May local law enforcement agencies use minor decoys to buy alcoholic beverages from licensed premises?
Yes. The California Supreme Court has held that the Decoy Program is legal and not entrapment. The Decoy Program allows local law enforcement agencies to use persons under age 20 as decoys to buy alcoholic beverages from licensed premises. The decision to use the Decoy Program is up to each law enforcement agency. Law enforcement agencies that choose to use the Decoy Program must follow these rules:
- The decoy must be under 20 years old;
- The decoy must appear under 21 years old;
- The decoy must carry his or her own I.D. showing the decoy's correct date of birth or carry no I.D. A decoy who carries I.D. shall present it upon request to any seller of alcoholic beverages;
- The decoy must answer truthfully any questions about his or her age; and
- After the sale, the decoy must identify the seller, face to face.
- After completion of a decoy program the law enforcement agency must notify licensees of the results, whether or not the licensees violated the law.
(Rule 141, California Code of Regulations and Section 25658)