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Q. What is the update, if any, on legislation to transport a previously opened/resealed bottle of wine or similar varieties of liquor in a car? There was recent legislation about this matter, and I wonder about its outcome. Can a resealed bottle be transported in the trunk of a car? Do police have a legal right to search a car without a search warrant? I would rarely find a need but I am curious, having read your previous articles.

A. This question required quite a bit of research. Under the Motor Vehicle Code, where most of the research for this column is done, RI General Law 31-22-21.1 “Presence of alcoholic beverages while operating or riding in a motor vehicle” states, “No person shall operate a motor vehicle upon the public highways with any unsealed alcoholic beverage container within the passenger section of the vehicle.” This appears in Title 31, “Motor and Other Vehicles — Miscellaneous Rules.” But we knew that this statute alone would not address the whole question.

So in addition, we look to Title 3, “Alcoholic Beverages,” specifically 3-8-16 “Regulation of Sales,” which references the above statute and more completely addresses the question by stating:

“Restaurants: Off premise transportation of wine . . .

(1) Notwithstanding any provision of this chapter or in the Rhode Island general laws to the contrary, a holder of a retailer’s Class B license shall be permitted to provide to a patron, and the patron shall be allowed to retain and remove from the premises and transport the remains of any bottle of wine purchased by said patron in conjunction with a meal, subject to the following limitations and conditions:

(a) the patron purchased said wine in conjunction with the consumption of a full-course meal, defined herein as to include no less than an entrÉe meal, which shall be consumed on the premises;

(b) the license holder shall re-cork or seal said bottle of wine;

(c) the license holder shall place the bottle of wine in a container which shall be sealed in such a way as to prevent re-opening without obvious evidence that the seal was removed or broken;

(d) the license holder shall note the date of the meal on the container; and

(e) no more than one bottle may be removed at any one time.

(2) A patron who transports the remains of a bottle of wine, as provided herein, shall not be subject to the provisions of section 31-22-21.1, provided, the patron places the container in the trunk area of a vehicle, or if the vehicle does not have a trunk, then the container shall be placed behind the last upright seat in the rear of the vehicle. While transporting said wine bottle the patron shall not cause the seal on said container to be removed or broken, and should such seal be so removed or broken as to allow access to the wine bottle, and/or if the bottle of wine is not placed in the area of a vehicle as required herein, then the patron shall be subject to the provisions and penalties of section 31-22-21.1.”

The two statutes are in agreement that no previously opened bottle of wine can be transported in the passenger compartment of a motor vehicle and must conform to the rules listed in 3-8-16.

Neither statute references any other kind of alcoholic beverage specifically, other than wine purchased at a restaurant. Clearly, these two laws were enacted for a specific situation — purchasing a bottle of wine at a restaurant and taking the unfinished portion home.

So, take that Merlot to go, but make certain it is corked, properly marked and sealed by the restaurant, and carried in your trunk.