Florida Statutes
Fla. Stat. § 776.07 (2025)
Use of force to prevent escape.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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776.07 Use of force to prevent escape.—
(1) A law enforcement officer or other person who has an arrested person in his or her custody is justified in the use of any force which he or she reasonably believes to be necessary to prevent the escape of the arrested person from custody.
(2) A correctional officer or other law enforcement officer is justified in the use of force, including deadly force, which he or she reasonably believes to be necessary to prevent the escape from a penal institution of a person whom the officer reasonably believes to be lawfully detained in such institution under sentence for an offense or awaiting trial or commitment for an offense.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1982–2025 · leading case: In Re Stand. Jury Instructions in Crim. Cases-Report No. 2009-01, 27 So. 3d 640 (Fla. 2010).
In Re Stand. Jury Instructions in Crim. Cases-Report No. 2009-01, 27 So. 3d 640 (Fla. 2010). “§ 776.07(1), Fla. Stat. Give if applicable.”
Stand. Jury Instructions in Crim. Cases (2003-1), 869 So. 2d 1205 (Fla. 2004). “d in the use of any force if U — the—officer—reasonably—believes that — the fleeing felon poses — a threat of death or serious physical harm to the officer-or others;-or- 2, — the—officer—reasonably—believes that the-fleeing-felon has committed a crime involv-ing-the-infliction…”
Heilman v. State, 135 So. 3d 513 (Fla. 5th DCA 2014). “However, with the exception of section 776.07(2), Florida Statutes (2011), which only applies to a correctional officer’s use of force in a case involving escape, there is no specific statute in chapter 776 that similarly supplies a justification defense for a correctional…”
The Florida Bar Re: Stand. Jury Instructions Crim. Cases, 477 So. 2d 985 (Fla. 1985). “To prevent A guard or other law enforcement officer escape from is justified in the use of any force penal that he reasonably believes to be necessary institution to prevent an escape from a penal F.S. 776.07(2) institution of a person the officer Give if reasonably believes is…”
William D. Cobb v. Louie L. Wainwright, Sec'y, Dep't of Offender Rehab., 666 F.2d 966 (5th Cir. 1982). “And, Fla.Stat. § 776.07 (1975) specifies the level of force a law enforcement officer or other person can use to prevent an escape, stating (1) A law enforcement officer or other person who has an arrested person in his custody is justified in the use of any force which he…”
Buchanan v. State, 927 So. 2d 209 (Fla. 5th DCA 2006). “He further argued that, in addition to the common law privilege, the Florida Statutes authorized him to use any force which he deemed reasonable to apprehend Brinson, citing to section 776.07 of the Florida Statutes (2005) to support this claim.”
Nelson v. Howell, 455 So. 2d 608 (Fla. 2d DCA 1984). “We do not agree with the appellee’s argument that § 776.07, Fla.Stat. (1983) provides statutory authority for the use of force by a private citizen to prevent an alleged felon’s escape from the citizen’s custody.”
Raulerson v. State of Florida (Fla. 1st DCA 2025). “See § 776.07(1), Fla. Stat. (providing for justified use of force when a “law enforcement officer or other person who has an arrested person in his or her custody” and he “reasonably believes” the force “to be necessary to prevent the escape of the arrested person from custody”).”
— 776.07(1) — 4 cases
In Re Stand. Jury Instructions in Crim. Cases-Report No. 2009-01, 27 So. 3d 640 (Fla. 2010). “§ 776.07(1), Fla. Stat. Give if applicable.”
Stand. Jury Instructions in Crim. Cases (2003-1), 869 So. 2d 1205 (Fla. 2004). “d in the use of any force if U — the—officer—reasonably—believes that — the fleeing felon poses — a threat of death or serious physical harm to the officer-or others;-or- 2, — the—officer—reasonably—believes that the-fleeing-felon has committed a crime involv-ing-the-infliction…”
Buchanan v. State, 927 So. 2d 209 (Fla. 5th DCA 2006). “He further argued that, in addition to the common law privilege, the Florida Statutes authorized him to use any force which he deemed reasonable to apprehend Brinson, citing to section 776.07 of the Florida Statutes (2005) to support this claim.”
Raulerson v. State of Florida (Fla. 1st DCA 2025). “See § 776.07(1), Fla. Stat. (providing for justified use of force when a “law enforcement officer or other person who has an arrested person in his or her custody” and he “reasonably believes” the force “to be necessary to prevent the escape of the arrested person from custody”).”
— 776.07(2) — 4 cases
Heilman v. State, 135 So. 3d 513 (Fla. 5th DCA 2014). “However, with the exception of section 776.07(2), Florida Statutes (2011), which only applies to a correctional officer’s use of force in a case involving escape, there is no specific statute in chapter 776 that similarly supplies a justification defense for a correctional…”
The Florida Bar Re: Stand. Jury Instructions Crim. Cases, 477 So. 2d 985 (Fla. 1985). “To prevent A guard or other law enforcement officer escape from is justified in the use of any force penal that he reasonably believes to be necessary institution to prevent an escape from a penal F.S. 776.07(2) institution of a person the officer Give if reasonably believes is…”
In Re Stand. Jury Instructions in Crim. Cases-Report No. 2009-01, 27 So. 3d 640 (Fla. 2010). “§ 776.07(1), Fla. Stat. Give if applicable.”
Stand. Jury Instructions in Crim. Cases (2003-1), 869 So. 2d 1205 (Fla. 2004). “d in the use of any force if U — the—officer—reasonably—believes that — the fleeing felon poses — a threat of death or serious physical harm to the officer-or others;-or- 2, — the—officer—reasonably—believes that the-fleeing-felon has committed a crime involv-ing-the-infliction…”
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