
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 ....