First of all let me say that myself, and millions like me, appreciate the frontline defense that you and your SWAT TEAM bring to citizens like myself. Were it not for dedicated Soldiers like yourself, we would not be resting comfortably in our homes in times of dire need. Thank you for putting your life on the line, so that we, and our children, can live our lives with the peace of mind in knowing that the bravery of you, and yours, are on watch. I pray that you all, now and in the future, return safely home from your appointed rounds.
I cannot say in words, what it means to me, for you all to have our backs.
My heartfelt thanks,
Claude Wooley
New Waverly, TX
(Questions are included with Officer Maffei's answers below)
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Claude,
I would first like to thank you for your kind words and encouragement, It’s always nice to know that their are people out there that support and respect the police still. In todays society it is not often that you are thanked for your services and instead you are looked at as a necessary evil that people love to complain on for whatever minor issue it might be. Kind words like this every once in a while is what keeps Officers motivated and proud to serve their Community.
I have tried to answer your questions as best as I can however remember that the “Law” in general is very grey and each city, county, state, police agency’s and DA’s Office do things different. These answers can change depending on the Jurisdictions.
Question 1:
Do the same laws apply in defending one's home during times of natural disasters and for Civil Unrest? Or, do we abide the notion that these are a different set of circumstances that are separated by lawful constrictions?
Answer 1:
Do the same laws apply in defending one's home during times of natural disasters and for Civil Unrest? Or, do we abide the notion that these are a different set of circumstances that are separated by lawful constrictions?
During such critical times such as Natural Disasters or “Civil Unrest’s” we as Officers for the most part operate with the same laws and department polices however at times the state laws give us a little more lead way. With this being said, the Law’s in regards to the defending their home as a civilian does not change during these such situations. The laws for the ways a civilian shall defend his home will not change during a natural disasters.
Question 2:
The "after dark law" is a grey area for me. When does one make the judgment call to use deadly force (if need be) for the safety of our family?
Answer 2:
The "after dark law" is a grey area for me. When does one make the judgment call to use deadly force (if need be) for the safety of our family?
I am unsure if you are referring to the use of deadly force to protect yourself, a third party such as your family, or your property, however I can say this.
The “After Dark Law” that you are referring to, only applies to the protection of property. The protection of a person or a third party does not have any restrictions in regards to time of day.
I have attached the penal code section, pertaining to the use of deadly force for protection of your property. Keep in mind also that such incident will also be referred to a Grand Jury who will ultimately decide if a person was justified to using deadly force to protect their property.
The Night Time exclusion is highlighted in red below and I also added a few “key notes” under the section just to show you how gray this Law really is.
This Law is Very Very Grey to everyone!!
SUBCHAPTER D. PROTECTION OF PROPERTY
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property: (Key Note: Make sure you know the definitions of land or tangible, movable property)
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(Key note: Make sure you know the definitions of each offense listed above in paragraphs A and B, along with the elements to the crime to each offense listed above)(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or (Key note: Remember, what is reasonably to you and I might be unreasonably to the Grand Jury or Jury. It also states “cannot be recovered by any other means”. With this being said, “who is to say that the police could not have caught the person and recovered the item or you could not have had it replaced by insurance.”)
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
** End Question 2 **
Question 3:
What is the best source of communication for civilians to use when power to our homes has gone down for days, maybe weeks at a time?
Answer 3:
After experiencing the before and aftermath of hurricane IKE I can say that communication was a very big problem for everyone including the police.
A few ways to insure that you have at least some way of communication in the case of an emergency are as follows.
Cell phones for the most part will work at times. If not they come back very quick. Make sure you have a fully charged battery and means of keeping it charged. Make the investment and buy a generator and have plenty of gas on hand. If you do not have the means of keeping the cell phone charged then turn it off and only turn it on to use it during an emergency.
Also, I found “on star” to be very helpful during IKE. At one point all the cell towers on the Island went down and I was unable to dial out. FEMA came in and provide our “Brass” with cell phones that would work to insure that they would communicate with City,State and FEMA officials however the ground troops were stuck not being able to contact their family’s for a few days. I happened to go to my Tahoe one evening and remembered that I had “on star” which is also equipped with being able to operate as a phone. I pressed the button to talk to the operator and explained to her my situation. “On star” provided me with 30 free minutes and I was able to use the “on star” phone function to contact my parents. The signal is great and had great sound quality considering the situation.
If your vehicle has this function, remember that you have it or spend a few dollars to have it activated during hurricane season if your vehicle is equipped with “On star”.
Question 4:
Finally, what is the procedure by which civilians can volunteer to help organize a community for defense during these critical times?
Answer 4:
I would contact your local police department with this question due to each department has different polices and community programs for civilians to volunteer there time during such critical incidents.
Respectfully,
Tommy Maffei # 418
Galveston Police Department
Patrol Division/ SWAT
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