It's 0230 hours, someone is breaking in your house....
What do you do first?
A. Reach for the phone.
B. Hide under the covers.
C. Defend yourself and home.
Before you answer that question, perhaps you should read these
Judical findings on what 'Duty' the police actually have.
UPDATED
June 27 2005, in the case of
Castle Rock v. Gonzales, the Supreme Court found that Jessica Gonzales did
not have a constitutional right to police protection even in the presence of a
restraining order.
1. Bowers v.
DeVito, 686 F.2d 616 (7th Cir. 1982)
There is no constitutional right to be protected by the state against being
murdered by criminals or madmen. It is monstrous if the state fails to protect
its residents against such predators but it does not violate the due process
clause of the Fourteenth Amendment, or, we suppose, any other provision of the
Constitution. The Constitution is a charter of negative liberties; it tells the
state to let the people alone; it does not require the federal government or the
state to provide services, even so elementary a service as maintaining law and
order.
2.Warren v. District of Columbia, 444 A.2d 1 (D.C. Ct. of Ap., 1981).
"fundamental principle of American law that a government and its agents are
under no general duty to provide public services, such as police protection, to
any individual citizen."
3. Riss v. New York, 240 N.E.2d 860 (N.Y. 1968).
4.Hartzler v. City of San Jose, 46 Cal. App. 3d 6 (1st Dist. 1975).
The court held that the San Jose police were not liable for ignoring Mrs.
Brunell's pleas for help.
5. DeShaney v. Winnebago County Department of Social Services, 109 S.Ct. 998
(1989) at 1006.)
6. California Government Code
845. Neither a public entity nor a public employee is liable for failure to
establish a police department or otherwise to provide police protection service
or, if police protection service is provided, for failure to provide sufficient
police protection service...
846. Neither a public entity nor a public employee is liable for injury caused
by the failure to make an arrest or by the failure to retain an arrested person
in custody.
Check other state
laws and you'll find a lot of the above. Check out a lot of state court
decisions and you'll find the above.
Thats right...
NONE!
They don't have to do
anything to stop crimes, only to *try* to solve them.
So why would you place
your life in the hands of a stranger, who isn't obligated to do anything for
you?

Arizona Constitution, Article 2, Section 26
The right of the individual citizen to bear arms in defense of himself or the
state shall not be impaired.
It's your choice.
Dial-a-prayer at 9-1-1 or
9mm in your hand.


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