Legal Question in DUI Law in Minnesota

Re: Is it legal?

It's legal for the officer to drive through the parking lot. In order to arrest someone, however, the officer must have probable cause. That means that he or she must have reason to believe that it is more likely than not that a crime is being committed.

SO, it depends on what the officer saw either as the person was walking out to the car, or after the person started to drive. If someone was visibly under the influence and got into a car, that would possibly be enough. The officer would have to be able to explain, however, exactly what the reason for the arrest was.

Cops love to do this, and it's been going on since automobiles were invented. Coming out of a bar and getting into a car while a cop is watching: not too smart. My experience has been that when they don't actually have probable cause, they make something up.

Re: Is it legal?

Perhaps. The police need probable cause to make a stop, and merely stopping someone because he/she was at a bar is not sufficient. If, however, they observe obvious signs of intoxication as someone is entering a car, then they can make a stop and charge the driver even if all he/she has done is put the keys in the ignition.

There is actually a rather well known case on a very similar issue. It involved the old Vikings quarterback, Tommy Kramer. A police officer recognized his car at a local bar/restaurant (on the 494 strip) and, knowing Tommy was a drunk, waited for him to come out and start to drive. He stopped Tommy right as he turned out of the parking lot and gave him a citation for DWI. The charge was ultimately dismissed (even though Tommy as apparently drunk), because the officer did not have probable cause for the stop. Merely knowing Tommy's reputation, or observing that he was coming out of a bar (without actually observing his conduct), was not enough.

If you customers get stopped. Tell them to give me a call.

Thanks for the question.

Re: Is it legal? stop of car leaving bar parking lot.

Yes. Police can legally drive through a parking lot open and available to the public. Police regularly troll for DWI stops, at or near bars.

Police cannot lawfully stop a person's car unless they observe a violation of law, or have reason to suspect criminal activity. Merely driving away from a bar would not be enough.