NFOA MEMBERS FORUM
General Categories => Newsworthy => Topic started by: jimburnetto on November 24, 2009, 02:19:35 PM
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In this story,
http://www.omaha.com/article/20091124/NEWS01/911249987
Read this part:
Under state law, he said, police officers cannot stand idly by when they perceive that a violent crime is occurring.
"These police officers have an obligation to try to protect the public," Hanson said.
Anyone know what state law is being referenced here? I had believed for a long time that an officer had no legal duty to protect you.
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I guess your damned if you do and damned if you don't but if they were leaving the area is the use of deadly force required? What would happen if the burguler in your home was running away and you shoot and hit the burguler to protect.....your home property then are you in the wrong. sounds like the 2 were leaving the area and did do criminal mischief but was short in endanger others lifes unless the suv was heading towards the people which may have occured..... this is the reason the castle law need to be in black and white.....
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It is setlled case law that the police do not have a duty to protect individuals, just the public in general. Google "Gonzales v. Castle Rock" ........ there was another earlier case in Washington DC that set the precedent but I can not recall it right off the top of my head......
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Warren v. DC ...... the details of which will make you absolutely sick to your stomach and make you wonder why you pay taxes.
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What do you think would happen in this situation if the off-duty officer's had stood idly by and the idiot in the suv had caused personal injury to someone, or worse yet, killed someone. Would James Martain Davis represent the victim and claim dereliction of duty of a sworn officer of the law. Probably not, as he does not take on clients with morals.
Yes I know I spelled his name differently than he does, but that jerk is so out there that martian better describes him.
Yes, it is true, I do not like Jimmy. One of my biggest fears in life is that @#$%^&* will someday run for an office.
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humm... don't know much of him any links for information
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I would start by googling weasel and you should find plenty of information.
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Eagle a better question is what would happen to you if someone through a bottle out of a car and you started shooting at the car. You would already be up on charges, the police are just cuitizens like the rest of us.
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Well I will go out on a limb here and like myself I would guess you were not outside Cheaters. Thus we will have to rely on law enforcement to conclude their investigation into the indecent. I doubt that the two brothers are the types that will be real honest and tell the whole truth, if any. I am just guessing here, maybe the lawyer approached them about a possible lawsuit.
It is my hope that a veteran police officer acted in a professional manner and had just cause for drawing his weapon. Most police officers I know (many of which are family) hope to never have to discharge there firearms in the line of duty. If an investigation shows the off-duty officer acted improperly then he needs to answer for his actions.
I do not know how the law in Nebraska reads in regards to law enforcement officers while off duty. As I understand it, when you are a sworn officer you are an officer of the law 24/7. An officer, like each of us, have to make decisions in and instance from time to time, you have to rely on training and experience to make the right choice. Every officer has to be trained and certified in an attempt to protect and service to the best of their ability.
It is scary to think that our police and our military (Navy Seals in Irag), should have to stop and think about some sue happy lawyer wanting to question everything they do, and making them the criminal.
So to answer your question. Do I feel the need to use deadly force if someone threw a bottle at me from their vehicle, NO. But if they were driving that vehicle at me or someone else, well probably.
As for James Martian Davis, I have no respect for a lawyer that takes on every one of these types of cases in an attempt to make a name for himself.