In re David W. - 116 Cal. App. 3d 689, 172 Cal. Rptr. 266 (1981)

Rule:

The purposes of Cal. Penal Code § 647(f), are to protect the offender himself from the results of his own folly and to protect the general public from the dangers and evils attendant upon the presence of intoxicated persons on the streets and highways and in other public places.

Facts:

Police officers responded to a call that appellant juvenile was possibly under the influence of a drug and was creating a disturbance in his home. Upon arrival the officers opined that the juvenile was under the influence of a drug and, at his mother's request, took him to a hospital. A doctor, in the course of treatment, removed the juvenile’s boots and a packet of a controlled substance fell to the floor. The juvenile was arrested for possession of a dangerous drug, but the petition only charged him with violating Cal. Penal Code § 647(f), disorderly conduct. The juvenile sought review of the trial court's judgment and finding that he had violated § 647(f). 

Issue:

Did the trial court err in finding that the petition alleging that the juvenile violated Cal. Penal Code § 647(f) was true?

Answer:

Yes.

Conclusion:

The court reversed as to the petition, but did not reverse the judgment, as the disposition order was based in part on a finding on a more serious unrelated petition which the juvenile did not contest. Section 647(f) provided that a person was guilty of disorderly conduct when found in a public place under the influence of any drug in such a condition that he was unable to exercise care. The juvenile could not be justifiably prosecuted for a crime he did not voluntarily commit as he was compelled to go to a public place by the officers.