Perkins v. United States

GLICKMAN, Associate Judge.

It is a misdemeanor in the District of Columbia, punishable by up to 90 days’ imprisonment and a $500 fine, to “possess in an open container an alcoholic beverage in ... [a] vehicle in or upon any street....” D.C.Code §§ 25-1001(a)(2), (d) (2001). The question in this appeal is whether police had probable cause to arrest an automobile passenger for that offense, along with the driver, upon finding them sitting next to an open can of malt liquor during a routine traffic stop. We answer that question in the affirmative. We therefore uphold the search of the passenger…