Need legal advice.

[lasersailor184]

Yes, it is if you are in public. It was a legal bust.

Public Drunkeness doesn't literally mean being drunk in public.


However, it does mean being roudy, unable to control yourself, and vomiting uncontrollably.  

Public Drunkeness means getting TOO drunk.  Which perfectly explains what his friend did.  

Now, I do not know about the implications of them being inside your apartment so I can't help there.

[CavemanJ]

Originally posted by rpm
Both had been drinking, both were in public. Even if the cop told them to go inside, he can follow them inside (direct pursuit) to make an arrest. Once inside he can search for weapons to make sure he is safe and look for contraband in direct view.
 
 

Seems to me that ordering someone to go back inside, they saying they were directly pursuing the person so they could arrest them would still be illegal entry, because they weren't given permission to enter.

I don't see how they could try to justify it by saying they were in pursuit when he was told to go back inside.  If a cop is gonna arrest someone, they don't tell'em to go back inside, they tell'em they're under arrest.

[SOB]

Contact a lawyer and get an opinion that means something.

[GtoRA2]

Originally posted by SOB
Contact a lawyer and get an opinion that means something.

Whats the fun in that? Spoil sport!:D

[Tarmac]

Originally posted by SOB
Contact a lawyer and get an opinion that means something.

Get your hands on a copy of the police report, then do what SOB said if it doesn't answer your questions.  

You could also get in touch with a commander in the department to get their story, but your lawyer would probably advise against that so you don't make any statements that could hurt a possible future case.  Your call as to whether you do that, as your lawyer has a vested ($$$) interest in keeping you shut up and doing it himself for a few hundred bucks an hour.  I wouldn't recommend talking to people at the department if you plan on going to court, as something you say will come back to haunt you.  

Also, most of the posts here don't apply, as laws vary from state to state regarding most of this stuff.

[Dago]

Dont invite beetle over to your house anymore.

[RedDg]

Aren't you still active duty, Russian?  You can ask the Area Defense Council on base.  They can't represent you, but they should be able to give you a better legal understanding.

[rpm]

Originally posted by CavemanJ
Seems to me that ordering someone to go back inside, they saying they were directly pursuing the person so they could arrest them would still be illegal entry, because they weren't given permission to enter.

I don't see how they could try to justify it by saying they were in pursuit when he was told to go back inside.  If a cop is gonna arrest someone, they don't tell'em to go back inside, they tell'em they're under arrest.

Ever step out of your car at a traffic stop and have the cop tell you to get back in? Same thing. You don't have to get back in the car, but doing so gives the cop the right to look around inside for his safety. I believe Maverick and En4cer are cops. See what they say.

Regardless of the court outcome, you and your friend will always have an arrest record.

[Jackal1]

Originally posted by outbreak
The Points is, They both LEGALLY have to Cause a Disturbance for it to be a Legal Arrest  

IT IS NOT ILLEGAL TO DRINK AND BE OUTSIDE.  

Don`t know how it is in the Showme state, but here in Texas you can be arrested for public intoxication sitting on your deck or patio .

[Ripper29]

Originally posted by rpm
Ever step out of your car at a traffic stop and have the cop tell you to get back in? Same thing. You don't have to get back in the car, but doing so gives the cop the right to look around inside for his safety. I believe Maverick and En4cer are cops. See what they say.

Regardless of the court outcome, you and your friend will always have an arrest record.

When the officer has you stay in the vehicle he is doing so as a means to increase his chances for a safe outcome of the interaction with the violater.  It decreases the chances of a physical confrontation, decreases the ability of the violater to flee and allows the officer to maintain visual control and be aware of his surrondings.  He/she is not doing it just so they can have a peek inside your car   (that's just the bonus part )

[Shamus]

Like Tarmac said, all states are different.

Working on one now where a guy was drunk on his front porch and was asked if he had any guns in the house, he screwed up and said yes and was charged with intoxicated person in possesion of a firearm after they found a loaded 12gauge in his bedroom on the second floor.

Will keep all you gun nuts up to date on the progress of this one

shamus

[Gunslinger]

I don't have much else to add cept the following.  THEY DO NOT NEED A WARRENT TO ENTER RUSSIAN'S APARTMENT IF and only IF they have permmission to do so from the owner/property manager.  Same goes for hotel rooms and such.

[Furball]

Originally posted by Jackal1
Don`t know how it is in the Showme state, but here in Texas you can be arrested for public intoxication sitting on your deck or patio .

so in America you can get arrested walking home from the bar because you are drunk in public?

[Gunslinger]

Originally posted by Furball
so in America you can get arrested walking home from the bar because you are drunk in public?

Yup,

Publix intoxication in most states is illegal.  Your chances of getting arrested for such increase ten fold when you are:  Naked and drunk, loud and drunk, violen and drunk, puking and drunk ect.

[Maverick]

If you need legal advice go ask a lawyer in your state. Asking for legal advice on a public bbs from people who may not even  be in the same country is a waste of time. You can find several legal sources who will give you a free first interview to determine if you need their sevices. Use one of those and get competant advice not BS from a bbs.