Q: After an arrest, can the officer place you in the car with windows up and engine off while he finishes his investigation
After about 10 minutes a sheriff from the county came over on his own to show some decency and open the door for me so I could breathe.
A: This is an interesting question and you are protected by the constitution against cruel and unusual punishment. Given your fact pattern, I don’t believe that the actions of the officer rise to that level, the intervention by the deputy was appropriate and kept the situation from the escalating to the point of it being actionable.
Charles M. Baron agrees with this answer
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