Letter To The Editor: Police Are Not Required To Protect Any Specific Individual

By JOHN N. HORNE
Los Alamos 

There have been numerous letters to the Post recently regarding the subject of firearms. But in one of these letters, Mr. Pat Kestell made a statement that strikes right to the heart of the matter. He said: “It is not the job of the police to protect my family, it is mine.”

Here Mr. Kestell makes a statement that most Americans do not understand. The police in America are not required to protect any specific individual, their job is to keep the general order. Here are a few citations, which prove this fact:

Law-enforcement has no duty to protect individuals. South v. Maryland

There is no duty owed by the police, the city, or the state to act to prevent or avoid harm to citizens. Susman v. City of Los Angeles

The state has no affirmative duty to protect an individual, even if they know that person is in danger. DeShaney v. Winnebago County Department of Social Services

Neither the police nor the government is liable to victims for failure to provide adequate police protection. Warren v. District of Columbia

Police departments enjoy absolute immunity for failure to provide sufficient police protection. Hartzler v. City of San Jose

Neither cities nor police departments are responsible for failing to enforce restraining orders or protect citizens. Castle Rock v. Gonzales

“Failure to provide adequate police protection will not result in governmental liability, nor will a public entity be liable for failure to arrest a person who is violating the law.” Antique Arts Corp. v. City of Torrence

“There is no constitutional right to be protected by the state against being murdered.” Bowers v. DeVito

When a police officer comes to your aid he or she is doing that because they choose to not because they have to.  The thought that a police officer must put themselves in mortal danger to protect your life because they are paid to do so is morally repugnant and presumes to place a dollar value on that officers life. You should be thankful that there are men and women willing to do these things on your behalf but you should not expect it. Ultimately the responsibility for your safety falls on you. The police officer carries a gun to protect himself first and you second, that is the same reason you should have one. Throughout the rest of the country most people do not enjoy the response times that we have come to expect here in Los Alamos. Whether it is due to workload or sheer distance help from the police can be a long time coming. In that time it is up to you to protect yourself and your family. That being the case, there is no one who has the right to remove the means through which you can accomplish that task.

Constitutional Rights, including the 2nd Amendment, are not granted to us by government. The Bill of Rights enumerates some of them, and exists to secure them for us and our posterity. However, these rights cannot be severed from us without due process. Since government does not grant me the right to protect myself it cannot legally pass a law which would deny me that right. Any such law would be null and void as you can see from the quotations below:

“You have rights antecedent to all earthly governments; rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the Universe.”

John Adams 2nd President of the United States

“All laws that are repugnant to the Constitution are null and void.”

Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803)

“The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it.

No one is bound to obey an unconstitutional law and no courts are bound to enforce it.”

16 Am Jur 2d,Sec 177

late 2d, Sec 256

The whole reason we are having this conversation is because people are no longer taught the nature and source of our rights as citizens in this nation. They also are not taught the value and sanctity of human life. It is a tragedy that the foundational principles of our government are no longer taught in schools.

However, the information is still out there, for now. If people would avail themselves of the facts many of these arguments would simply evaporate.

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