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  • Writer's pictureBrian Foley

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Article 2.1387

The criminal justice system exists to maintain law and order and ensure justice for all. However, sometimes those entrusted with this responsibility abuse their power, especially when it comes to the use of force. That is why laws and regulations have been put in place to ensure that the use of force by law enforcement officers is reasonable, necessary, and legal. One such regulation is Art. 2.1387 of the Texas Code of Criminal Procedure.





Art. 2.1387 of the Texas Code of Criminal Procedure requires peace officers to intervene and report when they witness excessive force being used by another peace officer against a suspect. According to the statute, a peace officer has a duty to intervene if the amount of force used exceeds what is reasonable under the circumstances, and the officer knows or should know that the use of force violates state or federal law, puts a person at risk of bodily injury, and is not required to apprehend the suspect.

This means that if an officer sees another officer using excessive force, they are required to step in and stop them. Additionally, if the officer believes that the use of force was unnecessary, illegal, and put the person at risk of bodily injury, they are required to report the incident to their supervisor.

The law also defines excessive force as the use of more force than necessary to make an arrest or to protect oneself or others. The use of excessive force is not only illegal but can also lead to serious injuries or death, which is why it is important to have regulations in place to prevent it.

This law is a significant step towards accountability and transparency in the criminal justice system. By holding law enforcement officers accountable for their actions, this law ensures that justice is served and that those who are entrusted with protecting citizens are held to the highest standard of integrity and professionalism.

In conclusion, Art. 2.1387 of the Texas Code of Criminal Procedure is a crucial law that helps prevent the abuse of power by law enforcement officers. By mandating that officers intervene and report when they witness excessive force, the law ensures that officers are held accountable for their actions and that justice is served. It is important to continue to enforce and uphold these regulations to maintain the public's trust in the criminal justice system and ensure that everyone is treated fairly and justly.


Art. 2.1387. INTERVENTION REQUIRED FOR EXCESSIVE FORCE; REPORT REQUIRED. (a) A peace officer has a duty to intervene to stop or prevent another peace officer from using force against a person suspected of committing an offense if: (1) the amount of force exceeds that which is reasonable under the circumstances; and (2) the officer knows or should know that the other officer's use of force: (A) violates state or federal law; (B) puts a person at risk of bodily injury, as that term is defined by Section 1.07, Penal Code, and is not immediately necessary to avoid imminent bodily injury to a peace officer or other person; and (C) is not required to apprehend the person suspected of committing an offense. (b) A peace officer who witnesses the use of excessive force by another peace officer shall promptly make a detailed report of the incident and deliver the report to the supervisor of the peace officer making the report. Added by Acts 2021, 87th Leg., R.S., Ch. 534 (S.B. 69), Sec. 1, eff. September 1, 2021.


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