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Can The Police In Hide To Catch People For DUI?

Posted by Ronald D. Hedding | Oct 08, 2018 | 0 Comments

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 question becomes, can the police do that? Is that lawful? Is that legal in a DUI case in Los Angeles. The answer is, of course, they can hide. Of course, they can do that. The police can have problems and be subject to attack by a DUI defense attorney in Los Angeles if they're pulling the people over for no reason.

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.

The police have a lot of their cars equipped with video. Some of the LAPD officers have body cams on. If they have them turned on, you can get the body cam as a DUI defense attorney and then use that evidence to prove that they're not telling the truth. But yes, they can hide all they want.

The latest thing that I see 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 that I see capturing people – not necessarily for DUIs – but for DUI-related offenses is they'll wait at the courthouse. They have the H2O squad, where basically, they're enforcing people who are driving on 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 have 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. Suppose the person's attorney can prove that you're doing that. In that case, 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.

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.

About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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