Legal Question in Personal Injury in Florida

failure to arrest/drug dealer

4 months prior to my sons OD death the ploice had the evidence to arrest a heroin dealer. They opted to keep the case open to see if they could find the supplier and kept the dealer under surveillance. 5 months after my sons death they arrest the dealer on the previous charges while a murder charge is being pursued. They also failed to find the supplier.Isn't one of the main duties of the police dept. crime prevention? Citizen protection? If a murder charge can be brought against (1st degree)a drug dealer for selling heroin and the buyer overdoses can the police be held liable for letting him continue to sell a lethal drug under ''serveillance''. I can undersatand the reasons for keeping the case open BUT to knowing let someone sell a potentially lethal drug, being able to file murder charges on him after he sells to my son who dies and never finding the supplier in the process. Something sounds wrong. Could the police department be held liable for failing to arrest this man sooner.


Asked on 1/10/03, 12:48 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: failure to arrest/drug dealer

My condolences. Case law has determined that police owe no duty to the public at large. It is only when police assume a special duty to a certain individual that they may be held responsible for any failure. Sorry!

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Answered on 1/10/03, 1:01 pm
Randall Gilbert Gilbert & Caddy P.A.

Re: failure to arrest/drug dealer

I may have an attorney who can help. Contact me if you are interested. Randall L. Gilbert (305) 769-3000

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Answered on 1/10/03, 3:31 pm


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