A California court of appeal recently ruled that the yard of a house is not a public place if it is fenced and access to the public is limited.

The decision was prompted when a man was arrested for carrying a loaded firearm in a “public place”. Where was this public place? In the fenced front yard of his house. Officers spotted the handle of the gun protruding from the back pocket of the defendant when they were making a routine patrol of the neighborhood. In order to arrest the defendant, the officers had to go through a gate to enter into the front yard and then walk into the defendant’s house. The officer’s justified the arrest as a matter of public safety in a public place.

The California court of appeals overturned the subsequent conviction ruling that the fenced in yard was not a public place. The court did note that privately owned property can constitute a public place, but only if it was readily accessible to the public. The court went on to hold that the presence of a fence, a gate, or dogs is usually enough to make the property private. Thus, since the defendant was not in a public place, there would be no reasonable suspicion for the officer to investigate the carrying of a loaded firearm in a public place.

If you or a loved one has been accused of a public place crime, it is important that you hire an experienced criminal defense firm to represent you in court. The attorneys at Wallin & Klarich have over 30 years of experience in dealing with public intoxication charges, carrying a weapon in public charges, and disorderly conduct charges. Our Los Angeles criminal defense attorneys are very familiar with the elements that constitute a “public place” and are prepared to aggressively defend the charges against you. Our attorneys can be contacted by phone at 1 -888-749-0034 or through our website at www.wklaw.com.