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  1. #1
    Join Date
    Dec 2011
    Posts
    1

    Default Car Passenger Charged With Open Container

    My question involves criminal law for the state of: NEBRASKA

    So my friend got pulled over and charged with an MIP and DUI. I was in the passenger seat and I am of age to drink. The officer nearly forgot about me but when he finally did come over to my door he threw it open and found a beer can under the seat. For this he gave me a open container ticket and threatened that they might include a "procuring to minors charge on the warrant". He handed me off to the other officers I got my ticket and was released. The ticket only had open container on it. Here are a few of my questions:

    If it matters I was not breathalized or anything

    -Should I get a lawyer?
    -Can I get charged for procuring at a later time (my friend said he bought it himself which he did)?
    -Did the officer have the right to reach under the seat of the car without permission or a warrant?
    -Does something under the seat in a friends car qualify me for an open container?

    Thanks guys

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Open Container

    why would possession of an open container be affected by whether you had been drinking or not? Heck, an old can laying under the seat from the party 6 weeks ago can be a valid justification for an open container charge. It isn't about drinking, merely having the open container.


    -Should I get a lawyer?
    It's rarely a bad idea and there is generally a much better chance of getting a decent plea bargain when using a lawyer.


    -Can I get charged for procuring at a later time (my friend said he bought it himself which he did)?
    Yes you can.

    -Did the officer have the right to reach under the seat of the car without permission or a warrant?
    due to the driver being underage and being drunk, yes. They can impound the car and due to that, they could search it. They could also perform a search incident to arrest. As well, since the driver did have alcohol in his possession, they did have the right to search for any additional contraband.

    Did they impound the car?

    -Does something under the seat in a friends car qualify me for an open container?
    yes, if it was within your effective control. Being under your seat was within your control.

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