thief breaking into a parked car in his driveway at 1 AM. He runs out and shoots the thief. Apply Texas law.

  1. Always justified — Castle Doctrine
  2. Not necessarily — §9.42 narrowly authorizes deadly force in defense of property only for: (a) imminent commission of arson, burglary, robbery, aggravated robbery, theft DURING THE NIGHTTIME, or criminal mischief during the nighttime, OR to prevent escape with property; AND only if reasonable belief that property cannot be otherwise protected, OR using less force would expose the actor or another to substantial risk of death or SBI (correct)
  3. Always justified during the day
  4. Never justified

Why: Texas does allow deadly force in defense of property in narrow situations, but the elements are specific. Theft at night and burglary qualify, but the actor must also satisfy the necessity and lesser-means requirement.

Tex. Penal Code §9.42

SCENARIO. Officers respond to an active mass shooter inside a school. Officers may:

  1. Wait for SWAT
  2. Make immediate entry to neutralize the active threat — this is the post-Columbine standard adopted by Texas and federal agencies, and the §9.32 / §9.51(c) / Garner thresholds (substantial threat of death or SBI to officer or others) are clearly satisfied (correct)
  3. Establish a perimeter and call
  4. Wait for the suspect to leave

Why: Active-shooter doctrine — post-Columbine — requires immediate entry to stop the threat. The use-of-force thresholds are clearly met by an active killer.

Tex. Penal Code §9.51; agency active-shooter doctrine