People v. Olson

In People v. Olson (1971) 18 Cal. App. 3d 592, the defendant came to Mrs. Voisan's home, looking for an individual who did not live there. (Id. at p. 594.) Although the defendant was a stranger, Mrs. Voisan invited her inside to use the telephone to call a friend because she appeared to be drunk. (Ibid.) When the defendant fell asleep at the kitchen table, Mrs. Voisan called the police for assistance in removing the defendant from the house. (Id. at pp. 594-595.) The police roused Olson and asked her to step out of the house with them. (Id. at p. 595.) Once outside, they talked to and observed her, and formed the opinion that she was intoxicated and unable to care for herself. (Ibid.) In affirming the trial court, the Court of Appeal explained that although Mrs. Voisan initially gave permission for Olson to come inside, she withdrew her consent when Olson fell asleep in the kitchen. (Olson, supra, 18 Cal. App. 3d at p. 597.) The officers acted properly in assisting Mrs. Voisan by removing Olson from her property. (Ibid.; 602.5 unlawful to remain in any residential place without the consent of the owner.) Based on their observations outside of the house in a public place, the officers had reasonable cause to arrest Olson for being intoxicated and unable to exercise care for herself. (Olson at pp. 597-598.)