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You gotta fight!.....For your right!...........

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You gotta fight!.....For your right!...........

Postby RugbyD » Mon Jul 11, 2005 6:30 pm

.......to paaaaarrrrtttaaaaaayyyyy!!!!!

I'll have to side with Mr. Laverriere on this one. Cops hate cameras, except when its on their show and edited and all.

http://www.reflector.com/featr/content/ ... Drunk.html

Man Sues Mass. for Right to Get Drunk
BOSTON — A man arrested when police showed up to break up a New Year's Eve party at a friend's house has filed a lawsuit, arguing he had a constitutional right to get drunk on private property as long as he didn't cause a public disturbance.

Eric Laverriere, 25, of Portland, Maine, was taken into protective custody by Waltham police and locked in a cell for nine hours until the effects of the alcohol wore off.

Legal experts said his lawsuit, filed this week in U.S. District Court in Boston, is the first to challenge a state law allowing police to lock up drunk people against their will for their own protection.

Laverriere argues that the Massachusetts Protective Custody Law was written to combat public drunkenness and that the police had no right to use it to take him from a private residence. He also says he had planned to spend the night at his friend's and wasn't going to be driving anywhere.

"One thing people should be able to do is drink in their own house," Laverriere told The Boston Globe. "That's the beauty of the land of the free."

Waltham Deputy Police Chief Paul Juliano declined to comment on the suit on the advice of the city's legal department.

Several lawyers said they believe police have the authority to take inebriated people into custody, but they said it was the first time the law has been challenged on the grounds that one has a constitutional right to get drunk on private property.

The Protective Custody Law, enacted in 1971, replaced a Colonial-era law that made public drunkenness a crime. It authorizes police to hold people against their will for up to 12 hours if they are drunk and a danger to themselves or others.

Attorney Leonard Kesten, who has defended police departments in civil-rights cases, said if officers are investigating a crime or responding to an incident and discover that someone is drunk and posing a danger, they are obligated to take that person into protective custody.

Police have been sued for failing to take people into protective custody who later died from alcohol poisoning or killed others in drunken-driving accidents.

Laverriere said that he drank several beers, but wasn't drunk, when officers arrived at his friend's duplex saying someone had thrown bottles at a passing police cruiser.

When the partygoers denied throwing bottles, Laverriere said, the officers became angry, prompting him to pick up a friend's camera and start videotaping. Laverriere told the Globe that Officer Jorge Orta ripped the camera from his hands and threw him to the floor, injuring his shoulder.

Laverriere said he told police he had been invited to spend the night at the house, but the officers insisted on taking him into protective custody.

One police report says that Laverriere appeared intoxicated and expressed "displeasure" at being told he had to leave the party. He was then taken into custody. The report says he fell to the floor while resisting Orta's efforts to handcuff him.

:-t :-t :-t :-t :-t :-t
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Postby acsguitar » Mon Jul 11, 2005 6:49 pm

Oink Oink sue em!
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Postby blankman » Mon Jul 11, 2005 6:50 pm

If he threw the bottle or caused a disturbance this is right, but I certainly don't like the idea of being arrested at my own house for being drunk. Since when is drunkness at one's house against the law? If that were the case, why is alcohol legal in the first place? :-?

I'm with the guy, not the police on this one, but I sense that this isn't the whole story. They kind of dance around what the guy actually did wrong.
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Postby StlSluggers » Mon Jul 11, 2005 7:05 pm

I'm usually of the opinion that there might be more to a story, but being drunk is your home is pretty simple. I think these cops were just stewed about something, and this guy got the brunt of it.

Fry 'em, I say! Err... Umm... Well, frying is what you do with bacon, right?

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Postby kentx12 » Mon Jul 11, 2005 7:52 pm

I hope this will get to the court and something can be done about it. If he was not causing a problem they had no right to take him imo.
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Postby Big Pimpin » Mon Jul 11, 2005 8:44 pm

I think probably the cops were pissed, and then he made matters worse by filming them. I don't think they probably liked that at all...

If there really isn't anything else to the story (like he was the one throwing bottles, for instance), I hope this fool wins...
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Postby Lofunzo » Mon Jul 11, 2005 8:54 pm

I have been really drunk in my day but never enough to pick a cop car to toss bottles at. :-B
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Postby Madison » Mon Jul 11, 2005 9:59 pm

The way I read that, he wasn't at home, he was at a friend's house where there was a party. Not unusual at all for drunk people at a party to be arrested, so what's the big deal here? :-?

when officers arrived at his friend's duplex


the partygoers denied throwing bottles


I really must be reading this wrong. :-?
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Postby Lofunzo » Mon Jul 11, 2005 10:03 pm

Madison wrote:The way I read that, he wasn't at home, he was at a friend's house where there was a party. Not unusual at all for drunk people at a party to be arrested, so what's the big deal here? :-?

when officers arrived at his friend's duplex


the partygoers denied throwing bottles


I really must be reading this wrong. :-?


Without causing a disturbance?? I would be mighty pissed if I was quietly intoxicated in my yard and I was arrested by the police. No driving and no noise. I don't see a problem.
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Postby Madison » Mon Jul 11, 2005 10:12 pm

Lofunzo wrote:
Madison wrote:The way I read that, he wasn't at home, he was at a friend's house where there was a party. Not unusual at all for drunk people at a party to be arrested, so what's the big deal here? :-?

when officers arrived at his friend's duplex


the partygoers denied throwing bottles


I really must be reading this wrong. :-?


Without causing a disturbance?? I would be mighty pissed if I was quietly intoxicated in my yard and I was arrested by the police. No driving and no noise. I don't see a problem.


He wasn't in his yard though. :-? He was at a friend's duplex and someone at the party threw a beer bottle at a police car.

If it read that he was sitting all alone at home watching TV while drunk and the cops arrested him for that, then I'd see what the big deal is. In this case, he's drunk at a party at a friend's house and there was a disturbance involving the police. It's not unusual or odd at all that he got arrested in that spot. Happens all the time.

Then again, like I said, maybe I'm not reading this right. Took my kiddo to 6 Flags all day and I'm completely exhausted. X-I
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