Civil suit? Florida Specific
This is a discussion on Civil suit? Florida Specific within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Right, as NC Bullseye points out, here in FL you are protected against civil suits provided that your use of a firearm was determined to ...
June 23rd, 2012 07:27 AM
Right, as NC Bullseye points out, here in FL you are protected against civil suits provided that your use of a firearm was determined to be legal. This was explained in detail in the CCW course I took.
The Castle doctrine, or "stand your ground" framework that's in place has come under scrutiny in the wake of the Zimmerman shooting, and a commission is currently reviewing the law. Watch developments with that closely, and assume that your local authorities will be extra sensitive with regard to self defense.
"It may seem difficult at first, but everything is difficult at first."
June 23rd, 2012 07:43 AM
I have, but it's been awhile. Guess I need a refresher
Originally Posted by darbo
Ron Paul 2012
There are three kinds of Yankees: Yankees, Damn Yankees, and Floridians
June 23rd, 2012 06:50 PM
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
And that is the reason Zimmerman wasn't arrested on the spot, not until an "alleged" investigation ran its course.
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June 23rd, 2012 07:09 PM
........ and a "SPECIAL" States Attorney was appointed when the Governor didn't like the call of the first States Attorney who reviewed the case.
Originally Posted by OldVet
"There is a secret pride in every human heart that revolts at tyranny. You may order and drive an individual, but you cannot make him respect you." William Hazlitt (1778 - 1830)
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June 23rd, 2012 07:10 PM
Originally Posted by oldrwizr
Originally Posted by JD
^^^^^^^^^^^Michigan is one of them^^^^^^^^^^^
Here is how they read FOR MICHIGAN!!!!!!!!!!!!!
Effect on the Common Law
In circumstances not addressed in the Act, the common law of self-defense still applies with one exception: There is no longer a duty to retreat when a person is “in his or her own dwelling or within the curtilage of that dwelling.” This exception applies even in cases where the rest of the Act doesn’t apply (PA 313).
A person who uses force in accordance with the Act is immune from civil liability for damages caused by the use of such force (PA 314). Additionally, courts must award attorney fees and costs to an individual who has been sued for using force and the court finds that the force was in accordance with the Act (PA 312).
Under the Act (PA 310), no crime has been committed when a person uses force as authorized. If a prosecutor believes that the force is not justified, he or she must provide evidence that the force used was not in accordance with the Act. Such evidence must be presented at the time of warrant issuance, preliminary examination, and trial.
Effect on Law Enforcement
The overall effect of the Act on police practice is minimal. Officers should still process suspected crime scenes as in the past. However, because of the duty imposed upon prosecutors by PA 310, officers should immediately consult with their prosecutor when investigating a case where self-defense has been claimed by the suspect or where the circumstances indicate that such a defense might be used at trial.
In the absence of guidance from a prosecutor, officers should attempt to gather circumstantial or direct evidence that might show that use of force was unjustified, i.e., the circumstances listed in PA 309 did not exist.
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