Is it legal for a police officer to arrest someone if he has a citizen in his car that was not under arrest? For example his girlfriend.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for a police officer to arrest someone if he has a citizen in his car that was not under arrest? For example his girlfriend.
Asked on May 28, 2009 under Criminal Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I'm not sure of your question here. Who had the citizen in his car, the police officer or the person who was arrested. Quite frankly, I don't see that it matters either way.
If there were grounds for an arrest and it was lawfully done, then that's all she wrote. Whoever she may be.
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I don't know of any law that disqualifies a police officer from doing his job if he has someone with him. A lot of departments might regard this as being at least unprofessional, if he's on duty; many states, though, authorize a police officer to enforce the law if necessary even when he's technically off duty.
Without all the facts of this one, I can't be any more specific, and I'm not a Georgia attorney. If you think there's something worth pursuing here, you should talk to a lawyer in your area, and one place to look is our website, http://attorneypages.com
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.