Drunk in Public

Drunk in Public

RC Phillips, DDA (Ret.)

October, 2021

On his front porch, or in his front yard, is "public" for purposes of 647(f) so long as it is an area open to the general public; i.e., is an area anyone would feel, under the specific circumstances of that case, free to walk up to the front door and knock.

The front area outside of a person's house was a public place within the meaning of Pen C § 647, subd (f), where the area was open to common or general use so that a complete stranger was able to walk through the outside area to the front door of the home without challenge. (People v.

Olson (1971, Cal App 2d Dist) 18 Cal.App.3rd 592.)

However, if the area is fenced off and guarded by dogs, for instance, a person would not feel like he is inferably invited to walk up to the front door.  So a suspect's front yard and door are NOT a public in that unique circumstance.

The evidence did not support defendant's conviction of unlawful public intoxication in violation of Pen C § 647, subd. (f), since defendant's front yard, where he was arrested, was not a "public place" within the meaning of the statute. Whether a particular location is a public place depends upon the facts of the individual case. At the time the arresting officer, who was responding to a report that someone was in a gray van screaming and trying to escape, reached defendant's residence, defendant was on his front porch. His yard was surrounded by a three-and-a-half-foot-high fence with a gate that ....

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