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California alcoholic beverage control law. Can a local

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California alcoholic beverage control law. Can...
California alcoholic beverage control law.
Can a local police department send a decoy to buy alcohol and lie about their age.
Submitted: 1 year ago.Category: Criminal Law
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Answered in 1 minute by:
6/11/2016
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
Experience: Attorney and Counselor at Law
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Hello. I will help you with your question. I have been an attorney for 27 years and I was a prosecutor for 9 years. Do you mean the decoy lied that they were older than the drinking age or younger?

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Customer reply replied 1 year ago
I am a liquor store clerk. I was cited for selling alcohol to a minor. I asked her for her age and she said she was old enough. I told the officer she told me that she was old enough. He said kids lie so u have to check for id. Is this entrapment?
Customer reply replied 1 year ago
They said she was too young to buy alcohol.
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

This is not entrapment. In 1994, The California Supreme Court ruled that underage decoys could be used by the police to see if stores were checking ID's to make sure alcohol was not sold to persons under 21. If you did an ID check and the person had a fake ID stating they were 21 or over, you would have a defense.

Please let me know if I can help more. I will be happy to answer your questions. If you are satisfied with my help, please rate me.

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Customer reply replied 1 year ago
it's okay for decoys to lie about there age.
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

Yes. Law enforcement officers use undercover personnel all the time to do this all the time. It is called The Decoy Shoulder Tap Program. It is designed to make sure proper procedures are being followed by stores because underage drinking is out of control.

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Customer reply replied 1 year ago
The Decoy Shoulder Tap Program is totally different. That's when they use decoys to convince customers to furnish alcohol for them. This program is not for store owners.
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

I am going to opt out to let another expert help you. I know it is permissible under the law for the decoy to buy from retail stores. Another expert can give you more specific information.

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Customer reply replied 1 year ago
a decoy who carries identification shall present it upon request to any seller of alcoholic beverages; and shall answer truthfully any questions about his or her age.
Customer reply replied 1 year ago
After providing me with the wrong answer she had to opt out. SMH. I actually googled for the correct answer. Thanks.
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Colleen Grady
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
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