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just curious

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1231a123

Active Member
new Jersey just curios if a officer stops a person on the street for being publicly intoxicated on drugs but the person is just high an not poseeing them an the officer has to let them go because of this an something happens to that person is the officer in any way liable
 

PayrollHRGuy

Senior Member
The police aren't going to be liable in virtually any situation like this.

If a person is publicly intoxicated they can be arrested. It really doesn't matter what chemical they used to intoxicate them.
 

quincy

Senior Member
new Jersey just curios if a officer stops a person on the street for being publicly intoxicated on drugs but the person is just high an not poseeing them an the officer has to let them go because of this an something happens to that person is the officer in any way liable
If a pedestrian is intoxicated but not visibly intoxicated, and if the pedestrian is not carrying an open container of alcohol or smoking pot or something similar, they won't attract the attention of police officers. It will be for disturbing the peace in some way that will generally lead to an intoxicated pedestrian's arrest.

Were you, or someone you know, arrested?
 

Taxing Matters

Overtaxed Member
new Jersey just curios if a officer stops a person on the street for being publicly intoxicated on drugs but the person is just high an not poseeing them an the officer has to let them go because of this an something happens to that person is the officer in any way liable
Even if the person is noticeably intoxicated the police have no obligation to arrest them or otherwise take them off the sidewalk. If the intoxicated person later injures himself/herself, the police will not be liable for that.
 

1231a123

Active Member
But they do have a obligation
Even if the person is noticeably intoxicated the police have no obligation to arrest them or otherwise take them off the sidewalk. If the intoxicated person later injures himself/herself, the police will not be liable for that.
But they do have a obligation
 

quincy

Senior Member
But they do have a obligation

But they do have a obligation
They have an obligation once the pedestrian is in police custody.

They (generally) have no obligation to protect people from themselves.

Is this something that happened to you or someone you know?
 

Taxing Matters

Overtaxed Member
But they do have a obligation
An obligation to do what, exactly? No law requires that the police must arrest an obviously intoxicated person. If the person is in such a condition that he or she is violating some public intoxication law the police may arrest the person for that violation. But that is at the discretion of the officer. If the officer decides not to arrest and let the person go on their way then the officer has no responsibility for whatever trouble the intoxicated person may later encounter.
 

not2cleverRed

Obvious Observer
new Jersey just curios if a officer stops a person on the street for being publicly intoxicated on drugs but the person is just high an not poseeing them an the officer has to let them go because of this an something happens to that person is the officer in any way liable
If I had a dime for every time someone complained about getting in trouble for public intox, particularly MIP cases... Well, I'd be driving a newer car.
 

HighwayMan

Super Secret Senior Member
No, they don't. The Supreme Court has ruled in Castle Rock v. Gonzales that the police have no duty to protect a person from harm.
That case dealt with a restraining order though. A bit of a different situation.

If we (my job) come across a person who is obviously not able to care for themselves they get a ride in an ambulance to the local hospital.
 

PayrollHRGuy

Senior Member
That case dealt with a restraining order though. A bit of a different situation.

If we (my job) come across a person who is obviously not able to care for themselves they get a ride in an ambulance to the local hospital.
Yes, that was what the case was specifically about but the way the decision was written they could easily carry over into case like the OP's.

And your agencies policy is a good one but there would be no recourse if it wasn't.
 

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