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Stand your ground defense for police officers upheld by Florida Supreme Court

The Florida Supreme Court unanimously ruled in favor of a Broward County sheriff's deputy who shot and killed a man in 2013, ruling police officers are clear to use stand your ground as a defense.

In 2013 Peter Peraza shot and killed 33-year-old Jermain Mcbean in Broward County.

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Mcbean was carrying a gun that turned out to be an air rifle. Peraza was charged with manslaughter; he used the stand your ground defense, and the charge was dropped.

The stand your ground law permits use of deadly force when a person has a legitimate fear of imminent death or great bodily harm.

The state argued law enforcement officers could not use stand your ground, since officers are protected by the justifiable force statute.

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Action News Jax law and safety expert Dale Carson says the word "person" in the stand your ground law is important. “Police officers are also civilians in the same way that they should be protected in the stand your ground law.”

A police officer is considered a person; therefore' they are not exempt from using the defense, meaning officers can use either defense in a case involving deadly force.

“The only advantage to stand your ground hearing is it confers civil immunity.” Carson points out. In other words, winning a stand your ground hearing will eliminate the chance to be sued civilly.