By law they can not assume it is alcohol.You have to do another atrocious act to attract their attention.
In the early 80's I went to FLA for partying and job(screw the gators).Anyway when you went to a convenience store and bought one beer they had a paper sack that it fit in perfectly.The person behind the counter explained to me that as long as the law couldn't read the label or noticed the brand they couldn't pull you over.I placed my beer on the dash many a time to test it and it was true.I could tell you a horror story of the law harassing an old man in Bristol in the late 70's if you wish.What law is that?
I can see the probable cause affidavit now: Based on my training and years of experience as a patrol officer, I know that persons carrying plastic cups in this vicinity on game days are often consuming alcoholic beverages in violation of [insert municipal code section here].
Oh and throw in some reference (true or not) about the defendant being unsteady on his feet, having glassy eyes, etc.
Edit:
That being said, I would hope they would not hassle everyone with a plastic cup who is otherwise behaving. But I guess I will have to hide the bar that usually sits on a card table at my tail gate parties.
In the early 80's I went to FLA for partying and job(screw the gators).Anyway when you went to a convenience store and bought one beer they had a paper sack that it fit in perfectly.The person behind the counter explained to me that as long as the law couldn't read the label or noticed the brand they couldn't pull you over.I placed my beer on the dash many a time to test it and it was true.I could tell you a horror story of the law harassing an old man in Bristol in the late 70's if you wish.
Well, there's a difference between an automobile stop and briefly questioning a pedestrian, or even looking into the cup. Still, I would not advise driving and sipping out of a brown bag, in spite of whatever legal advice your convenience store clerk gives you.
(Disclaimer: I'm a lawyer but I don't do criminal law anymore.)
For what it's worth, apparently you're not even allowed to drink on private property in public view in Knoxville, plastic cup or not. At least, that was the law according the the police officer that hassled us one night.
Well, to tell you, most of us could care less if you are drinking unless you are being loud and disruptive. That, as well as being a smart*** will get you in trouble faster than holding a beer in a cup. In order to be arrested for PD, the law requires that the offender to be so intoxicated that he/she cannot properly care for themselves and pose and danger to themselves or others. If your inside your house, you cannot be arrested for just having a beer and being seen from the outside. If that was the case, an officer could look inside a bar and arrest everyone he saw holding a beer.
I dare say you have never been arrested or had a brush with the law in your life.Try having hair down to your waist in the 70's.You ain't lived or confronted the law.Well, to tell you, most of us could care less if you are drinking unless you are being loud and disruptive. That, as well as being a smart*** will get you in trouble faster than holding a beer in a cup. In order to be arrested for PD, the law requires that the offender to be so intoxicated that he/she cannot properly care for themselves and pose and danger to themselves or others. If your inside your house, you cannot be arrested for just having a beer and being seen from the outside. If that was the case, an officer could look inside a bar and arrest everyone he saw holding a beer.
You are right and damn proud of it!!! Always had the utmost respect for officers, maybe why I decided to be one.![]()