“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 others. He was handcuffed, removed to a public sidewalk and transported in a police car to a hospital. His custody for 647(f) P.C. was not lawful. His removal from the bedroom to outside the home did not meet the wording of the statute. The initial observations of intoxication were made in his home (“not manifestly a public place”). In re: David W. (1981) 116 Cal. App. 3d 689). 

The front yard of a residence is not a public place. Deputies responded to a disturbance report of a person screaming. Upon arrival at the scene, defendant was standing on his front porch. His yard was surrounded by a 3-1/2’ fence with a closed and unlocked gate. Defendant approached deputies, standing behind the fence, and rested his hands on the railing. He was holding a glass with an alcoholic drink. A deputy grabbed his wrist and attempted to move him towards the gate. Defendant threw the contents of the drink into the deputy’s face,  struck the deputy behind the left ear with the glass, and fled inside his residence.  He was pursued and arrested. A jury convicted defendant in part for 647(f) P.C. This conviction was overturned on appeal. A “public place” means “common to all or many; general; open to common use”. Standing in one’s front yard doesn’t meet this definition. (Peo. v. White (1991) 227 Cal App. 3d 88). The same analysis applies to standing in a private driveway, albeit exposed to public view (In re: Koehne (1963) 59 Cal. 3d 809). 

Note: In the White case, defendant remained convicted of misdemeanor 243(b) P.C. - Battery  on a Peace Officer with a year in county jail. 

A minor was arrested for 647(f) P.C. after being requested to come out of a woodshed located 10-15’ from the side of a house to the street. The minor was not “found  not to be within the meaning of a public place”. Whether he was requested, ordered or acquiesced to accompany the deputy to be present in public place is irrelevant (In re; R.K. (2008( 10 Cal. App. 4th 1615). 

Author’s Notes:  

Thank you to Mike Menna, Chula Vista P.D. for bringing up the question for this article and to Bob Phillips for providing some of the case law research.