Florida law and open containers of Alcohol in RV

[darsben]

Ask trooper Steve;

 

[Isaac-1]

Well that covers 1 of 50 states

 

[darsben]

Well that covers 1 of 50 states

Since Louisiana has TO GO Daiquiri stands I sort of figure I am good in the Pelican State
Interestingly enough I wondered about the law in LA and found it is exactly the same as Florida law

 

[Roy M]

We have drive through liquor stores, just don't open it while the vehicle is being operated.

 

[Isaac-1]

Darsben, just don't forget the little strip of scotch tape over the straw hole

 

[LarsMac]

Most states have some form of "open container in moving vehicle" law.
Colorado also has drive up liquor stores, where you can buy the bottle, Ice and all the mixer stuff, and even get "to-go" cups, but they trust you to not open the stuff while you're driving.
[wink, wink]

 

[darsben]

Darsben, just don't forget the little strip of scotch tape over the straw hole

Is that what has been getting stuck in my throat?

 

[Mr Lars]

So, basically it is allowed in the ‘living quarters’ of an RV, not the driver compartment.

 

[darsben]

But people should listen to the whole report as there are size restrictions on the motor home length

 

[Bugford]

We lived in Florida from 1979 to 1987, and when we first moved there we were told we could drive with an open container, as long as we were under the legal limit. That changed while we were there. Hard to imagine today.

 

[Gary RV_Wizard]

So, basically it is allowed in the ‘living quarters’ of an RV, not the driver compartment.

Yeap, and that's pretty much true in all 50 states. If the RV has a distinct "house" area (as opposed to the driver & passenger seating), that area is deemed to be a "home" rather than a "vehicle". Details on how that gets determined may vary a bit, but it's not a question that comes up if the occupants are acting in a reasonable manner.

This is essentially the same exception reasoning that permits a tour bus to have alcohol open in the seating area behind the driver.

 

[Matt_C]

That may be true in Florida and other places, but there is another area not addressed here and it came to be an issue to me in one of the police states of the northeast. In said state, a container is viewed as "Open" if the cap or cork can be readily removed with no tools or with such tools available. So, a bottle with the seal broken will qualify as an "Open Container" by this rule. Ego, when transiting these states, I hide all the bottles that contain any alcohol at all so as to be difficult to locate and retrieve.

This used to be safer territory. That was when the courts had ruled that the driver's area was "vehicle" and could be searched without warrant and almost anything the LEO thought of would be "probable cause". That changed when a liberal judge decided that if it had wheels and could leave, it needed to be searched right then and there. The fifth amendment was out the window for us right then. We are now all suspects with no right to privacy or security in many places. I could (but will not) go on about the extent of this. I find it disturbing that I have to practice defensive stowage when traveling in these police states. This has caused us to limit our excursions to some of these areas where rights have been eliminated. Matt

 

[chuckbear]

Thanks, Matt for this posting of misinformation. There are some restrictions on vehicle search by police officers although they are not always the same as a dwelling. Here is information taken from findlaw.com that is usually quite accurate and presents a more reasonable explanation.

When Can Police Do a Warrantless Search?​

Not every police search must be made under a lawfully executed warrant. The Supreme Court has ruled that warrantless police conduct may comply with the Fourth Amendment, so long as it's reasonable under the circumstances.

So, when can police search your car without a warrant? Generally, under the following circumstances:

1. You have given the officer consent;
2. The officer has probable cause to believe there is evidence of a crime in your vehicle;
3. The officer reasonably believes a search is necessary for their own protection (a hidden weapon, for example); and
4. You have been arrested and the search is related to that arrest (such as a search for illegal drugs).

Automobiles may be stopped if an officer possesses a reasonable and articulable suspicion that the motorist has violated a traffic law. If the reason for the stop is a minor traffic offense like speeding, the officer likely wouldn't be permitted to search your car without more reason. However, if police arrest you for conduct arising out of a traffic stop, a search of your vehicle incident to arrest will usually be allowed.

Chuck

 

[Oldgator73]

That may be true in Florida and other places, but there is another area not addressed here and it came to be an issue to me in one of the police states of the northeast. In said state, a container is viewed as "Open" if the cap or cork can be readily removed with no tools or with such tools available. So, a bottle with the seal broken will qualify as an "Open Container" by this rule. Ego, when transiting these states, I hide all the bottles that contain any alcohol at all so as to be difficult to locate and retrieve.

This used to be safer territory. That was when the courts had ruled that the driver's area was "vehicle" and could be searched without warrant and almost anything the LEO thought of would be "probable cause". That changed when a liberal judge decided that if it had wheels and could leave, it needed to be searched right then and there. The fifth amendment was out the window for us right then. We are now all suspects with no right to privacy or security in many places. I could (but will not) go on about the extent of this. I find it disturbing that I have to practice defensive stowage when traveling in these police states. This has caused us to limit our excursions to some of these areas where rights have been eliminated. Matt

You do have choices. You could stop drinking which would alleviate having to hide your alcohol. Or you could avoid the states you deem “police states” alleviating the need to hide your alcohol. It’s all about choices. Be happy you have them.

 

[Isaac-1]

There is always the option to store your alcohol in a compartment that is not accessible while driving, such as a basement compartment if you have one.