870.05

When killing excused.

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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.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 1971–2023 · leading case: Cleveland v. City of Miami

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Cleveland v. City of Miami (1972) fla · cites it 14× “At trial, the defendant City of Miami requested a jury instruction on Section 870.05, Florida Statutes, F.S.A., contending the section absolved it from liability for Cleveland's death.”

City of Miami v. Cleveland (1971) fladistctapp · cites it 10× “The preliminary question presented in this case is whether the provision of § 870.05 Fla.Stat., F.S.A., that such officers shall be held guiltless and fully justified in law for a killing or wounding in dispersing or quelling an unlawful or riotous assembly, applies to criminal…”

CHRISTOPHER KRICKOVICH v. STATE OF FLORIDA (2022) fladistctapp · cites it 14× “§ 870.05, Fla. Stat. (2018) (emphasis supplied).”

People of Michigan v. Daniel Joseph Debono (2023) michctapp · cites it 2× “Fla Stat 870.05 provides: 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,…”

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