Legal Opinion

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Florida Attorney General Reports

Decided August 24, 1976Published

1Opinion of the Court

QUESTIONS: 1. Does the term "felon" as used in s. 776.05, F. S., refer only to a person who has actually been convicted of a felony? 2. If the answer to question 1 is in the negative, may the term be applied to anyone whom the arresting officer has reason to believe has committed a felony when the use of force is necessary to effect an arrest? 3. Is the phrase "fleeing from justice" applicable to a setting where a police officer, after having identified himself as such and ordered an individual reasonably believed to have committed a felony to halt, uses necessary force, including deadly…

2Cases cited16 opinions

  1. Flozell Jones, Administrator of the Estate of Dennis Jones v. Keith MarshallCourt of Appeals for the Second Circuit · 1975
  2. Robert Dean Mattis, M.D. v. Patrolman Richard R. SchnarrCourt of Appeals for the Eighth Circuit · 1974
  3. Schumann v. McGinnSupreme Court of Minnesota · 1976
  4. MacK v. StateSupreme Court of Delaware · 1973
  5. Dixon v. StateSupreme Court of Florida · 1931

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