There were motor boats just minutes away with keys in them. The Cops and Firemen standing around have made these rescues before.......before the Taxpayers cut their $150,000.00-$350,000.00 Pensions and the three day work week and retirement at 90% of salary at age 50 with Paid Medical and Dental and a 3% pay increase each year of $3000-$10,000.00 each.
They don't need Fire Hats,Hatchets, Badges and Guns, they just need masks, guns and a brown paper bag to rob us with, don't they.
HERE IS WHAT THEY LEGALLY RELY ON TO DO NOTHING FOR THEIR TAXPAYER WEALTH!!!
Warren v. District of Columbia
The Police Don't Have To Protect You
The question that is frequently asked of me is: Under what circumstances does the state or municipal entities have a constitutional duty to protect citizens from violence at the hands of private actors? The general answer to this question is that there is no constitutional duty to protect free citizens. The only clear case of a duty to protect is when a citizen is in the custody of a state or municipality.
DeShaney v. Winnebago County, 489 U.S. 189 (1989),
The Deshaney case, decided in 1989, remains the controlling law on the duty of government actors to protect citizens who fall prey to harm by third parties.
What can be taken away from all this? Warren v. District of Columbia and Riss v. New York demonstrate that the police have a duty to protect the public as a whole, but not the individual (unless a special relationship exists). By special relationship I mean that if a Police Officer personally promises to protect "You" or takes you into custody preventing you from exercising a wide range of protection of yourself or say finds you with your boyfriend in a car in a remote or dangerous area and arrests your boy friend and tows his car and then leaves you there standing in the dark to be victimized. In DeShaney v. Winnebago County, the highest court in the land confirmed there is no constitutional duty to protect the individual citizen (except when that citizen is in the custody of a state or municipality).
None of this should be taken to mean that law enforcement, in its entirety, is somehow "bad" or even useless. Police have an important role to play in American society protecting the general public. And I, for one, remain grateful and supportive of their efforts. However, the question still remains:
If the police have no duty to protect individuals, who does?
That answer should be all too obvious by now.
Our problem is that many, many Police Officers who are demoralized and angry or just emotionally unfit extend these rulings to mean "I owe you no duty of civility when I deal with you, I owe you no duty of safety from my physical abuse when in your presence and I can take your life by claiming "I had an unwarranted "reasonable belief that you were going to endanger my life" even when facts show I am absolutely wrong and or killed or maimed the wrong person through negligence. That's the sad state of affairs.
Now the San Jose Police Department needs a Civilian Review Board before the Federal Government steps in and obtains a Consent Decree to establish one after the Department really gets outrageous with violent behavior.
Think About it Folks.
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