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PERKINS v. U.S.

No. 06-CF-198.

936 A.2d 303 (2007)

Anthony PERKINS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 6, 2007.

Attorney(s) appearing for the Case

Warren E. Gorman was on the brief, Chevy Chase, MD, for appellant.

Jeffrey A. Taylor, United States Attorney, and Roy W. McLeese, III, David B. Goodhand, Amanda Williams, and Michael T. Ambrosino, Assistant United States Attorneys, were on the brief, for appellee.

Before FARRELL and GLICKMAN, Associate Judges, and SCHWELB, Senior Judge.

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...

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