Can Police Wait Outside Bars In Bergen County?
If you are facing a DUI in Bergen County, you might be wondering whether police have the right to wait outside a bar for potential drunk drivers. Is this even legal? Can they “stake out” a bar and watch people exiting the establishment? The answer is somewhat complex, and you might want to discuss your legal options alongside an experienced DUI defense lawyer in New Jersey.
Police Seemingly Stake Out Karaoke Bar in Bergen County
In late September of 2024, it was reported that a woman had been arrested on DUI charges after leaving a karaoke bar in Bergen County. While the exact circumstances of this incident are not clear, police seem to be aware that the woman left the bar shortly after crashing. Could it be that the police officers followed the woman as she left the bar?
Do Police Wait Outside Bars in Bergen County?
Some police officers may decide to wait outside bars in Bergen County, hoping to catch intoxicated drivers. This is entirely legal, as police have the freedom to wait in public spaces. They can also follow their hunches to a certain degree, especially if they know that a certain establishment is serving alcohol. A common practice is to watch a parking lot outside a bar and identify patrons who enter their vehicles while obviously intoxicated.
Can Police Pull Me Over if I Came Out of a Bar?
No, police officers cannot pull you over simply because they saw you come out of a bar or pub. Although many bar patrons drink alcohol, others do not. You might have been working at the bar. In the case of a karaoke bar, you might argue that you only participated in the musical activities. Perhaps you visited a bar to see live music, but you had no interest in drinking. Whatever the case may be, it is unreasonable to believe that everyone who emerges from a bar is automatically too intoxicated to drive.
The term “reasonable” is crucial in this context. In order to pull someone over in New Jersey, police must have “reasonable suspicion” that they have committed an offense. In other words, you must commit some kind of traffic offense or unlawful activity before police can pull you over.
Even if police wait outside a bar in New Jersey, they cannot pull you over until they have probable cause. Note that this might be something as simple as not coming to a complete halt at a stop sign. If you give police no reason to pull you over, they cannot stop you.
If you were arrested on DUI charges after leaving a bar and you believe that the police may have been waiting for patrons to emerge from the establishment, think carefully about your arrest. Did you do anything to give the police reasonable suspicion? If not, you may be able to avoid consequences.
Can a DUI Defense Lawyer in Bergen County Help?
If you were arrested by police officers waiting outside a bar, you may be able to argue that your traffic stop was unconstitutional. That being said, the most appropriate defense strategy depends entirely on your unique circumstances – and targeted legal advice is only possible if you meet with a lawyer. In contrast, online research may only provide vague answers. Reach out to Phillip J. Murphy, Attorney at Law to discuss your options alongside an experienced New City criminal defense lawyer.
Sources:
msn.com/en-us/news/us/dui-driver-leaving-karaoke-bar-was-2x-legal-limit-in-bergen-county-crash-police-say-video/ar-AA1qUReF?apiversion=v2&noservercache=1&domshim=1&renderwebcomponents=1&wcseo=1&batchservertelemetry=1&noservertelemetry=1
northjersey.com/story/news/new-jersey/2024/06/28/rights-traffic-stop-what-to-know-pulled-over-nj/74230402007/
