To pee or not to pee , that is the question .

kevin1 · 03-10-2006, 08:00 AM

Quote:

SAN FRANCISCO, California (AP) -- Emptying one's bladder in a public place is a crime, even if there is no specific law prohibiting the practice, a state appeals court ruled.

Granted , the act itself is disgusting , but should that give a cop the right to search you if it isn't illegal ?

Your thoughts ?

burniegoeasily · 03-10-2006, 08:07 AM

Funny you posted that. There was a guy I ran track with in college who was arrested twice for peeing in public. One night we were leaving a bar, and he steped next to a car and let it run. A cop came around the corner and saw. He got arrested for indecent exposure. The second time, we were making the bars on 6th street, in Austin Tx., and he stepped into an all to go next to a dumpster. Same thing happened. He was arrested for indecent exposure. The funny thing, a week before we were at Mardigras in Galviston and saw T and A around every corner, but no one went to jail that night.

Tazman · 03-10-2006, 08:07 AM

Kevin it is illegal, if you are breaking the law and are busted for it, the LEO has every right to search you! Not only does he have the right but a responsibilty to do so.

BTW the LEO found 6 rocks of crack on the guy.

Quick question, if I stood in your front lawn and openly took a leak, what would you do?

1. Kick my butt!
2. Call the police!
3. Holler for the wife and kids to come quick to see the guy peeing in the front yard.

cameronmclain · 03-10-2006, 08:08 AM

San Fran is a weird, weird place. Almost as weird as the Charlie's Chocolate Factory. ...I take that back; It's just as weird as Charlie's Chocolate Factory.

kevin1 · 03-10-2006, 08:19 AM

Taz , you must have missed the part of the article where they say that public peeing isn't covered by an appropriate statute(not illegal) . I've been there , and frankly it doesn't surprise me that it isn't considering the other things that go on there .

hillbillyhunter1 · 03-10-2006, 08:21 AM

Unless you have some kidney disorder, peeing freely in public is kind of beligerant to start with, so perhaps the guy was even more beligerant when the leo approached. If not, I think that PIP is probably enough for a few questions, a search, and a ticket or more if additional contraband is found.

Moral: If you been smokin the crack and carrying it too, find a toilet when you need to potty.

2nd moral: If you're "on" crack, maybe nothing else matters so pee before you smoke

Deleted User · 03-10-2006, 08:33 AM

[Deleted by Admins]

Tazman · 03-10-2006, 08:35 AM

Kevin you must not have read the article, here is the beginning of it:

Quote:

Court says urinating in public is illegal under California law

03/08/06
San Francisco (BCN) - A state appeals court in San Francisco ruled today that urinating in public is a crime under California law.
The Court of Appeal made the ruling in the case of David McDonald, who was arrested by a police officer for urinating in a restaurant parking lot in Berkeley on the morning of Jan. 26, 2003.
When the officer searched McDonald, he found six rocks of cocaine base in his pocket.
McDonald was convicted in Alameda County Superior Court of cocaine possession and sentenced to three years' probation.
McDonald argued in his appeal that the cocaine should not be allowed as evidence because public urination is not a crime and there was therefore no justification for arresting and searching him.
A three-judge appeals panel said in a 20-page opinion that relieving oneself in public does not qualify as a littering crime under state law but does qualify as a crime of committing a public nuisance.
The court said public urination fit the definition of a public nuisance, described in state law as an act that is injurious to health, indecent or offensive to the senses and that interferes with the comfortable enjoyment of life or property.
Justice Anthony Kline wrote, "There can be little doubt that urination on or near a busy commercial street interferes with the comfortable enjoyment of both life and property."

NCOutdoors · 03-10-2006, 08:36 AM

If the guy didn't break a law, then the LEO had no business even stopping the guy let alone searching him.

Law enforcement is there to enforce the laws. No laws broken, nothing to enforce. The cop should keep moving.

Course, I think that there has to be SOMETHING that would prohibit it. Like Burnie said, maybe indecent exposure.

Quote:

BTW the LEO found 6 rocks of crack on the guy.

That is not relevant, IMHO.

CalHunter · 03-10-2006, 08:47 AM

Indecent exposure usually is construed to mean the person must be doing such exposure for some lewd purpose, i.e. some type of sexual gratification.

Quote:

314. Every person who willfully and lewdly, either: 1. Exposes
his person, or the private parts thereof, in any public place, or in
any place where there are present other persons to be offended or
annoyed thereby; or, 2. Procures, counsels, or assists any person
so to expose himself or take part in any model artist exhibition, or
to make any other exhibition of himself to public view, or the view
of any number of persons, such as is offensive to decency, or is
adapted to excite to vicious or lewd thoughts or acts,
is guilty of a misdemeanor.

In California, there are also cities and counties that have city or county ordinances prohibiting urinating in public. In addition to any possible local ordinance, people urinating in public are often (but not always) intoxicated and tend to urinate on others' property. A Police Officer would be remiss in not investigating further. Investigating these types of incidents can often be tricky, however, in that truly intoxicated people tend to turn towards people asking them questions and forget about the high degree of pressure still flowing and its' new direction of travel. If you're not careful, you can get wet.