48 states. Buried in the Texas Penal Code is a similar provision.
From Texas Penal Code, Title II, Chapter 9, Subchapter C - http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.9.htm
Specifically, Section 9.31(c):
(c) The use of force to resist an arrest or search is justified:
(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and
(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer’s (or other person’s) use or attempted use of greater force than necessary.
Section 9.31(d) tells us where to look to determine if we can use deadly force:
(d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.
If we look at 9.32, guess what we see.
Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect the actor against the other’s use or attempted use of unlawful deadly force;
Indiana wasn’t the first; I believe that those provisions have been there since 1973. Further on in 9.32, the recently added Castle Law provisions further say “don’t even think about illegal entry without a warrant.”
Exactly. Texas law allows the same, but you better be absolutely sure the LEO is in violation of the law if you do so. However, it does keep everyone honest.
According to this could the Texas state authorities have intervened in the Waco stand off because the ATF was clearly violating the state rights of the residents in the compound.
Wouldn’t that have been a site to see. All the ATF and FBI agents getting surrounded by Texas Rangers and National Guard to force them to stand down and allow the Dividians to walk out.
In Texas you can use deadly force if you feel yourself, your family or your property is in danger. So, why couldn’t you shoot a cop if he shoots your dog?
Good to know.
I’m glad Texas gets that right.
I was about to post exactly the same statutes. Indiana's not the first...
It hasn't been a problem in Texas -- LEOs are taught it in recruit training (as I was, 40 years ago), and it keeps everyone reasonably honest and on their toes.
I'm an ex-cop, ex-prosecutor, ex-judge, and I believe this is good law. Good for Indiana!