Keeping it legal.

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Scorpion Regent

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When we are not traveling, I assume some of us consume alcohol.  Transporting a open container of alcohol is a crime.  For lots of reasons a person might have bottle of something and want to make it last, a bottle of very old scotch perhaps.  Any alcohol (open or sealed) locked away in a place inaccessible to the driver, such as a foot locker is one way to avoid trouble with LEO's.  What works for you?
 
I keep beer in the fridge and the hard stuff in a cabinet in the back of the van. When I park, I don't keep my ignition key on me so cannot be had for intent to drive under the influence.
 
I don't worry about it very much. Beer goes in the fridge...........I'm not really much of a drinker of anything else. Wife may have a little wine somewhere but it's not something I really worry about.
 
I keep mine in the trailer perfectly legal there. I believe in most states it's legal if you are in a RV to have open containers. So this is all kinda dependent on what type of vehicle we are talking about. Highdesertranger
 
Open container laws are typically state by state, not federal.
The first link below defines open container or consumption of alcohol within motor vehicles by state;
This link is current as of 6/9/2021 and addresses anything that is a "Motor Vehicle", meaning it has a motor and can transport a person. That includes RV's, Vans, golf carts and even lawn mowers but not trailers.
If your on a keyboard use "ctrl F" to search the doccument for a given state.

https://www.ncsl.org/research/finan.../open-container-and-consumption-statutes.aspx

I enjoy a glass of adult beverage on occasion and carry an opened bottle out of sight in a cabinet but not hidden.
As long as I'm sober when I'm sitting in the drivers seat I'm problem free.
Suffice to say, if any authority wants to look inside any vehicle bad enough they can find something to make your life less happy. But that's a very rare thing nowadays. Best line to remember is "Am I free to go officer", spoken calmly and with a smile. Repeat until your given an answer.
 
Matlock said:
Suffice to say, if any authority wants to look inside any vehicle bad enough they can find something to make your life less happy. But that's a very rare thing nowadays. Best line to remember is "Am I free to go officer", spoken calmly and with a smile. Repeat until your given an answer.

If you're white.
 
Another concern would be cannabis, since it is legal for medical or recreational use in 39 states now.
I am only an occasional user, but I make an effort to keep it packed away deep in the van.
I also don't cross state lines with it, and do not drive under the influence.
It's also important to recognize that cannabis is still schedule 1 under federal law.
So really don't go into federally controlled places like government facilities. And avoid schools and such that have 'drug free zone' postings.
I'd also avoid having papers or lighters anywhere near the drivers area.
When I was on tour in a band years ago, we had a flat tire in the midwest someplace.
Police stopped to ask if we needed help.
All 4 of us had the tire change handled fine so we waved them on.
LEO spotted rolling papers and a lighter on the dash and asked if they were for drugs.
I explained they were for rolling tobacco. We had a can of Drum tobacco that we shared among the band members.
Filthy habit. Glad I quit.
Cop wasn't hearing it. Had us pull everything out of the van. Searched all our guitar cases, luggage and INSIDE the speaker cabinets.
Did I mention it was raining?
So yeah, keep that stuff out of sight. Even if you are just a tobacco addict. Probable cause has a lot of latitude.
 
Calaverasgrande said:
LEO spotted rolling papers and a lighter on the dash and asked if they were for drugs.

Years ago I had a similar experience when I was stopped and given the 3rd. degree by an LEO that insisted that the "T" adapter for my oil pressure gauge must be a crack pipe. I hadn't installed it yet and it was sitting on the doghouse (pic shows unassembled pieces):


T.jpg
 

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slow2day said:
Years ago I had a similar experience when I was stopped and given the 3rd. degree by an LEO that insisted that the "T" adapter for my oil pressure gauge must be a crack pipe. I hadn't installed it yet and it was sitting on the doghouse (pic shows unassembled pieces):
Just because it can be used as one doesn't mean it is.  If there is residue of drugs than it is, otherwise it's hardware.  He can still arrest you and have the case dismissed, but it will throw a kink into your schedule.  If you are ever in that situation again be sure to have a sensor, a pressure gauge or a blow off valve attached to the T adapter thus lending credence to your argument. A good Leo enforces the rules to make things better.  A bad one uses their position to pursue an agenda.
 
Scorpion Regent said:
Just because it can be used as one doesn't mean it is. 

Well,yeah. It was quite a while ago but I believe I did show him the gauge and he didn't  even check for any residue or ask if he could search the van.
 
vgilbert said:
We are rebels....!!! why do we care  :D

Right. I do believe the sovereign citizen routine works every time :)
 
When I get pulled over with the cop will come up ask me for my license registration insurance when I give it to him then he'd start asking questions and I just tell him I don't answer questions. It's your fifth amendment right not to talk to him you don't have to be under arrest to get exercise that right. The same holds true if you go through a DUI checkpoint or an immigration checkpoint just tell them you don't answer questions and never answer any questions other than I don't answer questions. Make sure you have your doors locked because police like to break into vehicles and yank people out. Your vehicle is your personal space that's why they have to have a warrant to search it. And make sure you keep all your paraphernalia or alcohol out of sight.
 
I won't answer unreasonable questions.  I know my rights.  Being difficult often results in difficult treatment.  So I will cooperate within limits.  If they ask me questions that might incriminate me I give answers that are polite, honest and non incriminating.  
Q "Do you know why I pulled you over?"  
A "Not for certain, but I'm sure you had your reasons officer."  Hey I don't read minds, why should I guess?
Q "Do you know how fast you were going?"
A "I'm not sure."  If your speedo is inaccurate then you don't know.  When was the last time you had your speedo calibrated?
Just because you haven't invoked your rights yet, doesn't mean you can't later.  As a rule I never lie to the police.  Once they establish that you tell lies nothing you say in the future will have credibility, particularly in court.  They also consider lying to them a form of disrespect and that will effect how they behave towards you.  Another rule, never do anything that would warrant lying to the police. Take off your sun glasses and look them right in the eye.  If you won't meet their gaze they will think you have something to hide.  
Might want to check your facts on grounds for vehicular search.  
https://www.fletc.gov/sites/default...t/4th-amendment/searchingavehicle-carroll.pdf
 
Scorpion Regent said:
 Transporting a open container of alcohol is a crime. 
yes if you have it next to you or near you and LEO can see and smell it on you and you were pulled over on his judgement to then check you for DUI.....you fail DUI then you have any open container in there it comes into focus obvy.

I got booze in the rv and car.  I  just never drink and drive SO I NEVER have an issue with 'open container' cause if one doesn't blow over on a alcohol check etc that an LEO would want to check on you thru ???
I truly think the point is mute. Travel with your booze open but don't ever blow past what is illegal to put you into DUI charges I would think would be the issue.....come on, speeding is one thing, or whatever a real reason for pullover in the LEO's mind but if YOU blow bad or are some aggressive drunk type behavior and more the LEO is gonna take ya down how he can thru whatever traffic stop ya got going down....so.......moral of the story, never drink and drive and don't be an Ahole if pulled over :)
 
Don't drive and/or act like an aggressive moron, and you probably won't get pulled over. Then you don't have to worry about being searched. Many people have a serious problem with thinking things through.
 

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