Stand Your Ground Law: Derossett v. State of Florida

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Questions and Answers

What was John Derossett's occupation?

Part-time security guard at Port Canaveral (correct)

Law enforcement officer

Retired police officer

Full-time security guard at Port Canaveral

Why did the undercover deputies attempt to arrest Mary Ellis?

For charges of theft

For charges of prostitution (correct)

For charges of assault

For charges of trespassing

What did John Derossett do when he heard his niece cry for help?

He stayed in his room

He hurried to the front door with his gun (correct)

He called the police

He ran away from the scene

What was the outcome of the exchange of gunfire?

Both John Derossett and Mary Ellis were wounded, and one of the deputies was also severely wounded Signup and view all the answers

Why did the court rule in favor of John Derossett?

Because he proved that he had reason to believe that three unidentified men were abducting Ellis from his home and that deadly force was necessary to prevent the abduction Signup and view all the answers

What is the name of the law that John Derossett sought immunity under?

Stand Your Ground Law Signup and view all the answers

Who had the burden to prove that John Derossett was not entitled to immunity?

The State Signup and view all the answers

What was the outcome of the court's decision regarding John Derossett's use of deadly force?

He was entitled to use deadly force Signup and view all the answers

What is the main importance of deputies identifying themselves as law enforcement officers?

To prevent the use of the Stand Your Ground Law as a defense Signup and view all the answers

What is the requirement for the State to prove in a Stand Your Ground Law case?

Clear and convincing evidence Signup and view all the answers

What is presumed when using defensive force that is intended or likely to cause death or great bodily harm?

A reasonable fear of imminent peril of death or great bodily harm Signup and view all the answers

Under what circumstance is someone presumed to have held a reasonable fear of imminent peril of death or great bodily harm?

When defending against an unlawful and forcible entry Signup and view all the answers

What is not a requirement for the presumption of reasonable fear in the Stand Your Ground Law?

The person was attempting to flee the scene Signup and view all the answers

What is the limitation of the case mentioned in the content?

It is limited to its facts Signup and view all the answers

What is the result of the 2017 amendment to the Stand Your Ground Law?

The law now requires the State to present clear and convincing evidence Signup and view all the answers

What is not a circumstance under which the presumption of reasonable fear applies?

The person was lawfully defending their property Signup and view all the answers

Under which circumstances does the presumption of reasonableness not apply?

When the person using defensive force is engaged in a criminal activity Signup and view all the answers

Who is exempt from the presumption of reasonableness?

Law enforcement officers who enter a dwelling in the performance of their official duties Signup and view all the answers

What is true about the contents of this document?

It is directed to employees of BSO and does not modify or affect BSO's adopted policies and procedures Signup and view all the answers

What should individuals or administrative agencies seeking legal advice do?

Seek guidance from their own attorney Signup and view all the answers

What is possible with regard to court decisions cited in this document?

They may be updated, modified or overruled by other future court decisions Signup and view all the answers

What is true about the relationship between the person using defensive force and the law enforcement officer?

The person using defensive force must reasonably know or know that the person entering is a law enforcement officer Signup and view all the answers

Study Notes

Derosssett v. State of Florida Case

In August 2015, undercover deputies attempted to arrest John Derossett's niece, Mary Ellis, on charges of prostitution at Derossett's home in Brevard County.
Deputies contacted Ellis at the front door, and a struggle ensued between Ellis and the deputies.
Derossett heard Ellis cry for help and hurried to the front door with his gun, firing a warning shot into the air.
The three deputies immediately returned fire, and Derossett fired back, with over 40 rounds exchanged.
Derossett and Ellis were both struck by gunfire, and one deputy was severely wounded.
Derossett claimed he was unaware that the three men at his door were law enforcement officers until he was taken into custody.

Stand Your Ground Law

In 2017, the Florida Legislature amended the Stand Your Ground Law to require the State to present clear and convincing evidence that a suspect was not entitled to statutory immunity.
A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another.
This presumption applies if the person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle.

Important Considerations for Law Enforcement

Deputies must clearly identify themselves as law enforcement officers, particularly if they are not in uniform, when making an arrest.
Failure to do so may lead to a suspect being entitled to use deadly force in self-defense, as in the Derosssett v. State of Florida case.

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Quiz about the Derossett v. State of Florida case, reviewing the Stand Your Ground law and its implications on law enforcement. Test your knowledge on this crucial legal issue.