Siding with a Broward County sheriff’s deputy who fatally shot a man, the Florida Supreme Court on Thursday unanimously ruled that law-enforcement officers can use the state’s “stand your ground” self-defense law to be shielded from prosecution…
…In an 11-page opinion, Justice Alan Lawson wrote that two parts of the controversial “stand your ground” law make clear that a “person” is justified in using deadly force and does not have a duty to retreat if that person believes it is necessary to prevent death or great bodily harm.
“Because these statutes plainly and unambiguously afford Stand Your Ground immunity to any ‘person’ who acts in self-defense, there should be no reason for further analysis,” Lawson wrote, going on to cite an earlier court case and a dictionary definition. “Put simply, a law enforcement officer is a ‘person’ whether on duty or off, and irrespective of whether the officer is making an arrest. Although neither of the two statutes defines the word ‘person,’ it must be given its ‘plain and ordinary meaning.’ In common understanding, ‘person’ refers to a ‘human being,’ which is not occupation-specific and plainly includes human beings serving as law enforcement officers.”
Florida police officers can use ‘stand your ground’ defense to avoid prosecution, court rules
I did not know about the case. In every court instances and appeals the State, lost including the Florida Supreme Court.
What was supposed to be a simple Immunity From Prosecution case, managed to get the Stand Your Ground part included in the Supreme Court decision. and for once I believe it favors us greatly.
First: it gives the law gravitas from a legal standpoint. This reduces the false idea that this was a bad law written by the NRA but a law that it may not be bad after all since every court decided in favor of the defendant. Add it as a third leg on the argument: 1) There are at least three SCOTUS decision in favor of SYG. 2) For being such a bad law, nobody has dared to take it and challenge it in Federal Court and now 3) The Florida Supreme Court looks kindly upon it.
Second: I can say that if there were any cops in the State of Florida reluctant to accept Stand Your ground and Immunity From Prosecution, I can almost guarantee you there will be a lot less after the word of this SCOFL decision spread over the state. That means we get firm allies on our side as nobody is dumb to reject what may keep him/her out of jail and out of the Poor House.
OK, at least that is what I think will be the “consequences” of this decision. Feel free to give us your thoughts in the comments.
As usual read the original documents. Here is a copy of Florida v. Peraza December 13, 2018.
“Although neither of the two statutes defines the word ‘person,’ it must be given its ‘plain and ordinary meaning.’ ”
AMAZING.
So why can’t the FLSC see and use the plain and ordinary meaning of “shall NOT be infringed” in an enumerated Constitutionally protected right? HMMMMM???
Imagine that, a sworn law enforcement officer is to be treated as a person, that must really frost the people that portray them all as NAZIS.
Should get interesting the first time one of those newly hired school officers claims coverage.
“Imagine that, a sworn law enforcement officer is to be treated as a person, that must really frost the people that portray them all as NAZIS.”
…or “jack-booted thugs,” amirite, George?
For the political opponents of SYG and armed self defense in general, this blows their boat out of the water.
The LE officers will now be firm proponents of your state law and their and their Union’s support can be leveraged in your legislature so that its chances of being repealed become extremely remote.
So much the better for the normal average law abiding citizenry and too bad for the county PA/DAs who have lost a club in their bag of persecution tricks (no that’s not misspelled)
Of course, each session some proggie will submit such legislation for their own political grandstanding to their voting base, but it will go nowhere.