SYG can apply to shooting LE

[tector]

This is a pretty fascinating case.

https://www.palmbeachpost.com/news/2020 ... y-shooting

It will be interesting to see if they appeal to the Florida Supreme Court. Right now this ruling is only binding in the 5th DCA. If the government appeals and loses, then it is binding on the whole state.

[Tenzing_Norgay]

776.013 Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm.—
(3) The presumption set forth in subsection (2) does not apply if:
(d) The person against whom the defensive force is used or threatened is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself 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.

[flcracker]

DeRossett opened fire at deputies conducting the arrest of his niece on a prostitution charge.

Pics of niece?

[Cubanstang50]

DeRossett opened fire at deputies conducting the arrest of his niece on a prostitution charge.

Pics of niece?

[tector]

Here's the actual opinion (PDF):

https://www.5dca.org/pre_opinion_conten ... oad/633846

[Wakko]

Pics of niece?

47 year old called "The Cougar."

[lilwoody]

 "Knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer."

Very important line in the statue. If this is what it takes to stop handing no knock warrants out like car wash coupons at the flea market then so be it.

[Legio]

776.013 Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm.—
(3) The presumption set forth in subsection (2) does not apply if:
(d) The person against whom the defensive force is used or threatened is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself 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.

So if they entered the wrong house, they're fair game.

[Wakko]

 "Knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer."

Very important line in the statue. If this is what it takes to stop handing no knock warrants out like car wash coupons at the flea market then so be it.

Florida hasn’t allowed NK warrants in decades. There HAVE been a few high profile cases of the wrong address, but most agencies have implemented policies with redundancies to verify and re-verify the address. Assuming, of course, that those policies are followed.

[photohause]

DeRossett spent nearly five years at the Brevard County Jail Complex in Sharpes as he awaited a trial. He was allowed to leave on bond in March.

DeRossett spent nearly five years at the Brevard County Jail Complex in Sharpes as he awaited a trial. He was allowed to leave on bond in March.


DeRossett spent nearly five years at the Brevard County Jail Complex in Sharpes as he awaited a trial. He was allowed to leave on bond in March.

YES-I had to post this three times!