Florida Statute 870.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 870
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES

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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 Citing Statute 870.05

Total Results: 6

CHRISTOPHER KRICKOVICH v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-02-09

Snippet: (2018), and immunity from prosecution under section 870.05, Florida Statutes (2018), which justifies an officer’s

Wehrheim v. GOLDEN POND ASSISTED LIVING

Court: District Court of Appeal of Florida | Date Filed: 2005-07-01

Citation: 905 So. 2d 1002, 2005 Fla. App. LEXIS 10133, 2005 WL 1537448

Snippet: testator preferring the old will to intestacy. Id. at 870.[5] The doctrine creates a "rebuttable presumption

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-05-10

Snippet: privileges, protection, and benefits of ss.112.19 and 870.05).

Hollywood Beach Hotel Co. v. City of Hollywood

Court: Supreme Court of Florida | Date Filed: 1976-01-21

Citation: 329 So. 2d 10

Snippet: (1963). [4] City of Hollywood, supra, at 868-870. [5] Webster's Third New International Dictionary

Cleveland v. City of Miami

Court: Supreme Court of Florida | Date Filed: 1972-05-26

Citation: 263 So. 2d 573

Snippet: of Miami requested a jury instruction on Section 870.05, Florida Statutes, F.S.A., contending the section

City of Miami v. Cleveland

Court: District Court of Appeal of Florida | Date Filed: 1971-06-29

Citation: 250 So. 2d 298, 1971 Fla. App. LEXIS 6266

Snippet: presented in this case is whether the provision of § 870.05 Fla.Stat., F.S.A., that such officers shall be