Case brief summary
A law against public drunkenness only applies when a person chooses to be in a public place while drunk and acts in a loud, rude, or indecent way there.
Facts
Police arrested Cephus Martin at home without a warrant and brought him onto a public road, where he allegedly acted drunk. He was then charged with public drunkenness.
Procedural history
A circuit court convicted Martin of public drunkenness and he appealed to the Alabama Court of Appeals. The Court of Appeals first affirmed the conviction, but then granted a request to reconsider the case (called a rehearing).
Issue
Can someone be legally convicted of being drunk in public when police officers forcibly bring the intoxicated person to that public place against his will?
Holding
No. The court reversed the conviction and ordered Martin discharged because the law requires the person to voluntarily be in the public place while drunk.
Reasoning
The public drunkenness law requires someone to choose to appear drunk in public. If police force a drunk person from their home into public, that is not voluntary, so the conviction cannot stand.
Opinions
Majority (Simpson, Judge): The arrest happened at Martin's home and officers forced him onto the highway, so his later actions there cannot support a public drunkenness conviction.