Opps, Yes that does look bad, doesn't it.

[E.Marquez]

So up front,...Yes I have more then the average persons LEO contacts.. Nature of what I do and where Im at commonly so late at night..

Last night 11:45 I was finishing up servicing bikes at one of our ranges..Small town off a main highway, an officer newish to their force and one of the few from that department I have not met or been by our range noticed my truck, lights, open conex and shed and did the right thing, came over to check it out.

The dogs did there job and alerted me someone was approaching (I was in the shed) I announced who I was assuming it was a LEO or concerned citizen, prospective customers normally only stop by in daylight hours.

LEO stated his name and department and we came together just outside shed.
He asked me to stay put while he cleared the truck... there are 4 dogs in there and please do not open the doors, but your welcome to look in windows...

Came back over, asked for ID I provided both LTC and DL, asked if I was armed and I said yes.......and I heard something I did not expect.. "Well then sir we have a problem"

Mind racing, what could he have seen in the truck......... Umm, officer, are you referencing the beer bottles in the back seat area?

He was, they were "open container" beer bottles............ That I was given earlier in the day...because I wash them and use them when I brew beer...But of course the Officer did not know that.
I explained, he asked if he could search the truck..... I asked if he would first inspect the bottles in question outside of the truck, due to the dogs..if they appeared to be what I was saying, lets call it good...... Getting four dogs out on leashes in an open parking lot is, well a lot like trying to heard feral retarded cats ..

He said that can be a first step....... I asked him to contact his supervisor, told him Im not complaining, but I think your supervisor will likely provide some additional info and background for you to asses the situation.
"Sir, which supervisor do you know?"
Ahhh, all of them, and the police chief

1/2 of them had been in our classes

Supervisor called and arrived in just a few minutes, yes I knew him, he asked if I would willing to go along with the officer, so he can have a clear mind on what he did or did not find and leave NO possible suggestion of the supervisor covering for me..... It was my call, I did not have to.....And he offed to help handle the pups.. So sure why not... we got all four dogs out, Officer new guy checked the bottles, bone dry not even a smell of beer since they had been pre washed for me.
He looked around, saw the shotgun asked what it was for?........... I looked at the supervisor and asked if he wanted me to respond
He said no and ended the "search"

Put dogs away and all three of us chatted a bit.... Came away with a good question, when is an open container not and open container, but just a bottle?

In hind sight, I should have put the bottles in the back of the truck....I did not because I did not want them to end up rolling around and getting broken..and did not have a larger container to store them in.

Im sure some will say, I should not have played along....and perhaps thats true...but just not who I am.
The bottles were already seen, and I decided to get it settled then and there vice doing it the hard way with FST's & BAC testing, and then worse case talking with a DA to show the evidence did not support a charge.
A friend also asked for a favor, to make sure there was not even a perception of wrong doing ...So I did.

That was a fun ending to a day servicing bikes and doing Key control..

Two contacts in a week....... both over all good

[jason812]

Were you on private property?

[E.Marquez]

Were you on private property?

No, public, and a school. We have a contract to use the parking lot for storage and classes.

[Charles L. Cotton]

I haven't looked at the law, nor do I intend to do so. However, it is my understanding that the so-called "open-container law" applies when 1) you are driving on a public roadway with 2) a container with a broken seal has alcohol in it. I may be wrong about the driving part.

Chas.

[flechero]

If he really was worried about all those open bottles... you'd think he would have disarmed you and gone straight for the field sobriety test rather than allowing you access to the dogs, your handgun, shotgun, etc. before looking inside at old bottles.

I hope you supervisor buddy took the time to teach off that. Walk him through how he could be dead right now if you were actually a bad guy.

[allisji]

That is quite the unusual encounter. I'm glad that the consequence was nothing more than you were late getting home.

[jason812]

I haven't looked at the law, nor do I intend to do so. However, it is my understanding that the so-called "open-container law" applies when 1) you are driving on a public roadway with 2) a container with a broken seal has alcohol in it. I may be wrong about the driving part.

Chas.

I have always thought it should be an add-on charge to another infraction. When I was younger, much younger, I had a regular cab truck and after spending the night a buddies cause we were drinking, I worried about what would happen if I got pulled over for having a half drank bottle of whiskey in the front seat while on my way home the next day. I couldn't put it in the back and didn't want it rolling around in the floor board. Now days, I'm old enough I don't have to worry about such things.

E. Marquez, I could see how the officer wanted to check you out. Late at night in a public parking lot with lights, trailer, and what not is not normal activity for most people. I think you handled yourself well. The officer sounds a little green but nice to see that he was reasonable.

[E.Marquez]

E. Marquez, I could see how the officer wanted to check you out. Late at night in a public parking lot with lights, trailer, and what not is not normal activity for most people. I think you handled yourself well. The officer sounds a little green but nice to see that he was reasonable.

Well that’s kind of part of the thing with me it actually is very common I’m in that parking lot at least once a week working on motorcycles and have been for the past four years
I’m in the parking lot several times a month teaching class and other instructors are there the other weekend or weekday teaching class
And you would think something like that would be something a new officer would be shown or told about by a TO I mean there’s only one high school in town
maybe I’m way off base on that though

[E.Marquez]

If he really was worried about all those open bottles... you'd think he would have disarmed you and gone straight for the field sobriety test rather than allowing you access to the dogs, your handgun, shotgun, etc. before looking inside at old bottles.

I hope you supervisor buddy took the time to teach off that. Walk him through how he could be dead right now if you were actually a bad guy.

I agree
The whole thing struck me as kind of funny and maybe just a fishing expedition he sees a six pack of open bottles and it 160 pounds 5 foot six it should’ve been pretty obvious that I had recently consumed six bottles of beer

At that point he saw the bottles and came back to me at that point he only knew I was armed with a SideArm concealed he hadn’t yet seen the shotgun that game later

At that point the supervisor was there and I was technically in his control and observation
But I agree if he actually came away from the first observation of the truck with wow I might have a drunk here and he’s armed why was the next step to disarm, cuff and stuff then do a follow on investigation

[johncanfield]

Really interesting story with a very fine conclusion.

[JustSomeOldGuy]

I'm a little slow sometimes. Was the problem alcohol (bottles) in a (stationary, unoccupied [by humans]) vehicle, or was the problem alcohol (bottles) on school property?

[E.Marquez]

I'm a little slow sometimes. Was the problem alcohol (bottles) in a (stationary, unoccupied [by humans]) vehicle, or was the problem alcohol (bottles) on school property?

Truck was running, lights on and I was the admitted driver..So I assume it was what he first thought was a open container of beer problem

[JustSomeOldGuy]

Aah...I didn't catch that truck was running and lights on when he pulled up. That does make the rookie look like somewhat less of a maroon. Somewhat...

This thread does provide some food for thought. I.E., I often drive a (older) pickup truck. Sometimes, when I come out of a business and go back to the truck in the parking lot, I will notice that some.....citizen....has mistaken my truck for a dumpster (well, it IS dark blue) and tossed a beverage can in the bed. Sometimes that can formerly contained something alcoholic.
Previously I would
- (always) cuss about ill-manners and the implied insult to my truck
- (sometimes) pull the can out and put it somewhere appropriate
- (sometimes) drive off and do the above later at another location

I don't think I'm going to leave it til later from now on if some overzealous rookie can potentially use it to give me grief.

[srothstein]

Yes, there is a law in Texas, Penal Code section 49.031 that says it is illegal to have an open container of alcohol in the passenger compartment of a motor vehicle on a public highway. It does not matter if the car is running or parked. The open container must have some amount of alcoholic beverage in it, but it can be any amount, even drops.

It is one of the few cases in Texas where the officer must issue a ticket and cannot arrest if the offender signs the ticket.