DO police have an obligation to return released arrestee?

[MagicKristian]

Believe it or not, I'm actually a former deputy sheriff many years back, who was picked up a few months ago here in northern California on a minor traffic charge, primarily for harassment, I believe, since I have filed serious criminal charges against two deputies here. My question is this: Do police have any statutory obligation to return an arrested person to their original location after they've been cited and released? I was purposely not allowed to make any phone calls while in custody, then basically pushed out of the jail late at night in the middle of a snowstorm 50 miles from home, with less than $2 in my pocket, and no wallet. I nearly died walking back home, and was returned to the hospital nearly dead from hypothermia. I am aware of the provision about "not being released or left in a more dangerous situation," but would like to know of any and all specific provisons relating to this issue in CA or federal law. Many thanks ,
MK

[lwpat]

You need an attorney. A free forum is not the type of place for your particular questions. Depending on the circumstances you will probably be able to find one that will take it on a contigency. Especially since a CA jury recently returned a several million dollar verdict against the CHP for harassment.

[CdwJava]

While there is potential civil liability should you be placed into a knowingly dangerous situation without resources (a phone or a warm place to stay while awaiting a ride) there is no stautory obligation in CA requiring law enforcement to transport you anywhere once you are released. If this were the case, then we would be hauling drunks and indigents all over the place when released and we might as well put a big yellow sign on top of our cars.

And ... driving? Without a wallet? And only $2? In a snowstorm 50 miles from home? What were you doing out anyway? That sounds like a great night to stay home!

What were you arrested for, anyway?

- Carl

[MagicKristian]

Yes, no doubt about the need for an attorney, and I am working on that. To answer NorCal's ? -- I was actually only four miles from home at the outset, accidentally left my (overly thick) wallet in another vehicle of mine that a.m., had only been driving on dirt roads to work site, but had to chance a rural hwy. to get gas. Well aware my plates and ins. were expired, but fully intended to square that away the following Monday (after payday), which I did. I certainly did NOT intend to be dumped 50 mi. away at the county seat in such weather, but it was, of course, out of my hands. I had no beef with the arresting officer; I know him pretty well, and he was courteous throughout. But I believe, at the very least, that I should have been allowed to make the mandated three phone calls posted on the wall, after making three requests to do so, esp. after the jail supervisor was directly informed I had only $1.95 in my possession. Since I am charging one of their fellow officers with aggravated perjury, and have him on tape, clearly, during the incident he lied about, I strongly suspect this was a deliberate tactic to make my life just that much more miserable, but then, maybe I'm just bitter about nearly dying over a lousy traffic arrest...