Is it legal for a police officer to arrest someone if he has a citizen in his car that was not under arrest? For example his girlfriend.

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Is it legal for a police officer to arrest someone if he has a citizen in his car that was not under arrest? For example his girlfriend.

Asked on May 28, 2009 under Criminal Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not sure of your question here.  Who had the citizen in his car, the police officer or the person who was arrested.  Quite frankly, I don't see that it matters either way.

If there were grounds for an arrest and it was lawfully done, then that's all she wrote.  Whoever she may be.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I don't know of any law that disqualifies a police officer from doing his job if he has someone with him.  A lot of departments might regard this as being at least unprofessional, if he's on duty;  many states, though, authorize a police officer to enforce the law if necessary even when he's technically off duty.

Without all the facts of this one, I can't be any more specific, and I'm not a Georgia attorney.  If you think there's something worth pursuing here, you should talk to a lawyer in your area, and one place to look is our website, http://attorneypages.com


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