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An open-container law is a law which regulates or prohibits drinking alcohol in public by limiting the existence of open alcoholic beverage containers in certain areas, as well as the active consumption of alcohol in those areas. "Public places" in this context refers to openly public places such as sidewalks, parks and vehicles.
Laws against drinking in public are known as open container laws, as the presence of an open container of alcohol is seen as evidence of drinking in public and is far easier to witness and prove than the act of drinking. In the United States, open container laws are state laws (rather than federal laws), and therefore they differ between states ...
New Jersey enacted the first law that specifically criminalized driving an automobile while intoxicated, in 1906. The New Jersey statute provided that "[n]o intoxicated person shall drive a motor vehicle." Violation of this provision was punishable by a fine of up to $500, or a term of up to 60 days in county jail. [18]
City officials say the move is prompted by complaints about public alcohol consumption; opponents of the proposal say the new rules are unnecessary.
Under Texas Alcohol Code section 109.35, a municipality can prohibit the possession of an open container in central business districts if there’s a risk to the health or safety of its citizens.
State law prohibits open containers with any amount of alcohol within the passenger area of a motor vehicle. [7] Passengers of a vehicle are similarly prohibited from consuming alcohol in the passenger area, but the law provides exceptions for non-drivers in the back of hired vehicles such as taxis, limousines, and buses, as well as in the living areas of motor homes.
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United States v. Ross, 456 U.S. 798 (1982), was a search and seizure case argued before the Supreme Court of the United States.The high court was asked to decide if a legal warrantless search of an automobile allows closed containers found in the vehicle (specifically, in the trunk) to be searched as well.