Can I get citated for open beer container that was in a bag tucked into my pants if I was not drinking it?

UPDATED: Jun 25, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I get citated for open beer container that was in a bag tucked into my pants if I was not drinking it?

I was passenger on a moped coming from the supermarket to my house 4 houses away without a helmet. We got pulled over by the police; I got citated. I had a supermarket bag inside my jacket tucked into my pants. The officer made me unzip my jacket and demanded to know the contents. I told him he had no right but he threatened me with going to jail. It was a 24 oz can that was opened. What had happened was I dropped it outside the supermarket and opened it to release the pressure, stuck it back in my bag and was walking home when my friend pulled up with the moped. Was this an illegal search?

Asked on June 25, 2012 under Criminal Law, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what you have written your stop and search was legal IF the state that you reside in requires a helmet on all those that drive a moped or a motor cycle. The citation for an open container of alcohol is different than a citation for drinking alcohol in public.

Based upon what you have written, the stop, search and citation of you for an open container appears factually and legally warranted from your brief question. I suggest that you consult with a criminal defense attorney to assist you in your matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption