Driver's Beer Can't Show Open Container Offense (open container ok as long as empty)
Driver's Beer Can't Show Open Container Offense
WASHINGTON (CN) - Police officers who saw an open beer can in a car cup holder lacked probable cause to initiate a search, a federal judge ruled.
The government had sought reconsideration after U.S. District Judge Richard Roberts previously determined that police improperly conducted a warrantless search of Eric Hemingway's car - violating the Fourth Amendment - and that the subsequent arrest of Hemingway and seizure of physical evidence from his vehicle were fruits of that illegal search.
Roberts refused to credit claims that police had probable cause to arrest Hemingway for possession of an open container of alcohol before the search.
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Roberts added: "An open container in a car is not contraband unless it contains alcohol. Here, the officer could not see in the container, he did not testify that the driver or passenger said that it contained alcohol, and his testimony about smelling alcohol before the arrest was discredited. Suspicion ... is not enough to establish probable cause."
http://www.courthousenews.com/2013/03/18/55804.htm
= new reply since forum marked as read
They're 10 cent deposit each, redeemable anywhere.
Unfortunately, we no longer have beer cans on our roads and highways. 
(or soda pop cans.) just lots of wine and booze bottles.
