Public Intoxication arrest on Private Property

[payme_rick]

Man I just love our law enforcement here in Jackson County, TX...

Situation:

Last Friday night around the time our local waterin' hole out in BFE was closing down, my buddy's sister went outside to smoke a cig and wait on a friend to come and pick her up... she's been going through a bad time so she was kinda emotional and doin' some snifflin' by a tree and smoking her cig... The sheriff's deputies came to the parking lot and arrested her for Public Intoxication... that's the story I have...

Is it just me, or does PUBLIC Intox (2) on (+) PRIVATE Property (2) not add up (=4)?

Now my bud's sister is good friends with the bar owner and the barmaids, so the deputies weren't called because she was disturbing anyone etc... they just come up to the parkin' lot a little too often for my taste...

they came up to me in the parkin' lot about 4 or so months ago and asked if everything was alright... I looked around, saw a couple talkin' by their car and one guy walkin' in... I said "yes, looks cool"... they say "well we just saw some people in the parking lot" and I interrupted, quite pissed-off I might add and said, "well this is a parkin' lot"...

Wish I would have been there...

anyway... thoughts? what should she do? I told her not to take it, I told her she needs to talk to the judge but she's got that "it's just the way it is" mentality that I used to have in regards to law enforcement etc... I almost feel like goin' and talkin' to the sheriff and judge myself...

gunna write some editorials to the big paper around here...

[phill4paul]

Unless she was on property that was owned by a non-profit establishment that had a private membership license then she was on public property.
At least that is how the state deems it in N.C.
That is why smoking is banned here in all restaurants and bars unless they are non-profit private establishments.

[payme_rick]

Unless she was on property that was owned by a non-profit establishment that had a private membership license then she was on public property.
At least that is how the state deems it in N.C.
That is why smoking is banned here in all restaurants and bars unless they are non-profit private establishments.

I was worried that could be the case... not sure how it is in Texas, I'll have to dig around...

thanks...

[pcosmar]

Unless she was on property that was owned by a non-profit establishment that had a private membership license then she was on public property.
At least that is how the state deems it in N.C.
That is why smoking is banned here in all restaurants and bars unless they are non-profit private establishments.

That is just sick.
By that logic they could walk in and arrest everybody sitting at the bar.

[mrsat_98]

So enlighten us as to how she was a danger to herself or others ?

[Matt Collins]

That is just sick.
By that logic they could walk in and arrest everybody sitting at the bar.

That's the idea of a police state: everyone is guilty of something and they just selectively enforce it!


.

[phill4paul]

That's the idea of a police state: everyone is guilty of something and they just selectively enforce it!


.

Everyone is guilty because there are so many laws.

Everyone on RPFs tonight has broken the law. Whether they are aware ot not. Remember ignorance is no excuse.

Why just today I am sure I hit an off key while listening to my headphones. In the great state of N.C. that is against the law. An old one never enforced but still on the books.

[phill4paul]

That is just sick.
By that logic they could walk in and arrest everybody sitting at the bar.

Yes it is and yes they can.

[GreedyHenry]

That is just sick.
By that logic they could walk in and arrest everybody sitting at the bar.

They can and do

http://www.chron.com/disp/story.mpl/front/3742462.html

[brandon]

I fought a public drunkeness offense 2 years ago and won.

First thing you need to do is plead not guilty. Then look at the exact language of the charges against you. Then you may need to look up some legal definitions in your state (such as public), and any historical precedent involving them