Legal Question in DUI Law in Minnesota

entrapment and following procedures

police were parked in bar parking lot, saw me leave and followed me around 4 local streets to freeway and another 10 miles before pulling me over on pc. nothing mentioned in report about speeding, swerving, etc. is it normal police procedure to wait in a parking lot and then follow a suspect around numerous city streets and 10 freeway miles without breaking local laws.


Asked on 12/26/01, 3:26 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: entrapment and following procedures

It is common police practice to wait outside of bars, then follow people leaving the bar parking lot to see if they might be driving-impaired by alcohol. (This is not an example of "entrapment," by the way.) In order to stop a vehicle, police do not need "probable cause" to suspect the driver of a crime, but they do need "reasonable suspicion" of criminal activity sufficient to justify a stop. In other words, police need less basis to stop someone than they do to justify arresting someone. If the police had no basis for stopping you other than leaving a bar, your lawyer should be able to win your case. I would be surprised, however, if the police did not at least claim some further basis for the stop. Even so, you can still win. Normally, that will require a lawyer working hard to investigate the facts with you and to research and analyze the law for you.

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Answered on 12/26/01, 5:08 pm


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