Supreme Court of Florida

State of Florida, Petitioner v. Peter Peraza, Respondent.

December 13, 2018259 So. 3d 728

Summary

The court held that a law enforcement officer may invoke Stand Your Ground immunity when using force during a lawful arrest. Because the immunity statute applies to any person who uses force permitted by the self-defense statute, and no statute negates that protection for officers, Deputy Peraza was entitled to a pretrial immunity determination and dismissal of the prosecution. The court approved the Fourth District's decision and disapproved the conflicting Second District decision.