Legal Question in Criminal Law in Florida

can a cop pour out my alcohol on private property? I was hanging out with some friends at the pool of our apartment complex, and a police office came and told us if we did not pour out the remaining liquor in the bottle we had, that he was going to arrest all of us for open container. Obviously, going through the hassle for some liquor is not worth it, but I find it hard to believe that he can make us pour out the liquor on private property.


Asked on 12/28/10, 7:41 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

The answer is maybe. If, for example, there is an ordinance barring possession of alcohol at an apartment pool (very unlikely), then he could pour it out as being contraband. I'm unaware of any law that allows him to arrest you for open container unless you were minors. So, you were right that at this point it's not worth the hassle, but what he did was probably not legal.

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Answered on 1/03/11, 6:39 am


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