9.4 Deadly Force and Post-Incident Duties

Deadly Force Decisions

Deadly force is force intended or known by the actor to cause, or in the manner of its use or intended use capable of causing, death or serious bodily injury under PC 9.01(3). TCOLE BPOC Chapters 28 and 31 connect deadly force to defense of person, defense of third person, arrest and search, and immediate threats. The test focus is reasonableness under facts, not fear in the abstract.

Chapter 31 states that peace officers may use deadly force to protect themselves or others when and to the degree they reasonably believe an immediate threat of death or serious bodily injury exists. Chapter 28 asks students to consider whether deadly force can be avoided without risk of injury or death to the officer or others. Agency policy and personal conscience also affect the officer's decision.

Scenario guidance: a burglary suspect runs from a building with a backpack, ignores commands, and has no visible weapon. Deadly force is not justified from the flight alone. If the facts change and the suspect turns with a firearm toward an officer or bystander, the immediate threat analysis changes. The correct exam answer follows the facts as they evolve and reassesses the level of threat.

BPOC Chapter 31 also connects deadly force to empty-hand techniques, control weapons, chemical and electrical devices, firearms, vehicles, and other topics. This is an exam warning. A technique or tool can become deadly force based on how it is used, where it is targeted, and the foreseeable injury. A baton strike intentionally directed to the head or throat is treated differently from a controlled strike to an approved target area.

Post-incident duties are tested as process and policy awareness. Chapter 28 identifies typical procedures after an officer-involved shooting and tells instructors to emphasize that each department has its own procedures. Officers should know policy, preserve evidence as directed, follow supervisory instructions, and understand that many departments separate administrative and criminal investigations.

Garrity v. New Jersey matters because compelled administrative answers may create criminal-use limits. If the answer sought is intended for criminal trial use, Miranda and Code of Criminal Procedure Article 38.22 issues may arise. The exam answer should not claim that Garrity prevents all questioning. It protects against criminal use of compelled statements under the relevant conditions.

Exam trap: deadly force is not justified merely because an offense is serious, the person is fleeing, or the officer is angry or insulted. The best answer identifies the immediate threat, legal authority, bystander risk, available alternatives, policy, and the need to reassess once the threat ends. TCOLE also expects the officer to return to words and verbal strategy once safety permits.