Random cop question?

[rconn]

Watching cops tonight and saw two different people get arrested for public intoxication in their own yard or friends yard. So my question is are you not allowed to drink and be in your yard? Both time the cops showed up for something else but still didn't seem right to me. My yard isn't public, it's my yard Really though can they do that?

[ATXRaider83]

I have no idea about the law on this. The only thing I could think of is that it's in view of the public

[rconn]

both time was in the city in a subdivision so maybe that has something to do with it.

[boleman154]

each situation is different. Yes the front yard can be considered public if you are effecting the neighbors. Most of the time you are fine drinking in your yard. Sometimes when a owner requires an intoxicated person to leave and there is no other alternative you may have to arrest to protect the intoxicated person. I am sure there are other opinions on this.

[hully1029]

Usually, I dont arrest for pi in someones own yard, but if they are belligerent and cussing, a disorderly conduct arrest will suffice.

[PSD Ryan]

A few years ago, I was at a friend's house in fort worth near TCU and we were drinking in the front yard. We had rifles, shotguns and pistols out (I don't want to hear it about guns/alcohol don't mix. I get it.) Somebody eventually called the cops on us and the cops showed up, saw what was going on, and told the caller they couldn't do anything as we were on private property and weren't being loud or menacing.

[bonecollector4]

Technically your front yard is still accessible to the public, so if there is any type of breach of peace or reason for Police response then YES an intoxicated person can be arrested. Most times unless the intoxicated person is an idiot, then Officers will direct them to go inside for the night to keep from having to arrest the person or to prevent further issues.

[76truck]

From what I read and can remember is that front yards that are open and not enclosed or fenced in are considered public by the courts.

Then this would apply. A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. Chapter 49 of the penal code.

[Dale Moser]

In a former life I lived in Colleyville in an EPIC bachelor pad with 3 or 5 other guys depending on the day. There were anywhere from 10 to 150 people there drinking on any given night. The cops knew us, knew some of us by name, and asked for us when they showed up. Sometimes they'd ask to check some IDs, sometimes they'd ask to come walk through the house, or just walk around checking things out. I was always polite and cooperative and offered them a bite when we were cooking. I never had a moments trouble, I had a roommate or two that didn't have the same luck because they acted like jackasses. Some partygoers got an attitude with them and got some paperwork or a ride too. The firemen knew to come make sure our bonfire was being monitored when they saw the smoker goin too.

[rconn]

I can understand if you're being loud or disturbing the neighbours. I'm glad I live in the country where my closest neighbor is 1/2 a mile away. Also both people probably needed to go to jail but just found the PI odd.

[Ouch]

I been known to party, but my front yard is miles from the public... so I'm no help.

[rconn]

[QUOTE=Dale Moser;7283281]. I never had a moments trouble, I had a roommate or two that didn't have the same luck because they acted like jackasses. Some partygoers got an attitude with them and got some paperwork or a ride too. QUOTE]

That's another thing I have never understood was having an attitude with a cop. They get my utmost respect all the time!

[txfireguy2003]

So let me analyze this. You're in the front yard, and intoxicated to the point that you judgment is impaired enough to argue with the police (I'm assuming here). Could your judgment also be impaired enough, or your balance and reflexes impaired enough that you might somehow end up in the street and get run over? Possibly? If the answer is yes, you're a danger to yourself, which justifies a PI arrest. I was taught, and like I've said before, I don't deal with this stuff like patrol guys do, but I was taught that anytime someone is drunk enough that, in the opinion of the officer, they become a danger to themselves or others, a PI arrest is appropriate.

[sqiggy]

Good thing I live out in the boonies. I could have went to jail with all that drinkin and shootin gophers with the ole 22!!!

[Sparkles]

I was once told that all you had to do was be in public eyeshot to be eligible for PI
My friend didn't believe them, but he got a ride anyway