for having an open alcohol container, if he had a CLOSED half drank bottle of vodka in his bag when a cop searched him?
2007-01-29 16:49:17 · 6 answers · asked by mattic 2 in Politics & Government ➔ Law Enforcement & Police
i forgot 2 add he is underage and there was no car involved
2007-01-30 17:56:04 · update #1
Yep. Once the bottle is opened it is always considered an open container. It doesn't matter if it was physically open or capped, it is still legally open.
2007-01-29 17:36:37 · answer #1 · answered by James P 4 · 0⤊ 0⤋
The question here is " did he give permission to search the bag?, and was the bag inside the car or outside the car when it was searched?, and what State are you in/.Some States have a law of " open container " and then some read " broken seal ". Open container in the legal sense means " open and within reach and ready to consume. Broken seal means," the seal has been broken and the beverage is ready to be, or has been consumed.
You need to look up your Fourth Amendment and go to " Warrantless Searches and Seizures. I believe you will find that, IF, he recieved a summons, a second year law student could get that one dismissed. Hope that Helps
2007-01-29 17:05:57 · answer #2 · answered by Chuck-the-Duck 3 · 0⤊ 0⤋
Yeah, if the seal on a bottle has been broken it's automatically an open container.
2007-01-29 16:58:02 · answer #3 · answered by columind99 6 · 1⤊ 0⤋
If it had ever been opened, then it is an "open container", even if the cap was on it.
2007-01-29 16:54:30 · answer #4 · answered by Citicop 7 · 2⤊ 0⤋
yes...always keep hooch in the trunk. Your friend was just asking for trouble.
2007-01-29 18:18:08 · answer #5 · answered by Anonymous · 0⤊ 0⤋
yes as long as there was consent to the search
2007-01-29 17:09:59 · answer #6 · answered by singledad 7 · 0⤊ 0⤋