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Posted: 7/15/2013 7:40:45 AM EDT
[#1]
In for a legal answer. Same question if I get drunk on my boat tied up at the dock (engines off, and keys stowed away)
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Posted: 7/15/2013 7:43:12 AM EDT
[#2]
Let me assure that I am not standing 2 inches from the curb and screaming "Fuck the police"
This is a true legal question
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Posted: 7/15/2013 7:47:32 AM EDT
[#3]
Per Texas penal code
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Posted: 7/15/2013 7:49:21 AM EDT
[#4]
I know someone who was arrested for what you ask. Because he was outside of his house is what he was told. Hasn't gone to court yet, so I don't have an outcome.
And the question concerning the boat tied up at the dock - yes, public intox. Around my town, they are now arresting people in the car for public intox if the driver is arrested for DUI/DWI. |
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Posted: 7/15/2013 7:51:38 AM EDT
[#5]
The real answer is, YES.
You can be arrested for anything but its whether or not it will stick in court. As they say, you might beat the wrap but you won't beat the ride. It has been shown plenty of times that cops can and do arrest at their discretion. If PC isn't there, they will make it up. Some of the most common and easiest reasons are public intoxication & disorderly contact. |
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Posted: 7/15/2013 7:53:08 AM EDT
[#6]
Is your property public, like a store, or residential?
As stated the cop can arrest or detain, maybe not lawfully but effectively, but that doesn't mean a law was broken. |
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Posted: 7/15/2013 7:54:31 AM EDT
[#7]
You sure can.
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Posted: 7/15/2013 7:55:58 AM EDT
[#8]
I think if you are "in view" of the public they can.
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Posted: 7/15/2013 7:56:42 AM EDT
[#9]
My money is on this varies by jurisdiction. Some places value your property rights far more than others. Then again 99% of the time unless you're doing something stupid or your neighbors hate you Johnny Law ain't gonna stop by.
For the boat question, what do you mean by keys stowed? In your pocket? the tacklebox? in a cubby? somewhere you have knowledge of and access to? Generally if you have the keys or ready access to them a motor vehicle is considered to be under you control which is apparently the same as driving. Boats of course get tricky as many places if it has to be registered it doesn't matter whether its under power or rowed. IME fish cops are less Gestapo than normal municiple or state, so I personally wouldn't sweat it so long as the keys were not around. |
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Posted: 7/15/2013 7:58:11 AM EDT
[#10]
You don't really own the property, you rent it from the government, so yes
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Posted: 7/15/2013 7:58:34 AM EDT
[#11]
Judge put it best once: you have a right to masturbate in your castle, however that right ends at the drawbridge.
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Posted: 7/15/2013 7:58:35 AM EDT
[#12]
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.
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Posted: 7/15/2013 8:01:19 AM EDT
[#13]
Had it happen to more than one of my Sailors in Fucking Norfolk. Grabbed off their own front porch.
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Posted: 7/15/2013 8:01:32 AM EDT
[#14]
Quoted:
I know someone who was arrested for what you ask. Because he was outside of his house is what he was told. Hasn't gone to court yet, so I don't have an outcome. And the question concerning the boat tied up at the dock - yes, public intox. Around my town, they are now arresting people in the car for public intox if the driver is arrested for DUI/DWI. This is what I have always found to be bullshit. How is this a legitimate offense? What's the point of having bar's in the US when you cannot legally leave and get home (whether it be by walking or by taxi)? I've seen people arrested for PI simply because they were there. Other than having alcohol in their system, they were doing nothing to indicate they were intoxicated. Yet, they were arrested and brought in for PI. I don't get it. |
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Posted: 7/15/2013 8:01:32 AM EDT
[#15]
What is your boat is also your house, as in you live there.
If you can't get drunk in the privacy of where you live when did we make ETOH against the law? |
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Posted: 7/15/2013 8:01:43 AM EDT
[#16]
Quoted:
Judge put it best once: you have a right to masturbate in your castle, however that right ends at the drawbridge. And we request that if you do so atop the wall, that you keep your naughty bits behind the battlements. 
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Posted: 7/15/2013 8:01:54 AM EDT
[#17]
You bet your bippy, if your shenagins are visible from public property. Just like if you play with yourself in the front window.
ETA: iot may be helpful to contemplate the differences and similarities between "in public" and "on public property". |
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Posted: 7/15/2013 8:02:09 AM EDT
[#18]
Quoted:
In for a legal answer. Same question if I get drunk on my boat tied up at the dock (engines off, and keys stowed away) That would land you a DUI. Same as if you were drunk ans sleeping in the backseat of your car |
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Posted: 7/15/2013 8:02:12 AM EDT
[#19]
Some states (AZ for example) don't have PI laws at all.
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Posted: 7/15/2013 8:02:32 AM EDT
[#20]
Well I've certainly may have been misinformed. I was always told you could openly drink while operating a boat in Oklahoma. I guess as long as you aren't completely wasted? |
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Posted: 7/15/2013 8:03:11 AM EDT
[#21]
Quoted:
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. Yes Quoted:
In for a legal answer. Same question if I get drunk on my boat tied up at the dock (engines off, and keys stowed away) Yes, BWI. Not sure if its a live aboard. You can also be arrested for DUI while using riding lawn mower on you own property. Fucked up, ain't it? |
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Posted: 7/15/2013 8:03:20 AM EDT
[#22]
Quoted:
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. Never invite the man into your life. This is what screen doors were invented for. |
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Posted: 7/15/2013 8:04:14 AM EDT
[#23]
Quoted: Quoted: I know someone who was arrested for what you ask. Because he was outside of his house is what he was told. Hasn't gone to court yet, so I don't have an outcome. And the question concerning the boat tied up at the dock - yes, public intox. Around my town, they are now arresting people in the car for public intox if the driver is arrested for DUI/DWI. This is what I have always found to be bullshit. How is this a legitimate offense? What's the point of having bar's in the US when you cannot legally leave and get home (whether it be by walking or by taxi)? I've seen people arrested for PI simply because they were there. Other than having alcohol in their system, they were doing nothing to indicate they were intoxicated. Yet, they were arrested and brought in for PI. I don't get it. More arrests mean the police are doing a better job which translates into pay raises and bonuses for the bosses. Watch Season 4 of "The Wire" 
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Posted: 7/15/2013 8:04:40 AM EDT
[#24]
Quoted:
I know someone who was arrested for what you ask. Because he was outside of his house is what he was told. Hasn't gone to court yet, so I don't have an outcome. And the question concerning the boat tied up at the dock - yes, public intox. Around my town, they are now arresting people in the car for public intox if the driver is arrested for DUI/DWI. about 25 years ago my mom was "arrested" for DUI... she had not been drinking but the 4 passengers in the car were all knock down drunk...she was the DD... got to the station and blew 0.00 they let her go but the still arrested the 4 in the car for PI.... in the end they all beat the charge but it cost all of them about $2,000.00 to $3,000.00 each to do so.. |
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Posted: 7/15/2013 8:07:19 AM EDT
[#25]
Quoted:
I think if you are "in view" of the public they can. So if im shitfaced with my curtains open i can get arrested? |
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Posted: 7/15/2013 8:10:22 AM EDT
[#26]
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.
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Posted: 7/15/2013 8:11:38 AM EDT
[#27]
Quoted:
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? In Texas I don't think so. Our right to privacy laws say don't look through the window. |
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Posted: 7/15/2013 8:11:58 AM EDT
[#28]
Quoted:
Quoted:
Judge put it best once: you have a right to masturbate in your castle, however that right ends at the drawbridge. And we request that if you do so atop the wall, that you keep your naughty bits behind the battlements. But you can wave them in the general direction of others. 
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Posted: 7/15/2013 8:12:55 AM EDT
[#29]
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.
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Posted: 7/15/2013 8:14:43 AM EDT
[#30]
Quoted:
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. |
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Posted: 7/15/2013 8:15:46 AM EDT
[#31]
Quoted:
Quoted:
I think if you are "in view" of the public they can. So if im shitfaced with my curtains open i can get arrested? Don't even think about being shitfaced on your porch. |
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Posted: 7/15/2013 8:15:56 AM EDT
[#32]
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.
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Posted: 7/15/2013 8:16:00 AM EDT
[#33]
Quoted:
Quoted:
I know someone who was arrested for what you ask. Because he was outside of his house is what he was told. Hasn't gone to court yet, so I don't have an outcome. And the question concerning the boat tied up at the dock - yes, public intox. Around my town, they are now arresting people in the car for public intox if the driver is arrested for DUI/DWI. This is what I have always found to be bullshit. How is this a legitimate offense? What's the point of having bar's in the US when you cannot legally leave and get home (whether it be by walking or by taxi)? I've seen people arrested for PI simply because they were there. Other than having alcohol in their system, they were doing nothing to indicate they were intoxicated. Yet, they were arrested and brought in for PI. I don't get it. In AK they can and will pick you up for public intoxication inside of a bar. You essentially may not be intoxicated by law anywhere but a private residence there. An establishment can have its license to serve pulled for serving a drunk person. Fortunately officer discretion is allowed and suprisingly they practice it, I'm fairly certain the law exists simply to give options and/or allow for the stacking of charges, but fall off a bar stool while they're doing a walk-thru and you'll rapidly be getting shoved around and cuffed, great entertainment for the rest of us. |
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Posted: 7/15/2013 8:19:05 AM EDT
[#34]
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.
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Posted: 7/15/2013 8:20:14 AM EDT
[#35]
Come on.
You can always be arrested, irrespective of the circumstances. It only depends on how dickly the responding LOE chooses to be. (For the record, I am PRO-LEO ...I just don't like those LEO's who make shit up as they go along. You know it does happen.) |
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Posted: 7/15/2013 8:23:01 AM EDT
[#36]
Quoted: Well I've certainly may have been misinformed. I was always told you could openly drink while operating a boat in Oklahoma. I guess as long as you aren't completely wasted? bullshit, you can't even legally have an empty |
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Posted: 7/15/2013 8:24:11 AM EDT
[#37]
Yes, certainly.
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Posted: 7/15/2013 8:26:58 AM EDT
[#38]
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. |
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Posted: 7/15/2013 8:29:04 AM EDT
[#39]
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. Some cops will arrest you on your front porch, some will not. I CAN tell you unless you really piss off the Judge/Magistrate, most times it will be tossed. Private Property is just that... private. I would personally sue the shit out of a cop for arresting me while I was on my private property. Take a step off that property and onto the sidewalk, or out in the street.. and you are fucked. DUI is a different matter. In most jurisdictions it is an offense to ride/drive a motorized vehicle while drunk. It doesn't say "on public property or streets", just "while intoxicated". |
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Posted: 7/15/2013 8:31:36 AM EDT
[#40]
In this day and age, you can likely be arrested for taking a piss in your own toilet.
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Posted: 7/15/2013 8:31:59 AM EDT
[#41]
Quoted:
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. |
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Posted: 7/15/2013 8:32:39 AM EDT
[#42]
I was kind of wonder about this the other day when we went to a state park in TX.
The signs say, "No display or consumption of alcohol in public, $500 fine" But... they charge for camping and it seems that once somebody has paid the camping fee then their spot is no longer public based on rental laws. So could you sit in your campsite and drink or sit inside your RV on your campsite and drink. I don't know... |
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Posted: 7/15/2013 8:48:20 AM EDT
[#43]
This nation is over lawed.
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Posted: 7/15/2013 8:55:55 AM EDT
[#44]
I don't believe we have drunk in public laws here.
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Posted: 7/15/2013 9:00:15 AM EDT
[#45]
Quoted:
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'm not sure its a better option to invite him in when you're drunk. I wouldn't want to invite them in when I sober and in sound mind much less when I'm drunk and less aware of what is happening. |
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Posted: 7/15/2013 9:02:15 AM EDT
[#46]
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. |
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Posted: 7/15/2013 9:03:33 AM EDT
[#47]
Quoted:
Had it happen to more than one of my Sailors in Fucking Norfolk. Grabbed off their own front porch. Leaderhip failure, obviously. Time for more training. 
BTW. They had to be fucking up. I have, on multiple occassions enjoyed an adult beverage in my front lawn with no po-po intervention. |
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Posted: 7/15/2013 9:33:25 AM EDT
[#48]
Quoted:
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. In the end it's your word against theirs. They don't give a "BAC" test for public intoxication. |
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Posted: 7/15/2013 9:36:17 AM EDT
[#49]
Do you pay property tax? If yes, then the answer to your question is definitely yes since you really don't OWN your property only renting it from the Gov.
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Posted: 7/15/2013 9:36:18 AM EDT
[#50]
Quoted: 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 |
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