Can a Cop search a cooler in your car?

Question

Some friends and I were driving with a cooler of beer in the backseat of the car. The cooler had a lid and the beer was not in sight. We were pulled over for failing to use a turn signal. All the windows were down. When he walked up to the car he said "What do we have here?" and then reached through the open window and flipped the lid of the cooler off, exposing the beer. Since we were underage he made us pour it out. I realize it could have turned out worse, but I was wondering if he made an illegal search?

Answer 1

Yes it was an illegal search, they have to have a warrant or probable cause and it didn't seem like they had either. If a cops asks to search you, continue telling them I do not consent to a search and try and record them (which is fully legal and don't let them tell you otherwise) though in this situation there is not much to do because a judge would throw out any case because you were underage but in reality the cops made an illegal search.

I highly suggest downloading and having a copy of this it is quite useful as a quick know your rights deal:

http://nlg.org/resources/kyr/kyr_English...

Answer 2

Yes, that was an illegal search.   Had you been arrested they would have had the right to search.  But you don't get arrested for a traffic violation.  That's why he made you pour out your beer instead of arresting you for drinking underage.  So you probably came out better.

But remember in the future if a cop ask, DO YOU MIND IF I SEARCH YOU CAR?  Say yes I do mind, and no you cannot search my car.

Answer 3

Actually, you are underage in terms of under 21 or under 18.  If he smelt the alcohol, that is indeed probable cause.  I would highly suggest that if a cop asks to search you, and you have nothing to hide, say sure, why not, because if you do not, it will be a maze from that point on.  This is for 2 reasons, it seems as if you are being dishonest, and 2nd, they will find it whether you want them to.  It will look very good if you are honest.  To Mr. TX up there, just a piece of word.  Cops are not out to get everyone, they are out to make the streets --- that much better.

Answer 4

remember, if you say you don't want the cop to search your car, he can then detain you til he gets a search warrant.  you give him probable cause when you say no.  he's gonna wonder what you're hiding that you don't want him to find.  

Answer 5

YES

Answer 6

If they have probable cause.

Answer 7

Since you were underage and had a cooler he could claim probable cause.

Answer 8

Not necessarily. If the officer has probable cause to search the cooler he can. Especially if he suspected you to be under age. I'd be thanking him if all I had to do is pour it out, you got lucky! :)