Iowa Supreme Court rules that residents have a right to be drunk on their front porch


#1

[Read the post]


#2

Score one for common sense. Amazing.


#3

Wouldn’t it also make it just fine for strangers to hang out on your front porch? Oh, the possibilities!


#4

I find the arrest doubly ridiculous, as the woman not only was the one to call the police for assistance, but was apparently inside the home until the police arrived. Even if a front porch were really a public space, this would set a stupidly bad precedent; every time a bar closes, they kick everyone out - many of whom are drunk. Under that logic, the police could simply wait outside a bar and get a lot of easy arrests by giving a breathalyzer to every person walking out, regardless of if they’re just in the public space while walking to/waiting for a cab. Also, since she was only in the (supposedly) public space in order to talk to the police, it raises a further question of how this case would have gone if she had walked out and met them at their car instead of just on the porch. The police should never be able to arrest you just because you go to talk to them.


#5

It’s time to clear the law books and decriminalize people from these bull crap laws. I’m sick of it.


#6

Because:

Kendrall Murray, who Paye said had abused her, told police he and Paye argued over car keys because he refused to let her drive because she didn’t have a license and was intoxicated, according to the ruling.

If that’s true, the cops may have been using the charge as a way of keeping her off the road. They definitely could have used a better legal theory though.


#7

If they really wanted to harass a bar owner or a bar’s clientele, the police could do this and be within their legal rights. It’s not uncommon to see a police cruiser a block away from bars in the wee hours, waiting for a falling-down drunk patron to stumble to their car.


#8

[quote=“Woodchuck45, post:7, topic:59683, full:true”]If they really wanted to harass a bar owner or a bar’s clientele, the police could do this and be within their legal rights. It’s not uncommon to see a police cruiser a block away from bars in the wee hours, waiting for a falling-down drunk patron to stumble to their car.[/quote]The big difference being that in the first instance they’re misusing the intent of the law (there’s a reason they’re typically known as “drunk and disorderly” laws), as well as engaging in selective enforcement. In the case of looking for drunks on their way to their cars, they’re doing neither of the above.


#9

See I knew those Supreme court justices were just like you and me. I doubt it is the mojito crowd they are concerned with, and how much barbecue chicken do you need to eat to get to .08.


#10

If the front porch were a ‘public place’ by dint of being visible from public places, you mean?

And, by extension, if you can see into the house from the front porch…


#11

They do that at at least one recreational pot store north of Seattle. The town’s cops don’t harass the patrons at all. They know which side of their bread is buttered, and the town takes a decent cut of the taxes. But the State patrol keeps a cop in the lot pretty much at all times, waiting for someone to open their edibles, or to pull their nitrogen-evacuated packet of bud out of the paper bag and nab them to write up a ticket. It’s legal to buy and possess and move through public spaces, but it’s like public drinking law. You gotta keep it in the paper bag until you get home.

At least the WSP doesn’t arrest people. They just write a $150 ticket and pal around. I asked one of the WSP officers if the feds ever come around sniffing. He said enforcing the little chickenshit rule about keeping the product sealed in public is really lucrative, and that the WSP is pretty adamant about keeping the feds off our backs. It’s sort of an underhanded benefit I guess. I’d much rather deal with State Patrol than the feds.


ETA to clarify, I’d rather deal with the WSP officers from the west side of the state. The east siders pretty much think they’re Texas rangers, and casually call people “son”, which is one of those over-familiar habits that rubs me the wrong way instantly.


#12

Huntington Beach, take notice.

Yes, it’s illegal to drink a beer outside your front door, even if you have a porch or a patio. However, it’s okay to calibrate (i.e., fly) drones on a public thoroughfare.

And don’t even get me started on the illegality of walking a leashed dog on an oversized concrete sidewalk that is next the beach in the fair city of HB.


#13

When police arrived, Payne stepped on her porch to talk to them, because
she didn’t want to disturb her kids, who were in the house.

I don’t even understand this. Even if the porch were a public space, she left her house and came onto the porch at the policeman’s behest. Isn’t this just entrapment?


#14

he east siders pretty much think they’re Texas rangers, and casually call people “son”, which is one of those over-familiar habits that rubs me the wrong way instantly.

You sassing me, boy?


#15

No, “sir”. A “gentleman” such as yourself, should be able to tell when I’m “being sincere”, and not “extremely creeped out and annoyed” when people try to address me as if they have the same level of “authority” as a “parent”.


#16

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