Use of Force & Arrest · §9.06

Civil Remedies Unaffected

Civil Remedies Unaffected is covered under §9.06 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Framework" on practice exams.

To prove this offense, the State must establish each of the following elements: Underlying §9.31/9.32/9.41/9.42/etc. justification; Confinement reasonably necessary in extent and duration; Obligation to release once underlying justification expires.

Elements you must prove

  • Underlying §9.31/9.32/9.41/9.42/etc. justification
  • Confinement reasonably necessary in extent and duration
  • Obligation to release once underlying justification expires

Practice 1 question on this topic

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Worked examples

Worked example 1

Under §9.06 (Confinement as justifiable force), a person justified in using force is also justified in:

  1. Detaining anyone he wishes
  2. Confining the other person, only to the extent and for the duration of confinement reasonably necessary, and where lawful Correct
  3. Confining people indefinitely
  4. Only confining at home
Why: Confinement is justifiable to the extent and for the duration that the underlying use of force was justified. Note that §9.06 also speaks to obligations to release confined persons when the underlying need ends.
Statute: Tex. Penal Code §9.06

Statutory definitions for this topic

Confinement as justifiable force Tex. Penal Code §9.06
A person justified in using force is also justified in confining the other — to the extent and for the duration reasonably necessary, and where lawful. Confinement must end when the underlying justification expires.