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Florida Statute 870.05 | Lawyer Caselaw & Research
F.S. 870.05 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 870.05

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 870
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES
View Entire Chapter
F.S. 870.05
870.05 When killing excused.If, by reason of the efforts made by any of said officers or by their direction to disperse such assembly, or to seize and secure the persons composing the same, who have refused to disperse, any such person or other person present is killed or wounded, the said officers and all persons acting by their order or under their direction, shall be held guiltless and fully justified in law; and if any of said officers or any person acting under or by their direction is killed or wounded, all persons so assembled and all other persons present who when commanded refused to aid and assist said officer shall be held answerable therefor.
History.s. 6, ch. 1637, 1868; RS 2410; GS 3243; RGS 5076; CGL 7178.

F.S. 870.05 on Google Scholar

F.S. 870.05 on Casetext

Amendments to 870.05


Arrestable Offenses / Crimes under Fla. Stat. 870.05
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 870.05.



Annotations, Discussions, Cases:

Cases from cite.case.law:

L. SZEINBACH, v. OHIO STATE UNIVERSITY,, 758 F. Supp. 2d 448 (S.D. Ohio 2010)

. . . . • Require a human resources course (HSMP 870.05) which is a two credit hour course, currently taught . . .

CLEVELAND, v. CITY OF MIAMI, a, 263 So. 2d 573 (Fla. 1972)

. . . Section 870.05, F.S.A., the cause would have to be remanded for new trial because the trial court refused . . . and (2) if so, then whether, notwithstanding the broad grant of legal justification in § 870.05 F.S. . . . Section 870.05, F.S.A. is not applicable as a matter of law as the District Court holds. . . . Section 870.05, F.S.A. can be used to absolve a policeman of liability for a death it must be shown to . . . The trial judge concluded as a matter of law Section 870.05 did not ipso facto settle the evidentiary . . .

CITY OF MIAMI, a v. CLEVELAND,, 250 So. 2d 298 (Fla. Dist. Ct. App. 1971)

. . . The preliminary question presented in this case is whether the provision of § 870.05 Fla.Stat., F.S.A . . . Section 870.05 provides that if a member of such an assembly or other person present is killed or wounded . . . The further wording in § 870.05, that for such action the officers shall be held “fully justified in . . . The grant of legal justification by § 870.05 must be read in connection with the duties imposed on the . . . We have dealt at length with the scope and effect of §§ 870.04 and 870.05 because the precise questions . . .