Question about transporting alcohol

[K.Mooneyham]

First, the reason I put this in LEO Contacts. I went to a doctor appointment with my wife yesterday. The nurse engaged us in conversation while typing on the computer. During conversation, she stated that she had been pulled over for speeding. She had just come from the grocery store and as part of her purchase, bought beer for her husband. The purchases were on the back seat of the vehicle (a 4-door passenger car, I gathered). During the stop, the LEO spotted the enclosed "box of beer" and told her it belonged in the trunk of her car, and that it couldn't be transported otherwise because doing so was illegal. He had her exit the vehicle and place the beer in the trunk. She didn't state that she got a ticket for speeding, but seemed to indicate she didn't receive one. I thought this business with the sealed case of beer sounded rather odd, but then again, I was gone from Texas for many years. Does anyone know of specific requirements in TPC for the transport of alcoholic beverages for personal consumption at home (assuming a sealed container or packaging)? I would really like to read it for myself if there are specific requirements. I personally own an extended cab pickup truck and so I don't even have a trunk. Have I been unwittingly violating state law when I stop at Wal-Mart and grab a six-pack of Shiner with the groceries and set it all in the floorboard behind my seat?

(Mods, if this is in the wrong section, please move as necessary. Thank you.)

[JP171]

no it does not have to be in the trunk, if what you said she said was correct it was a case of the LEO either being wrong or on a power trip. the law only addresses open containers(bottles,Cans and such) not even open boxes

[Jumping Frog]

There was one cop (military or federal, I forget which) who posted on here about arresting people under the "open container" law when they had a six-pack or 12-pack with several cans missing. He was adamant about arguing his interpretation of Texas law.

But unopened? I agree completely with JP171. Sounds like ignorance or a power trip. Those arguments are never won at the side of the road, so I would certainly comply with a "yes sir, no sir" demeanor. Then I would follow up with a written complaint with the police force in question. The complaint would not be intended to reprimand the officer, the complaint would be for the police brass to properly educate and train their officers.

[daniel2002p]

When I transport any type of alcohol (beer, wine etc) in my extended cab truck it is always on the rear bench seat behind me. I am not putting that in the bed of the truck as I don't have a cover on it and opportunistics (if that is even a word) would quickly grab it at a light something.

--D

[jmra]

http://codes.lp.findlaw.com/txstatutes/PE/10/49/49.031
(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.
(3) "Public highway" means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public highway.
(b) A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense.
(c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in:
(1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or
(2) the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle.
(d) An offense under this section is a Class C misdemeanor.
(e) A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person.
- See more at: http://codes.lp.findlaw.com/txstatutes/ ... KHuIE.dpuf" onclick="window.open(this.href);return false;

[steveincowtown]

When we travel the back seat of my cab lays flat. In goes the dog, food, booze, etc. etc. I always cover what I am transporting just to avoid this debate.

The letter of the law is written such that I could be ticketed if I were, say, uh, transporting a 1/2 bottle of fine scotch and it was not behind the last upright set of seats. When my seats are laid down, where in the cab would this be?

Once more reason to not allow your car to be searched. Between the vagueness of the law, and the apparent vagueness of some officer's interpretation it is a no win situation.

[mojo84]

Power trip or she was cute.

[Abraham]

LEO's aren't infallible.

Four days ago while cycling "with the traffic" a deputy sheriff had just informed some Jr. High School age kids they had to ride "against the traffic". It was the law he advised them. He was also wrong.

The kids stopped to tell me this bit of misinformation as we were all cycling and were coming into a head-on meeting of sorts, but all slowed down to a stop as we met.

They seemed kind of glum (apparently the deputy had been rather stern with them) and warned me to go against the traffic per his instructions.

I let them know the deputy was misinformed, but since this LEO was still in sight I suggested they keep on cycling against the traffic.

I pedaled right past him, go with the traffic flow and he didn't stop me.

If he had, I have a printed copy of the law and it's number in my bike bag.

[Texsquatch]

I think I heard the trunk thing a long long time ago. More old ways of thinking than based on fact.

[Keith B]

Some officers will try to tell you that 'receptacle' can be the cardboard carton that a 6-pack came in. They can write an open container ticket on that basis, but a judge would probably throw it out as you can purchase individual beers in convenience stores.

Bottom line, the intent of the law as I read it was the actual container the alcohol was stored in (bottle, can, bag (wine-in-a-box), etc.) The officer in this case was wrong.

[K.Mooneyham]

Thank you for the replies. I didn't think that was proper or any sort of law here in Texas. I specifically asked her if it was sealed from the store and she assured me it was, so not even a stretch-of-the-imagination "open container". Just another one of those things to make you scratch your head and ask yourself "what will they think of next".

[mojo84]

It's a shame when a cop doesn't know a law that is one that is as commonly enforced as open container laws. If he knows the law and just stretched it to show his authority, that's a different problem.

[K.Mooneyham]

The only extra thought I had about this is that he recently came from some other state and that was the law where he came from. Anyone ever heard of this sort of thing in another state?

[DocV]

Perhaps an excuse to eyeball the contents of her car's trunk?

[Texsquatch]

Perhaps an excuse to eyeball the contents of her car's trunk?

I was thinking the same thing. Maybe the cop wanted a peek in the trunk, or a peek at her trunk, if you catch my drift.