No obligation to protect property... (Read 19260 times)

ren

Re: No obligation to protect property...
« Reply #20 on: January 13, 2015, 08:42:31 PM »
In all fairness, I think the PO did the right thing for officer safety. Two suspects with unknown potential weapons. After all, thats why we have insurance, I suppose.
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mauidog

Re: No obligation to protect property...
« Reply #21 on: January 13, 2015, 09:05:58 PM »
In all fairness, I think the PO did the right thing for officer safety. Two suspects with unknown potential weapons. After all, thats why we have insurance, I suppose.

So, when Carlisle said Police Officers have a sworn duty to protect, he meant themselves?

I'm 100% for Cops making it back home at end of shift, but that shouldn't mean they should avoid confrontations just to play it safe.  She had no evidence they had any weapons at all.  She has weapons, including firearms. 

My totally personal, semi-informed opinion is, she should have taken steps to apprehend the thieves and assess the threat to her own safety in the process.  If things get ugly, THEN retreat and wait for backup.

Excusing her inaction in the name of personal safety with no evidence of any weapons is too convenient.  Cops could say "I didn't chase the criminal, because he might have had a gun!" to excuse their inactions in pretty much any situation if we accept it for this Cop.

If she saw one of them carrying a gun, knife, or crowbar, would that make her more, or less, likely to pursue them?  A stolen firearm being carried off into the night represents a more violent threat to the public at large than someone merely fleeing a break in.
An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.   -- Jeff Cooper

oldfart

Re: No obligation to protect property...
« Reply #22 on: January 14, 2015, 03:51:24 AM »
Was there an explanation to go along with that opinion?  I'd be very interested to know why she couldn't have given chase, maybe caught one, and let the other keep going. Normally one will roll on the other to cut a deal.

I believe this state, which is probably not unique, views property crime as a low priority.  With drugs driving the need feed a habit, stealing becomes commonplace.  Meth is the problem, but theft and muggings are the symptoms.

So, it doesn't surprise me if the officer was following policy and procedures.  It just flies in the face of Carlisle's declaration that officers have a sworn duty to protect Hawaii's residents.  I guess they draw a line between physical safety and financial loss.  Not everyone has insurance and/or affordable deductibles.
...
I'll ask him about that.
But in the meantime, here is my personal opinion.
1. It was 2 to 1 right off the top.
2. The building might have had more perps inside as the crime scene was unsecured at that time.
3. The building might have had injured civilians inside.
4. The fleeing suspects posed no immediate threat to anybody.

I commend the officer for exercising restraint and not giving in to the urge to be a hollywood action hero.
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230RN

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Re: No obligation to protect property...
« Reply #23 on: January 14, 2015, 05:23:51 AM »
The way I read it, they also had at least  a crowbar and screwdriver.  That's not "weaponless." 
I do believe that the radical and crazy notion that the Founders meant what they said, is gradually soaking through the judicial system.

Rocky

Re: No obligation to protect property...
« Reply #24 on: January 14, 2015, 09:13:46 AM »
Sorry guy's, IMHO
Putting on the uniform is putting your life on the line.
You knew that when you applied.
That is what you are trained for, that's what your paid for.

The way I read it, they also had at least  a crowbar and screwdriver.  That's not "weaponless." 
That's why HPD has the right to carry a firearm ( but I don't).

It was 2 to 1 right off the top.
That's why HPD has the right to carry a firearm ( but I don't).

   Not saying I was looking for another HPD questionable shootting, but statistics show the presentation of a firearm is enough to stop a crime.
Scenario:
Single HPD officer rolls up and officer exits vehicle.
(Other officers should be enroute already. I wonder what that window was ?)
Criminals exit building lit up by the patrol cars lights.
Officer legitimately draws fire arm when she see's suspects exit building with objects in hand (crowbar) and tells them to stop.

There you are, lit up by the headlights of a police cruiser with an armed and ready officer.
What do you, the perp do and the reaction by HPD is subjective but the point here is THE OFFICER TOOK ACTION !

But then again, maybe I'm just thinking what I would do if I was the owner of the business and I rolled up to the scene in a state with legit gun laws allowing me to protect my family, business and property.  :closed:
“I ask you to judge me by the enemies I have made.”
                                                           Franklin D. Roosevelt

oldfart

Re: No obligation to protect property...
« Reply #25 on: January 14, 2015, 09:37:00 AM »
I don't think p.o. is supposed to draw gun unless there is imminent threat to a person.

Anybody know what the hpd policy is?
« Last Edit: January 14, 2015, 09:47:45 AM by oldfart »
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Drakiir84

Re: No obligation to protect property...
« Reply #26 on: January 14, 2015, 10:35:58 AM »
I don't think p.o. is supposed to draw gun unless there is imminent threat to a person.

Anybody know what the hpd policy is?

I've seen officers roll up weapons drawn on kids reported for playing airsoft.  I think there just has to be the possibility of a viable threat for drawing a weapon, and that's perfectly fine however imminent threat is needed to fire.

Of course I could be talking out of my ass but from a logical/common sense perspective it seems legit lol.
"The rifle is a weapon. Let there be no mistake about that. It is a tool of power, and thus dependent completely upon the moral stature of its user. It is equally useful in securing meat for the table, destroying group enemies on the battlefield, and resisting tyranny. In fact, it is the only means of resisting tyranny, since a citizenry armed with rifles simply cannot be tyrannized."
-Jeff Cooper

Rocky

Re: No obligation to protect property...
« Reply #27 on: January 14, 2015, 03:21:16 PM »
I don't think p.o. is supposed to draw gun unless there is imminent threat to a person.

Anybody know what the hpd policy is?

Of course there was an imminent threat, why do you think she stayed in the cruiser till they left  ! :shake:
“I ask you to judge me by the enemies I have made.”
                                                           Franklin D. Roosevelt

Funtimes

Re: No obligation to protect property...
« Reply #28 on: January 14, 2015, 06:42:47 PM »
There is a long line of precedent regarding fires, liability, and tort law that pretty much drove this.   Unless the police have assumed a special relationship, that relationship was known, and the individual detrimentally relied on that relationship you are going to have a hard time putting liability to these people.

One thing that I don't think we have really seen yet is the liability assumed with police / government workers providing paid private security functions.  I've been searching but haven't been able to find anything on it yet in that regards.  When we "pay someone" to provide protection etc, that is certainly  a "special relationship" as it's outside of the normal scope of what citizens are provided; not to mention there is probably a contract for it.
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Heavies

Re: No obligation to protect property...
« Reply #29 on: January 14, 2015, 11:42:21 PM »
What is the "normal scope" of police function?  Writing tickets, and shooting drunk drivers?  Just being facetious, but just wondering what is it that our tax dollars are purchasing?

one2boost

Re: No obligation to protect property...
« Reply #30 on: January 15, 2015, 07:34:42 AM »
False sense of security...

survivorman

Re: No obligation to protect property...
« Reply #31 on: January 15, 2015, 07:42:05 AM »
What is the "normal scope" of police function?  Writing tickets, and shooting drunk drivers?  Just being facetious, but just wondering what is it that our tax dollars are purchasing?


Potholes, poorly educated kids, EBT, UH football.......

stangzilla

Re: No obligation to protect property...
« Reply #32 on: January 15, 2015, 07:56:37 AM »
maybe the owners of the establishment can invest in better doors and locks

remember the 3 Little Pigs and the straw house?

one2boost

Re: No obligation to protect property...
« Reply #33 on: January 15, 2015, 08:03:34 AM »
Seriously, who keeps money in the cash register overnight?  Most business owners I know and worked with, never do that.  Most tend to just keep money either in a safe or carry it with them.

If I had a business in that particular area, I would just keep the register with some Monopoly money it just to give a big middle finger to the wanna be thief.

PeaShooter

Re: No obligation to protect property...
« Reply #34 on: January 15, 2015, 12:12:21 PM »
Several people have said now that the police officer in this story might have acted properly, at least in regards to police procedures. So I guess my question becomes, what if the robbery had instead occurred at someone's home with the homeowners still inside? Are we expected to accept that a lone police responder is allowed to hide in her car, and do nothing except call for backup which never arrives?

If that's all they are obligated to do then why ever bother calling the police for anything. Something seems off.

oldfart

Re: No obligation to protect property...
« Reply #35 on: January 15, 2015, 01:21:47 PM »
Several people have said now that the police officer in this story might have acted properly, at least in regards to police procedures. So I guess my question becomes, what if the robbery had instead occurred at someone's home with the homeowners still inside? Are we expected to accept that a lone police responder is allowed to hide in her car, and do nothing except call for backup which never arrives?

If that's all they are obligated to do then why ever bother calling the police for anything. Something seems off.
...
I watched the report again. He says the officer stayed in the car for 42 seconds. It probably takes that long to call for backup.
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Heavies

Re: No obligation to protect property...
« Reply #36 on: January 15, 2015, 02:41:32 PM »
When seconds count, police are only 42 seconds away........Not bad!

edster48

Re: No obligation to protect property...
« Reply #37 on: January 15, 2015, 06:26:24 PM »
The fact that she didn't do anything once she was out of the car speaks volumes as well.

I agree with Rocky, once you put on the uniform and strap on a gun, putting yourself in harms way IS your business. That's why you're getting paid.

If you wanted a "safe" job you should've been a florist.
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230RN

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Re: No obligation to protect property...
« Reply #38 on: January 29, 2015, 09:54:52 AM »
Seriously, who keeps money in the cash register overnight?  Most business owners I know and worked with, never do that.  Most tend to just keep money either in a safe or carry it with them.

If I had a business in that particular area, I would just keep the register with some Monopoly money it just to give a big middle finger to the wanna be thief.

When I had my retail store, I kept $50 in the cash register with the drawer open overnight.

And when I was an unarmed* Security Guard between regular jobs, we were told that we were "two legs, two eyes, two ears, and one finger."  (To dial the police.)

Terry

*Yeah, suuuure.
I do believe that the radical and crazy notion that the Founders meant what they said, is gradually soaking through the judicial system.

kong

Re: No obligation to protect property...
« Reply #39 on: January 30, 2015, 09:05:52 AM »
Let's see one officer with a 360 threat environment two known suspects run off in a semi-known direction towards an unknown direction and unknown potential additional threats and then the building itself has the potential to have additional unknown suspects within building.  Do, (insert self), make chase after two visible suspects going in an unknown direction to an unknown location with potential for unknown additional assailants or a potential ambush, or do, (insert self), a search of the exterior of the premise then interior of the premise by yourself.  If you have really truly done an armed search (or even scenario based training, only I have done in GA) of a building in a reduced light scenario it is a self fulfilling response. 

I am not saying the HPD and the officer in question is right or wrong but it is the totality of circumstances and pulling a gun and taking a life is an extremely serious issue that I think a robbery shouldn't be elevated too.  I am slower, older, wiser and I guess dumber but that is my opinion.  Now in my house is a different story with ample warning and the person shows intent to harm me or my family.