# Drinking "In Public View"



## kristen111 (Nov 12, 2009)

I was recently given a $200 citation for drinking "in public view." I was standing on a porch of a friends' home, which has a roof over it and tall bushes that wrap around the sides and block all street views unless standing directly in front of the stairs leading up to the porch. It was dark, raining, and there was no one on the street - which, is not actually a street, but a Terrace with only about 4 houses on it. 

There were 3 others present with me at the time, about 9:30 p.m. There was no party or gathering going on, just a few friends smoking cigarettes and having a beer, and in fact we weren't even talking when the cops approached us. We are all of age, and none of us have any previous records. 

My question is this really: Is this really legitimate in the city of Boston? It seemed like the cops were looking for something to do. Also, is there anything I can do to contest this? I've never had to deal with something like this before and don't know what the appeal process involves. If I can,t can I do service instead of pay the fee? I couldn't afford to pay this ticket if I wanted to.


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## kwflatbed (Dec 29, 2004)

It sounds like there is a lot more to the story than what you printed.


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## kristen111 (Nov 12, 2009)

there really isn't! Ask me anything! That's why I'm asking in the first place, I can't figure out how this is actually okay to do.

I don't get it! I was on private property, hardly in view of anything, not disturbing anyone. The only possible thing I can think of was that it occurred in Allston, which is notorious for Bourbon Street-like activity, but there was none of that going on AT ALL. It was a really quite night out, and as I said it was pouring and the "street" was entirely empty, literally no one around.


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## Guest (Nov 12, 2009)

Look at the ticket there must be some type of appeal process on the copy. As for the cops just looking for something to do, "harrasing" citizens on a dead end street that sounds like bull. Someone must of called to complain or there is a history at your address.


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## BRION24 (Sep 19, 2008)

Police aren't out there looking to harass people who are just hanging out and having a drink. There must have been a call that you were being loud,obnoxious and drinking, which was probably the case, and you were cited accordingly. If you don't like it appeal.


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## Lost (Dec 19, 2006)

I love when people think it is because the police have nothing better to do. Before this undoubtedly pleasant interaction, these officers had free reign in their post to speak with appreciative, law abiding citizens and helping them with their problems. Now, they are stuck in a hole (because, contrary to public beliefs, most stations are not any nicer than what you see in booking) writing a report with enough detail to go for a felony charge, all so that they could harass you. 

Most people feel that they don't deserve police attention. I highly doubt that the officer who cited you was checking every porch (because you were out of sight and quiet, how else did he/she end up there). If you feel it's unwarranted, follow the appeal info.


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## Pats2009 (Aug 24, 2007)

kristen111 said:


> My question is this really: Is this really legitimate in the city of Boston? It seemed like the cops were looking for something to do.QUOTE]


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## OfficerObie59 (Sep 14, 2007)

I call BS.

I'm sure the cops in D-14 have better things to be doing on a Saturday than actively looking for public drinkers. I'd bet the farm they were there b/c they were called by a neighbor who thought you were being too loud. And just becuase you're on private property doesn't mean you're not "in public" unless you are within the curtilage of the property. Rule of thumb: If the mailman can go there, you're in public.

By all means appeal if you indeed feel like you were wronged, but keep in mind the cop could have arrested you:


> Chapter 272: Section 59. Ordinances or regulations relating to streets, reservations, or parkways; alcoholic beverages; profanity; arrest without warrant
> 
> Section 59. Whoever remains in a street or elsewhere in a town in wilful violation of an ordinance or by-law of such town or of any rule or regulation for the government or use of any public reservation, parkway or boulevard made under authority of law by any department, officer or board in charge thereof, whoever is in a street or elsewhere in a town in wilful violation of an ordinance or by-law of such town or of any rule or regulation for the government or use of any public reservation, parkway or boulevard made under authority of law by any department, officer or board in charge thereof, the substance of which is the drinking or possession of alcoholic beverage, and whoever in a street or other public place accosts or addresses another person with profane or obscene language, in wilful violation of an ordinance or by-law of such town, may be arrested without a warrant by an officer authorized to serve criminal process in the place where the offence is committed and kept in custody until he can be taken before a court having jurisdiction of the offence.


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## niteowl1970 (Jul 7, 2009)

Waaaaa..

Another entitled college kid that thinks the "college experience" means that the law doesn't apply to them.

Boston PD cracks down on loud parties early in the night because they get sick of dealing with bullshit like this at 8AM.


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## OfficerObie59 (Sep 14, 2007)

niteowl1970 said:


> Boston PD cracks down on loud parties early in the night because they get sick of dealing with bullshit like this at 8AM...


Or this...


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## fra444 (Nov 23, 2008)

Obie is absolutely right. I would have locked you up. Drinking in public is arrestable, hell city ordinance violations are arrestable! I would have to guess the police got a call from a neighbor, then when they spoke to the nice citizens on that porch there was a whole bag of fresh given to the officers. That behavior always = TICKET OR MORE!


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## Guest (Nov 13, 2009)

Its punishment for having a FILTHY habit such as smoking Cancer shticks.......


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## niteowl1970 (Jul 7, 2009)

I'm just waiting for Rocky's wife to come running to the defense of Kristen.

Kristen the police don't do this because "they don't have anything better to do." They do it because the residents of Allston and Brighton have had quality of life issues in their neighborhoods for years. They get frustrated because college kids party until 3AM and it makes it hard for people to sleep at night. I'm not singling you out and I'm sure you're a nice kid.. But there are others that take things way too far and create a bad enviroment for the non-college working people that neighbor these party houses.

The ultimate goal of the BPD is to create a community that respects each other. They also have to make sure these parties don't get out of control and end up with alcohol poisoning, fights, and sexual assaults. So if they feel that a particular party is getting out of hand they break it up.

I partied alot in college but I also took responsibility for my actions when I got caught.


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## vttroopah (Oct 8, 2009)

For me to reply to this thread I would require photos and stats of all female parties involved and the parents' gross income (with 1040 as proof).


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## jedediah1 (Jun 18, 2009)

kristin, get a night job and drink during the day, problem solved


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## Boston Irish Lass (Feb 13, 2009)

I think a lot of people simply don't realize that voices are amplified at night after the usual noises go away. Throw in a few pints and they DEFINITELY don't realize it.


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## Tuna (Jun 1, 2006)

Sounds like BS to me Kristin. What were you doing exactly 2 minutes before BPD came up on the porch.


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## soxrock75 (Jul 26, 2004)

vttroopah said:


> For me to reply to this thread I would require photos and stats of all female parties involved


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## 263FPD (Oct 29, 2004)

kristen111 said:


> I was recently given a $200 citation for drinking "in public view." I was standing on a porch of a friends' home, which has a roof over it and tall bushes that wrap around the sides and block all street views unless standing directly in front of the stairs leading up to the porch. It was dark, raining, and there was no one on the street - which, is not actually a street, but a Terrace with only about 4 houses on it.
> 
> There were 3 others present with me at the time, about 9:30 p.m. There was no party or gathering going on, just a few friends smoking cigarettes and having a beer, and in fact we weren't even talking when the cops approached us. We are all of age, and none of us have any previous records.
> 
> _*My question is this really: Is this really legitimate in the city of Boston? It seemed like the cops were looking for something to do.*_ Also, is there anything I can do to contest this? I've never had to deal with something like this before and don't know what the appeal process involves. If I can,t can I do service instead of pay the fee? I couldn't afford to pay this ticket if I wanted to.


Right, Boston Police were bored and looking for something to do. Because we all know there that it's such a boring job there in Boston


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## Eagle13 (Jun 12, 2008)

Moral of the story is drink in your backyard or in your apartment, and preferably not on a a school night.

You can always appeal it. Read the instructions on the citation.


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## DEI8 (Jan 20, 2006)

mtc said:


> I partied alot too... wrote some of my best English papers with several Haffenraffers in me...
> 
> Didn't stay in college long though, for some reason.....


The good ole days a 64 OZ Haffenraffer, the back seat of the bus, and off to school we go.


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## DEI8 (Jan 20, 2006)

mtc said:


> The more you drink, the easier the cap riddles get!


Fond memories of my teenage years, late 80's early 90's. $2.69 at the local store, Was a bargain.


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