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

Snippet: immunity under section 870.05, Florida Statutes (2018). We hold that section 870.05 is not an immunity statute…answerable therefor. § 870.05, Fla. Stat. (2018) (emphasis supplied). Section 870.05 uses language consistent…court viewed section 870.05 as a defense at trial. Nothing in section 870.05 suggests a legislative…2018), and immunity from prosecution under section 870.05, Florida Statutes (2018), which justifies an officer…creates a defense available at trial. Section 870.05 must be read in conjunction with section 870.04

Wehrheim v. GOLDEN POND ASSISTED LIVING

Court: Fla. Dist. Ct. App. | Date Filed: 2005-07-01T00:00:00-07:00

Citation: 905 So. 2d 1002

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 1994-05-10T00:53:00-07:00

Snippet: privileges, protection, and benefits of ss.112.19 and 870.05). Florida Attorney General Reports flaag

Hollywood Beach Hotel Co. v. City of Hollywood

Court: Fla. | Date Filed: 1976-01-20T23:53:00-08:00

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: Fla. | Date Filed: 1972-05-26T00:53:00-07:00

Citation: 263 So. 2d 573

Snippet: of Miami requested a jury instruction on Section 870.05, Florida Statutes, F.S.A., contending the section… District. That Court reversed, holding Section 870.05, Florida Statutes, F.S.A., applicable and concluding…the death were not justified under F.S. Section 870.05, F.S.A., the cause would have to be remanded for… issue, i.e., the applicability of F.S. Section 870.05, F.S.A., to civil cases, and because it felt its…or injured, does the provision of the statute (§ 870.05 F.S. [F.S.A.]) that for such actions the officers

City of Miami v. Cleveland

Court: Fla. Dist. Ct. App. | Date Filed: 1971-06-29T00:00:00-07:00

Citation: 250 So. 2d 298

Snippet: section, 870.05. We have dealt at length with the scope and effect of §§ 870.04 and 870.05 because the…presented in this case is whether the provision of § 870.05 Fla.Stat., F.S.A., that such officers shall be …take into custody the persons involved.1 Section 870.05 provides that if a member of such an assembly or…liability, is contrary to the clear wording of § 870.05, and operates to give the statute the effect of…guilty” [of the tort]. The further wording in § 870.05, that for such action the officers shall be held