Hearsay!
[QUOTE
He equates it to public drinking. You can drink anything you want walking down the street as long as its in a paper bag. Take that bag off and you are illegally drinking in public. Doesn't make much sense to me either.[/QUOTE]
One must be careful with these kinds of things, as hearsay has no merit, especially when the law provides for something else. Know the law.
Here is an example, from the California Business and Professional Code. And yes, the arresting officer will know the code.
25620. (a) Any person possessing any can, bottle, or other
receptacle containing any alcoholic beverage that has been opened, or
a seal broken, or the contents of which have been partially removed,
in any city, county, or city and county owned park or other city,
county, or city and county owned public place, or any recreation and
park district, or any regional park or open-space district shall be
guilty of an infraction if the city, county, or city and county has
enacted an ordinance that prohibits the possession of those
containers in those areas or the consumption of alcoholic beverages
in those areas.
(b) This section does not apply where the possession is within
premises located in a park or other public place for which a license
has been issued pursuant to this division.
(c) This section does not apply when an individual is in
possession of an alcoholic beverage container for the purpose of
recycling or other related activity.