Page 30 - TPA Journal November December 2014

Joe C. Tooley, Legal Digest Editor
Joe C. Tooley, Attorneys & Counselors, Rockwall, Texas
www.TooleyLaw.com 972-722-1058

TEXAS POLICE ASSOCIATION

LEGAL DIGEST

November/December 2014

AUTHOR’S NOTE: It is the goal of this submission to extract those portions of relevant appellate
opinions or the syllabus of the legal reporter which bear directly upon law enforcement methods and
provide guidance for officers on an operational level. Much of the information pertaining to these cases is
lifted verbatim from the court opinion or syllabus with independent analysis inserted as appropriate. Due
to clarity for training purposes, the distinction between quotes from the opinions and inserted analysis is
not always identified and legal citations within the opinion are often omitted. Emphasis is placed upon
reported decisions from the Fifth Circuit Court of Appeals and the Texas Court of Criminal Appeals.

PURSUIT – USE OF FORCE – DEADLY physical harm, either to the officer or to
FORCE others.
A city officer was attempting to arrest a While the Court recognized there is no
suspect on a warrant for revocation of a “bright line rule” to define when deadly
misdemeanor probation. The suspect fled in force is permissible under the Fourth
his vehicle and a pursuit followed. A DPS Amendment to terminate the chase, it does
trooper down range fired on the pursuing recognize that, under Supreme Court
vehicle with his patrol rifle. At about the precedent, deadly force is permissible when
same time or a few moments after, the a suspect’s flight presents an immediate
suspect ran over deployed spikes after which threat of serious physical harm, either to the
the suspect crashed and died. It was officer or to others.
determined that the suspect died from a Excerpts from the opinion follow:
round fired from the trooper’s rifle. In the Texas DPS Trooper Gabriel Rodriguez was
subsequent civil rights lawsuit, a summary on patrol nearby and took the lead in the
judgment motion on behalf of the trooper pursuit. Around mile marker 77, Leija
based upon his qualified immunity defense entered I–27 and continued north, with
was denied. The Fifth Circuit upheld the Rodriguez directly behind him. During the
denial of the motion finding that a fact issue approximately 18 minutes that the pursuit
for the jury existed as to whether the suspect lasted, Rodriguez followed Leija and
presented an immediate threat of serious captured the pursuit on his video recorder.

26 www.texaspoliceassociation.com • 866-997-8282 Texas Police Journal