Is it legal for a police officer to drive the car of the person he has just arrested to the police station?

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Is it legal for a police officer to drive the car of the person he has just arrested to the police station?

Individual was flashed by police car to pull over. He pulled into a parking lot and parked in a slot and turned the lights off,in a normal slow manner with the police car behind him. Police arrested him for eluding. Officer then drove his car to the police station, and obtained a search warrant for the car 2 days later. Finding stolen property, and amending charges to possession of stolen property etc.

Asked on November 29, 2010 under Criminal Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I do not think that this is a question for you or I to decide but rather a question that should be placed before a Judge when you challenge the legality of the search warrant.  Yes, you need to speak with an attorney as soon as you can regarding the issue of probable cause and fruits of an illegal search being excluded as evidence.  The actions of the police officer may indeed have been against police procedure but the results have placed you in a tougher position and that is where the attack needs to focus.  What was found in your car has me a bit uneasy but the Constitution was set up to protect all people from the start and not in justifying the end result.


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