Q: I called 911 for a vehicle that resulted in a death. I was held in a cop's backseat for over 3 hours. 4th amendment?
I was the witness to the aftermath of a crash. It happened around 3:30am right outside my apartment. I tried helping them but they passed before the fire department got there because the vehicle was on fire. It was really sad because they were yelling for help. After the police arrived, I sat in the back of a police car for over 3 hours while they were investigating, even after they walked across the street and confirmed my identity with my partner. I asked repeatedly if I could exit the backseat and was told no. Is this a violation of my 4th amendment? This was already a traumatic experience made worse by being held in the back of a police car for hours and no one even asked how I was doing. I was in shock and I'm still processing the whole ordeal, but I'm very upset with the police's handling of me when I was just trying to be helpful.
A:
Your experience sounds extremely distressing, and your concern regarding a possible Fourth Amendment violation is understandable. The Fourth Amendment protects against unreasonable searches and seizures, which includes the detention of individuals by law enforcement.
Being held in the back of a police car for over three hours, especially after your identity was confirmed and you were not under arrest, could potentially be viewed as an unreasonable detention. However, the specifics of the situation, including the police's reasons for detaining you, would be important in determining if there was a violation.
In such situations, police often need to secure witnesses to gather information for their investigation, but there are limits to how long and under what conditions a witness can be held without it becoming unreasonable.
If you feel your rights were violated, you may want to consider speaking with a civil rights attorney. They can provide specific advice based on the details of your experience and help you understand your legal options.
Documenting the incident, including any interactions with the police and how the experience affected you, can be helpful if you decide to pursue any legal action.
Remember, dealing with a traumatic event like this can be challenging, and it's important to also take care of your emotional and mental well-being. Seeking support from mental health professionals can be beneficial in processing the ordeal.
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