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Open Container Violation in San Diego, CA Public Order, Loitering, Urination

Discussion in 'Criminal Charges' started by VinceG in SD, Jul 7, 2016.

  1. VinceG in SD

    VinceG in SD Law Topic Starter Guest

    Jurisdiction:
    California
    I was recently cited for violating BP 25620 (a) which states:


    25620. (a) Any person possessing any can, bottle, or other

    receptacle containing any alcoholic beverage that has been opened, or

    a seal broken, or the contents of which have been partially removed,

    in any city, county, or city and county owned park or other city,

    county, or city and county owned public place, or any recreation and

    park district, or any regional park or open-space district shall be

    guilty of an infraction if the city, county, or city and county has

    enacted an ordinance that prohibits the possession of those

    containers in those areas or the consumption of alcoholic beverages

    in those areas.


    I walked onto the beach with SEALED containers. Several cans and one glass bottle. As I began to place the still SEALED containers from the bag into the cooler, the police officers arrived. They had observed me walking with the dreaded liquor store black plastic bag :( At this, the officers opened the sealed containers and dumped the contents into the sand. I was summoned for "Open Container", but not for the "Glass Container".


    Q 1: If the containers weren't open, is the charge accurate and/or enforceable?


    Q 2: The officers had uniform cameras on their persons. Shouldn't the containers have been confiscated and thrown away? Weren't they littering? Can I charge them with same?


    Q 3: If I beat the ticket, can they then file charges for the "Glass Container" offense?
     

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