Not to disrespect people here but please don’t answer if you’re just looking to say a comment that doesn’t give a good explanation or context. Honestly I’m a bit tired of responses like “cause they’re corrupt” or “because they’re fascists”.

I’m hoping someone with experience in law enforcement or law can chime in and show what the actual laws are and why they could be skirting things. What ROE Ice agents might have. I’m also looking at why I don’t see any large law societies bringing these violations if there are any to the courts. I remember years ago there were entire law firms with staff dedicated to areas like this. Why is that not happening today?

  • SnausagesinaBlanket@lemmy.world
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    14 days ago

    Here’s a summary of the post:

    🧵 Overview of Texas Law on Use of Force and Law Enforcement Protections

    The post offers a detailed, critical look at how Texas law intersects with law enforcement practices, particularly around use of force and legal accountability.


    ⚖️ Legal Framework

    • Penal Code Chapter 9: Covers use of force and deadly force. Officers are protected if they act under “reasonable belief” that force is necessary.
    • Chapter 2: “Justification” is a defense to prosecution, but doesn’t prevent arrest or charges.
    • Sections 9.51, 9.55: Define law enforcement’s authority to use force, including deadly and less-lethal weapons, again hinging on “reasonable belief” and “training.”

    🚨 Law Enforcement Training & Policy

    • Training often encourages use of force based on officer discretion.
    • “Killology” and similar philosophies promote aggressive responses.
    • Department policies typically defer to officer judgment, making “reasonable belief” the sole operative standard.

    📜 Arrest Procedures

    • Code of Criminal Procedure Chapters 14 & 15: Officers can arrest for witnessed offenses and use “reasonable” force.
    • Although excessive force is technically prohibited, it’s rarely enforced.

    🛡️ Defense of Person and Property

    • Sections 9.31 & 9.41: Citizens can use force, even deadly, to defend themselves or property if they have a “reasonable belief” of imminent harm or crime.

    🧱 The “Reasonable Belief” Shield

    • This concept protects officers at every level:
      • Internal investigations often die if another officer can imagine doing the same.
      • Prosecutors avoid charging to maintain relationships with police.
      • Courts and juries frequently defer to officer judgment.

    ❗ Civil Rights and ICE

    • ICE’s actions aren’t unique—they reflect broader law enforcement norms.
    • The key difference is ICE’s blatant disregard for probable cause, which courts previously enforced.
    • Recent Supreme Court decisions have weakened civil rights protections, worsening the issue.

    ⚠️ Prosecutorial Practices

    • Prosecutors rarely include defenses in charging statements, making arrests less likely when a defense could apply.
    • Example: Delayed arrest in a Texas case where a child was shot for a prank.

    🔫 Resisting Officers

    • Section 9.31© warns against resisting peace officers—even if they act unlawfully.
    • Real-world scenarios show how quickly “reasonable belief” can justify lethal force against civilians, even when officers are in the wrong.

    🧩 Conclusion

    The post argues that law enforcement isn’t skirting the law—they’re operating within it, shielded by vague standards like “reasonable belief.” This legal structure makes accountability nearly impossible and creates dangerous conditions for civilians.