Making an Arrest

• Law enforcement officers in Florida are justified in using force necessary to protect themselves, recapture an escaped felon or capture a felon fleeing from justice. When considering whether the application of force is necessary, an officer does not have a duty to retreat even when such a retreat is possible and safe under the circumstances. Failure to retreat will not make the use of force unnecessary.
  
  

Unlawful Acts

• Police and other law enforcement officers only enjoy the legal justifications for the use of force particular to their positions when used for lawful duties. However, if a law enforcement officer is not aware or should be reasonably aware of being engaged in unlawful activity, she will not lose the benefit of her position. There is no justification for the use of force against an officer making a lawful arrest.
  
  

Deadly Force

• The discharge of a firearm is considered deadly force unless the weapon is loaded with "less-lethal munition" designed not to penetrate the body. The discharge of a normally-loaded firearm into a vehicle in which a person to be arrested is riding is considered use of deadly force. Similarly, firing the firearm in the direction of the person is considered use of deadly force even if there is no intent to kill or cause bodily injury. While law enforcement officers face no civil or criminal liability for firing less-lethal munition in good faith exercise of their duties, use of deadly force is subject to review for necessity.
  
  

Fleeing Felons

• Among the most controversial uses of deadly force by law enforcement is that used against fleeing felons. Law enforcement officers are not justified in using deadly force against a felon fleeing capture unless the force is necessary to prevent escape, warning that deadly force will be used and the officer reasonably believes the fleeing felon poses a risk of serious physical harm to himself or others. Alternatively, if an officer reasonably believes the fleeing felon just inflicted or threatened to inflict serious physical harm on another person, deadly force is justified if necessary to prevent escape and after warning has been given.
  
  

Preventing Jail Break

• A law enforcement officer is justified in using deadly force if necessary to prevent escape from a corrections facility or other penal institution. The officer must have reasonable belief the person is lawfully detained and the force must be necessary to prevent escape. Use of any force necessary to prevent an apprehended person not yet detained in a penal institute is also justified to the extent necessary.