STATE v. BURGESS

No. 47477.

326 So.2d 441 (1976)

STATE of Florida, Petitioner, v. Leon Norman BURGESS, Respondent.

Supreme Court of Florida.

Rehearing Denied February 17, 1976.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Charles Corces, Jr., Asst. Atty. Gen., for petitioner.

Jack O. Johnson, Public Defender, and Dennis Maloney, Asst. Public Defender, for respondent.

John A. Madigan, Jr., and Jack M. Skelding, Jr., of Madigan, Parker, Gatlin, Truett & Swedmark, Tallahassee, for the Florida Sheriffs Ass'n amicus curiae.


BOYD, Judge.

As authorized by Article V, Section 3(b)(3), Florida Constitution, this matter came to this Court as a certified question of great public interest.1

The question is as follows:

"May one forcefully resist an unlawful arrest by a person whom he knows or has reason to know to be an authorized police officer?"

The record shows Respondent was charged with resisting arrest with violence but submitted a nolo...

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