Legal Question in Civil Rights Law in California

Me and My roomates were having a small celebration at our condo. Me and my roomate went outside to "shotgun" a beer. unfortunately just as we were shotgunning the police rolled up. They needed to walk to our house and immediately entered our residence without approval from any of the occupants, and known to me no legal reason to enter besides a noise complaint. the officer preceded inside to let out everyone from the celebration. This was originally the issue of the noise complaint but as i was reasoning outside with the officers me and another occupant were issued with drunk in public. under FMC 7.17.010. I researched this specific violaton and discovered 3 different values which were: 1. violation requires that a person must be drunk 2.that the violation must appear in public and 3. must be so drunk that person is danger to themselves or others. me and my roomate are both over the legal age for drinking and were never breathalized or asked to initiate proof that either of us were drinking. What are our options in pursuing the charges against us? esspecially considering we are overage and within less than .01 miles of our residence. Overall i view this as an unfair charge against both me and my roomate and would like to know of any legal action we may take in our favor


Asked on 2/04/11, 2:47 am

1 Answer from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

What city is FMC? Public intoxication is a call the police make. they don't have to do a breathalyser and they can testify at court. The officers can approach your door regardless and they can also enter if they believe from there is a nuisance which from description is reasonable.

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Answered on 2/04/11, 8:38 am


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