Legal Question in Criminal Law in California

standing

My question is how can a law enforcement officer (leo)or a district attorney file a complaint and prosecute someone in the name of the state when there are no damages and no one complains except the leo ? How do the DA or the leo have standing to sue you ? Can a leo arrest and search person on private property without a warrant when no one complained and there was no probable cause for the arrest ?

senario: A friend and I stoped at a buisness which we both have been doing some work. Seeing that it was closed we stood around and were talking. After a few min. A patrol car came in and pulled in behind us. The usual plesantries exspired and then he put my friend through the field sobrity test which he passed, then searched his car, found nothing then started to question me wanting to know if I had any warrants or was on probation or parole, I said no ! He then asked if I had been drinking, I had a moterate buzz and replyed yes. he then said that I was under arrest for drunk in public (cpc 647 f.)and took me to jail and then released me after a few hours. I was with my friend as a passenger in his car and was clearly not bothering anyone or anything. I have heard that this is common pratice here in El Dorado County Ca.


Asked on 4/10/00, 6:19 pm

2 Answers from Attorneys
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: standing

A law enforcement officer has the right to enforce cpc 647 f if he determines that you are threat to yourself or others. No one has to call the police and no other person has to be harmed. He does have to have probable cause to detain you and if you were on private property there are other issues as well. Call us for a free consultation so we can further discuss your case. Our telephone number is 1-800-327-4652.

Read more
Answered on 4/24/00, 9:27 pm
David Beauvais David J. Beauvais

Re: standing

While drunk in public may sound like a "victimless crime", an officer has the authority to enforce 647f based on his or her own observations and the DA may elect to prosecute even though no damage was done. However, there may be other problems here. It is not clear from your post whether you were actually on private property. If you were, you did not violate 647f. Also, 647f requires that the officer have probable cause to believe that you were sufficiently intoxicated that you posed a danger to yourself or others. The state of intoxication must be more substantial than what you describe and the threshhold is much higher than what is required for driving under the influence, for example. There may be issues involving illegal detention/search and seizure here as well but you have not provided adequate information to address them. If you are charged, you should obtain counsel. You also have the option of pursuing a civil action. Although the damages that you may recover appear to be small, a lawsuit sometimes helps to curb future abuses even if it doesn't solve the problem of the bored cop who creates trouble where there isn't any just to feel useful.

Read more
Answered on 4/23/00, 1:26 am


Related Questions & Answers

More Criminal Law questions and answers in California