Legal Question in Criminal Law in California

eliciting minors

Is it legal for law-enforcement to use minors to purchase alcohol or tabacco knowing they are using a minor for the purpose of issuing a citation or complaint against a retailer?


Asked on 11/22/01, 1:35 am

2 Answers from Attorneys
Victor Hobbs Victor E. Hobbs

Re: eliciting minors

Since the minor will not be consuming the beverage. What harm is there in using the minor to trap a criminal? We'll there may be some risk to the minor. But I don't think that's the issue you're raising. And depending on what was said to induce the shop owner or clerk to sell to a minor, the defense of entrapment is a possible defense that can be raised at the trial.

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Answered on 11/24/01, 10:32 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: eliciting minors

Having read the two other responses I am supplementing their answer. California code, I don't recall the code section, specifically provides that the law enforcement officers can use minors to purchase tobacco or alcohol.

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Answered on 1/12/02, 1:16 am


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