TexasCHLforum.com

alexrex20 wrote: Maybe you should just start obeying the law, instead of finding ways to not get caught doing Illegal Act #2 when you get pulled over for Illegal Act #1.

CheckonChico wrote:That day for some reason my wife and I were in two different vehicles, i went in my work truck(single cab ranger) and she was in her jeep, my brother was in the passenger side when the LEO pulled me over.

CheckonChico wrote:..he found an empty beer can behind one of the seats. :

Keith B wrote:

§ 49.031. Possession of Alcoholic Beverage in Motor Vehicle.

(a) In this section:

(1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.

(2) "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include:

(A) a glove compartment or similar storage container that is locked;

(B) the trunk of a vehicle; or

(C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.

ddurkof wrote:Probable cause to search for an open container of alcohol. You could tell him no, but the roadside is not where you litigate.