The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . PREVENT THE IMMINENT COMMISSION OF A FORCIBLE FELONY, IS LIMITED TO INVOKING A DEFENSE UNDER SECTION 776.05 . . . 1), Florida Statutes (2013), commonly known as Florida's "Stand Your Ground" law, and under section 776.05 . . . The State has pointed to no language from any statute, including section 776.05, that could reasonably . . . This is legally significant because section 776.05 immunity only applies when an officer is making an . . . arrest. § 776.05(1), Fla. . . .
. . . The state reasons that law enforcement officers already are provided a defense under section 776.05(1 . . . We hold that the specific language of section 776.05, titled “Law enforcement officers; use of force . . . Therefore, the limitation on law enforcement officers to proceed under section 776.05 to the exclusion . . . According to the state, section 776.05(1) allowed the officer to assert a claim of qualified immunity . . . Additionally, because the question of whether qualified immunity pursuant to [section] 776.05[ (1) ] . . .
. . . Sanders, 672 So.2d at 47 (quoting § 776.05(1), Fla. Stat.). . . .
. . . . § 776.05. . . .
. . . That statute is section 776.05, and it provides that the officer “is justified in the use of any force . . . ” under specified circumstances. § 776.05, Fla. . . . Specifically, the court stated that “[bjecause sections 776.05 and 776.032 address the use of justifiable . . . The court reasoned that section 776.05 is specifically applicable to cases involving the use of force . . . by law enforcement officers in making an arrest and, therefore, section 776.05 supplied the justification . . .
. . . Caamano moved to dismiss the charge, alleging immunity pursuant to section 776.05, Florida Statutes ( . . . In contrast, section 776.05, titled “Law enforcement officers; use of force in making an arrest,” provides . . . , the statute specific to law enforcement, the circuit court stripped section 776.05 of meaning. . . . Because sections 776.05 and 776.082 address the use of justifiable force in the context of a criminal . . . We hold that the specific language of section 776.05, titled “Law enforcement officers; use of force . . .
. . . . § 776.05 (“A law enforcement officer ... need not retreat or desist from efforts to make a lawful arrest . . .
. . . . § 776.05(1); City of Miami v. Sanders, 672 So.2d 46, 47 (Fla.3d Dist.Ct.App.1996). . . .
. . . . § 776.05, Fla. Stat. Give if applicable. . . .
. . . Specifically, in his report and recommendation the magistrate judge relied on section 776.05 of the Florida . . . Stat. § 776.05 (2000). . . .
. . . . § 776.05. . . . In relevant part, § 776.05 provides that a police officer is justified in using force against a fleeing . . . Appellants contend that § 776.05 authorizes all of the police shootings in this case, and that the lawfulness . . .
. . . This language closely tracks the language set forth in section 776.05 of the Florida Statutes. . . . That statute reads: 776.05. . . . harm while making the arrest; (2) When necessarily committed in retaking felons who have escaped. § 776.05 . . . However, section 776.05 did not apply to the facts presented in this case since the defendant was neither . . .
. . . enforcement 3.6(h) JUSTIFIABLE USE OF FORCE BY LAW ENFORCEMENT OFFICER In making an arrest of a felon § 776.05 . . .
. . . See § 776.05(1), (3), Fla. Stat. (1993). . . .
. . . to withdraw and terminate the use of force, but the assailant continues or resumes the use of force. 776.05 . . .
. . . . § 776.05(1). . . . on law enforcement efforts, and would render meaningless the defense under [Florida Statute] Section 776.05 . . . Stat. § 776.05 The decision made by Officer Knight and/or Officer Minor to use deadly force against decedent . . .
. . . Section 776.05, Florida Statutes (1983), provided: [A law enforcement officer] is justified in the use . . .
. . . Furthermore, under § 776.05, Fla. . . . used the minimum amount of force necessary in this situation, his actions were justified pursuant to § 776.05 . . . believes to be necessary to defend, himself or another from bodily harm while making the arrest. § 776.05 . . .
. . . .” § 776.05(1), Fla.Stat. (1995). . . . chilling effect on law enforcement efforts, and would render meaningless the defense under Section 776.05 . . .
. . . Likewise, § 776.05 permits a law enforcement officer to use force when he “reasonably believes” it is . . .
. . . Fla.Stat. 776.05 provides that a law enforcement officer is justified in the use of any force which he . . .
. . . Sections 776.012, 776.05, 933.15, Fla.Stat. (1985). See also Tennessee v. . . .
. . . an instruction should be given in this case on justifiable force in making an arrest under section 776.05 . . .
. . . See, e.g., § 776.05, Fla.Stat. (1989). . . .
. . . . § 776.05 which states in pertinent part: A law enforcement officer or any person whom he has summoned . . . Florida Statutes § 776.05 allows an officer to use any force reasonably necessary to defend himself or . . .
. . . . § 776.05 that provides: "A law enforcement officer, or any person whom he has summoned or directed . . .
. . . EXHIBIT 2 3.04(f) JUSTIFIABLE USE OF FORCE BY LAW ENFORCEMENT OFFICER In making an arrest of a felon F.S. 776.05 . . .
. . . appellant’s requested jury instruction regarding the justifiable use of force standard found in section 776.05 . . . to give appellant’s requested jury instruction on the justifiable use of force as defined in section 776.05 . . . defense requested jury instruction on the justifiable use of force standard established in section 776.05 . . . been instructed on the standard for determining the justifiable use of force as set forth in section 776.05 . . . This court recognized the propriety of the use in a civil case of the standard established in section 776.05 . . .
. . . Among those statutes identified by the Court as an embodiment of the common law rule was section 776.05 . . . Fla.Stat. § 776.05 (emphasis added). . . . The full text of section 776.05 provides as follows: Law enforcement officers; use of force in making . . . The amended statute, effective October 1, 1987, provides as follows: 776.05 Law enforcement officers; . . . Both parties apparently agree that the amendment to section 776.05 has no bearing on the disposition . . . Fla.Stat.Ann. sec. 776.05 (West 1976). . . . Only recently has Florida amended section 776.05. . . . Fla.Stat.Ann. sec. 776.05 (West 1976) (emphasis added). . . . No party to this appeal has relied upon the amendment to section 776.05. . . . . The amendment to section 776.05 became effective on October 1, 1987. . . .
. . . Section 776.05, Florida Statutes. . . .
. . . Florida Statutes § 776.05 provides: A law enforcement officer, or any person whom he has summoned or . . . Morris’s conduct was reasonable because Morris was acting under the specific authorization of section 776.05 . . .
. . . Fla.Stat.Ann. sec. 776.05 (West 1976 Supp.1986). . . .
. . . . § 776.05 (1979)), although, upon further questioning, he did say that the regulations and the statute . . . CITY’s liability based on PEREZ’s acts committed pursuant to the Florida Fleeing Statute, Fla.Stat. § 776.05 . . . standard of care owed by the CITY to the plaintiff must be determined with reference to Fla.Stat. § 776.05 . . . In 1979, when officer PEREZ shot the plaintiff, Fla.Stat. § 776.05 permitted a law enforcement officer . . . Stat. § 776.05 (1979) (See, D.E. 107). . . .
. . . . § 776.05 (1979). . . . refrain from discharging his weapon during the attempted arrest of the plaintiff, pursuant to Fla.Stat. § 776.05 . . . regarding plaintiffs civil rights claim, the force used by Officer PEREZ was authorized by Fla.Stat. § 776.05 . . . It is stated that these regulations were much narrower than the standard set forth in Fla.Stat. § 776.05 . . .
. . . See § 776.05, Fla.Stat. (1979). . . .
. . . However, for the purposes of this Inquest, the pertinent Section is 776.05, Florida Statutes, which states . . . Stat. § 776.05, our “fleeing felon” law. . . . Pursuant to § 776.05, an officer having probable cause to believe a suspect has committed a felony, may . . . In the Nelson case, the court further noted that under § 776.05, “the fact that the person has not actually . . . Stat. 776.05, potentially subjecting him to criminal culpability under Fla. Stat. § 782.07. . . .
. . . . § 776.05 (1983); Idaho Code § 19-610 (1979); Ind. Code § 35-41-3-3 (1982); Kan. Stat. . . .
. . . enforcement officer to assist the officer in making an arrest or preventing an escape, as mentioned in § 776.05 . . .
. . . . §§ 782.02, 776.05, or 776.07 (1975) nor excusable under Fla.Stat. § 782.-03 (1975). . . . justified in using any force which he reasonably believed necessary to defend himself, Fla.Stat. § 776.05 . . . Rehearing that the trial court improperly instructed the jury as to the 1974 version of Fla.Stat. § 776.05 . . . court and Florida Supreme Court, that the trial judge properly instructed the jury as to Fla.Stat. § 776.05 . . . Relevant for the purposes of this case are Fla.Stat. §§ 776.05, 776.06, and 776.07. . . .
. . . un-contradicted evidence adduced at trial establishes that Eldridge’s killing was justified, pursuant to sections 776.05 . . .
. . . “Further the law in 776.05: “Resisting [sic][] a law enforcement officer, or any person who[m] he has . . . retaking felons who have escaped or when necessarily committed in arresting felons fleeing from justice. “776.05 . . .
. . . . § 776.05 (Supp.1975); Idaho Code § 19-610 (1970); Ind.Code § 35-1-19-3 (Burns 1975); Iowa Code § 755.8 . . .
. . . . § 776.05. . . . . § 776.05, as amended by Ch. 75-64. . . .
. . . Thereupon the respondent brought suit for $276.05, the balance of the statutory wages due respondent, and $776.05 . . .
. . . at either end with the new line as surveyed, exclusively upon the Estate Aurora, and it turned over 776.05 . . .