Stand Your Ground Review (Florida, 2020) PDF

LEGAL ALERT INFORMATION FROM THE OFFICE OF THE GENERAL COUNSEL May 4, 2020 STAND YOUR GROUND: OFFICERS MUST CLEARLY IDENTIFY AS LAW ENFORCEMENT DEROSSETT v. STATE OF...

LEGAL ALERT INFORMATION FROM THE OFFICE OF THE GENERAL COUNSEL May 4, 2020 STAND YOUR GROUND: OFFICERS MUST CLEARLY IDENTIFY AS LAW ENFORCEMENT DEROSSETT v. STATE OF FLORIDA, 5th District Court of Appeals, April 15, 2020. Review case here: http://www.5dca.org/content/download/633846/7202085/file/190802_DC03_04152020_1… Facts: In this case, John Derossett, a sixty-five-year-old retiree, owned a home in Brevard County. Derossett’s adult niece, Mary Ellis, lived with him in his home. He had no criminal record, worked part-time as a security guard at Port Canaveral, and lawfully possessed a concealed weapons permit. In August 2015, undercover deputies attempted to arrest Derossett’s niece, Ellis, on charges of prostitution committed at Derossett’s house. 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. Derossett raised the gun, called out to the men, and fired a warning shot into the air. The three deputies immediately returned fire, and Derossett fired back. In total, more than forty rounds were exchanged. Derossett and Ellis were both struck by gunfire. One of the deputies was also severely wounded. According to Derossett, he was unaware that the three men at his door were law enforcement officers until he was taken into custody. Derossett was charged with attempted first degree murder of a law enforcement officer and sought immunity from prosecution under Florida’s “Stand Your Ground” law. Issue: Was Derossett entitled to use deadly force? Holding: Yes. Derossett 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. The State had the burden to prove that he was not entitled to the immunity and failed to do so. DEPUTIES MUST CLEARLY IDENTIFY THEMSELVES AS LEO Practical Note: This case should not be read to mean that a suspect may evade criminal charges when deadly force is used against officers by asserting the Stand Your Ground Law as a defense. The case is limited to its facts. It does, however, reinforce the need for deputies to clearly identify themselves as law enforcement officers, particularly if they are not in uniform, when making an arrest.  STAND YOUR GROUND REVIEW: The Florida Legislature amended the Stand Your Ground Law in 2017 to require the State to present clear and convincing evidence that a suspect was not entitled to this statutory immunity. A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if: a) 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, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and b) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred. However, the presumption of being in reasonable fear of imminent death or great bodily harm under § 776.013(1) is not absolute. Section 776.013(2)(c)-(d), Fla. Stat., states that this presumption does not apply if (c) the person who uses or threatens to use defensive force is engaged in a criminal activity or is using a dwelling to further a criminal activity; or (d) the person against whom the defensive force is used or threatened is a law enforcement officer who enters or attempts to enter a dwelling in the performance of his official duties, and the officer identified himself in accordance with any applicable law, or the person using or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer. The contents of this document are directed to employees of Broward Sheriff Office (BSO) and in no way modify or affect BSO’s adopted policies and procedures. Cases cited herein may be updated, modified or overruled by other future court decisions. Individuals or administrative agencies seeking legal advice should refer to their own attorney for guidance concerning their particular situation