California, United States of America
The following excerpt is from Reinert v. Superior Court, 2 Cal.App.3d 36, 82 Cal.Rptr. 263 (Cal. App. 1969):
The petitioner was initially arrested without a warrant for a violation of section 647 subsection (f) of the Penal Code. That section provides in pertinent part: 'Every person who commits any of the following acts shall be guilty of disorderly conduct, a misdemeanor: * * * (f) who is found in any public place under the influence of * * * any drug, * * *.' At the time of the arrest the petitioner was in bed in his apartment and not in a public place. Therefore the arrest for a violation of section 647 subsection (f) was unlawful (see People v. DeYoung, 228 Cal.App.2d 331, 337, 39 Cal.Rptr. 487). Accordingly, the search of the premises here involved cannot be justified by the initial arrest for a violation of section 647 subsection (f).
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