Site Notices
7/23/2014 4:06:00 PM
7/21/2014 6:12:25 PM
Page:  / 2
Next Page  
Author
Message
sturmjr
NorCal official site issued nickname -- Warlock
Military
Offline
Posts: 6716
Feedback: 100% (19)
Link To This Post
Posted: 7/15/2013 1:55:15 PM
Originally Posted By Aimless:

Originally Posted By MurdocUSA:
It's in view of the public. If you're standing behind your front glassdoor masterbating as school children walk by are you not committing an offence? If you're in your front yard drunk, acting like a jackass and the neighbors call the cops you may just go to jail.

Goddammit, there go my afternoon plans


I always knew you were a dirty dirty bird.



Love the sig line, BTW. Never read it before.
-- Being an asshole is all part of my manly essence.

-- They say I'm too young to be a bitter clinger.
Truth2882
I keeps it real.
Offline
Posts: 11340
Feedback: 100% (29)
Link To This Post
Posted: 7/15/2013 2:02:33 PM
So much for property rights
Weld4fun
Member
Offline
Posts: 2560
Feedback: 0% (0)
Link To This Post
Posted: 7/15/2013 2:11:19 PM
Originally Posted By rjelliott:
I have always been told that if an officer comes to your house and you are drunk and he asks you to step outside to always invite him in or as soon as you come outside the house You are technically in public and can be arrested even on your own property.



Why not just tell him to fuck off?


No, inviting them in sounds much better.

SteelTalon
Offline
Posts: 4826
Feedback: 100% (7)
Link To This Post
Posted: 7/15/2013 2:13:32 PM
Originally Posted By acegunner:
If I am drunk in my yard or in my neighbors yard(which connect) and are the same piece of grass and I am allowed on his property, can I be arrsterd for public intoxication?

This is a real question, a friend was detained for this. He caused no harm to anyone or himself and the police came for a different reason.


If you're in clear view and acting a fool to draw their attention.. You very well can be arrested and hauled in. Being detained is just that. "being detained.." Until a determination to arrest or not is made. For whatever reason the police came to the place your friend was at. Was your friend arrested?
thebomber
Member
Offline
Posts: 12409
Feedback: 100% (58)
Link To This Post
Posted: 7/15/2013 2:17:09 PM
Originally Posted By rjelliott:
I have always been told that if an officer comes to your house and you are drunk and he asks you to step outside to always invite him in or as soon as you come outside the house You are technically in public and can be arrested even on your own property.


That sounds like entrapment.

All second place means is you're the first fucking loser
M4-AK
Member
Offline
Posts: 20184
Feedback: 0% (0)
Link To This Post
Posted: 7/15/2013 2:23:32 PM
I was drunk in a bar... They threw me into Public.
Ron White
Pi_r_Round
Cornbread r2
Offline
Posts: 2159
Feedback: 100% (1)
Link To This Post
Posted: 7/15/2013 2:23:47 PM

Originally Posted By bakkbakk:
Originally Posted By Pi_r_Round:
I think if you are "in view" of the public they can.


So if im shitfaced with my curtains open i can get arrested?


Not sure about that one.

Let my people Fo.
72826
See you down in Arizona bay
Online
Posts: 7494
Feedback: 100% (4)
Link To This Post
Posted: 7/15/2013 2:41:52 PM

Originally Posted By ski2060:
Being in the Justice System and dealing with PI on a weekly basis, I'll say " It depends".
In TX, as someone posted above, you can be arrested for being intoxicated in public. Your yard/porch is NOT public property unless you are a business.


Businesses are still on private property...

Shall not be infringed = NO compromise
ski2060
Offline
Posts: 713
Feedback: 100% (1)
Link To This Post
Posted: 7/15/2013 2:47:31 PM
True. Depends on the business I guess. Any kind of store, etc that deals with the public in any way, and boom... Public property for the purposes of PI.
TrojanMan
Videogame-like, but military style.
Offline
Posts: 19775
Feedback: 100% (7)
Link To This Post
Posted: 7/15/2013 2:49:56 PM
A really shitty riding lawn mower, while drunk, at full throttle (maybe a whole eight MPH) is one of life's finer pleasures.
ElSupremo
Offline
Posts: 1497
Feedback: 100% (17)
Link To This Post
Posted: 7/15/2013 2:52:34 PM
Originally Posted By hubcityraider:
No doubt you can. There was even an arfcommer that got a DWI open container ticket in Arkansas a few years back while plowing his field on a tractor that never left his property. Can't remember how the initial contact happened.

ETA: open container as the below poster noted, not a DWI.


He must have been "Jimmy Buffet drunk" or plowing nekkid or just acting a real fool to get that.

dbrowne1
Zero Force Member
Offline
Posts: 15009
Feedback: 100% (22)
Link To This Post
Posted: 7/15/2013 2:54:58 PM
In Virginia, yes. One of our appellate courts, in its infinite wisdom, decided that you are still "in public" for purposes of the "drunk in public" statute if you're within view view/earshot of the public. So if you're in the middle of a very large property ... probably not. But on a typical front yard or porch, yes.
As a general rule, I'm always wary of total strangers who have the authority to totally ass-rape my life - runcible
dbrowne1
Zero Force Member
Offline
Posts: 15010
Feedback: 100% (22)
Link To This Post
Posted: 7/15/2013 2:55:54 PM
Originally Posted By 25Chuck:
Originally Posted By acegunner:
What if I am having a cookout and everyone is drinking? Can they just come and arrest people? The law cannott be changed because you are being nice or being a dick. It is either legal or illegal. Kinda like gun rights.


The best way to find the answer is to look up your state's specific laws which should include a definition of what being "in public" is.


Most of them don't define that very well, if at all.
As a general rule, I'm always wary of total strangers who have the authority to totally ass-rape my life - runcible
ElSupremo
Offline
Posts: 1498
Feedback: 100% (17)
Link To This Post
Posted: 7/15/2013 2:56:20 PM
Originally Posted By Barney_Calhoun:
In this day and age, you can likely be arrested for taking a piss in your own toilet.


Or just calling a spade, a spade. If your drunk don't call a spade, in a loud voice, a "mother-fucking shovel" when the magistrate is near.

ElSupremo
Offline
Posts: 1499
Feedback: 100% (17)
Link To This Post
Posted: 7/15/2013 2:59:54 PM
Originally Posted By VooDoo3dfx:
Public intoxication is only covered under local ordinance around here. Even still, I don't think it is covered on private property. (I don't think we even have one)

Being a belligerent asshole to your neighbors while drunk.. will get you charged.

But that is more on being an asshole, then being drunk.


I am not a belligerent asshole, asshole. Hold my beer, asshole, while I piss in my front yard.

dbrowne1
Zero Force Member
Offline
Posts: 15011
Feedback: 100% (22)
Link To This Post
Posted: 7/15/2013 3:01:12 PM
Originally Posted By rjelliott:
I have always been told that if an officer comes to your house and you are drunk and he asks you to step outside to always invite him in or as soon as you come outside the house You are technically in public and can be arrested even on your own property.


I'll give you some better advice - don't even open the door if an officer comes to your house. That solves every conceivable problem right there.
As a general rule, I'm always wary of total strangers who have the authority to totally ass-rape my life - runcible
fadedsun
FUBIJAR
Military
Offline
Posts: 21823
Feedback: 100% (9)
Link To This Post
Posted: 7/15/2013 3:01:47 PM
Originally Posted By 72826:

Originally Posted By ski2060:
Being in the Justice System and dealing with PI on a weekly basis, I'll say " It depends".
In TX, as someone posted above, you can be arrested for being intoxicated in public. Your yard/porch is NOT public property unless you are a business.


Businesses are still on private property...



But commonly accessible to the public, right?
Commanding general of Arfcom's armored division.
wildturkey09
Member
Offline
Posts: 755
Feedback: 100% (1)
Link To This Post
Posted: 7/15/2013 3:01:51 PM
Originally Posted By BobP:
Originally Posted By JimEb:
So I guess mowing your lawn on a rider with a can of beer is an instant DUI. Thought we had a thread on that awhile ago.


Yes, I've read news stories about people arrested for mowing while drunk, riding their scooters, and riding horses while drunk. A couple of years ago I read about a farmer ticketed for open container for drinking a beer while operating his tractor in his field. I don't know the outcome of any of those cases, I'd hope many get tossed out. I say many, and not all because some of these people actually ventured out on the highway while drunkenly driving their lawnmowers.

ETA: Someone already mentioned the farmer, that's probably the incident I remembered.


Funny story. About 20 years ago I met a cowboy that had got busted for DUI and lost his license. He started riding his horse to the bar and got a DUI on his horse. The reason he was given was he was in control of his horse. He then proceeded to teach his dog how to hold the reigns on the horse and took them both to the bar, got charged with another DUI and beat it beat the charge because the dog was driving.

I still think he was pulling my leg.

There are no PI laws here, I didn't even know they existed until i was an adult and actually could hardly believe that laws like that could be passed.
peecmkr45
Member
Offline
Posts: 981
Feedback: 100% (17)
Link To This Post
Posted: 7/15/2013 3:02:44 PM
[Last Edit: 7/15/2013 3:03:54 PM by peecmkr45]
Not in Texas, maybe possible in unfenced front yard.
nightstalker
In for a Penny, In for a Pound
Offline
Posts: 31400
Feedback: 0% (0)
Link To This Post
Posted: 7/15/2013 3:04:10 PM
Originally Posted By Pi_r_Round:
I think if you are "in view" of the public they can.


Our city passed an ordinance (4th of July Parade related...250,000 extra people in a 250,000 population town) that curbed public consumption of alcohol in public view. No driveway drinking...etc.
once you have paid him the Dane-geld, you never get rid of the Dane

Elections, the advance auction of stolen goods.

When words lose their meaning, a people can move neither hand nor foot.
thekirk
Member
Offline
Posts: 745
Feedback: 0% (0)
Link To This Post
Posted: 7/15/2013 3:05:05 PM
Originally Posted By dbrowne1:
Originally Posted By rjelliott:
I have always been told that if an officer comes to your house and you are drunk and he asks you to step outside to always invite him in or as soon as you come outside the house You are technically in public and can be arrested even on your own property.


I'll give you some better advice - don't even open the door if an officer comes to your house. That solves every conceivable problem right there.


Right up until they knock your door down to perform a "welfare check" on you for behaving "oddly".

Face it: In today's legal environment, you simply cannot win. Let law enforcement into your home, you can be arrested for something they find or observe. Don't let them in? They can break the door down, citing "exigent circumstances", and do the same thing, anyway. In some jurisdictions, we're not too far off from the sort of crap that you see in that Luc Besson movie, The Fifth Element.
Zardoz
Offline
Posts: 16419
Feedback: 100% (28)
Link To This Post
Posted: 7/15/2013 3:06:12 PM
Originally Posted By chmodx:
IF you are in any place which can be readily viewed/heard by someone lawfully in a public place(including your front porch, a passenger in a vehicle), you CAN be arrested for it.


Unless you're on a moped in SC. No such thing as DUI on mopeds, IIRC.
56type
Offline
Posts: 1738
Feedback: 100% (3)
Link To This Post
Posted: 7/15/2013 3:09:44 PM
Originally Posted By Pi_r_Round:
I think if you are "in view" of the public they can.


Believe this is correct. The instant you walked out the door of your house you are considered to be "in public". Really depends on how your particular state defines it.

KennyW1983
Survivor of Cockpocalypse V2.0
NRA
Offline
Posts: 4125
Feedback: 100% (1)
Link To This Post
Posted: 7/15/2013 3:10:26 PM
If a cop really wants to arrest you he will find something to arrest you for. Even if you arent doing anything wrong.
"Your freedom to be you includes my freedom to be free from you." - Andrew Wilkow
dbrowne1
Zero Force Member
Offline
Posts: 15014
Feedback: 100% (22)
Link To This Post
Posted: 7/15/2013 3:11:17 PM
[Last Edit: 7/15/2013 3:12:38 PM by dbrowne1]
Originally Posted By thekirk:
Originally Posted By dbrowne1:
Originally Posted By rjelliott:
I have always been told that if an officer comes to your house and you are drunk and he asks you to step outside to always invite him in or as soon as you come outside the house You are technically in public and can be arrested even on your own property.


I'll give you some better advice - don't even open the door if an officer comes to your house. That solves every conceivable problem right there.


Right up until they knock your door down to perform a "welfare check" on you for behaving "oddly".

Face it: In today's legal environment, you simply cannot win. Let law enforcement into your home, you can be arrested for something they find or observe. Don't let them in? They can break the door down, citing "exigent circumstances", and do the same thing, anyway. In some jurisdictions, we're not too far off from the sort of crap that you see in that Luc Besson movie, The Fifth Element.


Make them kick it in. Seriously. That will ultimately result in a bigger win for you than whatever game they wanted to play when they knocked on your door, and they might be too chickenshit to do it anyway, with or without a reason to do it.
As a general rule, I'm always wary of total strangers who have the authority to totally ass-rape my life - runcible
blackrage
Offline
Posts: 454
Feedback: 0% (0)
Link To This Post
Posted: 7/15/2013 3:13:42 PM
yes you can i was arrested in my front lawn for public intoxication
AJE
Creepy Ass Cracker
Instructor
Offline
Posts: 20703
Feedback: 100% (36)
Link To This Post
Posted: 7/15/2013 3:18:09 PM
Here it's "in a public place or in the presence of two or more persons" IIRC.

It'd be a big stretch for that in your neighbors yard (as long as you're welcome there, anyway).
GLOCK Armorer
Do, or do not. There is no "try" - Yoda
dbrowne1
Zero Force Member
Offline
Posts: 15015
Feedback: 100% (22)
Link To This Post
Posted: 7/15/2013 3:20:30 PM
Originally Posted By AJE:
Here it's "in a public place or in the presence of two or more persons" IIRC.

It'd be a big stretch for that in your neighbors yard (as long as you're welcome there, anyway).


Doesn't sound like it would be much of a stretch at all. You're in the presence of two or more people as soon as one cop shows up (you plus him). Your neighbor wouldn't even have to be home.
As a general rule, I'm always wary of total strangers who have the authority to totally ass-rape my life - runcible
AJE
Creepy Ass Cracker
Instructor
Offline
Posts: 20704
Feedback: 100% (36)
Link To This Post
Posted: 7/15/2013 3:24:16 PM
Originally Posted By dbrowne1:
Originally Posted By AJE:
Here it's "in a public place or in the presence of two or more persons" IIRC.

It'd be a big stretch for that in your neighbors yard (as long as you're welcome there, anyway).


Doesn't sound like it would be much of a stretch at all. You're in the presence of two or more people as soon as one cop shows up (you plus him). Your neighbor wouldn't even have to be home.


I forgot to mention, we don't count as one of those persons according to our prosecutor.
GLOCK Armorer
Do, or do not. There is no "try" - Yoda
dbrowne1
Zero Force Member
Offline
Posts: 15017
Feedback: 100% (22)
Link To This Post
Posted: 7/15/2013 3:30:15 PM
Originally Posted By AJE:
Originally Posted By dbrowne1:
Originally Posted By AJE:
Here it's "in a public place or in the presence of two or more persons" IIRC.

It'd be a big stretch for that in your neighbors yard (as long as you're welcome there, anyway).


Doesn't sound like it would be much of a stretch at all. You're in the presence of two or more people as soon as one cop shows up (you plus him). Your neighbor wouldn't even have to be home.


I forgot to mention, we don't count as one of those persons according to our prosecutor.


Oh, well that makes it much harder then. So you just have to have one of the neighbors there with you. Or the cop can just wait for a kid to walk by on the sidewalk.
As a general rule, I'm always wary of total strangers who have the authority to totally ass-rape my life - runcible
BigRedDog
Member
NRA
Online
Posts: 4726
Feedback: 100% (11)
Link To This Post
Posted: 7/15/2013 3:30:41 PM
Originally Posted By rjelliott:
I have always been told that if an officer comes to your house and you are drunk and he asks you to step outside to always invite him in or as soon as you come outside the house You are technically in public and can be arrested even on your own property.


nope. if you let him in you get a free ride anyway

It is a very limited mind that can only think of one way to spell a word.

“The problems we face today exist because the people who work for a living are outnumbered by those who vote for a living.”
AJE
Creepy Ass Cracker
Instructor
Offline
Posts: 20706
Feedback: 100% (36)
Link To This Post
Posted: 7/15/2013 3:31:40 PM
Where I work, it's rural enough that it is much harder.
GLOCK Armorer
Do, or do not. There is no "try" - Yoda
woodsie
Member
Online
Posts: 9275
Feedback: 100% (1)
Link To This Post
Posted: 7/15/2013 3:42:17 PM
Originally Posted By bookertbab:
This nation is over lawed.


Best post in the entire thread.

The fact that we even have a thread where the majority of us are scratching our heads and stumbling over the ambiguities of public intoxication laws tells me all I need to know.

Andr0id
Member
Offline
Posts: 4384
Feedback: 0% (0)
Link To This Post
Posted: 7/15/2013 3:53:13 PM
Originally Posted By 72826:

Originally Posted By ski2060:
Being in the Justice System and dealing with PI on a weekly basis, I'll say " It depends".
In TX, as someone posted above, you can be arrested for being intoxicated in public. Your yard/porch is NOT public property unless you are a business.


Businesses are still on private property...



Open to the public means a business where customers can enter freely without making reservations or being invited in, but it is not public property like the street.


Ok, if a giant fiery hole opened in the ground and swallowed Congress and the White House and left everything around untouched I might say "Whoa WTF!!" - Ragin_Cajun
Bigshot64
Travelin' man
Offline
Posts: 15925
Feedback: 100% (167)
Link To This Post
Posted: 7/15/2013 3:58:29 PM
Originally Posted By 4bangin:
Judge put it best once: you have a right to masturbate in your castle, however that right ends at the drawbridge.


Awesome. Challenge accepted

"Guard well the west gate"
Tennessee Squire
Grand Knight of Asshattery

Official NorCal_LEO nickname "jellyroll"
Breechlock1
Member
Online
Posts: 152
Feedback: 0% (0)
Link To This Post
Posted: 7/15/2013 4:21:00 PM
In the city I live there is no such thing as public intoxication. Our codified ordinance has "Intoxication". It states that (paraphrasing) No person, while under the influence of an intoxicating liquor or substance, shall cause/create a disturbance, annoyance, or alarm...... or so intoxicated cant make clear and safe decisions for themselves or others. . Its basically a disorderly conduct. It is a minor misdemeanor. You get put in the drunk tank for 4-6 hours and released. The judge gives you credit for time served if you are found guilty so it doesn't even cost you anything. It is a great problem solver when drunk people can't act like adults and it keeps a lot of situations from escalating into Domestic Violence incidents. Its also used when people are so fall down drunk they are falling in the road etc etc
dbrowne1
Zero Force Member
Offline
Posts: 15023
Feedback: 100% (22)
Link To This Post
Posted: 7/15/2013 4:25:43 PM
Originally Posted By Breechlock1:
In the city I live there is no such thing as public intoxication. Our codified ordinance has "Intoxication". It states that (paraphrasing) No person, while under the influence of an intoxicating liquor or substance, shall cause/create a disturbance, annoyance, or alarm...... or so intoxicated cant make clear and safe decisions for themselves or others. . Its basically a disorderly conduct. It is a minor misdemeanor. You get put in the drunk tank for 4-6 hours and released. The judge gives you credit for time served if you are found guilty so it doesn't even cost you anything. It is a great problem solver when drunk people can't act like adults and it keeps a lot of situations from escalating into Domestic Violence incidents. Its also used when people are so fall down drunk they are falling in the road etc etc


That's how it should be everywhere. I'm not even sure why the "drunk" part is needed in "drunk and disorderly." Merely being drunk shouldn't bother anyone, and causing a disturbance should be illegal whether you're drunk or not.
As a general rule, I'm always wary of total strangers who have the authority to totally ass-rape my life - runcible
acegunner
Member
Offline
Posts: 4956
Feedback: 100% (17)
Link To This Post
Posted: 7/15/2013 4:52:01 PM
I am truly surprised with all of the legitimate and helpful comments in GD. Thanks.


"When I pass away, I hope my wife sells my stuff for what it's worth, and not what I told her I paid for it !!"
25Chuck
Like A Monster Truck You Can Pour Into Your Face!
Military
Offline
Posts: 5715
Feedback: 100% (5)
Link To This Post
Posted: 7/15/2013 6:00:14 PM
Originally Posted By dbrowne1:
Originally Posted By 25Chuck:
Originally Posted By acegunner:
What if I am having a cookout and everyone is drinking? Can they just come and arrest people? The law cannott be changed because you are being nice or being a dick. It is either legal or illegal. Kinda like gun rights.


The best way to find the answer is to look up your state's specific laws which should include a definition of what being "in public" is.


Most of them don't define that very well, if at all.


That doesn't surprise me but if I were the OP my first move would have been to look up the law, then I would be a little better informed before coming here with more questions.
"It is better to live one day as a lion than one hundred years as a sheep."

"if evil men were not now and then slain it would not be a good world for weaponless dreamers." -Kim by Rudyard Kipling
staringback05
Disconnect and self destruct one bullet at a time.
Offline
Posts: 7774
Feedback: 100% (1)
Link To This Post
Posted: 7/15/2013 6:06:09 PM
depends on you're state, but you generally have to be affecting the public in some way shape or form if you are on youre own property
"The pain of discipline is far less than the pain of regret"
"Cowards never started and the weak quit long ago, that leaves us"
Billy-the-Man
I'll drink to that......and that... and, that too
Military
Offline
Posts: 2235
Feedback: 0% (0)
Link To This Post
Posted: 7/15/2013 7:39:53 PM
tired of this shit
FlyingGorilla
Member
Online
Posts: 2925
Feedback: 0% (0)
Link To This Post
Posted: 7/15/2013 8:23:33 PM
In my Mom's family there is a feud going on because one cousin was cited by another cousin for public intoxication for drinking beer while sitting on his front porch. He was in plain view from the street and that is the legal definition of "in public" that Virginia was enforcing the laws to. The LEO cousin's comments are that if the beer drinking cousin had been in his back yard, there would have been no ticket, but being visible from the street or sidewalk put him in public and therefore subject to the restrictions of drinking in public and public intoxication.
Arfcom: I came for the tech, I stayed for GD

Proud member Team Ranstad
Aeschylus
Offline
Posts: 1143
Feedback: 0% (0)
Link To This Post
Posted: 7/15/2013 8:33:54 PM
My buddy had to go to court twice for drinking on his front porch. One was a beer the second was a jack and coke in a cup. Its also impossible to see him from the road. The cop used his driveway to turn around and saw him. He wasnt even drunk
Atomic_Ferret
RIP Harley
Offline
Posts: 14151
Feedback: 0% (0)
Link To This Post
Posted: 7/15/2013 8:35:55 PM
Hope no popos see me.

Corona time on my back patio.
Fuck da police!!!!!
"There is a time for peace and talk and reason; and then, at long last, and only with sadness of heart and mournful admission that all your wisdom and words have failed, you must go kill you some motherfuckers and set some of their shit on fire"
tsay86
Offline
Posts: 273
Feedback: 100% (28)
Link To This Post
Posted: 7/15/2013 9:09:24 PM
Speaking for the State of Texas:

Yes...if its easily accessible by the public. Example: any person can walk right to your front door and knock. I
jl_434
Member
Offline
Posts: 142
Feedback: 100% (2)
Link To This Post
Posted: 7/15/2013 9:12:26 PM
I can say for absolute fact that in my AO if you're drunk and being a dick on your front porch they will hook for PI in a hot minute
strat81
Misanthropic Realist
NRAInstructor
Offline
Posts: 27157
Feedback: 100% (36)
Link To This Post
Posted: 7/15/2013 9:14:50 PM
Originally Posted By 25Chuck:
Some states (AZ for example) don't have PI laws at all.


I'm sure they have some other "catch-all" charge like disorderly conduct, disturbing the peace, or something similar.
"I believe in Karma. That means I can do bad things to people all day long and I assume they deserve it." - Dogbert

Join the Nebraska Firearms Owners Association today! http://www.nebraskafirearms.org/
Page:  / 2
Next Page