Outraged in 78212! (Franklin, San Pedro, Powell: attorney, tenants, to live in)

[JuneOf48]

Originally Posted by majormadmax

Really? You were there?

It is the decision of the police officer to whether they suspect someone is intoxicated in public. Unless you witnessed the event, you can't make a judgment call. What I stated was that her husband, who admittedly had several drinks within a 90 minute period, could have very well exhibited signs of being intoxicated.

And you're also wrong about there being "no mandated legal limit for blood alcohol content that makes walking itself safe." If you bothered to read the entire section of the Penal Code (Title 10, Section 49 "INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES") you will see that "intoxication" is also defined as "having an alcohol concentration of 0.08 or more." Several drinks within an hour and a half could easily put him over that limit. It is public intoxication whether a person is walking, standing, or has fallen over. So despite what you may thing, it is true.

All an officer needs is the odor of an alcoholic beverage to have probable cause that a person may be intoxicated. Most likely that is what generated the question. Whether he was or not is up to the officer's discretion. He could have easily arrested him and taken him downtown for a blood test based on the odor of alcohol, but he gave him a break after questioning.

As for why he was frisked, that is to determine that he isn't carrying any deadly weapons. It is standard operating procedure during a stop at night. Again, what you think and what is true are not the same.

The OP and her husband have no right to be upset. He was breaking the law and the officer was right to stop him. Nothing he did was unethical or outside of normal operating procedures given the situation. Like it or not, those are the facts...

Being intoxicated on the sidewalk does not constitute criminal activity. Public intoxication is defined as being so intoxicated that one "appears" to be in danger of doing harm to oneself and/or others. (Think stumbling, falling over, wandering into traffic, acting loud, belligerent, out of control, etc.) That's the letter of the law. If there's no perception of danger, it's not a crime. Simply walking on a sidewalk at 1:30am with a .08 blood content is not illegal--driving with a content at or above that is, no matter how someone's driving "appears." Plain and simple.

Do you think that the cops should do a sweep of Austin City Limits and arrest everyone who is in Zilker Park--simply enjoying themselves with a few drinks, while not bothering anyone or appearing to be a "danger"--just because their blood alcohol is at or above .08? How about a Spurs game? How about a block party? Do you think that's legal? If it were, all bars, restaurants, and sports stadiums would have to shut down, as you cannot get from one "private" space to another (i.e., your home) without at least walking to the street to try to hail a cab. And the street, by definition, is public space.

You can't assume that anything is the case either. All we have is the OP's narrative. And it doesn't mention a breathalyzer, a field sobriety test, "dangerous" behavior, a statement of probable cause, or anything else.

As I said, I've met plenty of great cops. Recently, I was pulled over (at 7pm) on suspicion of drunk driving. I was on I-35, just having entered the highway from a new (to me) entrance ramp and trying to avoid getting stuck behind a line of trucks. The cop thought my driving was a bit aggressive. He pulled me over, talked to me for a second, told me what his suspicions were, and quickly concluded that I was not drunk. (I hadn't had a sip!) He then told me that he had just pulled over three drivers after "happy hour," and each was legally drunk. After he heard my story, he smiled, gave me back my license, and was on his way. Super nice guy! I understood why he pulled me over, and I was very glad that he was vigilant. No hard feelings at all.

Lots of great cops out there. There are some definite bad apples, too, as we know from so many court cases and news stories. Nothing excuses their behavior. And to pretend that they don't exist is just silly.

[JuneOf48]

Originally Posted by The Black Irish

In that area of town at 1:30 AM walking is suspect. And we are taking this person's word of the account. Who knows what the cop saw??? He could've asked the gentleman if he was okay and such. As soon as cops smell alcohol on someone's breath, regardless if it is 2 beers or 10 beers, they will definitely start asking questions. IMO this guy set himself up by wandering home after drinking a few beers.

Walking down San Pedro in 78212 at 1:30am is suspect? On the left side of the street is Monte Vista, with some of the most expensive and beautiful homes in the city. On the right are some pretty nice homes, too. Plenty of good people live there. Nothing suspect about it.

[The Black Irish]

Originally Posted by JuneOf48

Walking down San Pedro in 78212 at 1:30am is suspect? On the left side of the street is Monte Vista, with some of the most expensive and beautiful homes in the city. On the right are some pretty nice homes, too. Plenty of good people live there. Nothing suspect about it.

Okay whatever sweetheart. I am telling you that my SAPD COP BUDDIES have told me regardless if it is San Pedro, Stone Oak, Monte Vista, any place in town if they see anyone walking late night they will be asking them questions. Whether drunk, high, black, white, hispanic, disabled, on a bike, in the back of a truck, on a scooter, do I need to keep going????

[JuneOf48]

Originally Posted by The Black Irish

Okay whatever sweetheart. I am telling you that my SAPD COP BUDDIES have told me regardless if it is San Pedro, Stone Oak, Monte Vista, any place in town if they see anyone walking late night they will be asking them questions. Whether drunk, high, black, white, hispanic, disabled, on a bike, in the back of a truck, on a scooter, do I need to keep going????

Well I'm glad to know that you'll be happy when they roll up to you on a north side sidewalk, frisk you, and search your pockets just because you're standing there!

Not the kind of government I want, but to each his/her own.

[majormadmax]

Originally Posted by JuneOf48

Being intoxicated on the sidewalk does not constitute criminal activity...

Sorry, but if you're gonna start your post with an inaccuracy, there's no reason to read any more.

Maybe you've not been paying attention, but being intoxicated in public is against the law. I've posted the section of the Texas Penal Code that states it is, so it's not just my opinion, it's a fact.

Until such time as people bother to actually research the law and post accurate posts, this thread will continue with pointless comments. It is not a matter of what someone thinks, and since no one--to include the OP--was there when this all occurred, then no one has anything more to add.

I am simply pointing out that there was probable cause to stop him, and to question and search him. It's called a Terry Stop (derived from Terry v. Ohio, 392 U.S. 1 (1968)) and the Supreme Court has ruled that the police may briefly detain a person whom they reasonably suspect is involved in criminal activity. They may also may do a limited search of the suspect’s outer garments for weapons.

Bottom line is that it was a legal stop, and anyone who thinks this is an example of a "police state" has obviously never been in a real one to know the difference.

[The Black Irish]

Originally Posted by JuneOf48

Well I'm glad to know that you'll be happy when they roll up to you on a north side sidewalk, frisk you, and search your pockets just because you're standing there!

Not the kind of government I want, but to each his/her own.

Well first of all you'll never catch me walking on a sidewalk on any side of town. That is what losers do! I get drunk beyond any reasonable point, but I do it responsibly. If a cop and me ever meet it'll be cause I am playing my music too loud at 1:30. Not strolling through Monte Vista after a "few beers" with my friends and forgetting my keys!

[skeet09]

Originally Posted by The Black Irish

Well first of all you'll never catch me walking on a sidewalk on any side of town. That is what losers do!

Even during the day?

[The Black Irish]

Yup!!! Cannot tell you the last time I was on a sidewalk??? Maybe NIOSA???? Even that is sketchy???

[skeet09]

Originally Posted by The Black Irish

Yup!!! Cannot tell you the last time I was on a sidewalk??? Maybe NIOSA???? Even that is sketchy???

Wow! I walked a lot of sidewalks during the day taking the bus to college, no car at the time. At night, no way though.

[End Alzheimer's]

I'm sorry that he was detained and felt treated poorly. It's actually not entirely uncommon for persons to be walking late at night in that area, Via has two buses (Blanco Rd, McCullough Rd) that finish their routes in that vicinity at approx 1:10am. Still, as majormadmax pointed out, it wasn't inappropriate to detain him. If you've ever watched any tv cop show you know that their questioning is used as an opportunity to evaluate probable cause, as indignant as it makes us feel, try not to take it personally.

On a lighter note, you've referred to him as both your fiancé and husband. Which is it? Either keep it consistent, or drag his arse to the courthouse.

Lastly, after explaining the scenario to you, did he say:
"There wouldn't be no trouble except for that king-shi* cop! They drew first blood!" —John Rambo