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Officer Responsibilities

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ammbbq

Junior Member
What is the name of your state? Florida

Not sure if this can be answered here or not but here goes anyway..Does a police officer have a duty to act? I was assualted, ran to a police officer and asked him for help. He refused to do anything, resulting in the suspect getting away. A complaint was filed with internal affairs but I have heard that officers are not required to provide assistance. Is this still true when the incident involves a felony, or if someone may need medical help? Also, can an officer refuse to write a police report?
Thanks
 


CdwJava

Senior Member
ammbbq said:
Not sure if this can be answered here or not but here goes anyway..Does a police officer have a duty to act? I was assualted, ran to a police officer and asked him for help. He refused to do anything, resulting in the suspect getting away.
We are not required to suddenly kick into sprint mode and go nab someone because you say so, no.

There are a number of reasons why an officer may not immediately take action. Sometimes it is for reasons of law, other timers it is for reasons of safety, and other times it is that they just can't get all the info.

A complaint was filed with internal affairs but I have heard that officers are not required to provide assistance. Is this still true when the incident involves a felony, or if someone may need medical help? Also, can an officer refuse to write a police report?
Thanks
Yes and yes. There is no duty to protect, and the police do not have to right a report. if you want to report a crime, and the officer doesn't want to write the report, you can certainly go to his superiors and ask that someone do so, but nothing you can do will MAKE them do anything about your assault.

In the case of a medical situation, the officer and his agency might incur some liability if they fail to take action of some kind ... but that is not the same as not dealing with your reported assault (which was likely a misdemeanor anyway).

- cARL
 

ammbbq

Junior Member
Ok thanks. Thats what I thought. Was just curious becuase I have in the past held EMT certifications and in my state was legally required to provide medical assistance, in most cases. I have no idea how many officers are cross trained in EMS, or what obligations that places on them to do anything. Im not out to try to make them do anything, just curious. The assualt was a felony assualt , I believe, becuase it involved a weapon (a knife), but I dont know if that automatically makes it a felony or not. Thanks for the response.
 

CdwJava

Senior Member
ammbbq said:
Ok thanks. Thats what I thought. Was just curious becuase I have in the past held EMT certifications and in my state was legally required to provide medical assistance, in most cases. I have no idea how many officers are cross trained in EMS, or what obligations that places on them to do anything. Im not out to try to make them do anything, just curious. The assualt was a felony assualt , I believe, becuase it involved a weapon (a knife), but I dont know if that automatically makes it a felony or not. Thanks for the response.
Medical response is different than responding to an allegation of criminal action. If I were to take action on an alleged crime based solely on one person's word without pausing to take a look at the big picture, I would be sued every week. Very often it is just NOT that simple.

Whether it's a felonoius assault or not would depend what he DID with the knife. If he actually attacked you with it - and was close enough to hit you - then it was a felony. If he stood back a way and said he would stick you with it if you got closer, it probably would not be.

And few officers are going to go chasing blindly after an armed suspect before knowing what else is going on. If the officer failed to go off in pursuit of the suspect when you told him he was there, there was obviously something else he needed to know, or some other circumstance present. And since our first order of business is to care for and secure the victim, it would not likely have been prudent for him to just blindly take off looking for some guy with a knife.

If you would care to expound on the details, I might be able to enlighten you as to what the officer was thinking. But, it would simply be a guess on my part.

- Carl
 

ammbbq

Junior Member
Carl,
I understand what you are saying about the officers need to understand the whole story, which is very relavent in my particular situation becuase I can clearly see how it wasn't immediatley obvious what was going on.

When I was attacked, the suspect put his arm around my neck and pulled a knife to my side. His intention, I think, was rape and once he released his arm I started fighting back with him. He ran and I followed him from a distance becuase there was some sort of event going on in the city and I had remembered seeing several police officers in the area. When I saw one of the officers I ran over to him, pointed the guy out and told him he attacked me.

I can understand how the situation may have not been clear, and why the officer didn't pursue the guy, becuase I probably appeared quit frantic and the officer may have seen me running after the suspect but I am confused as to why the officer would do nothing after I explained what happened. I was bleeding from a cut I had received to my shoulder during the altercation, not sure if it was from the knife or not, and a cracked rib from a fall. The officer never radioed for assistance and would not for medical help. I also asked about filing a report and he said no becuase they would never be able to find this guy anyway and he walked away. I am not a police officer, I dont know how it is, but I can not think of any reason for an officer to do that. Is there any reason I may be missing?
Thanks again,
K.C.
 

CdwJava

Senior Member
ammbbq said:
I can understand how the situation may have not been clear, and why the officer didn't pursue the guy, becuase I probably appeared quit frantic and the officer may have seen me running after the suspect but I am confused as to why the officer would do nothing after I explained what happened. I was bleeding from a cut I had received to my shoulder during the altercation, not sure if it was from the knife or not, and a cracked rib from a fall. The officer never radioed for assistance and would not for medical help. I also asked about filing a report and he said no becuase they would never be able to find this guy anyway and he walked away. I am not a police officer, I dont know how it is, but I can not think of any reason for an officer to do that. Is there any reason I may be missing?
Well, one that comes to mind is that he was not a police officer. He might have been a security officer or even a community service officer. Have you been able to identify the officer to the internal affairs people?

He should have done something to aid you. Had he not, he would almost certainly be subject to adminsitrative discipline for failure to assist you in some way. Most agencies do not appeciate their officers blowing victims off. If there were no extraneous circumstances, and this were one of MY officers, he'd likely be looking at days on the beach (i.e. time off without pay).

Unfortunately for you, officers that are working these special events often tend to be working overtime, sometimes they are reserves (poorly paid part timers, or unpaid volunteers), sometimes they are not actually fully sworn officers (community service or security personnel), or they are a slug (a lazy duffer) looking for an easy overtime check without doing any work. If they expect to be doing nothing then get called upon to take action on a potential felony their instinct might be to say, "Oh no! I have to work!" If that is the case, the guy ought to be disciplined ... potentially to the point of termination.

On the other hand, if you were intoxicated and acting the part of a sloppy, incoherent drunk, I can see where he might have been inclined to leave it be and tell you call when you sobered up.

If intoxication or other impairment was not a factor, then this person should be spanked hard.

- Carl
 

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