When is a Police officer required to protect a citizen?

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  • ccather

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    I saw this on Wikipedia so I question its accuracy.. I thought I would ask the forum. Maybe a lawyer could provide their thoughts.

    This is what I saw:
    -------------------------------
    Warren v. District of Columbia

    Warren v. District of Columbia[1] (444 A.2d. 1, D.C. Ct. of Ap. 1981) is an oft-quoted[2] District of Columbia Court of Appeals case that held that the police do not owe a specific duty to provide police services to citizens based on the public duty doctrine.

    The trial judges held that the police were under no specific legal duty to provide protection to the individual plaintiffs and dismissed the complaints. .....the court also held that Douglas failed to fit within the class of persons to whom a special duty was owed and affirmed the trial court's dismissal of her complaint.
    --------------------------------------------
    Full disclosure: I cherry picked the above info from the entry so likely missed the really important stuff.

    I wonder who are the class of persons to whom a special duty is owed? I hope I am one of them! Or do I have to call officers Smith and Wesson to help me?

    If this was discussed earlier, sorry in advance.
     

    Sporter

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    After the Miami riots in 1980 and the LA riots in 1991 the citizens sued the police for failing to protect them. Both times the courts ruled the police are under no obligation to protect anyone but themselves. The Florida court actually said "You and you alone are responsible for your personal safety."

    I was in the middle of the Miami riots in May 1980 and I can attest to the fact the police abandoned the riot areas, they did not establish a perimeter nor did they warn motorists to avoid the areas. I was with 2 military policeman when we road our motorcycles unknowingly into the riot zone in Miami and they were appalled by the lack of response of the civilian police. This was the event that spurred me to never be unarmed again.
     

    ccather

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    Hmmm... I am now thinking about that school resource officer who did not go into the school during the shooting. Does this apply to him also?
     

    MauserLarry

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    Hmmm... I am now thinking about that school resource officer who did not go into the school during the shooting. Does this apply to him also?

    No, he has been tried and convicted in the court of public opinion and it would be political suicide for anybody to try and say he didn't have to make an effort to save some kids. He's on his own from here on.
     

    kendive

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    They need to remove the Serve and Protect from the patrol cars then... LOL
     

    SAWMAN

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    Here is something to think about. Ask a LEO patrol (yeah,right) officer why they carry a shotgun,carbine,and other,in their patrol vech and see what they say.
    I have "some" respect for the patrol LEO's . . . they have a tough job. They have been hampered by the laws that politicians in act. HOWEVER . . . we should see this for what it is. ESPECIALLY these super funded SWAT teams. ( And full auto weapons . . . REALLY !!)
    I have no answer,but am allowed to ask the question - - -> are we,the taxpayer,REALLY gettin' our moneys worth ????? (Colimbine,Parkland ??) ---- SAWMAN
    ADDED: BTW,this is painted on the curb out front of my house. Has been for a couple years now.
     

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    IronBeard

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    Based on what I've seen, it varies by department. One that always stood out to me was the job of police at the scene of a house fire is to manage traffic so the fire department can do their thing, not to run into the house to get the baby, although most departments would side with/cover anyone that did. Still, the act, in this case, was not required.

    I suspect departmental rules may have been in play at Parkland, and that is why Israel was ultimately canned. But still, the masses want Peterson crucified. Leaving the emotion out, would like to see the department rules/ROE on this one.
     

    ccather

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    Miami riots sounds like Baltimore, I think, were the mayor told authorities to give the people room to riot.


    After the Miami riots in 1980 and the LA riots in 1991 the citizens sued the police for failing to protect them. Both times the courts ruled the police are under no obligation to protect anyone but themselves. The Florida court actually said "You and you alone are responsible for your personal safety."

    I was in the middle of the Miami riots in May 1980 and I can attest to the fact the police abandoned the riot areas, they did not establish a perimeter nor did they warn motorists to avoid the areas. I was with 2 military policeman when we road our motorcycles unknowingly into the riot zone in Miami and they were appalled by the lack of response of the civilian police. This was the event that spurred me to never be unarmed again.
     

    AlecThigpen

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    The only time they have a duty to protect a citizen is if they happen to be between the citizen and the threat. By protecting themselves, they also protect the citizen. :)

    That being said, I know quite a few policemen who would absolutely protect others from harm without a second thought, much like many of us would.
     

    bowserb

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    I don't know the specific case, but Tom Gresham has many times referred to a Supreme Court case that is quoted as proof that law enforcement is not obligated to protect you.
     

    Realtor

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    Here is something to think about. Ask a LEO patrol (yeah,right) officer why they carry a shotgun,carbine,and other,in their patrol vech and see what they say.
    I have "some" respect for the patrol LEO's . . . they have a tough job. They have been hampered by the laws that politicians in act. HOWEVER . . . we should see this for what it is. ESPECIALLY these super funded SWAT teams. ( And full auto weapons . . . REALLY !!)
    I have no answer,but am allowed to ask the question - - -> are we,the taxpayer,REALLY gettin' our moneys worth ????? (Colimbine,Parkland ??) ---- SAWMAN
    ADDED: BTW,this is painted on the curb out front of my house. Has been for a couple years now.

    What does the blue stripe on the curb signify? i have a blue mark, but it points to the water meter?
     

    SAWMAN

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    A couple years ago,a woman in Milton came up with this as a show of solidarity with the LEO community. --- SAWMAN
     

    olecarver

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    No not at all,,, But really have been disappointed that there limited to what becomes a liability to the tax payer and in some cases, we are left in doubt of help... But without those we do have serving even the good citizen is tempted to commit crimes against others.. So to those who are working our streets and offices that do all they can,,,My hat is off to you... I could not baby sit other peoples out of hand children,,,
     
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