Dixon v. State

The issue presented by this appeal is whether an officer who observes a driver drinking from a bottle in a brown paper bag has reasonable suspicion to conclude that the driver is operating a vehicle with an open container of an alcoholic beverage. We hold that he does.

Appellant was pulled over by a highway patrol officer after the officer observed appellant drink from a bottle contained in a brown paper bag. As a result of events occurring following the stop, appellant was charged with possession of cocaine, tampering with evidence, driving under the influence and resisting arrest without…