776.05. Law enforcement officers; use of force in making an arrest

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FL ST § 776.05West's Florida Statutes AnnotatedTitle XLVI. Crimes (Chapters 775-899) (Approx. 2 pages)

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776.05. Law enforcement officers; use of force in making an arrest

FL ST § 776.05West's Florida Statutes AnnotatedTitle XLVI. Crimes (Chapters 775-899) (Approx. 2 pages)

West's Florida Statutes Annotated

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force (Refs & Annos)

West's F.S.A. § 776.05

776.05. Law enforcement officers; use of force in making an arrest

Currentness

A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force:

(1) Which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest;

(2) When necessarily committed in retaking felons who have escaped; or

(3) When necessarily committed in arresting felons fleeing from justice. However, this subsection shall not constitute a defense in any civil action for damages brought for the wrongful use of deadly force unless the use of deadly force was necessary to prevent the arrest from being defeated by such flight and, when feasible, some warning had been given, and:

(a) The officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or

(b) The officer reasonably believes that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person.

Credits

Added by Laws 1974, c. 74-383, § 13; Laws 1975, c. 75-64, § 1; Laws 1987, c. 87-147, § 1; Laws 1988, c. 88-381, § 54. Amended by Laws 1997, c. 97-102, § 1191, eff. July 1, 1997.

West's F. S. A. § 776.05, FL ST § 776.05

Current with laws, joint and concurrent resolutions and memorials through May 17, 2024, in effect from the 2024 second regular session. Some statute sections may be more current, see credits for details. The statutes are subject to change as determined by the Florida Revisor of Statutes. (These changes will be incorporated later this year.)

End of Document

776.05. Law enforcement officers; use of force in making an arrest | Statutes | Westlaw