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Author Topic: Do the police have a duty to protect?  (Read 5605 times)

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Offline METL

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Do the police have a duty to protect?
« on: September 28, 2012, 10:37:34 AM »


WOman sues police department for being shot while in their 'protective custody' by the person they were protecting her from...


http://www.postandcourier.com/article/20120928/PC16/120929249/1165/woman-shot-by-estranged-husband-files-suit-against-charleston-county-sheriff-s-office
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Offline TheQ

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Do the police have a duty to protect?
« Reply #1 on: September 28, 2012, 10:56:02 AM »
This case will be summarily dismissed. See Warren v District of Columbia
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I Am Not A Lawyer (nor a gunsmith).

Offline METL

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Re: Do the police have a duty to protect?
« Reply #2 on: September 28, 2012, 03:13:17 PM »
Oh I agree it likely will be... but will be interesting to see what happens.
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Offline Glock9mmOldStyle

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Re: Do the police have a duty to protect?
« Reply #3 on: September 30, 2012, 09:19:16 PM »
Quote from: TheQ on September 28, 2012, 10:56:02 AM
This case will be summarily dismissed. See Warren v District of Columbia

Q nailed it. Sadly the Cops have been given a free pass on "protecting us" - their only duty is to the law (often they pick & choose which laws to enforce and which to ignore [preemption] ). According to the courts they cannot be held responsible for your safety. We all know this already, and carry to protect us and our loved ones. It is amazing how many people still do not understand just what happens or does not, when the police are called. 

Some PD's like: DPD etc are great examples of what happens when there is no accountability.  :'(
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"It is now more likely that a person will be the victim of a violent crime than that he will be in an auto accident. Despite this, most people readily believe that the existence of the police relieves them of the responsibility to take full measures to protect themselves."
 -Jeffrey Snyder 1993

Offline gryphon

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Re: Do the police have a duty to protect?
« Reply #4 on: September 30, 2012, 11:59:24 PM »
She'll get nowhere.

SCOTUS cases

Castle Rock v. Gonzales - Neither cities nor police departments are responsible for failing to enforce restraining orders or protect citizens.

Warren v. District of Columbia - Neither the police nor the government is liable to victims for failure to provide adequate police protection. 

DeShaney v. Winnebago County Department of Social Services - The state has no affirmative duty to protect an individual, even if they know that person is in danger. 

Don't know of any in the 4th Circuit, which is where SC is.
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Offline yance

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Re: Do the police have a duty to protect?
« Reply #5 on: October 02, 2012, 04:12:18 PM »
The sad part is the anti gunners will still tell you that citizens dont need a gun and that we should all just rely on the police for our protection  :-\
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Offline METL

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Re: Do the police have a duty to protect?
« Reply #6 on: October 03, 2012, 09:08:29 AM »
Quote from: yance on October 02, 2012, 04:12:18 PM
The sad part is the anti gunners will still tell you that citizens dont need a gun and that we should all just rely on the police for our protection  :-\

Sad indeed.  Misinformed and/or uninformed...    most people have no idea how the system works.
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Offline bagz013

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Re: Do the police have a duty to protect?
« Reply #7 on: October 04, 2012, 04:58:03 PM »
BUUUTTTTT.....cops are heavy!!!


Quote from: yance on October 02, 2012, 04:12:18 PM
The sad part is the anti gunners will still tell you that citizens dont need a gun and that we should all just rely on the police for our protection  :-\
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Offline Divegeek

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Re: Do the police have a duty to protect?
« Reply #8 on: October 17, 2012, 09:49:16 AM »
One of my favorite pieces of nonfiction...Dial 911 and Die! The book goes state by state and lists the court cases that show that the police have no duty to protect you.
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