Comment

Forensic Experts: It Was Not George Zimmerman Crying for Help

282
Dark_Falcon3/31/2012 6:45:31 pm PDT

re: #259 kirkspencer

Um, yes and no. Normally, arrests are made on probable cause. They are serious steps, but the evidence needed does not have to be of sufficient level for charges to be brought.

However, Florida law in this case specifically states that an arrest without subsequent conviction allows the person arrested to bring civil suit against the police to recover any and all expenses caused by the arrest.

No, it does not. The provision you refer to allows those sued someone they wounded in self-defense (or the family of a decedent) to recover court costs, lawyer’s fees and actual damages such as lost wages:

776.032 Immunity from criminal prosecution and civil action for justifiable use of force.—
(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

Please note the bolded section.