Category: open container

Citation for Open Container Violation that Omitted Elements Was Sufficient to Confer Jurisdiction

The North Carolina Supreme Court decided State v. Jones, ___ N.C. ___ (2018) on Friday, affirming the court of appeals’ determination that the citation that charged the defendant with transporting an open container of alcoholic beverage, but left out several elements, was legally sufficient to invoke the trial court’s subject matter jurisdiction.

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State v. Fizovic and Searching Cars for Alcohol

Author’s Note:  This post has been modified from its original version in response to a helpful comment by a reader.

An officer sees a man drink from a can of beer while the man drives through a public parking deck. The officer stops the man’s car and sees the beer bottle can in plain view. He then asks the man to step out of the vehicle. May the officer open the car’s console to search for additional evidence?

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