Approach from the front with palms open and forward. Ask if he or she needs assistance. There is no one good answer. If he or she tells you to return to your vehicle, do so and notify 911 that assistance maybe needed. Remain on the line and give updates. Never get out with a weapon in hand.

I personally agree with GB2950. Approach with caution. The officer is going to probably be having a huge adrenaline dump and is gonna be all amped up. He/She won't know if you are there to help the bad guy or them. Verbalize your intentions and ASK if the officer wants help. Remember, the officer may know back up is around the corner and doesn't want you to get hurt when it is not needed. Also, if you do help, make sure you back off when other officers arrive. They might not be able to tell that you are helping the officer. Don't be surprised if you end up cuffed for a few minutes till they figure out you are a good guy.

I had someone help me in a fight once and it was greatly appreciated. The guy that helped me almost ended up cuffed, becuase the backup thought he was another bad guy until I told the backup he was helping me and to cuff the other guy.

Well thank God some citizens do that because my dad would not be here today had a good Citizen not stepped in...

If I order a citizen to assist me and he/she does not, they have committed a crime.

Refusing to assist a Law Enforcement Officer when he is endeavouring to maintain the peace in the execution of his duty is a little used offence at common law.

At one time all residents of the United States were responsible for upholding the law but, with the passing of time, this obligation has been eroded and is now treated as merely a moral or civic obligation, as was reflected until recently in the PACE Code of Practice for the Detention, Treatment and Questioning of Persons by the Police ("Detention Code") para. 1B. (Click here to view the current position)

The offence is:

Refusing to aid or assist a constable in the execution of his duty of maintaining or restoring the Peace when called upon to do so, if that person is physically capable of rendering such help and has no lawful excuse for so refusing.

This would appear to be the only definition of the offence and is a result of the case of R v Brown (1841). It was held in that case that, when the defendant was requested to assist an officer to quell a riot it was necessary to prove that the constable had witnessed a breach of the peace being committed, that it was reasonably necessary for the officer to call on the defendant for his assistance and that the defendant had no physical reason or lawful excuse for his refusal.

Here's the statute from the Texas Code of Criminal Procedure (Chapter 8):

Art. 8.01. [95] [139] [129] OFFICER MAY REQUIRE AID. When
any officer authorized to execute process is resisted, or when he
has sufficient reason to believe that he will meet with resistance
in executing the same, he may command as many of the citizens of his
county as he may think proper; and the sheriff may call any
military company in the county to aid[0] him in overcoming the
resistance, and if necessary, in seizing and arresting the persons
engaged in such resistance.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.

I have intervened a couple of times when a member of the public was being mugged or pushed around, and there were no law enforcement officers present. I would do the same for an officer.

I dunno, I've been doing the sample tests on TCLEOSE & on this question...

R-7 6.2.3

If a peace officer summons a person to aid him, and that person refuses, the person is guilty of:
A. Aiding the escape of an offender

B. Resisting a lawful order

C. No offense

D. A class C misdemeanor
6.2.3

The answer was C. No offense

Has this changed ?

OK, so are the TCLEOSE sample tests I've been taking a waste of time?

This is the website that a friend of mine who's an Austin, Tx LEO gave me as a study guide , I think it is very good & have learned a ton from.

http://www.victoriacollege.edu/policeacademy/test.html

on the home page,where it says "practice tests", right hand side, under "Code of criminal procedure" question #5.

Hey, I'm with ya on this, I thought for sure it was either B: Resisting a lawful order or D: a Class C misdemeanor, but when I finished answering all the questions in the test & reviewed my answers, it said I was wrong & that it was C: No offense.

Go figure.

Anonymous says ...

Nope, but I would be concerned over the accuracy of the practice test. Here's some more from Chapter 2 of the CCP: Art. 2.14. [38] [45] [46] 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, eff. Jan. 1, 1966. Art. 2.15. [39] [46] [47] 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, eff. Jan. 1, 1966.

I have been employed as a special magistrate and I have never in all the time I have worked for attorneys  and courts federal and state, seen anyone prosecuted for this act. Regardless of my professional affiliations, I am reired now, I can asure you that no one can assert a claim to have power over me that I do not grant , either personally, or through my voting habits.  

IowaNinersFan says ...

 Bored?!

 

No, not specifically.....this poped up as an answer to a google search I did on another subject...did not bother to look at how old it was so replied anyway.

 

 

Steve

strange1, when you see the username 'Anonymous' it means the user deleted his account and is no longer on PL.  All users who do this get the same Anonymous designation.   There are posts by dozens different of former members that are listed as Anonymous now.