Opening Remarks
The basic purpose of this blog is to explore public intoxication laws in the US and examine their usefulness within the light of other similar peace disturbance ordinaces. My theory is that the laws are entirely redundant and serve only to make criminal the act of peacefully being drunk in public, and to make it a worse crime to be obnoxious due to intoxication instead of any other reason (such as being angry or just plain rude). This blog is also an excuse for my drinking habit.
Since there are so many public intoxication laws in the US, this blog will deal with them mostly in general, with likely very few references to specific ordinances.
"Public intoxication is generally a misdemeanor recognized by statute as an offense for which an officer may arrest without a warrant, especially if the intoxicated person is actually disturbing the peace. Intoxication includes the use of drugs or alcohol. To sustain a charge of public intoxication, the elements needed are (1) being in a state of intoxication and (2) being in a public place. The state of being intoxicated is a matter of common observation.
Under a statute authorizing peace officers to arrest without warrant for disorderly conduct, drunkenness in a public place has been held to be disorderly conduct, though the individual is not otherwise creating a disturbance. It has also been said that the arrest of a drunken person in the street may frequently be justified on the ground of anticipated breach of the peace.
In some jurisdictions an officer making an arrest for drunkenness in good faith and on probable cause does not incur liability, even though he happens to arrest one who is in fact sober. In other jurisdictions, however, a civil action for damages lies against a police officer who erroneously arrests an innocent and sober person, since an officer, although he acts in good faith and upon reasonable grounds of belief, is considered as having no authority to arrest an individual who is not in fact intoxicated.
A warrantless arrest for public intoxication may be made based upon a person's presence, while intoxicated, in a motor vehicle, as a passenger in some jurisdictions. However, other jurisdictions do not consider a privately-owned vehicle, whether on the public street or in a public parking lot, to be a "public place" under an intoxication statute, as the vehicle is a conveyance to which the public is not permitted access."
5 Am Jur 2d ARREST ยง 64
Since there are so many public intoxication laws in the US, this blog will deal with them mostly in general, with likely very few references to specific ordinances.
"Public intoxication is generally a misdemeanor recognized by statute as an offense for which an officer may arrest without a warrant, especially if the intoxicated person is actually disturbing the peace. Intoxication includes the use of drugs or alcohol. To sustain a charge of public intoxication, the elements needed are (1) being in a state of intoxication and (2) being in a public place. The state of being intoxicated is a matter of common observation.
Under a statute authorizing peace officers to arrest without warrant for disorderly conduct, drunkenness in a public place has been held to be disorderly conduct, though the individual is not otherwise creating a disturbance. It has also been said that the arrest of a drunken person in the street may frequently be justified on the ground of anticipated breach of the peace.
In some jurisdictions an officer making an arrest for drunkenness in good faith and on probable cause does not incur liability, even though he happens to arrest one who is in fact sober. In other jurisdictions, however, a civil action for damages lies against a police officer who erroneously arrests an innocent and sober person, since an officer, although he acts in good faith and upon reasonable grounds of belief, is considered as having no authority to arrest an individual who is not in fact intoxicated.
A warrantless arrest for public intoxication may be made based upon a person's presence, while intoxicated, in a motor vehicle, as a passenger in some jurisdictions. However, other jurisdictions do not consider a privately-owned vehicle, whether on the public street or in a public parking lot, to be a "public place" under an intoxication statute, as the vehicle is a conveyance to which the public is not permitted access."
5 Am Jur 2d ARREST ยง 64
posted by Croox0r at 9:12 PM
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