Legal Question in Civil Rights Law in Alabama
Public Intox
Does a person deserve to be arrested on a public intox charge if he is walking down the street and stops to rest on a power box,nobody around,not making any noise,not with in 10 feet of the street,and minding his own business?when aproached by the police and asked to come closer,the subject declines politely with''no thank you,I want nother to do with you,I am comfortable where I am at,thank you for ask.''
1 Answer from Attorneys
Re: Public Intox
Deserve?? Perhaps not, but deserve is not the standard by which the actions you describe would be judged as either appropriate or inappropriate. In order to engage a person (like you), an officer need only possess a reasonable suspicion that something is wrong. From what you described, an officer may easily have a reasonable suspicion that you were loitering, a jailable offense. When you refused to cooperate with the officer's request, the officer then developed a reasonable suspicion, and even probable cause, that you were obstructing justice. Finally, once the officer saw or smelled alcohol on you, he/she then developed a reasonable suspicion or probable cause that you were violating the laws against public intoxication. Thus, based on the information you shared, I fail to see anything improper with what the officer did.
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