Presley v. State

Citations

• 75 Fla. 434

Syllabus

<p>1. One may lawfully repel an attack upon him, although made by an-officer .whb tries to arrest him, if he. does not know that the person'trying to make the arrest'is an officer; and this is true regardless of whether or not the party attacked fias committed some offense which subjects him to arrest.</p> <p>2. When an arresting officer makes known his identity, he comes within the protection of the law, and the citizen is, bound to submit, at least to the point of ascertaining the character of the charge and the extent of the officer’s authority; but when he goes forth upon the public highway confronting travelers with commands to halt, hold up their hands, and so forth, without making known his official capacity, the person accosted has a right to defend himself.as a reasonably prudent man would do under similar circumstances unless he otherwise has knowledge of the official capacity of his interceptor.</p>