Legal Question in Criminal Law in New York

Public consumption of alchol on front stoop: Illegal?

The setting is a townhouse in Brooklyn, New York. It is a house owned by one family with three different branches of the family living on three separate floors. There are outside stairs going up to the second floor, like a brownstone. There is a closed (not locked) gate/fence in front of the stairs, enclosing a front yard area. Can I legally drink alcohol sitting on the front steps of my house? Can a police officer who sees me drinking beer on my front steps enter the gated area and issue me a summons? If I run inside, can he chase me? Are my front stairs considered a public place? Is my house considered an apartment building because there are 3 distinct apartments, even though they are all my family and we all own the building? (thereby making it a public place)? Thank you so much for your help.


Asked on 6/01/07, 4:57 pm

2 Answers from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Re: Public consumption of alchol on front stoop: Illegal?

Any area of a building facing a public street is considered in the public view and therefore an open container in plain view is a in many cases a violation of the open container law.

As for the police officer pursuing you into your home, if the officer views a violation of the law and the perpetrator flees, the officer can pursue the perceived perpetrator even into their own home.

If you want further information, please feel free to contact me at 516/746/4747 or at [email protected].

Joel R. Salinger, Esq.

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Answered on 6/01/07, 11:55 pm
Robert Evans Robert S. Evans esq.

Re: Public consumption of alchol on front stoop: Illegal?

Any area in a public view is considered public space and any "offense"observed by law enforcement can be acted upon.I handle cases such as yours on a regular basis,you may call my office@7188340087 for a free phone consultation.

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Answered on 6/03/07, 10:49 am


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