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Do Police Have a Duty To Protect Individuals?
Ehline Law Firm ^ | Michael Ehline

Posted on 10/25/2024 8:22:45 AM PDT by EBH

We Americans have no general civil right to sue the police for failure to provide protection. In a nutshell, you cannot sue a government agency or a school district unless it’s done within a certain period of time after suffering an injury or loss. Even then, you can only sue the police or the Department of Social Services for certain things.

And providing you with your own personal protection services is not law enforcement’s function. In essence, since these are the king’s men, they are his sovereign representatives, shielded under the ancient doctrine of sovereign immunity.

Time and time again, left-wing politicians have argued that we don’t need private guns since we have police while simultaneously asserting we must also defund the police because of “systemic racism.” In a nutshell, their advocates at the New York Times, Atlantic, Washington Post, CNN, Mother Jones, etc., argue that socialism and a welfare state are incompatible with self-defense rights.

Those on the right argue we have a Second Amendment to guard against a corrupt government and to protect our families and businesses. In the middle, everyday people try to make sense of it all. I am Los Angeles personal injury attorney Michael Ehline.

I am a world-famous, award-winning attorney, honorably discharged U.S. Marine, legal historian, and expert on gun laws and firearms safety. Below, I will present the law of municipal police and cover why police have no general duty to protect individuals. Let’s go!

(Excerpt) Read more at ehlinelaw.com ...


TOPICS: Education; Government; Society
KEYWORDS: dontgetstupid115; police
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As we head into the actual election day(s) and the election return days(battle), let us remain cognizant of what the police or any government agency is responsible to protect and serve. While this article is a very long read, it is indeed chock full of good insights and things to think about.

Why am I posting? Because there can be some 'salty' talk on FR at times. And because of a recent experience of my own that left me basically stranded in an unknown part of town after a sideswipe hit-skip accident, with a dispatcher telling to leave the scene and drive to the first district station to report it. Basically...no officer was coming to the scene. But...that story is for another post on another day.

1 posted on 10/25/2024 8:22:45 AM PDT by EBH
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To: EBH

NO.


2 posted on 10/25/2024 8:23:23 AM PDT by Resolute Conservative
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To: EBH

NO!

Castle Rock vs Gonzales.

1. Police have no duty to respond.
2. If police do respond, they have no duty to take heroic actions.


3 posted on 10/25/2024 8:24:44 AM PDT by CodeToad (Rule #1: The elites want you dead.)
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To: EBH

Whatever happened to the old “To Protect and Serve” motto?


4 posted on 10/25/2024 8:26:07 AM PDT by al_c (Democrats: Party over Common Sense)
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To: EBH

Ironically, we don’t have a right to protect ourselves either.


5 posted on 10/25/2024 8:30:01 AM PDT by fwdude (The cost of freedom is often not being able to experience it, or knowing it was even obtained.)
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To: al_c

“Whatever happened to the old “To Protect and Serve” motto?”
~~~~~~~~~~~

I believe that was removed from all police cars after the Castle Rock decision.


6 posted on 10/25/2024 8:31:56 AM PDT by sevlex
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To: al_c
I know itis a long blog, but really go read it. Most of the questions one might have are answered

Fact Check: Did Police Remove Or Change Slogans By Deleting The Word “Protect” From Their Police Cruisers? These rulings discussed might be why police agencies started distancing themselves from such an apparently obligatory pronouncement starting in the late 1970s. Although slogans like “Protect and Serve.” or some variation has been painted on police vehicles for years, the Los Angeles Police Department coined the term. .

In the past, LAPD, including LAPD SWAT, led the way in law enforcement techniques, tactics, and traditions. So it makes sense that patrol cars across America would borrow the emblazoned police cruiser slogan idea.

Many municipal police departments removed the words “to protect” from their police cruisers and motto. We have heard that many police chiefs and mayors feared citizens might sue them for “accepting a duty” for declaring they must “protect” you, which is false.

7 posted on 10/25/2024 8:31:58 AM PDT by EBH (America Blackmailed, The True Story of the World War...Coming Soon (1/21-))
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To: EBH

NO.

Their FIRST Duty is to show up after the crime and put the tape or chalk outline around the body.

Their SECOND Duty is “Revenue Generation”


8 posted on 10/25/2024 8:34:44 AM PDT by OHPatriot (Si vis pacem, para bellum)
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To: All

Not much comment from Uvalde Police Department on their school shooting (they were busy at the local donut shop).


9 posted on 10/25/2024 8:36:11 AM PDT by BipolarBob (I may have flunked high school but the pigeons have accepted me as their leader, so I have that.)
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To: EBH

I firmly believe that the Police serve one purpose: they protect the crooks from the citizens. Some of the crooks are “burglars” and some of the crooks are “politicians”. But the Police are mostly looking out for the interests of the Bad Guys. I truly believe this.


10 posted on 10/25/2024 8:37:46 AM PDT by ClearCase_guy (My decisions about people are based almost entirely on skin color. I learned this from Democrats.)
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To: al_c

> Whatever happened to the old “To Protect and Serve” motto? <

Protect their department.
Serve the state.

And yes, I know that most police officers are doing a decent enough job. Based on my own experience (your mileage may vary), I’d say that 85% of the street level cops are okay.

But the other 15% are trash. Far from helping, they make matters worse. And in a critical field like policing, 15% is way too high a number.


11 posted on 10/25/2024 8:39:52 AM PDT by Leaning Right (The steal is real.)
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To: CodeToad

I don’t want a cop around that is not prepared to defend a woman and child and the helpless. If a cop ain’t brave, he or she doesn’t need to be in uniform.


12 posted on 10/25/2024 8:40:18 AM PDT by RetiredArmy (The Bible speaks truth! Don't believe it, you do so at your own peril. You'd better be right!!)
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To: Resolute Conservative

That’s right. SCOTUS has decided on this already.


13 posted on 10/25/2024 8:40:54 AM PDT by DownInFlames (P)
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To: al_c

Protect and serve only applies to their obligations to their paymasters ie government agencies. If they do help you it’s only out of a personal sense of moral obligation.


14 posted on 10/25/2024 8:47:16 AM PDT by grumpygresh ( Civil disobedience by non-compliance; jury and state nullification.)
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To: EBH

Do Police Have a Duty To Protect Individuals?
Ehline Law Firm ^ | Michael Ehline

No!


15 posted on 10/25/2024 8:52:22 AM PDT by Grampa Dave (We have no shortage of so-called experts! America has the most useless aristocrats in history!)
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To: EBH

I think it would be more productive to look at judges and lawyers.


16 posted on 10/25/2024 8:56:05 AM PDT by blueunicorn6 ("A crack shot and a good dancer” )
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To: EBH

Wasn’t this already adjudicated that the police have no responsibility to serve and protect? Isn’t that why to ‘serve and protect’ was removed from police cars?


17 posted on 10/25/2024 8:56:26 AM PDT by Mastador1
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To: EBH

No, see South v. Maryland (1856).


18 posted on 10/25/2024 8:57:17 AM PDT by Tijeras_Slim
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To: RetiredArmy

We give cops special privileges that perhaps we shouldn’t, then extensive training, then tens of thousands of dollars in cars and equipment, then arm them when the people cannot often be armed, then they tell us they are allowed to be cowards.

We need to seriously change who the cops are as far as their privileges and responsibilities.


19 posted on 10/25/2024 9:03:14 AM PDT by CodeToad (Rule #1: The elites want you dead.)
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To: EBH

The slogan on their cars, “to protect and serve”, is meant for their political masters.


20 posted on 10/25/2024 9:03:17 AM PDT by jeffc (Resident of the free State of Florida)
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