What is the duty of a police officer to prevent a person from driving under the influence of alcohol after being released from custody?
California, United States of America
The following excerpt is from Shaw v. Cnty. of Los Angeles, B227252 (Cal. App. 2012):
control the conduct of a person released from custody or to warn other agencies or potential victims. (Tarasoff v. Regents of Univ. of California (1976) 17 Cal.3d 425, 444.)
In Jackson v. Clements (1983) 146 Cal.App.3d 983, police officers detained a person who was too intoxicated to drive, but released him and did not prevent him from leaving in his automobile. He thereafter killed three people while driving under the influence. The court concluded that under these circumstances the officers had no duty of care to the persons killed. (Id. at p. 987.)
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