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In re David W.

California Courts of Appeal

172 Cal. Rptr. 266 (1981)

Relevant factsFree

David W. (defendant), fifteen and apparently under the influence of drugs, became incoherent and violent in his own bedroom, prompting his mother to call police out of concern for his and others' safety; police, finding him restrained by family and unable to walk unassisted, handcuffed him and transported him to the hospital over his mother's request for an ambulance, and a packet of pills fell from his boot during emergency room treatment, leading to an arrest for drug possession that was never actually charged. Instead, David was charged with and convicted of disorderly conduct for being under the influence of drugs in a public place, and he appealed, arguing the record did not show he had violated the statute.

IssueFree

Whether an intoxicated person who is forcibly removed from his home by the police may then be prosecuted for being intoxicated in a public place.

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