How California Law Defines a “Public Place” Under 647(f) PC (Public Intoxication)

“From the Classroom” 
By; Ray Hill, Professor Emeritus 
Santa Rosa Junior College 

How is a Public Place Defined for the Purposes of Enforcing 647(f) P.C. – Public Intoxication  

For introduction, 647 (f) P.C.  makes it a misdemeanor to be in a public place in such an intoxicated condition with the inability to care for one’s own safety or the safety of others. The intent behind the statute is to protect the offender from own “folly”, as well as the general public from dangers attendant to the presence of such persons in public places. This would include an intoxicated person in an automobile parked curbside on a public street (Peo. v. Belanger (1966) 243 Cal. App. 2d 654).  

Officers investigating a domestic quarrel knocked at an apartment door. Defendant answered and stepped out into the hallway holding a whiskey bottle. He was visibly intoxicated. 647(f) P.C. applied because defendant voluntary stepped in to common area (whether interior or exterior) accessible to deliverymen, servicemen, visitors, or strangers, (Peo. v. Perez (197) 4 Cal. App 3d 293).

Here are some interpreting cases where a location was determined not to be a public place: 

While in his bedroom of his own home, a minor was found to be under the influence of drugs and unable to care for his safety or the safety of ....