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  1. #1
    Join Date
    Jun 2016
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    141

    Default Seizure of Alcoholic Beverages at a Concert Venue

    I've been thinking about this case lately, and I wonder: If someone purchases water or alcohol at a concert, what right does a security guard have to take the water or alcohol away from the purchaser when the purchaser is leaving the concert?

    Does the purchaser not have the right to his legally purchased property?

    And if a security guard has the power to take away legally purchased water or alcohol, what is to stop that same security guard from taking away a person's other possessions (such as a cell phone, a camera, a watch)?

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Trespassing/Resisting Arrest

    Quote Quoting TechWorker
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    I've been thinking about this case lately, and I wonder: If someone purchases water or alcohol at a concert, what right does a security guard have to take the water or alcohol away from the purchaser when the purchaser is leaving the concert?

    Does the purchaser not have the right to his legally purchased property?

    And if a security guard has the power to take away legally purchased water or alcohol, what is to stop that same security guard from taking away a person's other possessions (such as a cell phone, a camera, a watch)?
    In many states, Ohio included, open alcoholic beverages cannot be carried out of the venue from where they have been sold. They have to be consumed in the venue. The rules do not apply to water, but obviously the officer had some reason to believe that the cup contained something other than water.

  3. #3
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    Jun 2016
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    141

    Default Re: Trespassing/Resisting Arrest

    Quote Quoting llworking
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    In many states, Ohio included, open alcoholic beverages cannot be carried out of the venue from where they have been sold. They have to be consumed in the venue.
    If the alcohol is put into a bottle and the bottle is closed, would it be OK to take the closed bottle full of alcohol out of the venue?

  4. #4
    Join Date
    Oct 2015
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    Somewhere out there....
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    168

    Default Re: Trespassing/Resisting Arrest

    Quote Quoting TechWorker
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    If the alcohol is put into a bottle and the bottle is closed, would it be OK to take the closed bottle full of alcohol out of the venue?
    Generally once the seal is broken, you have an "open container." I don't go to many concert venues, but every one I have gone to serves alcohol in an open container.

  5. #5
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    Oct 2006
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    Default Re: Trespassing/Resisting Arrest

    Quote Quoting TechWorker
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    If the alcohol is put into a bottle and the bottle is closed, would it be OK to take the closed bottle full of alcohol out of the venue?
    No, in the states where it matters, the only acceptable way to carry alcohol is if it is still sealed. Now, people do carry alcohol in closed but unsealed bottles fairly often, like when I closed my restaurant and transported about 50 unsealed bottles of alcohol from the restaurant to my home, however technically its not legal.

  6. #6
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    Jun 2016
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    141

    Default Re: Trespassing/Resisting Arrest

    So, let's say that I'm carrying a closed but unsealed bottle of water, and that a security guard or a police officer is demanding that I throw the bottle away before leaving (because the bottle COULD contain alcohol). What are my rights? Do I have the right to force the security guard or the officer to PROVE that the bottle contains alcohol?

  7. #7
    Join Date
    Oct 2006
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    16,474

    Default Re: Trespassing/Resisting Arrest

    Quote Quoting TechWorker
    View Post
    So, let's say that I'm carrying a closed but unsealed bottle of water, and that a security guard or a police officer is demanding that I throw the bottle away before leaving (because the bottle COULD contain alcohol). What are my rights? Do I have the right to force the security guard or the officer to PROVE that the bottle contains alcohol?
    If you were stupid enough to escalate something like that over a bottle of water then you would deserve the hassle/consequences.

  8. #8
    Join Date
    Jun 2016
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    141

    Default Re: Trespassing/Resisting Arrest

    Quote Quoting llworking
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    If you were stupid enough to escalate something like that over a bottle of water then you would deserve the hassle/consequences.
    Well, for some of us, having enough water at all times is important for health reasons. So, can you just answer my legal questions?

  9. #9
    Join Date
    Nov 2013
    Location
    in alto mare
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    1,123

    Default Re: Trespassing/Resisting Arrest

    Quote Quoting TechWorker
    View Post
    So, let's say that I'm carrying a closed but unsealed bottle of water, and that a security guard or a police officer is demanding that I throw the bottle away before leaving (because the bottle COULD contain alcohol). What are my rights? Do I have the right to force the security guard or the officer to PROVE that the bottle contains alcohol?
    Fly much?

  10. #10
    Join Date
    Jun 2016
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    141

    Default Re: Trespassing/Resisting Arrest

    Quote Quoting geek
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    Fly much?
    I wasn't asking about flying. I was asking about entertainment venues on the ground.

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