Houston Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law.
Did you know that the police can force you to help them arrest someone or perform any official duty that is imposed on them by law! Wow!
Article 2.14 of the Texas Code of Criminal Procedure authorizes police to summon aid when met with resistance. Art. 2.14 of the Texas Code of Criminal Procedure states that if a peace officer encounters resistance while carrying out their legal duties, they have the authority to summon a sufficient number of citizens from their county to help them overcome the resistance. Furthermore, any citizen who is summoned by a peace officer is legally bound to obey the summons.
So, in what situations might the police invoke Art. 2.14 and summon aid from regular citizens? Here are a few examples:
Arrest or Detention: If a peace officer encounters resistance while attempting to make an arrest or detain an individual, they may summon aid from regular citizens to assist them in overcoming the resistance. For example, if a suspect resists arrest by using physical force or attempting to flee, the officer may call for backup from nearby citizens to safely apprehend the suspect.
Execution of Search Warrant: When executing a search warrant, a peace officer may encounter resistance from individuals inside the premises. If the officer faces resistance and requires additional assistance in conducting the search, they may summon aid from regular citizens to help them overcome the resistance and carry out the search warrant.
Traffic Stop: During a routine traffic stop, a peace officer may encounter a situation where the driver or passenger becomes combative or uncooperative. In such cases, the officer may need to summon aid from nearby citizens to help defuse the situation and safely complete the traffic stop.
It's important to note that the law does not provide a blanket authority for peace officers to summon aid from regular citizens in all situations. The resistance encountered must be lawful, and the summons for aid must be necessary and reasonable in the given circumstances. Additionally, the citizens who are summoned are legally bound to obey the summons and provide assistance to the peace officer.
As a regular citizen who is summoned to aid a peace officer, it's essential to understand your rights and responsibilities. While you are legally bound to obey the summons and provide assistance, it's crucial to act in a manner that is safe and within the confines of the law.
In conclusion, Art. 2.14 of the Texas Code of Criminal Procedure grants peace officers the authority to summon aid from regular citizens when encountering resistance while carrying out their duties. However, this authority is not unlimited and must be exercised within the bounds of the law. If you have been summoned to aid a peace officer or have questions about your rights and responsibilities in such situations, it's advisable to consult with a knowledgeable criminal defense attorney for guidance.
If you are facing criminal charges related to resistance or encounter with law enforcement, it's important to seek legal representation from an experienced criminal defense attorney who can protect your rights and provide you with a strong defense. Contact our law firm today to schedule a consultation and discuss your case with our skilled team of attorneys.
Article 2.15 says you may be prosecuted for the refusal to obey the police in this situation.
Art. 2.14. MAY SUMMON AID. Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citizens of his county to overcome the resistance; and all persons summoned are bound to obey. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 2.15. PERSON REFUSING TO AID. The peace officer who has summoned any person to assist him in performing any duty shall report such person, if he refuse to obey, to the proper district or county attorney, in order that he may be prosecuted for the offense. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
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