In what circumstances will a police officer leave a motor vehicle running while they are trying to arrest a driver?

California, United States of America


The following excerpt is from Harris v. Smith, 157 Cal.App.3d 100, 203 Cal.Rptr. 541 (Cal. App. 1984):

In Duarte v. City of San Jose (1980) 100 Cal.App.3d 648, 652, 161 Cal.Rptr. 140, a police officer had stopped a vehicle and arrested the driver for driving under the influence of alcohol. He placed the arrested driver without handcuffs in the back seat of the police vehicle and left the motor running while he went to help another officer move the arrested driver's car. The arrested driver sped off in the police car and was pursued by authorities. The chase ended when the arrested driver ran off the road and struck the plaintiff, who was mowing the lawn in his front yard.

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