Legal Question in Criminal Law in North Carolina

Is it legal for a alcohol law enforcement officer to write you a ticket when he is in streets clothes and tries to provide you with a alcoholic drink? Is this not illegal for him to do because he is providing alcohol to a minor?


Asked on 12/03/11, 8:20 pm

1 Answer from Attorneys
Clarke Dummit Dummit Fradin (Winston-Salem Office)

As a general rule, the officer is not required to be in any uniform to issue a citation, and as a general rule Law Enforcement Officers can use deception and lie to you in the investigation of any case. It does not seem morally right, but officer's regularly rely on deception in getting evidence. If the case rises to the level of entrapment then you may have an affirmative defense, but the charge was still valid until the defense if proven in court.

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Answered on 12/06/11, 4:17 pm


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