Open Alcohol in a Vehicle on Private Property

My question involves civil rights in the State of: Michigan. I had been home for about 5 minutes sitting in my driveway when someone knocked on my car window I cracked the door to converse and in that moment the police turn on my street stopped got out and called.the lady who was knocking on my car window but as all that was unfold I stopped out the car and shut the door. I was asked to get back into to car I stated I didn't have to and that I'm at home I also said duck you to the cop because I become upset for being harassed I went in my house and came back out to be tackled by the cops. And told.that I'm under arrest for open alcohol is this legal in Michigan? There was a open beer inside the car parked in my driveway private property.

You need a lawyer. From the way your post reads, it sounds like you had just gotten home and "had been home for about 5 minutes". That would indicate that you had driven home with an open container in your car, which would be illegal under Michigan Penal Code Section 257.624a (http://www.legislature.mi.gov/(S(ewl...e=mcl-257-624a). Simply because you were on private property when the police showed up doesn't mean you are "home free". You need a lawyer to help you sort this out. Transporting intoxicants in a motor vehicle which are open can lead to charges.

The way the statute reads unless you were in some part of your property that was inaccessible to the public, you're probably still guilty even if you popped a cold one while sitting in your driveway.

And it goes without saying (or it should,) but saying "duck you" to a cop is never a way to de-escalate a situation or increase the likelihood of being released without a citation or arrest.

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Quoting DeputyDog

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And it goes without saying (or it should,) but saying "duck you" to a cop is never a way to de-escalate a situation or increase the likelihood of being released without a citation or arrest.

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And you think that the police did not escalate the situation by tackling the OP, when all the OP did was have alcohol in the car and use profanity?

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Quoting John_28

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And you think that the police did not escalate the situation by tackling the OP, when all the OP did was have alcohol in the car and use profanity?

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well, while I suspect it may have been more force than was necessary, the fact is; we do not have all the facts to be able to determine if tackling him, or in what way he was tackled, was proper.

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Quoting DeputyDog

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And it goes without saying (or it should,) but saying "duck you" to a cop is never a way to de-escalate a situation or increase the likelihood of being released without a citation or arrest.

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that doesn't make a lot of difference and in fact, reacting to such a statement suggests a contempt of cop situation. If a cop arrests or cites because somebody swore at them, well, they are generally unfit to be a cop. It comes with the territory just like being able to flip off a cop and it not be illegal but flipping off an average citizen can result in criminal charges.

I have to disagree with Ron here though:

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or within the passenger area of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in this state

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it says a MOVING vehicle, not a motor vehicle. That would be describing a vehicle that is being driven.

I would also challenge the private property of the individual as being open to the general public. It is somewhat clarified to not include an individuals private property due to the need to specifically state it included parking areas (open to the general public or generally accessible to motor vehicles). Private property that is not intended for parking for the general public is not open to the general public.

We don't know WHAT the OP was arrested or cited for. Perhaps he was called in for drunk driving and beat the cops ... maybe it was reckless driving ... maybe he was drunk in public - we don't know. Without all the facts, all we can suggest is that he engage an attorney.

You can talk about the "way things should be" all you want; great, if you want to swear at cops, get arrested, pay $1,000 for a lawyer, fight to not be convicted of something, then turn around and sue, or whatever - be my guest.

Most people have jobs and not a lot of disposable income and would rather not spend a night in jail all just to prove their constitutional right to yell profanity at the police.

Oh, and then there is, you know, the human decency thing - maybe you ought not to yell profanity at ANYONE who approaches you to talk to you ...

And yes, I've arrested people many times who yelled something similar at me - not for yelling the profanity, but for whatever other legitimate violation they were engaged in and that I was planning on letting them off with a warning for but then changed my mind when they became verbally combative. And I've never lost one of those cases in court yet.

To put it another way: Would you advise your own children to talk like a decent human being to the police when approached or to yell profanity because, by God, they have the constitutional right to do so?

Some people use profanity in the normal course of conversation. While I try not to and would prefer my children didn't I do not see why a cop would get all butt hurt because somebody swore at him......

oh, yes I do. The cop that uses that as a reason to do much of anything is on a power trip and feels he must show his authority and "who's boss"


the the courts have already ruled swearing at a cop and flipping them off is protected speech. Quit using your inferiority complex that is stirred when somebody does something that hurts your feelings to attempt to punish them.

it is not your roll in life, as a cop, to play cop judge and jury.

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Quoting DeputyDog

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Most people have jobs and not a lot of disposable income and would rather not spend a night in jail all just to prove their constitutional right to yell profanity at the police.

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That's the problem. Too many people are too afraid to go to jail to fight for their rights.

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I think that the OP's big mistake was coming back outside after the OP had already entered his own home. Had the OP stayed inside the home, the police would have had to obtain an arrest warrant from a judge, in order to arrest the OP. The police might not have been willing to obtain that warrant, or to wait all night (until morning) for the OP to come out again, and the police might have left.

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Quoting John_28

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That's the problem. Too many people are too afraid to go to jail to fight for their rights.

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Yelling profanity at a cop is not a right I'd be willing to go to jail for.

I like to work and have a roof over my head, and I'm in one of those jobs where a conviction can ruin all of that.

It's called picking your battles. But then again, I don't yell profanity at cops.

But why should you even have to fear going to jail for that? Think about it; you are afraid to exercise your rights because you know some cop somewhere will violate your rights and take you to jail.

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But why should you even have to fear going to jail for that? Think about it; you are afraid to exercise your rights because you know some cop somewhere will violate your rights and take you to jail.

I wouldn't curse at cops - or anyone else - not out of fear, but, because it is the reaction of a civilized person. Politeness and cooperation are much easier than acting like a butthead, and the delay is minimal. Acting like a twit because you CAN is, quite frankly, moronic and immature.