Q: I was arrested following a supposed welfare check where a customer thought I was dead in my car at my job is that lawful
I just got done with my graveyard shift which starts at 10:00 pm and ends at 6:00 a.m. I work at a chevron gads station as a customer representative.
After getting off work I went to pump 2 to fill up gas but first I cleaned up the interior of the vehicle and proceeded to fill up gas by that time it was around 7:45 am. I entered my vehicle texted my friend n asked him if he had seen my debit card then blacked out with me laying back in the driver's seat with one leg outside the car and car driver door open. I awoke to a voice saying hello how are you doing and hearing beeps from a radio. I could not tell how many officers were there but guessing there were at least 2 maybe up to 4 officers on scene. I couldn't tell because I was so tired I couldn't open my eyes all i could do was hear. I heard one officer say I see a hyperdermic needle and was told to step out of car then was asked if I was using drugs or beer I said no I'm just tired and pointed my work shirt that u was wearing
A: You don't say why you were arrested. Approaching and questioning someone passed out in their vehicle is not only legal, but most likely required.
In situations where law enforcement receives a welfare check call based on concerns about someone's well-being, they may respond to assess the situation and ensure the person's safety. The legality of your arrest would depend on various factors, including the observations made by the officers and any evidence found in your vehicle.
If the officers had reasonable grounds to believe there was a potential threat to your safety or the safety of others, they may have had the authority to conduct further investigation, including asking you questions and requesting you to step out of the car. However, if you believe your rights were violated or you were wrongfully arrested, it's crucial to consult with a qualified attorney who can review the specific details of your case and provide appropriate legal advice based on California law. They can guide you through the legal process and help protect your rights.
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