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Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
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Experience:  Attorney and Counselor at Law
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California alcoholic beverage control law. Can a local

Customer Question

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
Expert:  Colleen Grady replied 1 year ago.

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?

Customer: 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: replied 1 year ago.
They said she was too young to buy alcohol.
Expert:  Colleen Grady 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.

Customer: replied 1 year ago.
it's okay for decoys to lie about there age.
Expert:  Colleen Grady 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.

Customer: 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.
Expert:  Colleen Grady 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.

Customer: 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: 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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