QUESTION
What is an officer supposed to do when given a false tip?
Asked on Sep 25th, 2012 on Criminal Law - Florida
More details to this question:
I understand the decision to a certain extent. Anyone with a grudge could call the police anonymously, give a false tip, and have an innocent person humiliated by being frisked in public. But, in the given case, the Supreme Court said the tip wasn't enough to stop him. Let's say the cop that shows up doesn't do anything and allows the guy to get on the bus. Then, he shoots up the bus. The cop and the police department would probably be held liable if it came out the police knew and didn't do anything. What is an officer supposed to do? It seems like a catch-22 situation.
7 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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This seems like a hypothetical or several and I can't answer without all the facts.
Answered on Jun 12th, 2013 at 1:49 AM
Leonard A. Kaanta
The police have no obligation to protect anyone.
Answered on Oct 01st, 2012 at 12:55 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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Is this a hypothetical? "shoots up the bus" sounds rather extreme. If police receive a tip they know to be false, they are not obligated to "check it out." Problem is, most cops will not admit they knew a tip was false. In the hypothetical you describe, it will come down to why the officer chose not to frisk the suspect who then "shot up the bus."
Answered on Sep 27th, 2012 at 5:10 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Be reasonable. If the tip appears legit, you have every right to investigate and you will not be held liable if the tip happens to be wrong. Most tips are wrong. If the tip is absolutely ridiculous and has no way of being true, then dont waste your time. An experienced cop knows how to differentiate.
Answered on Sep 27th, 2012 at 5:09 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Life is a catch-22. All you can do is act in good faith. As of the bus example, it is doubtful there would a liability assessed, police, prosecutors and judiciary have a relatively strong defense with the immunity rules in place. You have to go a very long way to pin a liability on them for an independent criminal act..
Answered on Sep 27th, 2012 at 5:08 PM
You can't sue the cops if someone shoots up the bus. The cops have NO DUTY TO PROTECT ANYBODY. That's a US SUPREME COURT DECISION.
Answered on Sep 27th, 2012 at 2:40 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Is this a real question about a real problem? Cops are limited in what they can do. They can only arrest if there is probable cause for the arrest. Anonymous tips are problematic. They are often false.
Answered on Sep 27th, 2012 at 2:39 PM