Legal clarification request, open container on the sidewalk

[Crystal]

During the Woodward Dream Cruise a few years ago, three or so family members were handed $85 tickets for having paper cups containing beer on the sidewalk in front of a friend's house. The house was just off of Woodward itself, and the group was making its way to Woodward.

As I recall they all appealed the tickets and claimed they did not know about the ordinance. The appeals were not successful and the magistrate admonished the "grown men" for not knowing you couldn't have a beer on the sidewalk.

[Khartoum]

Was openly drinking 40s near the downtown bus terminal site one night...cops rolled up and they simply told us to go in a nearby diner, get brown bags and stop drinking so blatantly out in public.

Seems they had better things to worry about.

[sumas]

I imagine my husband is grateful our kids are now grown. He would take them out to trick or treat with a can of beer. Never a problem. The kids would get candy and he'd get a fresh beer.

[LodgeDodger]

Gee, how about using a paper bag?

[professorscott]

The Michigan Compiled Laws have nothing to say about this, so it's done by local ordinance. I don't know the local ordinances everywhere in Michigan, but I know in the City of Detroit, as mentioned earlier, consumption on a public street or sidewalk is prohibited. Now, as to carrying an open container, some judges will consider that to be prima facie evidence of consumption, and some won't.

So my rule is, caveat imbibor. Drink indoors.

Your own lawn, by the way, is sacrosanct. Police have no right whatsoever to enter your property without your permission, unless they have immediate and direct evidence of criminal activity [[which drinking a beer is not).

An interesting question, new to Michigan and not yet answered, is smoking a doob on your lawn. Now that medical marijuana is possibly legal [[have that argument someplace else), if a cop sees you toking up on your front stoop, does he have any evidence of criminal activity? You might be a patient, and you're on your own property. The policeman has absolutely no way to know whether you are a patient unless he asks you and you choose to answer him truthfully.

[sumas]

That actually is an interesting question Prof.

My husband has an application for medical mj. I think perhaps he is too embarassed to ask his doc. We haven't smoked the weed in years but as children of the 60/70's certainly have no adversion to it's use by others. Thought we might frame it and stick it somewhere in our files along with Grande postcards and other dumb memorabilia

Doubt Detroit police would much care. Not slamming Detroit police. In fact, had to call them twice in the past few weeks and response was very prompt and very polite. For the curious, property invasion. A relative, not ours, seems to feel entitlement. He has stolen too much and we finally have put our foot down.

Am so embarrassed to bother police. They have much more important things to deal with!