Full question:
I was arrested when an officer entered my home, asked me my name, and said he knew me and had trouble with me before; which was a cover for his high position as a police officer. Anyway, the facts are, I have never been in any trouble with the law, he did not know me, and has not ever had trouble with me. Every record of mine will prove it, but I was arrested and thrown in jail for 24 hours for asking him to leave my house when he was mistaken and I asked him what rights do I have under the castle laws for this mistaken identity.
- Category: Criminal
- Date:
- State: Texas
Answer:
In Texas, you have specific rights under the law regarding self-defense and the protection of your property. According to Texas Penal Code § 9.31, you can use force to protect yourself if you believe it is necessary to prevent unlawful force against you. This applies if someone unlawfully enters your home. However, you cannot use force against a peace officer, even if you believe their actions are unlawful (see § 9.31(b)).
Additionally, under § 9.41, you can use force to protect your property from trespassers. If someone has unlawfully entered your home, you may be justified in using force to remove them, provided you act immediately or in fresh pursuit after the trespass.
It’s important to note that if you resist an arrest, even if you believe it is unlawful, you may not be justified unless the officer uses excessive force (see § 9.31(c)). Therefore, while you have rights under castle laws, your response must be measured and lawful.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.