California Penal Code 647(f) reads:

Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor?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 basically, if you're (1) in a public place (for example, sidewalks), are (2) under the influence (having had "some drinks" may count), and (3) in a condition where you are unable to exercise care for your own safety/safety OR are obstructing/preventing free use of any street/sidewalk (this is probably up to the officer's discretion, but if you seem drunk and are stumbling, you probably meet this prong), you are doing something illegal.

So, yes, stumbling on a sidewalk after having had a few drinks MAY be illegal.
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I thought I made a thread about this yesterday... maybe I should of made a more appealing thread title..

https://www.i-club.com/forums/bay-area-15/san-jose-has-most-drunks-193319/

 

Yeah but what can be said for getting pulled over in your subaru and being reff'ed or being harrassed if you have been drinking or have drugs in the car,

I thought that was a hooker referance...

 

Whats sad is we want them to stumble down the road walking home drunk. Keeps them out of the cars and off the roads where they can kill someone quicker.

 

I also have to say that you are right on what you just said, San Jose has A LOT of Hispanic people that live there. How where I live in San Carlos most of the people that live in my city are white, some Asian and Japanese, so a lot of white people were arrested in my city, %40 of all arrested people in 2007 that got were white. Does that make San Carlos is racial profiling? NO! its cause most of the people that live in San Carlos are white lol. I hate when people pull the race card, it's such bs!

 

But whose to say that the drunk guy stumbling on foot won't get behind the wheel later on? Or do something else that might cause injury to others? It's hard to predict/anticipate the actions of any person, drunk or not.
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So for those calling out racial profiling....

Can you cite direct statistics for bay area populations showing some numbers on % of hispanic population in comparison?

If SFPD decided to do this same operation in Chinatown, Hunters Point, or the Marina District and got most arrests of the "prevailing group", would that still be profiling?

 

If said Subaru driver isn't doing anything moronic and gets harassed, yeah, I'd say its BS (but still the law). But, I highly doubt SJPD is just walking around asking every person on the street to walk in a straight line. Something had to tip them off to these peoples state.

 

Its very easy to tell the drunk from the sober ones in those kinda situations, and that's just coming from a civilian standpoint.

 

Here is 2000 census of San Jose.

http://factfinder.census.gov/servlet...16000US0668000

If I'm reading correctly, 30.2% of San Jose population is Hispanic, while 36% of San Jose population is white.

 

*clears throat*

It's called a "modular home", not trailer home...




Also, the most that should happen for public drunkenness is a fine... and a small percentage of violent drunks should be prosecuted. This applies to any ethnicity.

 

have you ever dealt with a really drunk friend? Its ****ing annoying, right? What makes people think a cop is going to go out of their way to deal with annoying people? Cause no matter what most people think, cops, especially SJPD, do not have a quota to meet for arrest. Its got to be someone complaining or they are just dragging that much attention to themselves. I seen how ignorant some drunk ****ers in San jose can be, and I am not just referring to just Hispanics, given that most of the time it is because of the fact that San jose is full of us!

 

well they arent going after your type obviously, they are getting the dangerous people off the streets.

you worded that very biasedly, i can make a DUI seem like a walk in the park on a sunny day aswell...why is me having a few drinks then driving by brail home on the freeway at 65mph breaking the law? It is because there is potential to kill.

I dont want some drunk guy on the corner trying to pick a fight with me, stab me, transfer blood, then im stuck with hepatitis or teh aids.

 

but what percent of those percent has drinking problems?


my two brothers are both blonde hair blue eyed and BOTH have been arrested for drunk in public.

 

I always thought it was funny, when i worked for the Parks department in Moutnain View, the majority of my beer cans found were Modelo Especials and an occasional Steel Reserve, Country Club or Mickeys.

no DNA testing needed, you can tell exactly "who" littered!