STATE OF FLORIDA, APPELLANT,
v.
ROBERT NMN GIDDENS, APPELLEE
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DIAMANTIS, Judge.
We reverse the trial court’s order entering a judgment of acquittal notwithstanding the jury verdict, which found the defendant guilty of the offense of resisting an officer with violence. See § 843.01, Fla.Stat. (1991). The trial court entered the order based on its post-trial finding that the officer’s stop and detention of the defendant was illegal.
We conclude that this was error because the defendant was not privileged to use force against the law enforcement officer even if the officer was attempting to effect an illegal arrest. State v. Gilchrist, 458 So. 2d 1200, 1201 (Fla. 5th DCA 1984); § 776.051(1), Fla. Stat. (1991). See also Jones v. State, 570 So. 2d 433 (Fla. 5th DCA 1990) (affirming defendant’s conviction for battery on law enforcement officer even though officer’s initial stop and detention of defendant was illegal).
Accordingly, we reverse the trial court’s order and remand this cause for reinstatement of the jury verdict and for sentencing.
REVERSED and REMANDED.
W. SHARP and PETERSON, JJ., concur.
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Citator
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Tillman v. State, 807 So. 2d 106 (Fla. 5th DCA 2002)…81), quoting Lowery v. State, 356 So. 2d 1325 (Fla. 4th DCA 1978). We have extended the above rule to cover the crime of battery on a law enforcement officer, and to apply to illegal stops, detentions and even illegal contacts. See State v. Giddens, 633 So. 2d 503 (Fla. 5th DCA 1994) and State v. Gilchrist, 458 So. 2d 1200 (Fla. 5th DCA 1984). See also, State v. Roux, 702 So. 2d 240 (Fla. 5th DCA 1997), and Jones v. State, 570 So. 2d 433 (Fla. 5th DCA 1990) (no technically illegal arrest in Roux — agent simpl…
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State v. Davis, 652 So. 2d 942 (Fla. 5th DCA 1995)…Davis’ arrest by Deputy Reston was admittedly unlawful because it lacked sufficient grounds. However, Davis was not privileged to use force or offer to do so, against a law enforcement officer, even if the arrest were illegal. See State v. Giddens, 633 So. 2d 503 (Fla. 5th DCA 1994); Bradford v. State, 567 So. 2d 911 (Fla. 1st DCA 1990) rev. denied, 577 So. 2d 1325 (Fla.1991); Wallace v. State, 557 So. 2d 212 (Fla. 2d DCA 1990); State v. Gilchrist458 So. 2d 1200 (Fla. 5th DCA 1984). In this case, the undisp…
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Fernandez v. City of Cooper City, 207 F. Supp. 2d 1371 (S.D. Fla. 2002)…ment officer is unlawful notwithstanding the technical illegality of the arrest.” Tillman v. State, 807 So.2d 106, 108-09 (Fla. 5th DCA 2002) (quoting State v. Barnard, 405 So.2d 210 (Fla. 5th DCA 1981)); see also State v. Giddens, 633 So.2d 503, 503 (Fla. 5th DCA 1994). The Tillman court predicated this conclusion on Fla. Stat. § 776.051(1), which makes clear that “[a] person is not justified in the use of force to resist an arrest by a law enforcement officer who is known, or reason…
Authorities Cited
- Jones v. State, 570 So. 2d 433 (Fla. 5th DCA 1990)
- State v. Gilchrist, 458 So. 2d 1200 (Fla. 5th DCA 1984)