Friday, June 25, 2010

The police are not obligated to protect you

There are many who question the need to own or carry a gun. They say that all one needs to do is call the police, and the police are obligated to help you. The sad truth is that the police rarely prevent crimes or interrupt crimes in progress. In all actuality, the courts do not require the police to protect anyone:

``fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen.'... a well-established rule that official police personnel and the government employing them are not generally liable to victims of criminal acts for failure to provide adequate police protection"
Warren v. District of Columbia, 444 A.2d 1 (D.C. Ct. of Ap., 1981)

Under the public duty doctrine, the District has no duty to provide public services to any particular citizen...
Miller v District of Columbia, 841 A. 2d 1244 (DC: Court of Appeals 2004)

Nor is this legal opinion isolated to Washington DC:

Riss v. City of New York, 22 N.Y.2d 579, (N.Y. Ct. of Ap. 1958)
Keane v. City of Chicago, 240 N.E.2d 321 (1968)
Silver v. City of Minneapolis, 170 N.W.2d 206 (S.Ct. Minn. 1969)
Sapp v. City of Tallahassee, 348 So.2d 363 (Fla.Ct. of Ap. 1977)
Weutrich v. Delia, 155 N.J. Super 324, 326, (1978)
Simpson's Food Fair v. Evansville, 272 N.E. 2d 871 (Ind.Ct. of Ap.)
Chapman v. City of Philadelphia, 434 A.2d 753 (Sup.Ct. Penn. 1981)
Davidson v. City of Westminster, 32 C.3d 197 (S.Ct. Cal. 1982)
Bowers v. DeVito, 686 F.2d 61 (7th Cir. 1982)
Morgan v. District of Columbia, 468 A.2d 1306 (D.C. Ct. of Ap. 1983)
Morris v. Musser, 478 A.2d 937 (1984)
Calogrides v. City of Mobile, 475 So.2d 560 (S.Ct. A;a. 1985)
McKee v. City of Rockwall, Texas, 877 F.2d 409 (5th Cir. 1989), cert. denied
Hornbeck Offshore Transp., LLC v. US, 563 F. Supp. 2d 205  (DC 2008)

The evidence is overwhelming: the police are under no legal obligation to help you.

The only person who can protect you is you. Security cameras, amber alerts, Identikids, and other such devices and programs only assist the police in catching someone AFTER a crime is committed. A cell phone (assuming the bad guy lets you use one) or an alarm system only lets you call the cops, who will arrive AFTER the crime is complete, so they can take a report.

So the answer lies in being able to defend yourself. How will you do that? A dog? Dogs, unless trained, are not effective against a determined attacker. Bare hands? Karate? Unless you are an MMA fighter, or are a large man, you may have problems defending yourself against another, especially when confronted by multiple attackers, made even more difficult if they are armed even with knives or clubs. Nothing evens the odds like a firearm.

1 comment:

TOTWTYTR said...

Just remember, when seconds count, the police are just minutes away.

Only liberals think that the police can protect everyone. Well, actually, they think that the police can protect everyone important, which of course is liberals and big city politicians.

Little people, they don't care so much about.