Posted to the AO - but reposting here to maybe help with traffic.
I listened to a podcast yesterday about what the police are for. It was pretty interesting:
https://www.wnycstudios.org/podcasts…o-special-duty
The gist of it is - the police have no legal obligation to protect you.
It tells an awful story about a woman who goes to the police when her ex-husband violates a restraining order and abducts their 3 daughters. The police basically ignore her. The girls end up dead. This led to a law suit that ended up at SCOTUS, where it was basically decided that the police don’t have to do anything.
You can get to a position where they have an obligation if you obtain a “Special Relationship”. In New York, for example, this requires checking 4 boxes:
- Ask them for help
- They have to respond and say something to the effect of “We’re on it”
- The police have to be aware that if they don’t do anything that the person will suffer
- You have to prove that you relied on the police’s protection - act differently than you would have without the police protection.
#3 is nearly impossible to prove, and #4 is just asinine.
They do note that most police officers genuinely believe that it is their duty to protect people - but when you get right down to it, legally, it’s not.
Anyway - thoughts?