STATE OF FLORIDA, PETITIONER,
v.
LEON NORMAN BURGESS, RESPONDENT

Fla. | 1976-01-07
No. 47477
ADKINS, C. J., and OVERTON, ENGLAND, SUNDBERG and HATCHETT, JJ., concur.
326 So. 2d 441 Florida Supreme Court (1976) Positive Treatment
Cited by 14 cases
Topics
Resisting Arrest With Violence Unlawful Arrest Resisting Arrest Without Violence

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Opinion of the Court
BOYD, Judge.

BOYD, Judge.

As authorized by Article V, Section 3(b)(3), Florida Constitution, this matter came to this Court as a certified question of great public interest.1

The question is as follows:

“May one forcefully resist an unlawful arrest by a person whom he knows or has reason to know to be an authorized police officer ?”

The record shows Respondent was charged with resisting arrest with violence but submitted a nolo contendere plea to a lesser offense of resisting arrest without violence. Since the guilty plea was accepted by the court to a lesser offense, we deem it inappropriate to issue our opinion in response to the certified question relating to resisting arrest with violence.

Accordingly, we respectfully decline to answer the question propounded by the District Court.

It is so ordered.

ADKINS, C. J., and OVERTON, ENGLAND, SUNDBERG and HATCHETT, JJ., concur. . 313 So. 2d 479 (Fla.App.1975).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • State v. Saunders, 339 So. 2d 641 (Fla. 1976)
    …ense. At that time, Florida law permitted citizens forcibly to resist unlawful arrests. Alday v. State, 57 So. 2d 333 (Fla.1952); Gay v. State, 147 Fla. 690, 3 So. 2d 514 (1941); Burgess v. State, 313 So. 2d 479 (Fla. 2d DCA 1975) merits not reached 326 So. 2d 441 (Fla.1976); English v. State, 293 So. 2d 105 (Fla. 1st DCA 1974); Smith v. State, 292 So. 2d 69 (Fla. 3rd DCA 1974) cert. den. 297 So. 2d 570 (Fla.1974); Kishel v. State, 287 So. 2d 414 (Fla. 4th DCA 1974). The rule was stated in Phillips v. State,…
  • Ivester v. State, 398 So. 2d 926 (Fla. 1st DCA 1981)
    …sue of defending against a charge of resisting arrest with violence in self-defense has never been addressed with any finality in Florida. The appellant cites Burgess v. State, 313 So. 2d 479, 483 n. 4 (Fla. 2d DCA 1975) certified question dismissed 326 So. 2d 441 (Fla.1976) reh. denied. Burgess stands for the proposition that no individual has the right to use force in resisting arrest, unless he apprehends bodily harm. While we agree that this rule of law is correct, Section 776.051(1), Florida Statutes, wa…
  • Steele v. State, 537 So. 2d 711 (Fla. 5th DCA 1989)
    …a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. . Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). . See Burges v. State, 313 So. 2d 479, 481 (Fla. 2d DCA 1975), certified question dismissed, 326 So. 2d 441 (Fla.1976).…

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