“Actor” and “persons acting in the peace officer’s presents”

[barstoolguru]

Here is a question that has not come up on this form that Ihave seen. Chapter #2 of the handgun book makes references to “actor” and “person’sin the presents of a peace officer”. I have talked with others and have gotdifferent definitions so I am putting it out to see what others intrepid it as.
When acting as an actor what is the “actor” (no mention ofpeace officer presences)
When “a person is acting in a police officer’s presence andat his direction” is justified in using deadly force against another

 

[Texan2]

Wha???? dont jack with my presents.

 

[Skip]

.

 

[barstoolguru]

Wh

a???? dont jack with my presents.

as soon as I get home I will fire the spell checker just for you........lol

 

[Mikewood]

Don't worry, you are not going to be deputized into a posse.

 

[txinvestigator]

Here is a question that has not come up on this form that Ihave seen. Chapter #2 of the handgun book makes references to “actor” and “person’sin the presents of a peace officer”. I have talked with others and have gotdifferent definitions so I am putting it out to see what others intrepid it as.
When acting as an actor what is the “actor” (no mention ofpeace officer presences)
When “a person is acting in a police officer’s presence andat his direction” is justified in using deadly force against another

Perhaps if you tell us specifically to which sections you refer, we could help you. It would also help if you could be more clear with your question.

 

[barstoolguru]

The word “actor “is all through chapter two of the handgun book:
Conduct is justified if (1)the actor reasonably believes the conduct is
Immediately necessary to avoid imminent harm;
Why is the book referring to the person as an actor? Who is he/she portraying?

Here it comes up again; §9.51. ARREST AND SEARCH. (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 anarrest or search, or to prevent or
assist in preventing escape after arrest, if:

 

[Texan2]

In this context the Actor is you...the guy using a gun in self defense.

In chapter 9, you are acting at the peace officer's direction if you are following the directives he is giving you.

 

[barstoolguru]

So don’t flame me on this but someone mention that in the state of Texas they are referring to being deputized. What other reason would a peace officer give you direction when apprehending a criminal.
Actor by definition is someone portraying someone else soare they referring the actor as a temporary peace office until on arrive as in a citizen’s arrest? If you carry a gun and can detain a felony criminal until a peace officer shows is the in a way being deputized by law in some way?
Like I said no flaming; the wording is precise as if it is referring to something. And no I have no intention of wanting to be a mall cop. Someone mention something and I just want to put it through the smell test and see if it has any truth to it

 

[Bithabus]

So don’t flame me on this but someone mention that in the state of Texas they are referring to being deputized. What other reason would a peace officer give you direction when apprehending a criminal.

Not deputized, but a Peace Officer may direct a citizen to assist him when attempting to make an arrest. If this happens, the citizen may be justified in using force or deadly force under circumstances that are normally reserved for Peace Officers.

Actor by definition is someone portraying someone else soare they referring the actor as a temporary peace office until on arrive as in a citizen’s arrest?

No. An actor is someone who is doing something. As Texan2 said above in ch 9 the actor is the guy using justifiable force or deadly force. That's you.

If you carry a gun and can detain a felony criminal until a peace officer shows is the in a way being deputized by law in some way?

Not in any way. In Texas anyone can make an arrest for a felony committed in his presence.

Now friendly advice from me: throw away that book. Read the actual penal code, read case law, read gov code, ask questions here. Pamphlets contain paraphrasing usually written by someone with superficial understanding of the subject.

 

[40Arpent]

No. An actor is someone who is doing something.

Key point right there. An "actor" in this context is anyone, not otherwise specified, who is taking part in the action. It means nothing more than that.

 

[barstoolguru]

Not deputized, but a Peace Officer may direct a citizen to assist him when attempting to make an arrest. If this happens, the citizen may be justified in using force or deadly force under circumstances that are normally reserved for Peace Officers.

If a peace officer is there to uphold the law what situation would a peace office shoot where a civilian couldn't? The law is written for everyone is it not?

Now given the idea that a citizen (with or without a gun)can enforce the law when the law is broken without a peace officer present (citizen’sarrest) would that not be acting (actor) as a peace officer until a higher authoritycomes along as long as a crime is committed?

can you see where this is going. the way I am reading it (yes by the book, SS PC.) that the state of texas see's a citizen as a peace officer if a crime is committed in their pressences.

 

[Bithabus]

If a peace officer is there to uphold the law what situation would a peace office shoot where a civilian couldn't?

See PC 9.51

Now given the idea that a citizen (with or without a gun)can enforce the law when the law is broken without a peace officer present (citizen’sarrest) would that not be acting (actor) as a peace officer until a higher authoritycomes along as long as a crime is committed?

No, because in Texas everyone has powers of arrest. But, Peace Officers may exercise these powers under more circumstances. Also, Peace Officers have other powers that non Peace Officers do not have.

can you see where this is going. the way I am reading it (yes by the book, SS PC.) that the state of texas see's a citizen as a peace officer if a crime is committed in their pressences.

"Peace Officer" is clearly defined. This is not part of the definition.

 

[Texan2]

If a peace officer is there to uphold the law what situation would a peace office shoot where a civilian couldn't? The law is written for everyone is it not?

Now given the idea that a citizen (with or without a gun)can enforce the law when the law is broken without a peace officer present (citizen’sarrest) would that not be acting (actor) as a peace officer until a higher authoritycomes along as long as a crime is committed?

can you see where this is going. the way I am reading it (yes by the book, SS PC.) that the state of texas see's a citizen as a peace officer if a crime is committed in their pressences.

You are WAAAAAAAAAY overthinking this. It is actually a very easy to read/understand and straightforward section of the law.

In no way, shape or form does Texas see a citizen as a peace officer if a crime happens in their presence.

 

[Bithabus]

In no way, shape or form does Texas see a citizen as a peace officer if a crime happens in their presence.

LOL

 

[Texan2]

In no way, shape or form does Texas see a citizen as a peace officer if a crime happens in their presence.

So cancel the order for the CHL badge.....

 

[txinvestigator]

This thread scares me.

 

[barstoolguru]

There is no way I am canceling the badge…….LMFAO. Understand this was presented to me this was so this is what I threw it out there to see if it has any teeth. See it the way you want but what scares me is that others believe that it is true, people that teach others .

and yes somethimes its good to over think some things for it is worse to under think it

 

[Dcav]

This thread scares me.

+1

 

[40Arpent]

This thread scares me.

The grammar scares me.