Can a person be arrested for public intoxication on their own property.
Question Details: police were out at a neighbors house in a rural area of california on a separate matter. I was on my property, I had been drinking. I did not interfere with the police, but after questioning me regarding a different matter, they arrested me for public intoxication. Is this legal, on my own property, when I was not a public nuisance?
Although I do not practice law in the State of California, here are my initial impressions. First, there may be several defense to this charge, depending on the particular circumstances of your case. What stands out to me, based upon the facts that you have provided, is whether the police were legally on your property. If the officer's entry onto your property was illegal, it may be possible for an attorney to get your charges dismissed. I suggest that you hire an attorney to discuss this, and any other defenses, in greater detail. Good luck.
You didn't give much by way of details.
At any rate, what many people do not realize is that it is not a crime to simply have consumed a large quantity of alcohol and being in a public place. The legal standard, under California Penal Code 647 (f), is that a person must be "unable to exercise care for his or her own safety or the safety of others, or ... interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way." That is, in order to convict you, the state must be able to prove that you were so drunk that you were a public nuisance or a hazard.
Furthermore, and most importantly for your case, if you were on your own private property, it doesn't matter how drunk you were; you were not in a public place, as the law requires.
What you need to do now is to consult with an attorney in your area as to all of this.