Legal Question in Criminal Law in California
Is it Illegal to drink in a private residence or Is this entrapment?
Last night, Jan & Bob were at Mikes house playing video games and having drinks when Mike suddenly appeared to be having a heart attack and then he became unconscious. Jan called 911 and Bob performed CPR on Mike. The sheriff's arrived 1st as Mike regained consciousness. Before they left they asked Bob to step outside to talk to them and led him towards the patrol car parked at the curb. As soon as he was near their car, they arrested him for being drunk in public. He wasn't acting drunk but they smelled alcohol on his breath. He was in a private residence until the called him outside! Is it legal for them to do this ? It seems like entrapment. (their real names were not used.)
1 Answer from Attorneys
Re: Is it Illegal to drink in a private residence or Is this entrapment?
Yes, the cops' behavior should qualify as entrapment and Mike should get an effective lawyer to fight this case.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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