PI Sillyness in Monterey

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



I was detained (not arrested) for 647(f)PC Public Intoxication on this past Monday night.

I am a 29yo 190lb male, and after dinner consumed approximately 4 beers and 2 shots between 8pm and 1:30am. My BAC was probably around 0.03-0.04 (I've used a personally owned breathalizer in the past to get a good gauge of how my body processes alcohol). No record, no prior convictions, arrests, etc.

Walking back to my hotel with a friend we were stopped by Monterey Police. They had us immediately sit on the curb. About 20 seconds later I was asked to stand up, put in cuffs, and taken to detention. Booked, finger printed, and held for 8 hours, but no charges were levied.

I contended that I was not drunk and requested a field sobriety test, breathalizer or blood test on the scene and again at the station, but it was denied. Upon reading the forum I see that it is not a requirement, and the officer's judgement is enough.

So my friend and I were walking back to the hotel, on the sidewalk. We were not loud, didn't urinate publically, didn't jaywalk, weren't falling down, were not committing vandalism. Walking and talking like normal people. Neither of us had car keys on us, and no intention of driving. No weapons, drugs, paraphenalia, otherwise. The officer gave no information about why the arrest was being made, or what led him to judge me as intoxicated, despite my asking.

The speed with which we were first approached and then detained was discomforting. The entire process took less than two minutes, probably less than one. I am confident they intended to arrest regardless of the circumstance, and were figuring they might find drugs, a weapon, or otherwise.

So it seems like this was just a detention, and not a true arrest. No charges filed, no court action, so there's nothing to have expunged or sealed as I understand it. The only record is that at the Monterey police dept files. If I'm asked on a job application if I've ever been arrested, can I still say no as this was just a detention for sobriety?

The officer that discharged me indicated a $10 fee to obtain a copy of the police report that may take several weeks for the officer to complete. Is that reasonable? It sounds outlandish to me.

Thank you for your time to answer my questions.

The officer doesn't set the fee schedule for reports, the city does. $10 is about standard fare ... my city still charges $3 and has for 20+ years, but most charge more.

And, yes, if there are no pending charges, you were likely released pursuant to PC 849(b)(2) which means specifically states that your situation was a "detention" only, and NOT an arrest, and no further action is requested.

- Carl

arrest vs. detention

You are correct in your assessment of the situation.
You were simply detained and not arrested. There will be no record of your detention on any criminal background check and you may answer no to any question you may encounter on an employment application. Most only ask if you have ever been convicted of a felony or misdeameanor. Your record will be clean.
As to the fee charged by the police department, they all charge a fee for copies of any records. I have always felt fees,fines, and penalties are grossly exaggerated. This is only my opinion but they do use these monies to generate revenue. Hope this helps answer your question.

Thank you Carl, I guess it's a done deal and nothing to worry about.

Seems a bit out of line, where in a state that you can now legally sit outside and smoke marijuana, simply walking down the sidewalk after a couple drinks can land you in detention for 8 hours. The worst part is, I waited outside the bar for a good 10 minutes for a cab but none came, decided to walk as it was less than 3 miles.

That I was from out of town (east coast) and actually walking in the right direction should have been evidence enough that I wasn't a danger. Similarly, if the cop had said something along the lines of "You can either call a cab to get back to your hotel, or we're going to detain you for public intoxication," I would have gladly called a cab, and he could have gone along and maybe caught a DUI. Just makes no sense.

I wonder how many drunk drivers passed the exact spot that I was picked up while I was being processed. I believe the published number is 1-in-3 drivers from 11-3am are beyond 0.08 BAC.

sallylong said:

You are correct in your assessment of the situation.
You were simply detained and not arrested. There will be no record of your detention on any criminal background check and you may answer no to any question you may encounter on an employment application.

Click to expand...

True, he can answer "no" to the question about a conviction for this offense, and even if working in one of those professions where an inquiry as to arrests can be made in CA he can still answer "no".

However, a record of the contact and detention still exists at a local level and these records can be sought out ... though most prospective employers do NOT go that in depth.

Most only ask if you have ever been convicted of a felony or misdeameanor. Your record will be clean.

Click to expand...

Correct. CA state law allows most prospective employers to only ask about misdemeanor or felony convictions.


- Carl

booker_t said:

Seems a bit out of line, where in a state that you can now legally sit outside and smoke marijuana, simply walking down the sidewalk after a couple drinks can land you in detention for 8 hours. The worst part is, I waited outside the bar for a good 10 minutes for a cab but none came, decided to walk as it was less than 3 miles.

Click to expand...

You can sit outside and drink a beer in many places, too. And smoking marijuana within 20 feet of a doorway to a business can be citeable offense ... and smoking without a DHS card can also result in a citation for possession.

I can only hypothesize that something about your behavior or that of your friend's caught the officer's attention and resulted in the arrest. What that is, I can't say. However, it is likely you were not as sober appearing as you believe you were. I guess you'll find out what the rasoning was when/if you can obtain a copy of the report.

I wonder how many drunk drivers passed the exact spot that I was picked up while I was being processed. I believe the published number is 1-in-3 drivers from 11-3am are beyond 0.08 BAC.

Click to expand...

I believe it is closer to one in two.

But, we can all only deal with one issue at a time.

- Carl