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Originally Posted by VtSteve
Let's say, a police officer, happens to be on patrol every night, say, near the Meredith Town Docks. He patrols the dock areas. Lets say, he witnesses someone stumbling towards his boat, gets in and starts it. Let's further assume that same stumbling person is attempting to leave the docks, Without untying the boat.
Is that articulable suspicion?
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Yes.
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If that same stumbling person, that was earlier observed dancing with himself after who knows how many drinks, runs over the transom of another boat, is the officer complicit in a felony? What about the bar that dramatically over-served him?
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The bar can indeed be held responsible for overserving. Liquor Inspectors regularly investigate and sometimes bring charges in cases like these if enough evidence is developed.
You would need to prove that the officer knowingly or recklessly allowed someone that he should have known was intoxicated to operate. However liability has been charged in the past when an officer had an individual in his custody which he should have known was intoxicated, and then let them go. A very rare occurence but anything is possible. Criminal charges? Probably not, but civil liability can and has been applied to a few incidents in the past.
As always, it would depend on the facts and circumstances of the individual cae.