JAMES LEE AGERTON, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Benjamin v. State, 462 So. 2d 110 (Fla. 5th DCA 1985)
  …776.0512; the end result being that the use of force in resisting an arrest by a person reasonably known to be a law enforcement officer is unlawful notwithstanding the technical illegality of the arrest. [*112] Id. at 210. See also, Davis v. State, 381 So. 2d 285 (Fla. 1st DCA 1980); Lowery v. State, 356 So. 2d 1325 (Fla. 4th DCA 1978). Thus it becomes unnecessary for the State to prove the lawfulness of the arrest where the charge is brought under section 843.01, resisting arrest with violence. Because an…
• Smith v. State, 399 So. 2d 70 (Fla. 5th DCA 1981)
  …ourt, by reason of its in limine ruling and subsequent jury instructions, deprived the jury of the right to pass on the issue of the legality of the arrest.2 If the arrest were illegal, it could be lawfully resisted without violence. Davis v. State, 381 So. 2d 285 (Fla. 1st DCA 1980); Lowery v. State, 356 So. 2d 1325 (Fla. 4th DCA 1978). In effect, the trial court directed a verdict on this issue during the course of trial. This was error. Accordingly, we reverse and remand for a new trial on Count Three of…
• K.Y.E. v. State, 557 So. 2d 956 (Fla. 1st DCA 1990)
  …a. 1st DCA 1983), section 776.051, Florida Statutes (1989), the common law rule still remains that a person may lawfully resist an illegal arrest without using any force or violence. Smith v. State, 399 So. 2d 70 (Fla. 5th DCA 1981); Davis v. State, 381 So. 2d 285 (Fla. 1st DCA 1980); Morley v. State, 362 So. 2d 1013 (Fla. 1st DCA 1978); Lowery v. State, 356 So. 2d 1325 (Fla. 4th DCA 1978); Marshall v. State, 354 So. 2d 107 (Fla. 2d DCA 1978). Accordingly, we REVERSE the conviction for breach of the peace an…

Authorities Cited

• State of Fla. ex rel. Robert L. Shevin v. The Dist. Court OF Appeal of Fla., 316 So. 2d 50 (Fla. 1975)