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  1. #1
    Join Date
    Jun 2015
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    3

    Default 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.

  2. #2
    Join Date
    May 2015
    Posts
    27

    Default Re: Open Alcohol on 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.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Open Alcohol on Private Property

    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.

  4. #4
    Join Date
    Jul 2014
    Posts
    441

    Default Re: Open Alcohol on Private Property

    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.

  5. #5
    Join Date
    Jun 2014
    Posts
    185

    Default Re: Open Alcohol on Private Property

    Quote 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.
    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?

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Open Alcohol on Private Property

    Quote 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?

    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.

    - - - Updated - - -

    Quote Quoting DeputyDog
    View Post
    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.
    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:

    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
    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.

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