No drunk left behind?

[seamusTX]

I am going to play devil's advocate and say that the guy could not have been convicted under 49.02.

How so? A vehicle parked on a street or in a parking lot that is generally accessible to the public is a public place.

- Jim

[kd5zex]

I am going to play devil's advocate and say that the guy could not have been convicted under 49.02.

How so? A vehicle parked on a street or in a parking lot that is generally accessible to the public is a public place.

- Jim

Shoot, you're right. I was reading a-1 wrong. Doing some further research, it was added to specifically include places licensed or permitted by the Alcoholic Beverage Code and does not exclude other places.

Public place is defined in 1.07(40):

(40) "Public place" means 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.

Which is pretty much anywhere except inside your house.

[seamusTX]

Yeah, I think the modification of PC 49.02 was meant to make it clear that a bar is a public place. You can't legally get drunk in a bar.

Hotel rooms are not public places, and probably private clubs that are really private (not the kind that you can join at the door) are also.

- Jim

[KD5NRH]

I am going to play devil's advocate and say that the guy could not have been convicted under 49.02.

How so? A vehicle parked on a street or in a parking lot that is generally accessible to the public is a public place.

How do you figure that the inside of the vehicle is a public place? Last I checked, any member of the public wishing to enter it would need specific permission in order to do so legally, which is the same standard required for one's home.

[seamusTX]

There's a heap of case law that says being in a vehicle does not generally insulate you from being in a public place. For instance, you can be arrested for driving naked, but not for being naked on your own property.

Not being a lawyer, I can't readily quote the cases.

P.S.: Look under the heading "Vehicular Searches" on this page: http://caselaw.lp.findlaw.com/data/cons ... 04/03.html" onclick="window.open(this.href);return false;

- Jim

[tfrazier]

...you can be arrested for driving naked, but not for being naked on your own property...

- Jim

Well, they should take me to the jailhouse, cause I feel naked driving to and from work every day since my employer is 'fraid of guns in their parking lot.

I remember many times when we had someone reportedly running up and down the street causing a drunken ruckus in Greenville. The majority of the town drunks were experienced enough to get back in their front yard when they heard the roar of a 350 v8 pursuit package coming down the block.

That typically resulted in a long friendly conversation where I kept taking a few steps back and pretending not to be able to hear what they were saying. Drunks love to be listened to, and almost all of them would eventually get so immersed in the conversation and natural tendency to move closer in response to me saying "pardon, what did you say?" that they eventually took that last magical step off the curb into "public".

Ever heard Ron White's story about being drunk in public? I was involved in a case or two where someone got "thrown into public". And this one time (not at band camp), a really big fella threw me into public as well...several times until backup arrived.

[kd5zex]

There's a heap of case law that says being in a vehicle does not generally insulate you from being in a public place. For instance, you can be arrested for driving naked, but not for being naked on your own property.

Not being a lawyer, I can't readily quote the cases.

P.S.: Look under the heading "Vehicular Searches" on this page: http://caselaw.lp.findlaw.com/data/cons ... 04/03.html" onclick="window.open(this.href);return false;

- Jim

I don't know Jim, the broad scope of the public place definition kinda says you can be arrested for Disorderly Conduct should you be watering the lawn in the buck and I take offense or am alarmed . The back yard may be acceptable, but what if I have a two story house?

What brought up the conversation between my buddy and I was him picking someone up off their front porch and charging them with PI.

IMO, this public place definition is frightening. I understand the need for the definition but I find the "including, but not limited to" language in laws scary. I live out in the pseudo-country and there is a road where recently every house constructed make shift gates, painted their fence posts purple and posted No Trespassing signage. I now have a feeling I know what this is all about.

[seamusTX]

PC 21.08, Indecent Exposure, requires three elements which must be proved beyond a reasonable doubt:

• exposes his anus or any part of his genitals
• with intent to arouse or gratify the sexual desire of any person, and
• is reckless about whether another is present who will be offended or alarmed by his act.

The intent is very difficult to prove, unless the person explicitly stated it.

PC 42.01(a)(10), Disorderly Conduct, also requires three elements:

• exposes his anus or genitals
• in a public place and
• is reckless about whether another may be present who will be offended or alarmed by his act;

Your residential property is not generally a public place. (I suppose it could be, if you were having a yard sale or something like that.)

I distinctly recall a case several years ago where some old geezer in Texas was doing his yard work naked and also irrigating his trees. The police and DA stated that there was nothing they could do about it. Unfortunately, I can't produce a reference to it now.

You could ask your DA about it. They get around to community events quite a bit -- at least ours does, though I have never discussed this topic with him.

- Jim

[tfrazier]

I don't think my DA has ever been arrested for that, but I'll ask him.

[kd5zex]

I'll have to ask some day. The DA in the Austin suburb that prosecuted someone who was drunk on their front porch, however I don't think the guy tried to fight it, seems to interpret public place the same way I am reading it.

The public has access to your front yard unless you have a fence and the public certainly has access to the street in front of your house (more than likely). In order to criminally trespass one has to be notified first. IANAL and I may be missing something but I feel the definition of a public place can be interpreted to be just about anywhere.

[seamusTX]

The issue boils down to the fact that you can be arrested and prosecuted for anything. It costs the city or county nothing, and it can cost you everything that you have.

Public intoxication is generally a class C misdemeanor, so fighting it is a losing proposition in monetary terms.

- Jim

[kd5zex]

I agree 100%.

[bryang]

The issue boils down to the fact that you can be arrested and prosecuted for anything. It costs the city or county nothing, and it can cost you everything that you have.

Public intoxication is generally a class C misdemeanor, so fighting it is a losing proposition in monetary terms.

- Jim

Amen!

-geo

[USA1]

Hrm... never heard before that it is lawful to be naked in your own front yard as long as you aren't being crazy about it.

I might test that one day.

Jk

you can also wear your gun legally on your property, so go ahead and exercise both your rights at the same time ..........................be sure to get pictures