DES MOINES – You can legally greet a cop on your front porch or steps and be drunk, the Iowa Supreme Court ruled.
The Iowa Supreme Court overturned the conviction of a Waterloo woman for public intoxication. Appealing her 2013 conviction, she claimed her front porch is not a public place and therefore, no law was broken when she was there and under the influence of alcohol.
Twelve years ago, the supreme court concluded the front steps and common hallway of an apartment house are public places under Iowa’s public intoxication statute.
However, the court also concluded “the front steps of a single-family home are clearly distinguishable from the front steps of an apartment house,” and left “for another day any other questions related to the character of the front steps of a single-family home.”
In this latest case, involving Patience Paye of Waterloo, the court ruled that “the front steps of a single-family home are not a public place” under Iowa law “unless the home’s residents make them public by extending a general invitation to the public at large to come upon the property.” The court ruled that the State failed to prove the defendant, Paye, in this case extended such an invitation to the public, and reversed her conviction.
The case has been sent back to the district court to dismiss the public intoxication charge.
whats mater LVS cat got your tongue
Whats the matter Anonymous, can’t you read?
LVS just wait til that harmless drunk walkin home, I leaning against a tree, doing whatever and your driving down the street and he steps out in front of you cause he is drunk and doesn’t know what he is doing. you hit him and kill him, now how harmless is that?
@Sam-Read what I said. “If they are not a danger to THEMSELVES or ANYONE else” Leave them alone.
Good decision. Shouldn’t have gone to the Supreme Court to have figured this no-brainer out.
Agreed Carl, I also disagree with picking people up just for the revenue when they are walking home from a bar. If they are not a danger to themselves or anyone else they should be commended for not driving, not arrested and fined.
I’m with you on that one too, LVS. %100. They’re not harming anyone, leave them alone.
Carl-You are a very good writer. Maybe you could do a article on that some day. You have a way wit words without pissing them off like I do.