Sacramento, CA asked in DUI / DWI and Constitutional Law for California

Q: Can a officer open my car while I’m sleep to ask me a question when I’m parked in a parking spot

After I was told to park and go to sleep

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3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

who told you it was ok to park there?

was it the owner?

was it b/c you were under the influence?

cops can investigate but more info needed

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
Answered
  • DUI & DWI Lawyer
  • San Francisco, CA
  • Licensed in California

A: Police can do a "welfare check" on people in public places (like a car in a parking lot or parked on a street). If you have a legal situation that arose from such a contact, you should contact a local attorney to discuss the facts of your case, defenses and possible outcomes.

Benjamin Samuel Reccius
Benjamin Samuel Reccius
Answered
  • Criminal Law Lawyer
  • LOS ANGELES, CA
  • Licensed in California

A: Depends on your location(private or public property). If the officer is lawfully allowed to be where he is when he is asking you the questions, then generally yes he is allowed to question you. If, however, the officer has entered private property without a search warrant and under no exception to the warrant requirement, then any answers elicited while questioning the individual in his home or observations made from inside the house may be excluded as fruit of the poisonous tree. This is a very fact-intensive inquiry so I would have to know more to provide a better answer.

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