His movie Gangster Squad opens Friday, but Josh Brolin ismaking news after an Associated Press report that he spent part of NewYear's Day and the day after in a Santa Monica, Calif., jail formisdemeanor public intoxication.

Brolin was arrested Jan. 1, whenofficers found him heavily intoxicated on a Santa Monica sidewalk, APreports. He was released after about six hours when he had sobered up,the wire service said.

Santa Monica Police Lt. Darrell Lowe toldAP the actor was not given a citation, which means he probably won'thave to appear in court.

His wife, Diane Lane, was at the Palm Springs International Film FestivalSaturday, where she presented the Chairman's Award to Richard Gere forhis film work and humanitarian efforts. Lane and Gere starred togetherin Unfaithful and The Cotton Club.

Brolin has had run-ins with the law before. In July 2008, he and actor Jeffrey Wright were at the wrap party for the movie a bar in Shreveport, La., when they were arrested and accused ofinterfering with police as authorities tried to arrest another personfor causing a disturbance.