Public Intoxication?

[lisalewis911]

What is the name of your state (only U.S. law)? PA

A friend was drunk at another friends apartment. She went outside to look for her car and got lost in the complex. After wandering around for a while, a police officer approached her and asked what she was doing out so late? She told him she was looking for her car. He said he didn't think she was in any condition to drive and she agreed. She decided to go back to the apartment and he stopped her and issued her a citation for "public intoxication". Since she was on private property, did he have the right to cite her? If it had been her front yard, would it have made a difference?

[CdwJava]

Assuming the definitions are similar in CA to the rest of the country, if she was in a common area open to public access, then she was likely "in public" for that part of the definition of the offense. If her "front yard" was fenced and not immediately accessible to the public, then maybe she would not have been ... had she been in her front yard.

She should probably check with legal counsel prior to her court date. It might be possible that she was not sufficiently intoxicated to meet the elements of the offense.

- Carl