United States v. Jones

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In the District of Columbia it is a misdemeanor to drink alcoholic beverages in a public place. Specifically, “no person in the District [of Columbia] shall drink an alcoholic beverage or possess in an open container an alcoholic beverage in or upon [a] street ... [or] sidewalk.” D.C.Code § 25 — 1001(a)(1). The question on appeal is whether there was a proper investigative stop of appellant under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), to determine whether he was violating the statute. See Ornelas v.…