

| Subject: | California: Re: Open container (alcohol) law & the Westy???? |
| From: | Ari Ollikainen |
| Date: | Wed, 4 Nov 1998 15:37:46 -0800 |
At 3:14 PM 11/4/98, Steve wrote:
>In several states (less than 5) cops can search upon any
>stop without probable cause. The Supreme Court will decide
>if these states' laws are constitutional this term...by next
>june.
>
>I know the issue of alcohol in an open container in an rv
>has been before the courts, and recall that one court found
>it did not matter that it was an rv...same as a car, but i
>am sure there are circumstances that could change that
>ruling.
With apolgies to Yau-Man Chan...
Here's the California Vehicle Code reference:
Storage of Opened Container
23225. It is unlawful for the registered owner of any motor vehicle,
or the driver if the registered owner is not then present in the vehicle,
to keep in a motor vehicle, when the vehicle is upon any highway, any
bottle, can, or other receptacle containing any alcoholic beverage which
has been opened, or a seal broken, or the contents of which have been
partially removed, unless the container is kept in the trunk of the
vehicle, or kept in some other area of the vehicle not normally occupied
by the driver or passengers, if the vehicle is not equipped with a trunk.
A utility compartment or glove compartment shall be deemed to be within the
area occupied by the driver and passengers.
This section shall not apply to the living quarters of a housecar or camper.
Amended Ch. 940, Stats. 1981. Effective January 1, 1982.
Storage of Opened Container in Passenger Compartment
23226. It is unlawful for any person to keep in the passenger
compartment of a motor vehicle, when the vehicle is upon any highway, any
bottle, can, or other receptacle containing any alcoholic beverage which
has been opened, or a seal broken, or the contents of which have been
partially removed.
This section shall not apply to the living quarters of a housecar or camper.
Amended Ch. 940, Stats. 1981. Effective January 1, 1982.
OLTECO Ari Ollikainen
P.O. BOX 3688 Networking Technology and Architecture
Stanford, CA Ari@OLTECO.com
94309-3688 415.517.3519Have something to add on this topic today? Revive this thread in the forum »