4DCA: LEOs Can Assert Stand Your Ground – Certifies Conflict

Finding the law enforcement officers are eligible to assert the Stand Your Ground defense under F.S. 776.012 and 776.032, the Fourth District agreed with the trial court that "the officer reasonably believed using deadly force was necessary to prevent imminent death or great bodily harm to himself, his sergeant, and the nearby citizens."

Certified Conflict with State v. Caamano, 105 So. 3d 18 (Fla. 2d DCA 2012).

Certified question of great public importance:

WHETHER A LAW ENFORCEMENT OFFICER, WHO WHILE MAKING A LAWFUL ARREST, USES DEADLY FORCE WHICH HE OR SHE REASONABLY BELIEVES IS NECESSARY TO PREVENT IMMINENT DEATH OR GREAT BODILY HARM TO HIMSELF OR HERSELF OR ANOTHER OR TO PREVENT THE IMMINENT COMMISSION OF A FORCIBLE FELONY, IS LIMITED TO INVOKING A DEFENSE UNDER SECTION 776.05(1), OR IS ALSO PERMITTED TO SEEK IMMUNITY FROM CRIMINAL PROSECUTION UNDER SECTIONS 776.012(1) AND 776.032(1), FLORIDA STATUTES (2013), MORE COMMONLY KNOWN AS FLORIDA’S “STAND YOUR GROUND” LAW.

State v. Peraza, 4D16-2675 (Fla. 4th DCA Aug. 30, 2017)

https://edca.4dca.org/DCADocs/2016/2675/162675_DC05_08302017_095639_i.pdf

Broward Co. Judge Usan

Valarie Linnen, Esq. Criminal, Civil, and Administrative Appeals
Postconviction Relief
PO Box 330339, Atlantic Beach, FL 32233
PO Box 200, Chippewa Lake, MI 49320
888.608.8814
vlinnen@live.com
www.FlaCaseLaw.com

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