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  1. #1
    Gird your loins Daisy Hill's Avatar
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    12.16.17 @ 07:41 PM
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    Default Good News Iowans...Supreme Court has ruled it's legal to be drunk on your porch!

    In all seriousness there is an important issue here and that being what part of your home can be considered a "public place"....any place seen from the street? which in the original ruling seems to be what the court decided. So that would make your patio or a roof top deck a "public place" I think we all assumed that a man's home was his castle and you could drink, cuss,play nekkid twister...whatever....and as long as it was a legal action you were A OK

    Washington Post

    If you woke up today and thought, “Gosh, I wonder what is up with Iowa, I have not heard all that much about Iowa lately, I hope Iowa’s okay, I should really call Iowa more often,” you are in luck. Because we have news about Iowa and, more specifically, the rights of Iowans to get drunk on their porches.

    Here’s the backstory, as related by the Iowa Supreme Court: In 2013, Patience Paye called the police in Waterloo, Iowa, to report domestic violence. When the officers arrived, they spoke to Kendrall Murray, who told them that he and Paye had gotten into an argument over whether Paye could drive the car.

    Murray said that he wouldn’t let her drive because she was drunk, and told police that she punched him in the eye. He also said that while grabbing Paye’s arm to keep her from hitting him, he scratched her.

    The police went to talk to Paye and said they determined that she was the aggressor in the situation with Murray. They also took a breath sample from her to check out Murray’s comments about Paye being drunk, and two samples showed blood alcohol concentrations of 0.267 and 0.264, respectively.

    In Iowa, you’re considered too intoxicated to drive if you have an alcohol level least 0.08, and Paye had more than three times that amount.

    But Iowa state law doesn’t just cover drinking and driving. Iowa also has a law against public intoxication, an offense described in the state code as being drunk (or pretending to be drunk) “in a public place.” (They also arrested her for domestic assault, a charge that was later dropped.)

    So what, exactly, makes a place public? Iowa’s code says “any place, building or conveyance to which the public has or is permitted access.” Paye was on her front steps when the police arrived — because she had called them, remember — and she argued during her trial that she shouldn’t face the public intoxication charge because she wasn’t drinking in public.

    This is how the Iowa Supreme Court describes a photograph of Paye’s home that was submitted as evidence during the trial:

    The photograph depicts the front entrance to the residence consisting of several stairs approaching a small rectangular area that can fairly be characterized as an enclosed entryway. Metal hand railings are situated on either side of the stairs, and the stairs are neither enclosed nor covered by a roof or awning. The front yard of the residence is not fenced. On the night in question, there were no signs posted indicating that access to the property was restricted, but there also was no indication Paye had extended a general invitation for access to the public.

    However, the district court didn’t buy Paye’s argument that the porch was private, and it determined that her home was public because it was visible to people and anyone could have walked up her front steps. She was found guilty. She appealed, which brings us to the Iowa Supreme Court, who on Friday declared that, yes, you can drink on your front porch in the Hawkeye State.

    The Iowa Supreme Court’s decision, written by Justice Daryl L. Hecht, described the issue as “narrow, but important.” If you have a house, and if that house has a porch or front steps, are they considered a public place or a private one?

    This issue of public versus private places has been considered with regards to the Fourth Amendment, which prohibits “unreasonable searches and seizures” and plays a major role in how the law treats privacy. The U.S Supreme Court said in its 1967 decision Katz v. United States that “the Fourth Amendment protects people, not places,” an opinion that dealt with constitutionally reasonable expectations of privacy, the idea of where a person can expect privacy and what, in turn, makes a place public versus private.

  2. #2
    Atomic Punk I Coulda Hada VH's Avatar
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    12.17.17 @ 09:11 AM
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    Default

    "It's so lonely at the top because it's so crowded at the bottom" - Diamond David Lee Roth

    "If at first you don't succeed, then skydiving is not for you"

    "Be careful what you wish for because you just might lose what you already have"

    "Women and Children First ... The REAL Van Halen III"

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  4. #3
    Existentially Uncertain Fontcow's Avatar
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    03.13.17 @ 07:58 PM
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    Whew! This decision is a sigh of relief in light of what else is going on in the world. Wow, geez... the things people will spend time and tax money on! We've become far too anal retentive as a species when it comes to rules.

  5. #4
    Atomic Punk I Coulda Hada VH's Avatar
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    Quote Originally Posted by Fontcow View Post
    Whew! This decision is a sigh of relief in light of what else is going on in the world. Wow, geez... the things people will spend time and tax money on! We've become far too anal retentive as a species when it comes to rules.
    "Who makes the rules? I live with fools."

    "It's so lonely at the top because it's so crowded at the bottom" - Diamond David Lee Roth

    "If at first you don't succeed, then skydiving is not for you"

    "Be careful what you wish for because you just might lose what you already have"

    "Women and Children First ... The REAL Van Halen III"

  6. #5
    Master Bluesman Elwood P.'s Avatar
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    12.17.17 @ 07:28 AM
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    Lets have a party on the patio!
    "I'm the opposite of Bill Cosby. Diamond Dave always gets your approval." (DLR)

    "Kids, just say NO to marriage". (Al Bundy)

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