Re: The Body is STILL in the Car

[rreschran]

From industry news comes this topic where a California tow truck operator discovered a body in a vehicle on the 91-freeway. Reading the narrative, it reports that the vehicle was towed to the coroner's office. It doesn't say that the body was still in the car, however, here's my question; "When you arrive on-scene and a police detective tells you that they want you to tow or transport a vehicle with a body still inside", how do you respond? This has happened to me twice and it's is a valid consideration especially for evidence contractors. Some contracts have specific criteria for turning down or refusing calls. Do you tow it or do you turn it down keeping in mind the criteria of your highway patrol contract regarding "lawful orders".

 

Link:  https://www.nbclosangeles.com/news/local/Body-Found-in-Abandoned-Lexus-Near-Orange-County-Freeway-563358951.html

[TowZone]

Check the Laws in your state regarding transportation of a corpse. Law Enforcement says if they order the transport then the tow operator is released from any legal ramifications. However, the tow operator does not get that in writing. My fear is that after the fact if some concerned party should protest this type of transport which may be unlawful "Who does this fall back on?"

[silverhawk]

Any lawful order from the POPO, that is not a felony, can be beaten in court.  Had a judge tell me that one time.  

 

Depending on the evidentiary circumstances I can understand the coroner not wanting anyone to contaminate the scene.

 

 

[brian991219]

I would complete the request as best I could while insuring the dignity of the  deceased is preserved. It surely would be one call I did not take photos of or post about later on social media, at least not with any specifics. I have been tasked with this twice in my career, once with a full body still in the vehicle and once with partial remains that could not be effectively removed at the scene. Both were evidence tows for different law enforcement agencies and completed under the direct supervision of an evidence technician per our contract requirements.

 

On a third occasion, while working as a salvage transport driver for a large insurance salvage auction, I brought in a burnt Cadillac that still had partial remains in it. I was very disappointed in how the local police, fire and coroners office had handled the call, as was the tower that had the vehicle in their storage lot. There is no reason a vehicle should go to the salvage auction with partial human remains still inside, it is very disrespectful to the deceased. That said, oftentimes our job is to provide a service to our client not police the actions of others.

[TowZone]

Still Illegal in most states under very old laws. Not all judges rule the same, just because one judge states it can be beaten in court. That does not mean the person and company violating the law will not incur legal expenses to fight it in court. Does anyone think a government agency is going to cover those costs or even show up to provide contributing evidence. If you do then you have not faced similar situations and heard crickets.

 

Curious, if anyone here has past experience which the Tow Operator and Company had to incur the cost of an attorney because they were not protected from prosecution over something law enforcement requested.

[mooresbp]

I have never been asked to but would if I was asked by our LE. We have a very good working relationship and would feel confident they would back me up wherever and whenever it was needed. In court or other wise.

[rreschran]

Thanks for that ... I agree. If towers are serving law enforcement, I too believe that I'd stand on my head for them. As the cop on scene, I have every expectation that towers should serve at the highest level. When towers balk at special requests, that separates the cream from the curd.  Old laws on today's book do not deal in reality to the extent that public safety will prevail over dust and rust written a long time ago. R.

Edited October 22, 2019 by rreschran
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[mooresbp]

14 hours ago, rreschran said:

Thanks for that ... I agree. If towers are serving law enforcement, I too believe that I'd stand on my head for them. As the cop on scene, I have every expectation that towers should serve at the highest level. When towers balk at special requests, that separates the cream from the curd.  Old laws on today's book do not deal in reality to the extent that public safety will prevail over dust and rust written a long time ago. R.

Can't stand on my head but maybe an endless loop from the boom........