Oakland, CA asked in Criminal Law for California

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

Related Topics:
2 Lawyer Answers
Robert Kane
Robert Kane
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in California

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.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.