# Is this legal? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [March 28, 2013, 6:29am UTC](https://boards.straightdope.com/t/is-this-legal/654160 "2013-03-28T06:29:34Z")\ **Posts on this page:** 20\ **Page:** 5
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [April 1, 2013, 2:39am UTC](https://boards.straightdope.com/t/is-this-legal/654160/81 "2013-04-01T02:39:39Z")
> [@snailboy](#): > > In a free country, it’s a fundamental right to do whatever you please especially on your own property as long as it doesn’t harm anyone. Cite, please. > [@](#): > > That’s the whole concept of freedom. The idea that someone who owns a large amount of land could get a DWI for driving their truck or riding a four-wheeler around and drinking is absolutely baffling. However, we’re getting away from the topic, whether it’s actually serious or not. Yes, you’re well advised to change the subject. ---
**Author:** ![snailboy](https://avatars.discourse-cdn.com/v4/letter/s/97f17d/32.png) [@snailboy](https://boards.straightdope.com/u/snailboy)\ **Post date:** [April 1, 2013, 2:45am UTC](https://boards.straightdope.com/t/is-this-legal/654160/82 "2013-04-01T02:45:57Z")
> [@Acsenray](#): > > Cite, please. > **[Dictionary.com | Meanings & Definitions of English Words](https://www.dictionary.com/browse/liberty?s=t)** > > The world's leading online dictionary: English definitions, synonyms, word origins, example sentences, word games, and more. A trusted authority for 25+ years! ---
**Author:** ![Declan](https://avatars.discourse-cdn.com/v4/letter/d/ecae2f/32.png) [@Declan](https://boards.straightdope.com/u/Declan)\ **Post date:** [April 1, 2013, 2:59am UTC](https://boards.straightdope.com/t/is-this-legal/654160/83 "2013-04-01T02:59:41Z")
Cant give you any advice on getting off the charge or charges, but if this was me, then war would have been declared. Find out who the snitches were, and report them to the IRS and INS. Shit like this should not be rewarded , it should have a cost attached to it. Declan ---
**Author:** ![that\_darn\_cat](https://avatars.discourse-cdn.com/v4/letter/t/59ef9b/32.png) [@that\_darn\_cat](https://boards.straightdope.com/u/that_darn_cat)\ **Post date:** [April 1, 2013, 4:45am UTC](https://boards.straightdope.com/t/is-this-legal/654160/84 "2013-04-01T04:45:13Z")
> [@Guinastasia](#): > > I’m guessing it imagines on what the prescription is. If that were the case, then people on prescription pain killers like Vicodin and Percodan could get away with driving. Xanax can cause drowsiness, dizziness, it can mess up your coordination, etc. It’s definitely not something you should take if you plan on driving. I’ve had presciptions for vicodin and xanax; vicodin is way more debiltating than xanax, YMMV. ---
**Author:** ![Ambivalid](https://avatars.discourse-cdn.com/v4/letter/a/a5b964/32.png) [@Ambivalid](https://boards.straightdope.com/u/Ambivalid)\ **Post date:** [April 1, 2013, 5:19am UTC](https://boards.straightdope.com/t/is-this-legal/654160/85 "2013-04-01T05:19:22Z")
> [@that\_darn\_cat](#): > > I’ve had presciptions for vicodin and xanax; vicodin is way more debiltating than xanax, YMMV. YMMV indeed. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [April 1, 2013, 12:14pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/86 "2013-04-01T12:14:19Z")
> [@snailboy](#): > > Clearly not. Fortunately in Texas, it has to be in a public place. I imagine there’d be an uproar if the government violated people’s basic rights in such a manner. But in Texas a public place includes private property that can be accessible to others. So in practice it’s not much different than other states. > [@Declan](#): > > Cant give you any advice on getting off the charge or charges, but if this was me, then war would have been declared. Find out who the snitches were, and report them to the IRS and INS. > > Shit like this should not be rewarded , it should have a cost attached to it. > > Declan Yes, snitches get snitches is much more important than keeping dangerous intoxicated drivers off the road. ---
**Author:** ![Scribble](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/scribble/32/3317_2.png) [@Scribble](https://boards.straightdope.com/u/Scribble)\ **Post date:** [April 1, 2013, 12:17pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/87 "2013-04-01T12:17:08Z")
> [@Earl\_Snake-Hips\_Tucker](#): > > 5)Use paragraphs Uh, yeah. Please. I’d love to tell you whether or not what you did was legal, but I can’t hack my way through the wall of text to find out, myself. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [April 1, 2013, 3:53pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/88 "2013-04-01T15:53:39Z")
> [@Loach](#): > > But in Texas a public place includes private property that can be accessible to others. So in practice it’s not much different than other states. Well, in Texas you can be arrested for operating a merry-go-round when you’re drunk. But that’s legal here in New York. FREEDOM! ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [April 1, 2013, 4:06pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/89 "2013-04-01T16:06:32Z")
> [@snailboy](#): > > [LIBERTY Definition & Meaning | Dictionary.com](http://dictionary.reference.com/browse/liberty?s=t) That dictionary definition doesn’t support your claim. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [April 1, 2013, 4:23pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/90 "2013-04-01T16:23:47Z")
> [@Loach](#): > > Reaching home base is not a defense. Especially if the can you kick is a beer can. ---
**Author:** ![TommyTutone](https://avatars.discourse-cdn.com/v4/letter/t/c4cdca/32.png) [@TommyTutone](https://boards.straightdope.com/u/TommyTutone)\ **Post date:** [April 1, 2013, 5:42pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/91 "2013-04-01T17:42:39Z")
> [@lieu](#): > > When you know the cops are looking at you, instead of going inside your own home you sit in your car and drink beer? > > WHY??? He told you why in his post - Florida ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [April 1, 2013, 6:04pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/92 "2013-04-01T18:04:50Z")
> [@ogional](#): > > I asked him to read me my Miranda rights and he said hold on your only in custody right now. In line with Pennsylvania v. Bruder, post Mcarty; Held: Bruder was not entitled to a recitation of his constitutional rights prior to arrest, and his roadside responses to questioning were admissible. The rule of Berkemer v. McCarty, 468 U. S. 420 – that ordinary traffic stops do not involve custody for the purposes of Miranda – governs this case. Although unquestionably a seizure, this stop had the same noncoercive aspects as the Berkemer detention: a single police officer asking Bruder a modest number of questions and requesting him to perform simple tests in a location visible to passing motorists. Unless FL requires them, Bruder controls. > [@](#): > > He didn’t read me my miranda rights until 11:56 am. Miranda rights include asking for Blood breathalyzer or Urine Test. Such tests are NON testimonial in nature, and police have a right to take them once arrested for DUI. > [@](#): > > Cops can’t pull you over based on a tip or anonymous tip it is not probable cause. An anonymous tip “may” provide the basis for an investigative detention, more commonly known as a Terry stop., see Florida v. J.L. ---
**Author:** ![mlees](https://avatars.discourse-cdn.com/v4/letter/m/ba8739/32.png) [@mlees](https://boards.straightdope.com/u/mlees)\ **Post date:** [April 1, 2013, 7:29pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/93 "2013-04-01T19:29:18Z")
> [@lawbuff](#): > > An anonymous tip “may” provide the basis for an investigative detention, more commonly known as a Terry stop., see Florida v. J.L. “J.L.”… The Justice League!? ---
**Author:** ![snailboy](https://avatars.discourse-cdn.com/v4/letter/s/97f17d/32.png) [@snailboy](https://boards.straightdope.com/u/snailboy)\ **Post date:** [April 1, 2013, 9:23pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/94 "2013-04-01T21:23:39Z")
> [@Acsenray](#): > > That dictionary definition doesn’t support your claim. Not word for word but it does say free of arbitrary control. Few would argue that the government telling you you can’t do things on your own property that don’t hurt anyone or the public good doesn’t constitute arbitrary control. Also, if you look at the philosophical definition of crime, it refers to actions that harm other people or the public good. When the government starts criminalizing things that aren’t actually crimes… ---
**Author:** ![Ferret\_Herder](https://avatars.discourse-cdn.com/v4/letter/f/e47774/32.png) [@Ferret\_Herder](https://boards.straightdope.com/u/Ferret_Herder)\ **Post date:** [April 1, 2013, 9:26pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/95 "2013-04-01T21:26:30Z")
What, you mean like rushing home after you’ve been mixing Xanax and alcohol to slug down more beer in your driveway just because fuck cops, and not at all to attempt to fool a breathalyzer? Yeah, that totally is just asserting your rights and can’t affect anyone else! ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [April 1, 2013, 9:50pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/96 "2013-04-01T21:50:37Z")
> [@mlees](#): > > “J.L.”… > > The Justice League!? No, unnamed juvenile’s initials, J.L. The supreme court does that, as in New Jersey v. TLO. ---
**Author:** ![Drunky\_Smurf](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drunky_smurf/32/449_2.png) [@Drunky\_Smurf](https://boards.straightdope.com/u/Drunky_Smurf)\ **Post date:** [April 1, 2013, 10:19pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/97 "2013-04-01T22:19:34Z")
> [@Scribble](#): > > Uh, yeah. Please. > > I’d love to tell you whether or not what you did was legal, but I can’t hack my way through the wall of text to find out, myself. You should slap your momma for not teaching you how to read. > [@lawbuff](#): > > No, unnamed juvenile’s initials, J.L. > > The supreme court does that, as in New Jersey v. TLO. Someone actually named their kid Justice League? That is awesome. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 1, 2013, 11:49pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/98 "2013-04-01T23:49:50Z")
> [@snailboy](#): > > Not word for word but it does say free of arbitrary control. Few would argue that the government telling you you can’t do things on your own property that don’t hurt anyone or the public good doesn’t constitute arbitrary control. So it’s a constitutional violation to prohibit the ingestion of heroin in your own home? ---
**Author:** ![Lemur866](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lemur866/32/434_2.png) [@Lemur866](https://boards.straightdope.com/u/Lemur866)\ **Post date:** [April 2, 2013, 12:00am UTC](https://boards.straightdope.com/t/is-this-legal/654160/99 "2013-04-02T00:00:55Z")
> [@Really\_Not\_All\_That\_Bright](#): > > I didn’t say they had anything to do with arrest. I said they do not have to be read _until_ you are arrested, since any pre-arrest questioning is unlikely to be custodial in nature. No, you don’t have to be read your rights even after you’re arrested. You can be arrested and stuffed into a police car and taken to jail and charged and go to trial and get convicted and sentenced and end up in the big house, all without once getting read your Miranda rights. What the cops won’t do is _question_ you before they read you your Miranda rights. If they don’t need to question you to establish a case against you, they don’t ever have to read you your rights. And ordering you to pee in a cup isn’t questioning you. Neither is chit-chatting with you before they arrest you. It is a widely believed myth that the cops have to read you your rights after they arrest you, but that is, in fact, a myth. ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [April 2, 2013, 12:04am UTC](https://boards.straightdope.com/t/is-this-legal/654160/100 "2013-04-02T00:04:06Z")
> [@Really\_Not\_All\_That\_Bright](#): > > So it’s a constitutional violation to prohibit the ingestion of heroin in your own home? In his defense he did say “in a free country it’s a fundamental right”, you can believe something to be a fundamental right in a free country but it not be viewed as a _constitutional_ violation to inhibit that right. Quick and dirty example would be, in the 1960s you might feel in a free country it’s a fundamental right for all adults to vote, and it’s a constitutional violation for any government to try and hinder voting rights–but up until legislation and some supporting court cases governments were routinely able to put up all kinds of barriers to voting. That doesn’t mean necessarily that voting **isn’t** a fundamental right, it just meant that in that place and time it wasn’t protected as such. And is it actually illegal to ingest heroin in your own home? I thought it was normally illegal to transport, sell, or possess heroin–is it illegal to use it? If the police search my house and find no heroin, but have proof that I’ve “used it”, is that a crime in and of itself without the transport/sell/possession aspect? (I’m just curious on that, I genuinely don’t know the answer.) [Previous page](https://boards.straightdope.com/t/is-this-legal/654160.md?page=4) [Next page](https://boards.straightdope.com/t/is-this-legal/654160.md?page=6)