An audit by the Colorado Bureau of Investigation found undercover officers involved with a liquor enforcement case at a Hooters in Colorado Springs didn’t do anything wrong. The review did, however, highlight investigative procedures for improvement.

The undercover officers were members of CSPD’s Metro Vice, Narcotics, and Intelligence (MVNI) division. On June 23, they cited a Hooters waitress for serving a man who they claimed was visibly intoxicated.

The waitress fought the charges and the case was eventually thrown out, but not before it came out in court that these officers were drinking as part of their undercover investigation.

That revelation brought up ethical and legal questions about the case, which prompted CSPD and the El Paso County Sheriff’s Office to agree that the CBI should do an independent audit of this case and of MVNI practices in general. The final report was completed on January 18, reviewed by both departments, and then sent to the media on January 27.

The report found no evidence that the officers tried to lie about the fact they’d been drinking that day. They also found no violations of law or departmental policy, but did find that certain procedures should be changed to improve the liquor enforcement function.

The 23-page CBI report boils down to a few recommendations, some of which are already being implemented. Those are:

• When practical, receipts for all purchases should be obtained.


• Within environmental limitations, attempt to use departmental covert audio or video recordings to gather evidence for prosecution.


• MVNI should implement a mechanism of monitoring the sobriety/impairment of undercover detectives.


• Document alcohol ordered/consumed by undercover officers in case reports or audit worksheets. These worksheets should also document time in and time out of each establishment.

Three other recommendations are still being reviewed. Those are:

• Enforcement operations should address the need for marked patrol units to respond and investigate visibly intoxicated persons. In the event charges are warranted, the summons should be served on scene by the responding officers on behalf of the undercover detectives. The responding officers will also handle any necessary transport of the suspect.


• MVNI detectives should immediately contact and cite/warn servers and establishments of underage sales violations at on-premise locations as they do with off-premise locations.


• When citing for any violation, attempt to secure a copy of the establishment’s surveillance video.