BCPBA Maintains Hallandale’s Use Of Force Special Order Is Unlawful

Recently, the Hallandale Beach Police Department put in place Special Order 16-003 Use of Force policy that prohibits its officers from protecting themselves against moving vehicles. The Broward County PBA maintains that not only does SO 16-003 violate Florida’s Stand Your Ground statute, but it unnecessarily places our members in harm’s way. A review of the plain meaning of Stand Your Ground would unescapably lead a disinterested party to conclude that Stand Your Ground carves out no “vehicle” exception, which is exactly what SO 16-003 unlawfully does.

“It seems that the Hallandale Beach administration continues to put political correctness before the safety of the brave men and women of the Hallandale Beach Police Department,” Broward County PBA President Jeff Marano said.

The Stand Your Ground statute, as codified in Sections 776.012, and 776.013, Florida Statutes, provides that a person is justified in the use of deadly force and has no duty to retreat if either: (1) the person reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself, or another or to prevent the imminent commission of a forcible felony; or (2) the person acts under and according to the circumstances set forth in Section 776.013 (pertaining to the use of force in the context of a home or vehicle invasion).

As set forth, Stand Your Ground does not mandate a person “not [to] discharge a firearm at a vehicle when the vehicle is the only instrument being used as a weapon/potential weapon in a deadly force encounter.” If the Legislature had wished to address the factual scenario envisioned in SO 16-003, it would have written an exception to Stand Your Ground. In its current state, it does not. Thus, the City’s mandate is unlawful. As such, the PBA will continue to advocate for our members’ safety and advise them accordingly.

Get In Touch With BCPBA

Broward County Police
Benevolent Association
2650 West State Road 84
Fort Lauderdale, FL 33312

Telephone: (954) 584-7600
Fax: (954) 583-0405

Sign up for BCPBA Members

* = required field

powered by MailChimp!

Join Us on Social Media