(a) Each person within a motor vehicle is responsible for complying with the provisions of this section that pertain to carrying an open container. The operator of a motor vehicle is the person responsible for complying with the provisions of this section that pertain to the storage of an open container.
(b) Carrying or storing a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal is broken or the contents of which have been partially removed, within a motor vehicle in a park area is prohibited.
(c) This section does not apply to:
(1) An open container stored in the trunk of a motor vehicle or, if a motor vehicle is not equipped with a trunk, to an open container stored in some other portion of the motor vehicle designed for the storage of luggage and not normally occupied by or readily accessible to the operator or passengers; or
(2) An open container stored in the living quarters of a motor home or camper; or
(3) Unless otherwise prohibited, an open container carried or stored in a motor vehicle parked at an authorized campsite where the motor vehicle's occupant(s) are camping.
(d) For the purpose of paragraph (c)(1) of this section, a utility compartment or glove compartment is deemed to be readily accessible to the operator and passengers of a motor vehicle.
Notes of Decisions
United States v. Richard Leavitt, 608 F.2d 1290 (9th Cir. 1979).
“Richard Leavitt, was convicted of driving in a careless manner in a national park, in violation of 36 C.F.R. § 4.14 . He appeals his conviction on three grounds: 1) lack of jurisdiction; 2) insufficient evidence to establish identity; and 3) violation of his right to counsel.”
United States v. Gerald Van Griffin, 874 F.2d 634 (9th Cir. 1989).
“Griffin was acquitted of careless driving, a petty offense under 36 C.F.R. § 4.14 (1986), and convicted of driving under the influence, a petty offense under 36 C.”
United States v. Ramirez, 555 F. Supp. 736 (E.D. Cal. 1983).
“1979), the Ninth Circuit held that the right to appointed counsel extended to a prosecution in district court for violation of 36 C.F.R. § 4.14 , for which the maximum penalty was a $500 fine and/or six months’ imprisonment.”
United States v. Coleman, 100 F. App'x 202 (4th Cir. 2004).
· cites it 2× “Monahan handcuffed Coleman for possession of an open container of alcohol in a motor vehicle within a park area, in violation of 36 C.F.R. § 4.14 (b) (2004). He then searched Coleman’s person and found seven ziplock baggies in Coleman’s shirt pocket that field-tested positive…”
Cameron Reed v. United States, 734 F.3d 881 (9th Cir. 2013).
“35 (b)(2) (Count Three), and open container in violation of 36 C.F.R. § 4.14 (b) (Count Four). Later, via an amended complaint, Reed was further charged with operating a vehicle with an amount of marijuana in his blood in violation of Nev.”
United States v. Lambert, 594 F. Supp. 2d 676 (W.D. Va. 2009).
“2008)); and (5) possession of an open alcohol container in a motor vehicle, 36 C.F.R. § 4.14 (2008). The magistrate judge sentenced the defendant to six months imprisonment on each of the first two charges, to be served consecutively for a total of twelve months imprisonment.”
Roberts v. United States, 399 F. Supp. 2d 650 (D. Maryland 2005).
· cites it 2× “35 (b)(2), possession of an open container of alcohol in a vehicle in violation of 36 C.F.R. § 4.14 , and possession of a weapon in violation of 36 C.”
United States v. Reed, 878 F. Supp. 2d 1199 (D. Nev. 2012).
“35 (b)(2) (Count Three), and open container in violation of 36 C.F.R. § 4.14 (b) (Count Four). (ER 8-11.”
Robert v. United States, 399 F. Supp. 2d 650 (D. Maryland 2005).
· cites it 2× “35 (b)(2), possession of an open container of alcohol in a vehicle in violation of 36 C.F.R. § 4.14 , and possession of a weapon in violation of 36 C.”
United States v. Stephens, 341 F. App'x 947 (4th Cir. 2009).
· cites it 3× “Stephens appeals his convictions for carrying an open container of alcohol in a vehicle within a national park, in violation of 36 C.F.R. § 4.14 (b) (2008), possession of marijuana in a national park, in violation of 36 C.”
United States v. Orlando Diaz, 714 F. App'x 283 (4th Cir. 2018).
“23 (a)(2) (2017), having an open container of alcohol in a vehicle, in violation of 36 C.F.R. § 4.14 (b) (2017), and failing to obey a traffic control device, in violation of 36 C.”
United States v. Marvin Minor (4th Cir. 2023).
“Consistent with this rule, we have held that the failure to make a pretrial motion to suppress precludes a defendant from * Minor was also convicted of possessing an open container of alcohol in a motor vehicle, in violation of 36 C.F.R. § 4.14 (b); he does not challenge this…”
— 36 C.F.R. § 4.14(b) — 2 cases
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