Saturday, November 19, 2011

In the state of Indiana is it legal for an officer to watch (stalk) a bar until a motorist leaves?

Basically the officer is waiting to see someone leave to pull them over and check if they have been drinking. If they have he/she takes them to jail for DUI. The officer passes by the same bar numerous times in one night and he/she's arrest record shows one bar in particular has many of its patrons arrested for DUI. The officer also sits in parking lot close to other bars and watches for people to leave. Is this legal?

In the state of Indiana is it legal for an officer to watch (stalk) a bar until a motorist leaves?
Of course it is legal, while the bar and its patrons may frown upon it, it is actually a very good technique. Saying that they could not do this would be like saying they couldn't patrol the street where all the prostitutes do their business because its unfair to the poor prostitutes. They can patrol virually anywhere they want and often focus their patrol on problem areas, in this case the bars. You would think by now the patrons at the bar you speak off would learn not to drive drunk, of course anyone that drives drunk is apparently not too bright to begin with.





It is a very good prevention technique and probably for everyone that gets caught there are 2 or 3 that are smart enough to decide not to drive because they know the cop is waiting so this keeps the streets safer both ways.





It is a very common practice for officers to be in the vicinity of bars during the times most likely to yield DUI's. Of course they still need a valid reason to pull you over, not simply because you left the bar. Do officers try harder to find a reason to stop you at these times? Yes, but there is still valid a reason (plate light, tail light, bad driving etc). I know there are some bad cops who make stuff up but for the most part we can find a legitamate reason to stop you. There are plenty of occasions though when I have really wanted to stop a car but just cant justify the stop.





The officer being there provides him with an opportunity to observe people walking to their vehicles and allows him to check on them immediately and get a chance to stop them before they spend much time on the road thus increasing the risk to the public. I have picked up many DUI's before they even make it out of the parking lot because I either saw them stumble to the car or more often I have overheard someone trying to convince them not to drive or someone has actually motioned to me to stop the guy.





This question has been asked a couple times recently and I wish people would take more responsibility for their actions instead of blaiming the police for their problems. If you are DUI and you get caught then too bad for you, take your punishment. The day that I am told I cant patrol near the bars to try to catch DUI's and keep our streets safe is the day that I turn in my badge.
Reply:Yes, but they still have to have reasonable suspicion to initiate the traffic stop. Police can pull people over coming from and going to any place they choose.
Reply:In the state that i live it is against the law. having something to do with decreasing the amount of customers that a bar would have and hurting their income. however, cops will do it anyway.
Reply:with out question yes !!! , a smart officer knows which places to sit and siting near a bar . is well smart . follow the vehicle for a bit to see is there is reason to stop them . people should know by now that driving while drunk is a crime and police officers such as my self make it a top priority to stop them .





i have seen my fair share of FATAL , DUI related accidents


so i say if a officer is siting near a bar GREAT !!
Reply:Merely leaving a bar is not grounds to pull someone over. Apparently they are viewing other things suggestive of DUI in order to have probable cause. There is nothing illegal as it's done in Ky alot too. Go into the bar, don't drink anything and see what happens. IF you get pulled over, ask what the reason is. Use a designated driver which is best for everyone. If there is not sufficient cause then file a complaint.


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