parking across the street or constanly riding by to check the bar and then stopping people when they leave
2007-05-13 16:52:05 · 25 answers · asked by bubba 1 in Politics & Government ➔ Law Enforcement & Police
Here is the problem with your solution. If a police officer sits in wait at a bar and watches a person walking from a bar drunk and then waits for that person to begin to drive - the police officer and the police Department becomes Criminally liable for anything that happens during the attempted stop of that drunk driver.
A police officer has a duty to prevent a criminal action before it happens. If he or she sees a a drunk walking to a vehicle he or she has a duty to prevent the driver from driving before the drunk tries to drive.
Example: Drunk enters vehicle while police watch. Police try to stop drunk on the roadway. Drunk flees and kills innocent people. Police Department becomes criminally negligent for not taking action to save this life or lives when they first saw the criminal behavior.
2007-05-13 17:18:54 · answer #1 · answered by Anonymous · 2⤊ 1⤋
Of course it is lawful for them to do so. Why wouldn't it be, that would make no sense to not allow them to patrol certain areas. What is illegal is for them to stop someone simply because they left the bar as the only reason for the stop. If they are parked across the street then can observe people walking to their vehicles and other signs to indicate that someone may be intoxicated such as others trying to convince them not to drive. Also being right there they can get a suspected DUI stopped and off the road immediately before they are able to get out on the streets to far and endanger other drivers.
This exact thing causes quite a bit of controversy in a couple of our towns here. My thought is this. Having them parked there acts as a very big deterant factor or atleast it should. If you are stupid enough to drive off from the bar drunk when the cops are parked across the street you deserve to get caught, for that matter if you are stupid enough to drive drunk period you deserve to be caught.
2007-05-13 17:07:04 · answer #2 · answered by CountyMounty 4 · 6⤊ 0⤋
Yep perfectly legal. A lot of bars hate this of course and they put pressure on the city to discourage officers from doing this. However, that is merely a political issue. It's legal for an officer to do that.
2007-05-13 16:58:14 · answer #3 · answered by Kenneth C 6 · 5⤊ 0⤋
I think so - wouldn't that be the equivalent of a cop stopped on the side of a street where people tend to speed, trying to catch someone that is?
2007-05-13 16:58:27 · answer #4 · answered by Anonymous · 4⤊ 0⤋
Yup. It may not be illegal to drink (if you're over 21), but it is illegal to drink and then drive. The cops are just trying to prevent drunk driving by hanging out there.
Maybe you should ask the cop for a ride. :-)
2007-05-14 13:45:44 · answer #5 · answered by LisaC 3 · 0⤊ 0⤋
Yes it is legal. And by the way...I was not parked there to catch the intoxicated drivers. I was parked there to deter the intoxicated subjects from driving...
2007-05-14 02:16:27 · answer #6 · answered by wfsgymwear 3 · 0⤊ 0⤋
He sure can. Think of it this way. Your family is on their way home when they get hit by a drunk driver. Killing the whole family. Now, if a cop was sitting there watching, he could have stopped him before the wreck.
2007-05-13 17:38:57 · answer #7 · answered by johN p. aka-Hey you. 7 · 2⤊ 0⤋
Definitely within the parameters of the job, totally legal.
Hope this helps.
2007-05-13 19:02:08 · answer #8 · answered by bbasingal 5 · 1⤊ 0⤋
Yes it is.
We also watch the bar to make sure that the inebriated patrons are not accosted as they wait for a cab, too.
2007-05-13 17:05:07 · answer #9 · answered by Anonymous · 3⤊ 1⤋
Yes. It would be illegal for the police to suggest people get behind the wheel.
2007-05-13 16:57:53 · answer #10 · answered by DOOM 7 · 5⤊ 0⤋