08/20/2025
From Attorney Steven M. Harris, GTR's resident legal expert and the most prolific writer on Florida use of force law:
According to Florida Statutes, a property owner may (for prosecution purposes) take an armed criminal trespasser into custody and detain the trespasser until the arrival of notified law enforcement. The statutes provide for immunity from criminal and civil liability for false arrest, false imprisonment, or unlawful detention when the detention is made as provided for by statute.
What about the privilege of a nonsworn to make a common law "citizen's arrest" and hold someone at gunpoint until police arrive? A concurring opinion in a recent appellate case argues that privilege no longer exists.
Learn Florida law at GTR from someone who actually knows it. Steve's next lecture and scenarios class - Principles of Justified Force (Scenarios) is August 30th from 1:30PM - 4PM.
