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Unlawful Arrest

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Unlucky_64

Junior Member
What is the name of your state? Florida

I was arrested for 3 counts of Agg Assualt. A Repoman came on my posted property, got into my truck where my Duty Pistol was and attempted to leave with it. I confronted the man and ordered him out of the truck and him and 2 other guys off my posted property. The repoman was not licensed in the state of Florida and also admitted to having thoughts of using my firearm against me (a Felony). The other Repoman was trespassing after being warned. The 3rd guy was a representive for the Title Loan company in Alabama, He was also not Licensed in Florida a 3rd Degree Felony. I have the Evidence proving these allegation. Do I have a case under F.S. 776.032.
 


Zigner

Zigner

Senior Member, Non-Attorney
Unlucky_64 said:
What is the name of your state? Florida

I was arrested for 3 counts of Agg Assualt. A Repoman came on my posted property, got into my truck where my Duty Pistol was and attempted to leave with it. I confronted the man and ordered him out of the truck and him and 2 other guys off my posted property. The repoman was not licensed in the state of Florida and also admitted to having thoughts of using my firearm against me (a Felony). The other Repoman was trespassing after being warned. The 3rd guy was a representive for the Title Loan company in Alabama, He was also not Licensed in Florida a 3rd Degree Felony. I have the Evidence proving these allegation. Do I have a case under F.S. 776.032.
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Maybe you need to include more details about what you did to assault these people...you posted what led up to it, but not your response to it.
 
CdwJava

CdwJava

Senior Member
Unlucky_64 said:
I was arrested for 3 counts of Agg Assualt. A Repoman came on my posted property, got into my truck where my Duty Pistol was and attempted to leave with it. I confronted the man and ordered him out of the truck and him and 2 other guys off my posted property. The repoman was not licensed in the state of Florida and also admitted to having thoughts of using my firearm against me (a Felony). The other Repoman was trespassing after being warned. The 3rd guy was a representive for the Title Loan company in Alabama, He was also not Licensed in Florida a 3rd Degree Felony. I have the Evidence proving these allegation. Do I have a case under F.S. 776.032.
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I presume you are asking if you have a case for self defense by using force against these guys.

From a cursory read of the statutes governing self defense, I'd say, no. The statutes cited to justify self defense (776.012, 776.013, and 776.031) justify force to defend others from imminent harm, to defend yourself, your home, or your OCCUPIED vehicle against harm, but nothing about using force to prevent even the theft of property where you and others are not in imminent fear of harm. The repoman's alleged THOUGHT to use your weapon against you would not likely be sufficient to justify use of force ... if he yelled out, "I'll shoot you!" then you MIGHT be justified.

Hire a good attorney.

Oh, and return or payoff the vehicle before this happens again.

- Carl
 
T

The State

Junior Member
Your "Duty Pistol" ?!? You're a law enforcement officer here in Florida? If your question, and the facts, are any indication of your knowledge of the law, and mental stability, you need to be worrying about hanging on the your FDLE certificate rather than if your vehicle will be repo'd.
 
CdwJava

CdwJava

Senior Member
I suspect he is a security guard or some such thing ... at least in my state we would consider having a vehicle repossessed to be a bad harbinger - I have to think that it would be so in FL as well. However, it's not against the law to fall into arrears in finances, and even cops fall on hard times. But, most cops would (or should) know better than to wave guns at people.

- Carl
 
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Shay-Pari'e

Senior Member
CdwJava said:
I suspect he is a security guard or some such thing ... at least in my state we would consider having a vehicle repossessed to be a bad harbinger - I have to think that it would be so in FL as well. However, it's not against the law to fall into arrears in finances, and even cops fall on hard times. But, most cops would (or should) know better than to wave guns at people.

- Carl

Hey sweets, I just have to ask you this. Since when does a security guard hold a pistol? Maybye I am tired, but every security guard I have ever run into has no gun.

Don't you need to be a police officer,ect. to actually carry one?
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CdwJava

CdwJava

Senior Member
Shay-Pari'e said:
Hey sweets, I just have to ask you this. Since when does a security guard hold a pistol? Maybye I am tired, but every security guard I have ever run into has no gun.

Don't you need to be a police officer,ect. to actually carry one?
Click to expand...
Even in CA we have armed security officers. They have to pass a minimal firearms certification course to receive a firearms card, but they CAN get them. Where I used to work we had more armed security officers in downtown than cops!

- Carl
 
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