People v. Krohn

In People v. Krohn (2007) 149 Cal.App.4th 1294, the officer saw the defendant carrying a bag of trash and a beer can down an external flight of stairs connecting a second-story breezeway to the ground floor courtyard. The officer detained him on suspicion he was illegally drinking alcohol in a public place. (Id. at p. 1296.) The two-story apartment complex was surrounded by a tall, imposing metal fence with spikes on top and automatically locking gates. The gates were often propped open. The court explained: "The fences and gates certainly 'challenge' the public's access to the courtyard. This is true even if the front gate is periodically propped open. The courtyard is not readily accessible to the public." (Id. at p. 1299.)