State v. Peraza

The Supreme Court answered a question certified to it by the Fourth District Court of Appeal by holding that law enforcement officers are eligible to assert Stand Your Ground immunity under Fla. Stat. 776.012(1) and 776.032(1), as held by the Fourth District.After being indicted for manslaughter with a firearm, Deputy Peter Peraza of the Broward County Sheriff’s Office moved to dismiss the indictment, citing immunity from prosecution under sections 776.012(1) and 776.032(1), Florida’s Stand Your Ground law. The judge granted Paraza’s motion to dismiss based upon Stand Your Ground immunity. On appeal, the State argued that law enforcement officers are not eligible to assert immunity pursuant to the Stand Your Ground law because they are already provided a defense pursuant to Fla. Stat. Ann. 776.05, which involves the justifiable use of force when making a lawful arrest. The Fourth District court held that a police officer making a lawful arrest may claim Stand Your Ground immunity. The Supreme Court affirmed, holding that law enforcement officers are eligible to assert Stand Your Ground immunity, even when the use of force occurred in the course of making a lawful arrest. View "State v. Peraza" on Justia Law