You are here:

Criminal Law/Police protection


Hello Mr. Tamez

I have been reading a number of articles claiming that the Supreme Court has ruled that the police are under no obligation to protect individuals from crime.  This is often cited by pro-gun advocates as a reason to keep firearms as a means of self defense.  Due to your law enforcement experience I would like to hear about this from your perspective.


We are familiar with the case law your are discussing and, like you, we had a problem grasping the ruling of the Supreme Court. However, your initial reading (as was ours) is somewhat skewed.

Succinctly, the Court opined that the government (law enforcement) can't be expected to protect "every individual citizen under every circumstance." However, they left in play the concepts of "Deliberate Indifference," "Misfeasance in Office," "Official Misconduct," etc.

Therefore, depending on the situation, police can be held accountable if they simply stand-by while a crime is being committed against a citizen that they (the police) could have easily prevented.

The MPM Group, Inc.

Criminal Law

All Answers

Answers by Expert:

Ask Experts


Kevin M. Tamez


Kevin M. Tamez serves as one of the most senior and experienced consultants at The MPM Group, Inc. During more than 27 years of both state and federal law enforcement experience, Mr. Tamez held supervisory roles with state law enforcement as well as senior management positions with the U.S. Department of Justice - serving in both domestic as well as foreign posts. In addition to his extensive foreign operational experience, Mr. Tamez is a court adjudicated expert in most Title 18 and Title 21 complex criminal, undercover, and electronic (Title III) intercept investigations. As a senior manager, he is also an authority in most government administrative matters to include Human Resource and Workers’ Compensation issues. Mr. Tamez has broadened his already considerable expertise by authoring various legal reference and inmate advocacy manuals. Mr. Tamez is frequently sought after for his expertise in counseling and preparing convicted law enforcement personnel, politicians, and other “celebrities” for reporting to a federal penal facility.


More than 27-years of both state and federal law enforcement. Uniform patrol, Tactical Operations, SWAT, Detective Bureau (Narcotics), and Uniform Supervision. U.S. Federal Agent (Series-1811), all facets of complex domestic investigations, Special Operations, Paramilitary operations overseas, senior management, strategic planning, etc.

Mr. Tamez has authored several formal "Position Papers" as well as several legal reference manuals to include “The Pre-Release/Post-Release Process for Federal Inmates," “Medical Issues for Federal Inmates,” and “The Administrative Remedy Process for Federal Inmates,” thereby establishing himself as one of this industry’s foremost authorities in BOP procedural and administrative matters as well. In addition to his recent legal reference manuals and other professional publications, Mr. Tamez recently authored the critically acclaimed “The BOP’s Failure to Properly Implement the 2nd Chance Act of 2007” as well as the educational website

Mr. Tamez holds a Bachelor's of Arts Degree and has done graduate work at George Washington University in Washington, D.C. Mr. Tamez is a graduate of the Northern Virginia Criminal Justice Academy and both the Basic & Advanced Special Agent courses in Quantico Virginia.

Past/Present Clients
Protected by Privacy Agreements

©2016 All rights reserved.