Barbara J. Pariente C. Alan Lawson Charles T. Canady Eric Schwartzreich Florida Supreme Court guns/ weapons/ firearms Jorge Labarga Melanie Surber Peggy A. Quince police officers/law enforcement police-involved shooting R. Fred Lewis Ricky Polston Stand Your Ground Law
Deputy Peter Peraza, while on duty as a law enforcement officer responding to an emergency disturbance call encountered a man walking down the street with an air rifle which appeared to be a firearm. The man failed to obey the officers’ commands to drop the weapon and pointed the weapon toward officers before being shot and killed. The State of Florida charged Deputy Peraza with manslaughter, and Deputy Peraza sought immunity from prosecution under Florida’s “Stand Your Ground” law. The State argued that the Stand Your Ground law should not apply to Deputy Peraza because his use of force aligned with a specific Florida statute applicable to law enforcement while making ban arrest. The circuit court concluded that Deputy Peraza was eligible for Stand Your Ground immunity and that his use of deadly force was reasonable. The State of Florida appealed to the Fourth District Court of Appeal, who agreed with the trial court’s ruling and certified a question of great public importance to this Court.
Watch more oral arguments from 8/28/18: