Legal Question in Criminal Law in Florida
Under Florida Statute 776.051, is it legal to resist, evade, and/or use self defense when an officer is threatening a citizen and/or using force to make an arrest not in good faith?
Asked on 6/02/20, 6:01 am
1 Answer from Attorneys
Eric Trabin
Lucid Legal, PLLC
It is not illegal to resist an officer WITHOUT VIOLENCE if the officer is making an unlawful arrest or issuing an unlawful command. However, such actions would not prevent the person from getting arrested. Rather, such a defense would probably have to be litigated during a motion to suppress or in trial.
Answered on 6/02/20, 6:42 am
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