What is a Police Officer's legal duty?

Lefty375

Lefty375

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Situation: Former Broward County Sheriff's Deputy Scot Peterson has been charged with child neglect, culpable negligence and perjury in connection with the shooting at Marjory Stoneman Douglas High School.

First, let's remove the person and consider the situation:

A mass shooter kills X number of people in a school. There was an officer on school grounds but didn't engage the shooter. Besides the perjury charge, is the State correct in charging the officer who didn't engage with child neglect and culpable negligence? We don't have all the facts so we will have to make some guesses for this.

The officer would receive up to 96.5 years if given the full sentence according to one legal analyst on CNN. Is this just?

Souce: Deputy Who Stayed Outside During Parkland School Shooting Faces Criminal Charges
 
In my non LEO opinion yes.

I recall the reasoning in connection with his firing was department policy was to go in and engage the threat. I will look it up to confirm or link to any article I find.

However this will be tough to prove as SOCTUS has ruled in the past that the police have no legal obligation to protect an individual from attack.




@policemedic
 
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Marine0311 said:
In my non LEO opinion yes.

I recall the reasoning in connection with his firing was department policy was to go in and engage the threat. I will look it up to confirm or link to any article I find.

However this will be tough to prove as SOCTUS has ruled in the past that the police have no legal obligation to protect an individual from attack.




@policemedic
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Yep, Castle Rock v. Gonzales and DeShaney v. Winnebago County will most likely come into play for child neglect & negligence but his perjury charge...that may be tough to beat.
 
Kinda surprised that guy hasn't punched his own ticket? It's state dependent, and I'm not going to research Florida, someone else can do that. Texas peace officer have a duty to act with regards to felonies happening within their presence.

As for criminal charges? Again state specific with regards to the law, writing and color of intent of the law. I tend to agree with Mara, that public shaming and firing were appropriate. Criminal charges, probably not.

Something else to keep in mind, agency policy is not law, failure to follow a policy may be grounds for termination, but doesn't necessarily mean a criminal offense has taken place. Most perjury and or false statement/documents laws are "catchall" laws to prosecute people when they have nothing else they can get them for. Doubtful any punishment will come of it.

Regardless, the whole world knows he is a coward...
 
Not a cop or whatever, but I believe that he took an oath and failed to fulfill his obligation to the people of his community to protect those who couldn't protect themselves. That isn't forgivable in my eyes. I think that he should do some time in a cell for failing to uphold that obligation he undertook when he took that oath.
 
There's seems to be a little bit of lynchmob in the charges...understandable I suppose considering the emotional trauma here...but, yeah, if the evidence shows he broke the law, xin loi Jack, see you at the Big House.
 
I've worn a badge for 30 years and I never needed a SCOTUS ruling to tell me how to do my job. When I was working, I always put others before myself -- it was just that simple. I figured that's what I was supposed to do and did it. I don't expect or want him to be treated any differently than anyone else. If he broke laws, he needs to be prosecuted for them. That's based on logic and not emotion. No one is above the law and yet we see way too much of that in action.
 
Regardless of what the Supreme Court ruled, if the concept of PRESERVE, DEFEND AND PROTECT are not forefront and forever present while you are suited up in blue, and carrying out your duties, you have no business wearing a shield. Period.

The deputy demonstrated himself as a coward.

The sheriff displayed himself as an idiot by defending him and his actions.

The entire government of Broward County showed themselves to be incompetent and inept with the school policies they adopted and set forth.

If you believe otherwise, here's an appropriate suit to wear when on duty and let others know ahead of time the level of your commitment and mentality.

ScreenHunter_2809 Jun. 05 13.40.jpg

Only thing I would change is wear nikes to make it easier, when running in the opposite direction.......
 
757 said:
Here is the Warrant.

Here is the Florida Statute for Neglect of a Child.

A question I have is: "Does a school resource officer bear the additional responsibility to protect the children within his school?"
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Absolutely. He/she is the only individual on school grounds who (in theory) possesses the training, the authority and the equipment--firearm, direct comm to first responders--to act immediately. To not do so is dereliction, and in this case, cowardice.

Some of the unarmed teachers had more guts than this guy.

It's too bad there's not a FL law for LEO's for cowardice.
 
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Ocoka said:
Absolutely. He/she is the only individual on school grounds who (in theory) possesses the training, the authority and the equipment--firearm, direct comm to first responders--to act immediately. To not do so is dereliction, and in this case, cowardice.

Some of the unarmed teachers had more guts than this guy.

It's too bad there's not a FL law for LEO's for cowardice.
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It actually is. Florida LEOs have a statutory duty to act. I cannot recall the exact statutes that cover this, but it is covered in every single academy in the state and by the Criminal Justice Standards and Training Commission's curriculum. I think that is the only way they will be able to charge him and have a chance at winning a conviction. Even if there is a conviction, this case will likely see the Supreme Court.

Side note, the sheriff of Broward and I were classmates and DT partners at the academy. He knows his stuff and is a very honorable no-nonsense man. Even if he did graduate from FSU lol. Anywho, he owns his own bleed control training company with his wife, and critical shooter incidents are his wheelhouse. It doesn't surprise me that he is going after this former deputy.
 
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