Random cop question?

[LukeBRoberson]

"I was drunk in a bar... they threw me into public. I don't want to be drunk in public.. I want to be drunk in a bar. Which is perfectly legal. Arrest them"

[ame="http://www.youtube.com/watch?v=4pTlCtUMvjs"]drunk in public-Ron white - YouTube[/ame]

[rconn]

[QUOTE=txfireguy2003;7283372]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. /QUOTE]

One guy just wouldn't point out his buddy that spit on someone so the cop said your coming with me for pi. I wasn't taking up for the bad guy. Was just asking cause I wanted to know the law for the next house party

[rconn]

"I was drunk in a bar... they threw me into public. I don't want to be drunk in public.. I want to be drunk in a bar. Which is perfectly legal. Arrest them"

drunk in public-Ron white - YouTube

[Atfulldraw]

Short answer is yes.

[Knox]

Where's tvc?
He should be able to clear that up question up pretty quick, lol.

[Bonesplitter]

If I'm getting arrested in my own yard, that I pay taxes on, prepare to be urinated on when you come to arrest me!

[limbbender]

I am not as think as you drunk i am ,osifficer!

[Bonesplitter]

I am not as think as you drunk i am ,osifficer!

Meed as like button far dis!

[flyby]

If the mailman or the kid next door can walk into your front yard, it is a public place. If you are intoxicated to the degree that the officer believes you are a danger to yourself or others you can be arrested for PI. It is a judgement call on the officer. That officers judgement is probably based on why he is there (dispatched for fight, large party, disturbance), along with level of intoxication and level of cooperation/belligerence from the effected parties. As said, cooperative individuals who opt to leave the public place and go into a residence usually don't have any problems.

Example. I contacted an intoxicated subject at a Hookah bar two days ago who was trying to start a fight. I had my dog with me because we were doing vehicle sniffs. He's belligerent and uncooperative. When I instruct him to walk to my vehicle so I can put my dog away so he won't get bit- he comes at me aggressively saying "Let the dog bite me". I pull the dog away and palm strike him in the chest to prevent a bite. In my mind, he is a danger to himself or others if he is willing to approach a canine handler trying to tell him to stay back so he won't get bit. He tried to get bit. And tried to start a fight. He goes to jail.

[NewTexian]

I'm not 100% on the law in Texas but was a police officer in Florida for a bit. If your acting like a fool in public you can go to jail. IF you live in a subdivision and acting a fool in your front yard or fighting with your :"lover" then you might go to jail for the night. Easiest way to solve the problem and a very small misdemeanor is better than a felony.

[DFWPI]

PoP....

[marceco]

Coffeyville

What years did you live there ? I ask because that is My Hometown !

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.

[tvc184]

Where's tvc?
He should be able to clear that up question up pretty quick, lol.

Assuming this was Texas....

Not sure this is going to be "pretty quick" but here goes.



This is my "Four P-Word" talk to (usually) rookie and young officers.

When looking at locations we have "property and place" and then "public and private".

Property/Place can be combined with Public/Private in any combination.

Such as.....

Public/Private describes ownership. Property/Place describes access.

The differences and combinations can be significant when applying criminal laws.

The Texas Penal Code defines a Public Place as "any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.".

The parking lot of Walmart is definitely private property. The public does not own it. It is as private just as a person's front yard that he has bought and paid for. At the same time however, it is a public place.

A bar for example, is very private up to the point of having restricted access by age yet it is clearly a public place. Does a "substantial group" of the public have access? The answer is clearly "yes". The legal Penal Code definition does not to say a majority of the public but just a substantial group.

So the Walmart parking lot is definitely private property yet you can't legally have sex in the parking lot as it is in a public place and a crime. Even though it is a public place, it is also private property and you can be arrested for trespassing there (with proper warning) just as if it was inside a person's house.

Clear as mud yet?

But what about a mayor's office? Does the mayor own it? Not hardly. I and everyone that lives in my city owns it. I can assume then that when city hall closes and they lock the doors, I can force my way in, then kick in the mayor's door and hang out... after all, I am part owner, right?

That is an example (almost the exact opposite of the Walmart parking lot) where it is a "public property" yet is a "private place". Even though the public clearly owns it, they do not have lawful access as it's access is under the control of a person or government entity. Try going into the Oval Office at the White House and just tell them that you are browsing your property since you pay taxes.

As you can see, Public/Private or Property/Place can be combined in different ways and they lawfully mean something different.

Public Property: Government land or buildings.
Public Place: Any place that a substantial group has "access".

Private Property: Owned by a person or non-government group.
Private Place: A location that a substantial group of the public does not have access.

So living room? Private Property/Private Place.
Front yard? Private Property/Public Place

Mayor's office? Public Property/Private Place
City Park? Public Property/Public Place.

Store parking lot? Private Property/Public Place.

And so on.



Oh yeah, is a front yard "public"? I would say not if surrounded by a 6 foot privacy fence. Otherwise.... it sure looks like the public has "access" to me.

[rconn]

Assuming this was Texas....

Not sure this is going to be "pretty quick" but here goes.



This is my "Four P-Word" talk to (usually) rookie and young officers.

When looking at locations we have "property and place" and then "public and private".

Property/Place can be combined with Public/Private in any combination.

Such as.....

Public/Private describes ownership. Property/Place describes access.

The differences and combinations can be significant when applying criminal laws.

The Texas Penal Code defines a Public Place as "any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.".

The parking lot of Walmart is definitely private property. The public does not own it. It is as private just as a person's front yard that he has bought and paid for. At the same time however, it is a public place.

A bar for example, is very private up to the point of having restricted access by age yet it is clearly a public place. Does a "substantial group" of the public have access? The answer is clearly "yes". The legal Penal Code definition does not to say a majority of the public but just a substantial group.

So the Walmart parking lot is definitely private property yet you can't legally have sex in the parking lot as it is in a public place and a crime. Even though it is a public place, it is also private property and you can be arrested for trespassing there (with proper warning) just as if it was inside a person's house.

Clear as mud yet?

But what about a mayor's office? Does the mayor own it? Not hardly. I and everyone that lives in my city owns it. I can assume then that when city hall closes and they lock the doors, I can force my way in, then kick in the mayor's door and hang out... after all, I am part owner, right?

That is an example (almost the exact opposite of the Walmart parking lot) where it is a "public property" yet is a "private place". Even though the public clearly owns it, they do not have lawful access as it's access is under the control of a person or government entity. Try going into the Oval Office at the White House and just tell them that you are browsing your property since you pay taxes.

As you can see, Public/Private or Property/Place can be combined in different ways and they lawfully mean something different.

Public Property: Government land or buildings.
Public Place: Any place that a substantial group has "access".

Private Property: Owned by a person or non-government group.
Private Place: A location that a substantial group of the public does not have access.

So living room? Private Property/Private Place.
Front yard? Private Property/Public Place

Mayor's office? Public Property/Private Place
City Park? Public Property/Public Place.

Store parking lot? Private Property/Public Place.

And so on.



Oh yeah, is a front yard "public"? I would say not if surrounded by a 6 foot privacy fence. Otherwise.... it sure looks like the public has "access" to me.

HUH??? Just kidding that pretty much clears it up, but are you sure you can't have sex in walmart's parking lot

[Hart8]

In the town I grew up in you had to be behind a fence,or you could be arrested.