The question as to whether or not police officers, employing deadly force while conducting an arrest were limited to the force permitted by statute in making arrests was recently taken up in an appellate decision out of Florida’s fourth District Court of Appeal. In State v. Peraza, 226 So. 3d 937 (Fla. 4th DCA 2017) the issue as to whether or not a police officer can rely upon the doctrine of “stand your ground” was decided in favor of allowing the police to seek immunity from prosecution under the stand your ground law just the same as a private citizen. As such, police officers can “stand their ground” and not retreat in the defense of themselves or others to prevent “great bodily harm or death” or to stop someone from committing or attempting to commit certain enumerated felonies as well as any other felony which involves the use or threat of physical force or violence against any individual.
Police should no longer have to worry that they face prosecution, in using deadly force, if they comply with the same law involving the elements of stand your ground as any other man or woman on the street.
Denis M. deVlaming