Question about DUI

[Rookie]

Someone I know got busted for DUI the other night, and, rather than accept responsibility for his actions, he has decided he's going to fight it. According to his lawyer, because the officer was sitting on private property across from the bar, it's entrapment unless the officer had permission to be on that property, then he didn't do anything wrong. I'm thinking the lawyer is full of ****. Is there a law or court ruling that prevents a police officer from camping across a bar?

 

[blacknwhite]

I don't believe there is anything that may prohibit such activity on the officers part.

 

[Kirk Freeman]

Entrapment?

 

[Rookie]

Entrapment?

One time, just one time, I'd love to see you give a straight answer.


Is there a law or court ruling that prevents a police officer from camping across a bar?

 

[KJQ6945]

Sitting in a bar parking lot watching drunks stumble to their cars might not be "good hunting ethics", but it's far from entrapment.

Entrapment would be buying him drinks, then telling him to test drive your car, then arresting him.

 

[Kirk Freeman]

Sorry, I prefer to teach, not spoonfeed.

This is entrapment: Indiana Code Title 35. Criminal Law and Procedure IN CODE § 35-41-3-9 | FindLaw

Note it contains two elements which are not present in what you detail.

 

[Rookie]

Sitting in a bar parking lot watching drunks stumble to their cars might not be "good hunting ethics", but it's far from entrapment.

Entrapment would be buying him drinks, then telling him to test drive your car, then arresting him.

I agree. I think his lawyer is stringing him along. He was dumb enough to walk in and say he had $5,000 to hire a lawyer, and I'm thinking the lawyer saw a sucker. Not that I feel bad for him, he's the one that wants to fight when he was wrong.

 

[Rookie]

Sorry, I prefer to teach, not spoonfeed.

This is entrapment: Indiana Code Title 35. Criminal Law and Procedure IN CODE § 35-41-3-9 | FindLaw

Note it contains two elements which are not present in what you detail.

Thank you.

 

[Dead Duck]

Denial is a powerful incarceration!

 

[Kirk Freeman]

If not entrapment, then what is necessary to investigate is whether the officer had a right to make a stop. Stops are always vital to OWI, as if you beat an OWI it is more likely beaten on the stop than the intoxication (operation is may 5% or less of the winners).

Entrapment is not your focus, but whether the officer had the ability to do so. This is fact sensitive and really no way to determine unless one is inside the case.

 

[Rookie]

He was stopped for failure to signal. I know I'll never get all the details, and I honestly don't care. I was hoping he'd use it as a learning experience, but I'm afraid it's not going to happen.

I was just curious if police could camp out at bars. I don't have a problem with it, just curious.

 

[Frank_N_Stein]

He was stopped for failure to signal. I know I'll never get all the details, and I honestly don't care. I was hoping he'd use it as a learning experience, but I'm afraid it's not going to happen.

I was just curious if police could camp out at bars. I don't have a problem with it, just curious.

In Indy we camp out at certain bars to make sure the patrons don't shoot each other.

 

[T.Lex]

He was stopped for failure to signal. I know I'll never get all the details, and I honestly don't care. I was hoping he'd use it as a learning experience, but I'm afraid it's not going to happen.

I was just curious if police could camp out at bars. I don't have a problem with it, just curious.

Is it possible he was on a private "street" or roadway - like in a big parking lot?

If he was on a public street, I'm not familiar with any law, case, or rule that prevents an officer for pulling someone over for a traffic violation, regardless whether the officer is on public or private property.

 

[Kirk Freeman]

He was stopped for failure to signal.

Couple of recent cases on this. Maybe it is related to this?

This would make more sense than entrapment.

OMG, I just looked up the Rhodes case, which I was thinking about when I wrote this. It was 5 years ago! Not recent at all. I am so frickin' old.

 

[Rookie]

The police officer was sitting in a business parking lot across from the bar. My friend left the bar and was pulled over on the street for failure to signal (about a block or two away from the bar).

His argument (according to his attorney) is that the officer was doing something wrong by sitting across from the bar waiting for a drunk driver. I think he's fighting a losing battle.

 

[Alpo]

In Indy we camp out at certain bars to make sure the patrons don't shoot each other.

Would that mean a "failure to signal" is not indicating the firing line is hot?

 

[CraigAPS]

His argument (according to his attorney) is that the officer was doing something wrong by sitting across from the bar waiting for a drunk driver. I think he's fighting a losing battle.

I think so as well. I've been pulled over by an officer sitting outside of the bar that I worked at for the same reason. I talked to a friend of mine who is a police officer, and he said that his department does that, too. I'd advise your friend to talk to a different attorney. Have him ask about Title 12 deferment (I've heard that this is no longer a thing and I've heard it is. Anyone else on here know for certain, please correct me if I'm wrong.). If this is his first criminal charge, he can jump through hoops for a year, then the charge is dismissed. He'll still show the arrest, charge, and dismissal, but not the conviction (except for the military from what I've read. No matter what, the military sees it as a conviction). The deferment process isn't bad. At least, it wasn't 12 years ago. It cost me about $2000 plus some time and effort.

 

[Thegeek]

I know for a fact there was a speeding ticket thrown out in Sullivan county because the officer was sitting on private property. It was ruled the officer was trespassing and therefore illegally collected the radar evidence.

 

[Denny347]

The police officer was sitting in a business parking lot across from the bar. My friend left the bar and was pulled over on the street for failure to signal (about a block or two away from the bar).

His argument (according to his attorney) is that the officer was doing something wrong by sitting across from the bar waiting for a drunk driver. I think he's fighting a losing battle.

He needs to RUN...RUN from that lawyer.

I know for a fact there was a speeding ticket thrown out in Sullivan county because the officer was sitting on private property. It was ruled the officer was trespassing and therefore illegally collected the radar evidence.

Traffic court judgements are not useful in criminal court proceedings. One is civil vs. criminal. That judge was wrong (barring no other information available). Trespassing is a VERY specific IC that cannot just be thrown around all nilly willy.

 

[Kutnupe14]

I know for a fact there was a speeding ticket thrown out in Sullivan county because the officer was sitting on private property. It was ruled the officer was trespassing and therefore illegally collected the radar evidence.

Whoever that judge was, I'm sure theyre trying to get in good with the 9th Circuit....that's the only explanation for that nonsense.