^Just keep changing your story to fit your arguement. :lol: Makes all your "stories" very credible

 

I told you...feel free to run my record. :idunno:

A porch isn't public property so how in the world could an arrest for drinking on your porch be within the law? :idunno:

Keep in mind, the cops burden of proof isn't "beyond a reasonable doubt", it's "probable cause".

 

A charge may get dropped or amended, but that doesn't mean it was a bad arrest or a bad charge.

The opposite can also be true, correct?

A porch isn't public property so how in the world could an arrest for drinking on your porch be within the law? :idunno:

 

Sounds bogus.

Is there a law or ordinance that doesn't allow you to have certain words or something on a sign on your house? Just asking because our neighbors had to take down a sign for the final four that had the F word on it. I understand why it was asked to be taken down, but is there an actual law against it?

Is there a law or ordinance that doesn't allow you to have certain words or something on a sign on your house? Just asking because our neighbors had to take down a sign for the final four that had the F word on it. I understand why it was asked to be taken down, but is there an actual law against it?

 

I would assume cities and towns can have ordinances like that.

 

That may be true for how Rocket interprets "public place" ie it's up to each locality to make that call.

I know what it is, I don't need to read it ...Regardless if it's your porch or not, if the public can see you, it's a public place. Swap out alcohol for being nude. Sit naked on your front porch and see if you don't get a visit from the Po Po :lol:

 

Like I said, I've never seen it enforced, and it's a silly law, but...

 

As for the screened in porch...that's a good question for your county attorney. They're typically the ones who will tell you what kinda of charges can stick and which will get dropped...

 

I think that is a pretty loose interpretation of public place. I can understand you being able to cite someone if they looked to be underage and the policeman went onto the porch to check. And I do see your point about nudity--however that is a different case. Let me give you an example of what I mean. If the porch is considered public like you said can you come up onto my porch and start looking under furniture and generally search it without a warrant if you don't see/hear/smell anything suspicious?

Generally speaking I disagree with Rocket's interpretation of the public intoxication law as it relates to going onto private property to make an arrest. I do agree that Indecent Exposure (being nude) is a different circumstance.

 

Trust me, it's not my interpretation. I don't agree with it, and I've never heard of it enforced that way. I'm just going off how it was explained to me by someone who has way more knowledge and experience than myself. Like I said, I think it's stupid.

 

I can however see someone being arrested for AI on their porch or in their yard for being "manifestly under the influence".

Is there a law or ordinance that doesn't allow you to have certain words or something on a sign on your house? Just asking because our neighbors had to take down a sign for the final four that had the F word on it. I understand why it was asked to be taken down, but is there an actual law against it?

 

I could see it POSSIBLY being called DC 2nd...

I told you...feel free to run my record. :idunno:

Give it a rest :lol: You change whether you've been in trouble or not to support what point you're trying to make. I classify your posts as "fiction".

Got any case law to support your belief as to how "public" is interpreted?

 

By your definition I could be arrested for drinking a beer at a cookout in my backyard.

 

Call my cynical.

 

You're preaching to the choir. I don't agree with how it was explained to me, and I've never known anyone to cite for it.

Trust me, it's not my interprettation. I don't agree with it, and I've never heard of it enforced that way. I'm just going off how it was explained to me by someone who has way more knowledge and experience than myself. Like I said, I think it's stupid.

 

I can however see someone being arrested for AI on their porch or in their yard for being "manifestly under the influence".

 

I could definitely see someone that has caused some kind of disturbance being arrested for being drunk and on their porch or in their yard. I could also understand if the police investigating if they see people drinking on a porch or in their yard and some of them look underage. However, I have a hard time believing that the police can just walk up onto my porch, check what I'm drinking and issue me a citation if I am on my property, appear to be of age, am not causing a disturbance and not intoxicated. I see no way that would stick. Where is there cause for investigating me or searching me? The certainly could not come onto my porch and search it without a warrant or cause. What is the difference?

Trust me, it's not my interpretation. I don't agree with it, and I've never heard of it enforced that way. I'm just going off how it was explained to me by someone who has way more knowledge and experience than myself. Like I said, I think it's stupid.

 

I can however see someone being arrested for AI on their porch or in their yard for being "manifestly under the influence".

 

Was that someone your County Attorney or on legal staff at DOCJT?

 

And by that logic no one can have a party (with drinks) in their yard without being in violation.

Give it a rest :lol: You change whether you've been in trouble or not to support what point you're trying to make. I classify your posts as "fiction".

 

:cry:

I could definitely see someone that has caused some kind of disturbance being arrested for being drunk and on their porch or in their yard. I could also understand if the police investigating if they see people drinking on a porch or in their yard and some of them look underage. However, I have a hard time believing that the police can just walk up onto my porch, check what I'm drinking and issue me a citation if I am on my property, appear to be of age, am not causing a disturbance and not intoxicated. I see no way that would stick. Where is there cause for investigating me or searching me? The certainly could not come onto my porch and search it without a warrant or cause. What is the difference?

 

That's pretty close to what happened to me. All of the people on the porch were of legal age (most were in their 30's). It was a Saturday morning / early afternoon and there was a football game. A female police officer walked up to our porch & told me that we were not permitted to drink on the porch. We got rid of any beer cans & put it in a cup. About 15 minutes later, her male partner approached our porch again. He asked who lived there, and I responded that I did. Then an exchange took place where the cop was a complete jerk & I somehow remained calm. He asked "Why are you disrespecting us?" and I responded with "Sir, why are YOU disrespecting us?"

 

The alumni who were present with me were absolutely appalled by the police officers' tone, actions & demeanor. Sadly, it is what I had grown to expect out of the Lexington Police.