Does a police officer have a duty to prevent an intoxicated person from driving the car?

Green v. City of Livermore (1981) 117 Cal.App.3d 82, 172 Cal.Rptr. 461, also is inapposite. The police had stopped a vehicle containing three occupants, all of whom were intoxicated. Although they arrested the driver, the police failed to take any action to prevent the other occupants from driving the car. One of the other occupants in fact did drive the car, ultimately resulting in an accident causing injury to innocent third persons. The court found that once the officers undertook their investigation, they were no longer immune from liability for their negligence. Although not so expressly stated in the opinion, it was manifestly clear the Green court determined that since the conduct of the officers foreseeably increased the risk of harm to the public generally, there was a corresponding duty to act with due care. ⁶

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