Legality of helping a police officer?

[okcBob]

So if a LEO commands you to run in a burning building to save someone, you have to do it?
Doesn't a lawful command have a statute (law) to support the command? What statute would I be violating if I don’t help the officer?

 

[saddlebum]

Okla. Stat. tit. 22 § 36​

Casetext
Current through Laws 2023EX1, c. 52.
Section 36 - Civil and criminal immunity for private citizens aiding police officers

Private citizens aiding a peace officer, or other officers of the law in the performance of their duties as peace officers or officers of the law, shall have the same civil and criminal immunity as a peace officer, as a result of any act or commission for aiding or attempting to aid a peace officer or other officer of the law, when such officer is in imminent danger of loss of life or grave bodily injury or when such officer requests such assistance and when such action was taken under emergency conditions and in good faith.
Every federal law enforcement officer, as defined in Section 99 of Title 21 of the Oklahoma Statutes, while engaged in the performance of official duties as a federal law enforcement officer or when serving as a peace officer for the State of Oklahoma shall have the same immunity from civil and criminal actions as any other peace officer performing official duties within this state. The State of Oklahoma or any of its political subdivisions shall not assume the liability for or provide the legal representation for any federal law enforcement officer serving as peace officers of the State of Oklahoma.
Okla. Stat. tit. 22, § 36
Added by Laws 1968, HB 1286, c. 362, § 1, emerg. eff. 5/9/1968; Amended by Laws 1995, SB 17, c. 240, § 4, emerg. eff. 5/24/1995; Amended by Laws 1997, HB 1701, c. 43, § 4, emerg. eff. 4/7/1997.

 

[OK Corgi Rancher]

2022 Oklahoma Statutes
Title 21. Crimes and Punishments
§21-537. Refusing to aid officer.​

Universal Citation: 21 OK Stat § 537 (2022)
Every person who, after having been lawfully commanded to aid any officer in arresting any person or in retaking any person who has escaped from legal custody, or in executing any legal process, willfully neglects or refuses to aid such officer, is guilty of a misdemeanor.
R.L.1910, § 2249.

 

[Rez Exelon]

2022 Oklahoma Statutes​

Title 21. Crimes and Punishments​

§21-537. Refusing to aid officer.​

Universal Citation: 21 OK Stat § 537 (2022)
Every person who, after having been lawfully commanded to aid any officer in arresting any person or in retaking any person who has escaped from legal custody, or in executing any legal process, willfully neglects or refuses to aid such officer, is guilty of a misdemeanor.
R.L.1910, § 2249.

Sounds like freedom to me when you can't disobey an order like that.

 

[caliberbob]

For me, it’s like a self checkout in a store. I don’t get paid to be a checker, and I ain’t getting paid to be a cop.

You pay for your groceries? Newb!

 

[Snattlerake]

You as a peace officer, can only use the amount of force necessary to make the arrest.

If an officer requests your assistance, you are required to help them. You can be charged if you don't and in effect, you are then deputized as an officer for that moment and are required to follow all of the police procedures and restrictions as applied to the police. But what if you don't know this? The officer making the request should be directing you.

Failure to aid an officer is not something new from the 21st century, or the 20th,19th,18th, in fact, it goes back to medieval England when the king appointed a Shire Reeve which was a person in charge of enforcing the law and collecting taxes of a shire. The shire reeve, later on, became the word, sheriff.​

It became part of common law that all persons must assist a constable or peace officer when requested. This remains one of the few common law offenses which still exists in England and mostly world wide.​

See what a college edumacashun in LE can do for you?

 

[Fr Mulcahy]

On the flip side of this, you could be arrested by said LEO for failure to obey a lawful command, hence helping him, if he requests it of you.

Can you give some examples of likely commands?

How often does this situation occur?

What if the commands could result in my injury or death?

What if I am not physically able to carry out the commands?

What if performing a command could endanger others with me (wife and kids, or my elderly mother-in-law)?

 

[Letfreedomring]

I'm sure you'll get the same disability or pension/life insurance if you're maimed or killed during your act of kindness as the leo. Fairly sure. Maybe.

 

[Snattlerake]

Can you give some examples of likely commands?

Come over here and help me hold him down while I cuff him.

How often does this situation occur?

Not very often in large departments with a lot of backup available.

What if the commands could result in my injury or death?

Hopefully the officer is trained enough to weigh that situation before asking for help.

What if I am not physically able to carry out the commands?

Communicate to the officer your concerns, they may ask you to assist in another way.

What if performing a command could endanger others with me (wife and kids, or my elderly mother-in-law)?

That is the decision you are going to have to make and the officer should take that into consideration. If you are arrested, be prepared to articulate this to the judge.

I would think the officer would only make an arrest for failure to assist only in egregious cases.

 

[Two Gun Warrior]

Only if you personally know the cop

NO