I see many cases where the police are hiding at specific locations, ready to snatch people up for DUI. The clients who come in say I saw the police hiding. These guys came out of nowhere. They were waiting right near that bar. They were waiting right near that club, and once the bar or club emptied, they pulled me over. I didn't even do anything wrong. I barely had just gotten into my car.
So, the crucial question arises: are these police actions lawful? Is it legal for them to operate in this manner in a DUI case in Los Angeles? The answer is nuanced. While the police are permitted to conceal themselves, they can face legal challenges if they are found to be making arbitrary stops.
It's not a good reason to pull someone over because they're coming out of a bar. If you see the person staggering out of the bar and getting in a car and driving away, now we're talking. Now you have some proof. They're near a bar. They're staggering as though they're intoxicated and getting in a car and driving. You can't do that.
So, it depends on the facts and circumstances surrounding the issue of the police hiding and what they saw. It becomes an argument, and more and more, at least there are some weapons that defense attorneys have to try to challenge some of these stops because there are people with video out there.
Fortunately, there are tools available to challenge these actions. Many police vehicles are equipped with video cameras, and some LAPD officers wear body cams. If these devices are active, a DUI defense attorney can use the footage to disprove the police's claims. This underscores the importance of evidence in ensuring a fair legal process.
The latest thing that I see is that many are hiding near liquor stores and pulling people over. They figure a guy's going to get more liquor. Maybe he's already intoxicated. So, they have places where they hide.
H2O Squad Enforcing Driving on Alcohol-Suspended Licenses
Another area where individuals are often caught for DUI-related offenses is at the courthouse. Here, the H2O squad is particularly active. Their primary focus is on enforcing laws against individuals who are driving with alcohol-suspended licenses.
They have a list of people going to court – Metro Count, Downtown LA, Van Nuys Court in the Valley, and the bottom line is they're going to hide and wait outside the court.
They're going to have a list of people—they'll have a description and probably a picture because the person was arrested for a DUI—and that person is not supposed to be driving; they're going to see him get in a car and pull him over. People think they're slick—they park like five blocks from the court, but these guys are all over.
So, the police hide all the time. They're in the competitive business of ferreting out crime, and as part of being able to ferret out corruption, the police are allowed to do certain things to catch people.
Now, the issue becomes when they go too far. You can't just hide and start pulling anybody over that you want. But if the person's attorney can prove that you're doing that, you'll be in a position as the police, where that person will be able to challenge the stop, challenge the field sobriety test, challenge any statements that you make, challenge any observations that the police make from their illegal vantage point. This potential for legal challenge can empower you in your defense.
The field sobriety tests challenge any ideas you make, challenge any comments that the police make from their illegal vantage point, and get rid of the DUI case against the person.
So, if you have a case where the police are hiding somewhere, popping out and grabbing you, you want to tell your DUI defense attorney about that, but that doesn't necessarily mean the case will be dismissed.
We're going to need to look at the circumstances of the case. That's what I have you do. You come in; we talk about it. We then get the police report. Now we have that piece of the puzzle, and now we compare your version to the police's version and then compare that to experience and common sense. Then, you decide whether you're going to fight the case or whether this is a case that should be negotiated through a plea bargain. Your active involvement in your defense is crucial.