Responsibility to assist an officer???

[Miketodd]

So I have a friend who I really respect as an LEO. Last night we were having a lively conversation at work about the responsibilities that come with having a LTCH. Ya know, the old "responsibility to try to avoid confrontational situations, keeping a cool and level head" yada yada ya. He than said that once you are a holder of a LTCH, you have a responsibility to assist an officer if he/she is in a situation that calls for aid or help. So basically, he said if I see him in a parking lot and he approaches a car and they get into a shootout and gets hit and the person does not flee, I now have a responsibility to assist the officer in whatever way is necessary with my firearm.
Any thoughts or idea if this is even true?

 

[LEaSH]

No responsibility by law.

As friends go, of course you would want to do something.

 

[esrice]

He than said that once you are a holder of a LTCH, you have a responsibility to assist an officer if he/she is in a situation that calls for aid or help.

There's certainly no legal responsibility.

Moral responsibility? I don't personally think so.

You both probably have a driver's license-- does he want you to get involved in car chases too?

 

[Scutter01]

So basically, he said if I see him in a parking lot and he approaches a car and they get into a shootout and gets hit and the person does not flee, I now have a responsibility to assist the officer in whatever way is nessicary with my firearm.

What kind of crazy talk is that? I don't enjoy any of the legal immunities that an officer does in the execution of his duties. Until that happens, I'm not getting involved in a police action, nor do I believe that I have any duty or responsibility to.

 

[TiminMishawaka]

No responsibility under law but as a man you have a hell of a responsibility to help out someone in need.

 

[j706]

You might want to read 35-44-.1-3-3

 

[NavyVet]

I would accept the idea of a moral obligation, but it is not supported in Indiana Code as a responsibility.

I would possibly intervene if tactically possible, but an under no legal obligation to do so...

 

[esrice]

You might want to read 35-44-3-7.

Here you go:

A person who, when ordered by a law enforcement officer to assist the officer in the execution of the officer's duties, knowingly or intentionally, and without a reasonable cause, refuses to assist commits refusal to aid an officer, a Class B misdemeanor.

So being involved in a gunfight isn't "reasonable cause" to not assist?

 

[Bunnykid68]

You might want to read 35-44-3-7.

That says " if ordered", not must help if they are in trouble.

 

[j706]

Here you go:



So being involved in a gunfight isn't "reasonable cause" to not assist?

I don't know.

 

[NavyVet]

I stand somewhat corrected. I would still have to weigh a class b misdemeanor over dying in a gunfight. I don't think the legislators had police ordering civilians into a gunfight in mind when they passed that one.

I would think you could win that one in court. Not to mention if you ended up dead because of police 'order' to join the gunfight, your heirs would be pretty well-off.

If you jump in 'on your own' you bear the responsibility if it goes wrong.

 

[esrice]

I don't know.

You ever know of anyone that was charged with that?

 

[Bunnykid68]

I stand somewhat corrected. I would still have to weigh a class b misdemeanor over dying in a gunfight. I don't think the legislators had police ordering civilians into a gunfight in mind when they passed that one.

I would think you could win that one in court. Not to mention if you ended up dead because of police 'order' to join the gunfight, your heirs would be pretty well-off.

If you jump in 'on your own' you bear the responsibility if it goes wrong.

An officer would have to know you are armed to make such an order of assisting in a gunfight.

If I am unarmed and an officer tells me to assist in a gun fight, well you can guess what my answer would be to that

 

[j706]

I have never been in a gunfight thankfully.....but everytime I nave ever needed help while working people have always been more than willing to jump right in. Matter of fact I have never had to ask.

I think this statute is what the op's friend is thinking about. Not the same but closest I know of.

 

[j706]

You ever know of anyone that was charged with that?

No I do not.

 

[riverman67]

An officer would have to know you are armed to make such an order of assisting in a gunfight.

If I am unarmed and an officer tells me to assist in a gun fight, well you can guess what my answer would be to that

If he/she was asking you to assist in a gunfight they would probably know you. If not , I'm guessing you would already be in the fight,because the world most likely has just gone to ****.

 

[esrice]

...but everytime I nave ever needed help while working people have always been more than willing to jump right in. Matter of fact I have never had to ask.

What kind of "help" are you referring to? Like stopping a runner, or controlling a resister?

I think this statute is what the op's friend is thinking about. Not the same but closest I know of.

I think you're right.

No I do not.

Ok, was curious.

 

[Bill B]

You ever know of anyone that was charged with that?

I found two references in the lexisnexis database.
In the first one, Cuyler v State, the appeals court mentions Culyers' previous convictions, including one for refusal to aid an officer.
The second one, Low v State,

Defendant appealed her convictions from the Hamilton County Court (Indiana) for obscene performance and refusing to assist a law enforcement officer after she accompanied an undercover officer to a hotel room as part of her job with an escort service.....OUTCOME: The court affirmed defendant's conviction for refusing to assist a law enforcement officer. However, the court reversed defendant's conviction for obscene performance.

The database I use only has the appeals court and the supreme court, not the superior (county) courts, so I'm sure there are other convictions that aren't in the database.

 

[j706]

What kind of "help" are you referring to? Like stopping a runner, or controlling a resister?



I think you're right.



Ok, was curious.

The one I will always remember was attempting to get a meth head under control on the side of I-74 at 0300 hrs. Felony burg warrants, stolen truck ect. This guy was wired and a big boy. Tazer didn't connect, lost it and then it got kicked into the road. I was honestly getting ready to go to the gun. I heard tires locking up and next thing I had some truck drivers all around me with tire irons. They wore that boy out needless to say and even cuffed him up for me. I will admit I was out of juice and didn't have much left. It made me rethink a whole lot of things. I am forever grateful to those truck drivers.


Out where I work it is usually me and whomever I am dealing with. No such thing as backup out here...at least not very soon.

 

[Miketodd]

From what I took in the conversation, he was saying that a person with a LTCH needs to be AWARE that it is THEIR duty to just jump in an assist. That you take on that responsibility when getting your LTCH. Therefore there would be no need for the officer to order you to help, you should automatically know that you should jump in.

I was calling but needed the wisdom of to help me out!