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In this case, it is the police who ultimately made the decision not to take him into custody. At that level of intoxication he's clearly unable to safely care for himself, and could have been (and likely should have been) arrested under PC 647f for being in public while unable to exercise care for his own safety or the safety of other due to excessive intoxication. The attempts to combat jail overcrowding, excessive incarceration, and spread of coronavirus are not to blame for officers here making a bad call.

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