In DeShaney v. Winnebago County Social Services, when do police have a duty to guarantee safety?

• A. Police have a general duty to protect everyone they encounter
• B. Police are never required to protect individuals
• C. Police must always obtain a warrant to intervene
• D. Police have no duty to guarantee safety unless there is a special relationship such as custody

Answer: (D)

The idea being tested is that police do not have a blanket duty to guarantee everyone’s safety. In DeShaney v. Winnebago County Social Services, the Supreme Court held that the state isn’t constitutionally required to shield individuals from private harm unless there’s a special relationship that creates a duty to protect. The clearest example is custodial situations—when the state has taken on responsibility for someone’s safety, such as a child in state custody. Without that relationship (or without the state creating or worsening the danger), there’s no due process-based obligation to protect. So the best answer is that police have no duty to guarantee safety unless there is a special relationship such as custody.