>For example, You cannot arrest someone for being drunk and having their car keys in their pocket, or even being asleep in the car while drunk.
An aside, but this is not true.
"According to Alabama state law, Hand was deemed to be in “constructive possession” of the vehicle, and although he wasn’t driving and the vehicle was parked, the keys being in the car was the determinant that triggered the arrest.""
from the article.
"Hand was parked in a near-campus parking lot, sitting in the driver’s seat with the headlights on and the vehicle cranked, but was asleep with the car in park."
"The vehicle cranked" is the key there.. he is shown to be operating the vehicle while under the influence.. If he was asleep in the car without it being on, I doubt they would have a case.
That was just the first one that came up. Critically, it's however the authorities (and it seems to depend on the state) define "operating" the vehicle.
But more to my point, you can still be arrested for DUI while not literally driving/sleeping in the backseat. Given the number of law firm search results that pop up, I'm guessing it's often a way people fight DUIs. So maybe these don't stick.
ok ok, perhaps this was a bad example of being in a situation which is legal but illegal adjacent, because it seems in some cases it is illegal to sleep in your car while drunk, or even being near your car while drunk. but the crux of my argument remains valid. in those cases you've broken the law (past tense) because in this case those scenarios are considered a breach of the law.
My point remains that the role of government is to pass laws, and the role of law enforcement is to enforce those laws by capturing people who break the law. NOT to arrest people who "might" break the law, because that group contains everyone.
>can't arrest someone for being drunk and having their car keys in their pocket
yes you can, at least in Florida. i had to recently take a driving class to avoid points on my license, and one of the points the instructor really impressed on that class was that IF you're in the parking lot in your car, (asleep or awake, doesn't matter) AND a police officer stops you AND gives you a sobriety test AND your BAC is over the limit, you're getting cited for sure.
be responsible and get an uber or a lyft or a taxi or any of the other options available to you.
An aside, but this is not true.
"According to Alabama state law, Hand was deemed to be in “constructive possession” of the vehicle, and although he wasn’t driving and the vehicle was parked, the keys being in the car was the determinant that triggered the arrest.""
https://www.tidesports.com/dashawn-hand-sleeping-car-not-dri...