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Old 05-06-2011, 01:06 AM   #1
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Hey guys,

I can't find the pertinent laws for Pennsylvania, so I figured I would just ask my favorite forum. My sister is 20 and would like to transport some of my new homebrew within the state for her boyfriend's 21st Bday. Is it legal for her to transport the beer by herself or does she have to have someone who is 21 in the car? My thoughts were that she had to have someone who is 21 in there, but I figured that I should at least ask



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Old 05-06-2011, 01:09 AM   #2
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Is it legal, probably not. But I would just put it in the trunk and tell her not to get pulled over.



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Old 05-06-2011, 01:33 AM   #4
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Not advocating any crime, but possibly a loophole, if an adult were to lock the alcohol in a container and mail the key to the recipient, or better yet use a combination lock on a metal locker and phone the combo to the recipient, then there would be no basis for:

"Constructive Possession

Constructive possession is a legal theory used to extend possession to situations where a person has no hands-on custody of an object. Most courts say that constructive possession, also sometimes called "possession in law," exists where a person has knowledge of an object plus the ability to control the object, even if the person has no physical contact with it (United States

v. Derose, 74 F.3d 1177 [11th Cir. 1996]). For example, people often keep important papers and other valuable items in a bank safety deposit box. Although they do not have actual physical custody of these items, they do have knowledge of the items and the ability to exercise control over them. Thus, under the doctrine of constructive possession, they are still considered in possession of the contents of their safety deposit box. Constructive possession is frequently used in cases involving criminal possession."

http://legal-dictionary.thefreedictionary.com/constructive+possession

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Old 05-06-2011, 01:33 AM   #5
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Quote:
Originally Posted by sagnew440 View Post
Is it legal, probably not. But I would just put it in the trunk and tell her not to get pulled over.
I would go with this, put it in the trunk and drive carefully. If she did get pulled over, what are the chances they will search her car. And as long as she doesn't start drinking you homebrews on the way home, the story of a 20 year old taking her brothers homebrew home for her boyfreinds 21st would probably end up with the cop not caring - to much paperwork for no real benifit to society. Just my $0.02
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Old 05-06-2011, 01:39 AM   #6
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I pmmned Airbornguy, our resident Law enforcement officer. He might have some insight. I don't think it's really an issue. how often does a vehicle get searched during a traffic stop if there's no probable cause for something beyond the initial stop anyway?

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Old 05-06-2011, 01:40 AM   #7
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Quote:
Originally Posted by mattd2

I would go with this, put it in the trunk and drive carefully. If she did get pulled over, what are the chances they will search her car. And as long as she doesn't start drinking you homebrews on the way home, the story of a 20 year old taking her brothers homebrew home for her boyfreinds 21st would probably end up with the cop not caring - to much paperwork for no real benifit to society. Just my $0.02
Besides, without probable cause, or a warrant, can a LEO legally search a car without owners consent?
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Old 05-06-2011, 01:42 AM   #8
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I pmmned Airbornguy, our resident Law enforcement officer. He might have some insight. I don't think it's really an issue. how often does a vehicle get searched during a traffic stop if there's no probable cause for something beyond the initial stop anyway?
True. but that doesn't make it legal!

The law is clear. In PA, if you are under 21, you cannot be in possession of alcoholic beverages no matter how they got there. Even if you have a note from your mom!

(don't laugh- I've had my daughter pick up stuff at the homebrew store in Wisconsin for me. She's now over 21, but I hated sending her in there to buy stuff, even though it was 100% legal for her to pick up my DME for yeast starters!)
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Old 05-06-2011, 01:46 AM   #9
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(don't laugh- I've had my daughter pick up stuff at the homebrew store in Wisconsin for me. She's now over 21, but I hated sending her in there to buy stuff, even though it was 100% legal for her to pick up my DME for yeast starters!)
It's funny, I was getting my gear together for Natl Homebrew Day and since I'm doing a burton ale I picked up some stuff today from the lhbs for tweaking the water, I now have all these ziplock baggies from them filled with strange white powders. It would not be too fun to have those tossed carelessly in the back seat of my car and get pulled over.
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Old 05-06-2011, 01:53 AM   #10
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Some of my kegs have a loop on the bail to put a lock on. With a lock on the lid cannot be opened. As long as there is no disconnects In the car or way to open the keg there is no way to access the beer so it should be legal.



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