LEO question?

[bteague2]

This Friday I was drinking on one of my neighbor's porches in my apartment complex. It was a party and it was loud inside (why I was outside) and the cops came. The cop said if they had to come back they were arresting everyone that was outside regardless of whether or not they were 21. I asked if he could do that as we are on private property. He replied that it did not matter as we were within Knoxville city limits. Now that doesn't sound right at all and I think he was just saying that so we would go inside but now I'm curious.

And as a secondary question, if the fact that you are on private property is voided by living in city limits how would that apply to checking the mail, or slipping outside to investigate a noise or something in your PJs or night attire of choice without your HCP?

[jgrauman]

what time was it?

edit: if it was after 11(?) i'm pretty sure that as with most cities there is a noise ordinance that will allow your neighbors to call the cops on you and give you a ticket. we used to get them in VA when we had parties in our college app. but not sure if they can arrest you over it, i suppose that it would be something like, "you're breaking the noise ordinance, step out here so we can write you a ticket... ha, you're DIP, you're under arrest!"

[Marswolf]

Yeah, it sounds like a noise ordinance issue to me. I asked a friend about this some time ago, just before he took the bench as a judge. He was a county assistant prosecutor before that.

Basically a city can pass such ordinances but a county may not. They would have to have the state legislature pass a private act. So, yes...the city cops could have arrested you.

[Guest bkelm18]

Hmm, never knew that.

[molonlabetn]

I was at the Jack Daniels Barbecue on Saturday, and as some of you may know Moore Co. (where Lynchburg resides) is a dry county... on top of that, there is a city ordnance which disallows alcohol in the open. Strangely enough, there were a bunch of people carrying and drinking funny looking bottles labeled as 'ginger ale', which had a curious odor... I didn't try any 'ginger ale', because I was carrying...

It's a good idea to be aware of any local ordnances which might cause problems for even fairly harmless behavior. There is usually a 'workaround' which is acceptable to local law-enforcement...

I don't go to parties other than small get-togethers with responsible friends, anymore; but when I do, I always lock my weapon in my vehicle... (which didn't do much good once when some local LEOs decided that they wanted to break into and search every vehicle at a particular large broo-ha-ha I was attending many years ago... but that's another story). I don't think that the OP did anything wrong, my only thought is that this is a good lesson on knowing when it's time to leave a party.

Hope everyone had a good weekend, all the same!

[saintsfanbrian]

I leave when the cops are called the first time if I haven't left prior to that. Personally, I don't go to parties anymore. A small gathering of close friends is much better than a large obnoxious drunk fest.

[Mike.357]

Personally, I don't go to parties anymore. A small gathering of close friends is much better than a large obnoxious drunk fest.

I agree whole heartedly with this statement. Nothing good can come out of a large party in a residential area. My only exception would be a party at a large secluded piece of private property.

The OP's post also makes me wonder about how the law here in Ktown is used and the knowledge of the local cops. I assume that BT and his pals were celebrating UT's OT win Saturday night. I also guess that the OP was somewhere in the Fort. But really the location is not important as the Fort is not part of campus. UT as well as all SEC schools have a "dry campus". But have you ever been there on gameday? The campus rule of dryness is a joke on those days. The law says one thing but another thing openly goes on. Walk around campus in tailgate areas and there is no end to alcohol being consumed. Most of the time people are discrete but not nearly always. Cops walk around and there is NO enforcement of this. Abotu the closest thing to enforcement is them telling an undiscrete drinker to use a cup. I have no problem with this situation other than I wonder how many designated drivers there are. No doubt there are many impaired drivers leaving that place after the game. I for one would like to see UT enforce the dry campus rule. But we all know that is never going to happen. It is all about money, the bottom line is always about money.

I do not know what point I am making here but I would like to know about selected enforcement of laws. And also about cops who do not know laws they attempt to enforce but make them up on the spot.

[Guest GlocKingTN]

In my opinion, they do it to get what they want. I have to do it daily, just so the inmates at the prison where I work will comply with my orders. Its pretty much a lie, but it works most of the time.

[jgrauman]

I agree whole heartedly with this statement. Nothing good can come out of a large party in a residential area. My only exception would be a party at a large secluded piece of private property.

The OP's post also makes me wonder about how the law here in Ktown is used and the knowledge of the local cops. I assume that BT and his pals were celebrating UT's OT win Saturday night. I also guess that the OP was somewhere in the Fort. But really the location is not important as the Fort is not part of campus. UT as well as all SEC schools have a "dry campus". But have you ever been there on gameday? The campus rule of dryness is a joke on those days. The law says one thing but another thing openly goes on. Walk around campus in tailgate areas and there is no end to alcohol being consumed. Most of the time people are discrete but not nearly always. Cops walk around and there is NO enforcement of this. Abotu the closest thing to enforcement is them telling an undiscrete drinker to use a cup. I have no problem with this situation other than I wonder how many designated drivers there are. No doubt there are many impaired drivers leaving that place after the game. I for one would like to see UT enforce the dry campus rule. But we all know that is never going to happen. It is all about money, the bottom line is always about money.

I do not know what point I am making here but I would like to know about selected enforcement of laws. And also about cops who do not know laws they attempt to enforce but make them up on the spot.

not sure about this at UT, but when i attended ETSU our campus was dry. I was there for the last two years of football and they instituted a break in the dry campus rule for a section of the dome parking lot. the lot enterances were tapped off and you could just drive in and drink. we brought a keg to one of them. there were no cops asking for ids, or any cops for that matter, any thing that went on inside the tape was pretty much un monitored. maybe UT has something in their by laws about dry campus on game day?

[bteague2]

I agree whole heartedly with this statement. Nothing good can come out of a large party in a residential area. My only exception would be a party at a large secluded piece of private property.

The OP's post also makes me wonder about how the law here in Ktown is used and the knowledge of the local cops. I assume that BT and his pals were celebrating UT's OT win Saturday night. I also guess that the OP was somewhere in the Fort. But really the location is not important as the Fort is not part of campus. UT as well as all SEC schools have a "dry campus". But have you ever been there on gameday? The campus rule of dryness is a joke on those days. The law says one thing but another thing openly goes on. Walk around campus in tailgate areas and there is no end to alcohol being consumed. Most of the time people are discrete but not nearly always. Cops walk around and there is NO enforcement of this. Abotu the closest thing to enforcement is them telling an undiscrete drinker to use a cup. I have no problem with this situation other than I wonder how many designated drivers there are. No doubt there are many impaired drivers leaving that place after the game. I for one would like to see UT enforce the dry campus rule. But we all know that is never going to happen. It is all about money, the bottom line is always about money.

I do not know what point I am making here but I would like to know about selected enforcement of laws. And also about cops who do not know laws they attempt to enforce but make them up on the spot.

It was Friday night, for a halloween party. I live in South Knoxville, across the river in a "collegiate" apartment complex. If it was a noise issue, why did they cop say "whether or not you are 21" to me that makes it a alcohol issue and not noise.

I leave when the cops are called the first time if I haven't left prior to that. Personally, I don't go to parties anymore. A small gathering of close friends is much better than a large obnoxious drunk fest.

I left as soon as the cops left.

[Guest shadow12]

I would guess that the charge was going to be public intoxication. If you are drunk and outside, keep it quiet. If the police are called to the same place a couple of times because of loud drunks outside, then they are guilty of public intoxication. It doesn't matter if you are on private property or not.

[Guest Boomhower]

PI is a PITA. As it usually goes, there are so many laws out there that any LEO can stamp you with one of them if he/she so desires. But I'm not saying that any of this goes on anywhere that I'm aware of.

[DaveTN]

The cop said if they had to come back they were arresting everyone that was outside regardless of whether or not they were 21. I asked if he could do that as we are on private property.

Sure he can arrest you on private property. Most cops don’t make statements like that unless they are prepared to back them up. It was your warning.

And as a secondary question, if the fact that you are on private property is voided by living in city limits how would that apply to checking the mail, or slipping outside to investigate a noise or something in your PJs or night attire of choice without your HCP?

It is my understanding that if you are on your own property; you don't need a HCP.

[dariks]

It is my understanding that if you are on your own property; you don't need a HCP.

But what if you aren't on your own property. What if you are at a buddies house or a relatives house? I'll have to look that up when I get home tomorrow.

[jgrauman]

But what if you aren't on your own property. What if you are at a buddies house or a relatives house? I'll have to look that up when I get home tomorrow.

then you have to have your HCP. you can't carry off your property without it.

[Guest 270win]

Yes the police can probably get you for public intoxication. They don't have to do a breathalyzer or any of that stuff. It then becomes your word against theirs if you decide to go to court instead of paying the fine. I have no idea if Tennessee has a law against drinking in public or public drinking and if the state does, then what the definitions of public drinking are (if that means outside a building on land, or just on the public street or sidewalk).

As a side note, not all SEC schools are 'dry' campuses. University of Arkansas is definitely not a dry campus because 21yr olds can have alcohol in the dorms or fraternity houses that are on campus. There is an on campus restaurant/hotel that serves alcohol, but it is high end and most students couldn't afford it.

[Mike.357]

not all SEC schools are 'dry' campuses.

I thought it was all of them, I must have confused that with something else the SEC controls. UT is definitely dry except on gameday. I think it is a joke. Funny how there are liquor distributors delivering to Neyland the days before a home game. It seems that sky boxes are considered private property and the dry thing does not count in those. Since they banned smoking inside the gates I wonder if skyboxes are exempt from that too.

And of course I have done my fair shair of keeping things wet on gameday too.

[bteague2]

Before freshmen year at orientation, somebody asked our orientation leader about it being a dry campus. They said it is supposed to be dry, but in reality it's more "moist".

[gunsablazin]

I gave up drinking to support my shooting habit, one of the best things I ever did for myself! After a long day of shooting I can remember how much fun I had.

Robin