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Florida Statute 776.05 | Lawyer Caselaw & Research
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F.S. 776.05 Case Law from Google Scholar Google Search for Amendments to 776.05

The 2024 Florida Statutes

Title XLVI
CRIMES
Chapter 776
JUSTIFIABLE USE OF FORCE
View Entire Chapter
F.S. 776.05
776.05 Law enforcement officers; use of force in making an arrest.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.
History.s. 13, ch. 74-383; s. 1, ch. 75-64; s. 1, ch. 87-147; s. 54, ch. 88-381; s. 1191, ch. 97-102.

F.S. 776.05 on Google Scholar

F.S. 776.05 on Casetext

Amendments to 776.05


Arrestable Offenses / Crimes under Fla. Stat. 776.05
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 776.05.



Annotations, Discussions, Cases:

Cases Citing Statute 776.05

Total Results: 20

Chason, Kimbrel v. Clark

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-22T00:00:00-07:00

Snippet: Tavares, 603 So. 2d 18, 19–20 (Fla. 5th DCA 1992). § 776.05, Fla. Stat. (establishing

CHRISTOPHER KRICKOVICH v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-02-08T23:53:00-08:00

Snippet: guilt” are trial concepts. For example, section 776.05, Florida Statutes (2018), describes situations

State of Florida v. Peter Peraza

Court: Fla. | Date Filed: 2018-12-13T00:00:00-08:00

Citation: 259 So. 3d 728

Snippet: because section 776.05 immunity only applies when an officer is making an arrest. § 776.05(1), Fla. Stat… IS LIMITED TO INVOKING A DEFENSE UNDER SECTION 776.05(1), OR IS ALSO PERMITTED TO SEEK IMMUNITY FROM …;Stand Your Ground" law, and under section 776.05, Florida Statutes (2013). After the evidentiary… already provided a defense pursuant to section 776.05, which involves the justifiable use of force when… . Significantly, a defense pursuant to section 776.05 (which does not use the term "immunity"

State of Florida v. Peter Peraza

Court: Fla. | Date Filed: 2018-12-12T23:53:00-08:00

Snippet: because section 776.05 immunity only applies when an officer is making an arrest. § 776.05(1), Fla. Stat…IS LIMITED TO INVOKING A DEFENSE UNDER SECTION 776.()5(1), OR IS ALSO PERMITTED TO SEEK IMMUNITY FROM…Florida’s “Stand Your Ground” law, and under section 776.05, Florida Statutes (2013). After the evidentiary… already provided a defense pursuant to section 776.05, which involves the justifiable use of force when…22. Significantly, a defense pursuant to section 776.05 (which does not use the term “immunity”) is not

STATE OF FLORIDA v. PETER PERAZA

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-30T00:00:00-07:00

Citation: 226 So. 3d 937, 2017 Fla. App. LEXIS 12472

Snippet: must flow from section 776.05. We hold that the specific language of section 776.05, titled “Law enforcement…sections 776.05 and 776.032. See Caamano, 105 So.3d at 22 (“Because sections 776.05 and 776.032…flow from section 776.05[ (1) ]. We hold that the specific language of section 776.05[(1)], titled “Law…officers already are provided a defense under section 776.05(1), Florida Statutes (2013), describing the justifiable…that , is, sections 776.012(1), 776.032(1), and 776.05(1), Florida Statutes (2013). In 2013, section

Heilman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-28T00:00:00-07:00

Citation: 135 So. 3d 513, 2014 Fla. App. LEXIS 4610, 2014 WL 1255319

Snippet: circumstances. § 776.05, Fla. Stat. (2011). Specifically, the court stated that “[bjecause sections 776.05 and 776.032…law enforcement officers. That statute is section 776.05, and it provides that the officer “is justified…emphasis added). The court reasoned that section 776.05 is specifically applicable to cases involving the…officers in making an arrest and, therefore, section 776.05 supplied the justification defense applicable to

State v. Caamano

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-26T00:00:00-07:00

Citation: 105 So. 3d 18, 2012 WL 5275428, 2012 Fla. App. LEXIS 18680

Snippet: section 776.05, the statute specific to law enforcement, the circuit court stripped section 776.05 of meaning…must flow from section 776.05. We hold that the specific language of section 776.05, titled “Law enforcement…the charge, alleging immunity pursuant to section 776.05, Florida Statutes (2010), which provides qualified…prosecuting the defendant. In contrast, section 776.05, titled “Law enforcement officers; use of force…required for certiorari relief. Because sections 776.05 and 776.082 address the use of justifiable force

In Re Standard Jury Instructions in Criminal Cases-Report No. 2009-01

Court: Fla. | Date Filed: 2010-01-07T00:00:00-08:00

Citation: 27 So. 3d 640, 35 Fla. L. Weekly Supp. 1, 2010 Fla. LEXIS 2, 2010 WL 26546

Snippet: ENFORCEMENT OFFICER In making an arrest of a felon. § 776.05, Fla. Stat. Give if applicable. A law enforcement

Buchanan v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-04-28T00:53:00-07:00

Citation: 927 So. 2d 209

Snippet: set forth in section 776.05 of the Florida Statutes. That statute reads: 776.05. Law enforcement officers…felons who have escaped. § 776.05, Fla. Stat. (2005). However, section 776.05 did not apply to the facts

Standard Jury Instructions in Criminal Cases (2003-1)

Court: Fla. | Date Filed: 2004-03-18T00:00:00-08:00

Citation: 869 So. 2d 1205, 29 Fla. L. Weekly Supp. 111, 2004 Fla. LEXIS 417, 2004 WL 524907

Snippet: ENFORCEMENT OFFICER In making an arrest of a felon § 776.05, FlaStat. Give if applicable A law enforcement

Light v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-09-21T00:00:00-07:00

Citation: 796 So. 2d 610

Snippet: self-defense or if Mr. Light committed a new felony. See § 776.05(1), (3), Fla. Stat. (1993). Officer Penix'

Langston v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-04-20T00:53:00-07:00

Citation: 789 So. 2d 1024

Snippet: assailant continues or resumes the use of force. 776.05 Law enforcement officers; use of force in making

Brescher v. Pirez

Court: Fla. Dist. Ct. App. | Date Filed: 1997-04-30T00:53:00-07:00

Citation: 696 So. 2d 370

Snippet: 110 S.Ct. 3218, 110 L.Ed.2d 665 (1990). Section 776.05, Florida Statutes (1983), provided: [A law enforcement

City of Miami v. Sanders

Court: Fla. Dist. Ct. App. | Date Filed: 1996-02-21T00:00:00-08:00

Citation: 672 So. 2d 46

Snippet: from bodily harm while making the arrest." § 776.05(1), Fla.Stat. (1995). The critical factor here,…would render meaningless the defense under Section 776.05(1). See generally Seguine v. City of Miami, 627

Habie v. Krischer

Court: Fla. Dist. Ct. App. | Date Filed: 1994-09-14T00:53:00-07:00

Citation: 642 So. 2d 138

Snippet: prevent death or great bodily injury. Likewise, § 776.05 permits a law enforcement officer to use force

Harris v. Navarro

Court: Fla. Dist. Ct. App. | Date Filed: 1992-05-13T00:00:00-07:00

Citation: 600 So. 2d 1147, 1992 Fla. App. LEXIS 5091, 1992 WL 98817

Snippet: intentional shooting of the decedent. Sections 776.012, 776.05, 933.15, Fla.Stat. (1985). See also Tennessee v

City of Winter Haven v. Allen

Court: Fla. Dist. Ct. App. | Date Filed: 1991-11-08T00:00:00-08:00

Citation: 589 So. 2d 968, 1991 Fla. App. LEXIS 11124, 1991 WL 229790

Snippet: justifiable force in making an arrest under section 776.05, Florida Statutes (1985). If the evidence at a

Lozano v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-06-25T00:53:00-07:00

Citation: 584 So. 2d 19

Snippet: justifiable use of force by a police officer. See § 776.05, Fla. Stat. (1989). Standard jury instructions …arrest, he had no duty to retreat. See, e.g., § 776.05, *25 Fla. Stat. (1989). The given instruction,

In Re Stan. Jury Instr. in Criminal Cases

Court: Fla. | Date Filed: 1989-03-29T23:53:00-08:00

Citation: 543 So. 2d 1205

Snippet: Chapter 87-147, Laws of Florida, amends Section 776.05, Florida Statutes, to redefine justifiable use …or directed to assist him, need not retreat F.S. 776.05 from or stop efforts to make a lawful

City of Winter Haven v. Allen

Court: Fla. Dist. Ct. App. | Date Filed: 1989-03-16T23:53:00-08:00

Citation: 541 So. 2d 128

Snippet: justifiable use of force standard found in section 776.05, Florida Statutes (1985). We find that appellant… justifiable use of force as defined in section 776.05, Florida Statutes (1985). We agree. Appellant specifically…justifiable use of force standard established in section 776.05, Florida Statutes (1987). For the following reasons…justifiable use of force as set forth in section 776.05, Florida Statutes (1985). This court recognized…civil case of the standard established in section 776.05 in City of St. Petersburg v. Reed, 330 So.2d 256