Saturday, May 29, 2010

Third false arrest

So this one is just absolutely asinine. Last Friday, I was waiting for Adam to get home from work so I could pick up a check mailed from a client. The condominium complex where we lived had very little shade, so I was sitting on the outdoor patio of a neighbor two doors down. I was locked out of the condo because Adam changed the locks on me, but in all technical sense to a law enforcement officer as my ID still had that address on it, I was a legal resident of the condominium complex. I was drinking a beer sitting in the shade with my cell phone charger plugged in. Two sheriffs deputies were responding to another call, and one of them recognized me from one of the previous encounters. When they approached me, they asked if I was a legal resident of the property, as my address on my ID was the same as the address of the physical building, I said yes. I also asked the officer what probable cause he had to investigate me or detain me for questioning. He said I was drinking in public, and pointed at my beer can as the probable cause for his questioning. I kindly advised the officer, "Excuse me sir, this is private property, I am below the legal limit, and California Penal Code 647(f)requires there to be an immediate danger to myself or others." This really aggravated the officer, at which time he arrested me for 'Drunk in Public'. The appropriate CPC section follows:

647(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.


So this officer arrested me because he recognized me, on private property I was legally entitled to reside, completely violating my rights yet again. Good job Los Angeles Sheriffs! The kicker, I blew 0.0 at the Sheriff's substation, and they still held me 11 hours.

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