When can a cop search a person's belongings?

Question

This weekend I went to the beach with a group of friends. We brought a cooler packed with ice, water, soda and a handle of Captain Morgan. I was reading a book while enjoying a cup of rum and coke, the bottle safely in the cooler, when a cop in one of those beach atvs stopped by my towel and asked to see what was in the cooler. I just kind of stared at him not sure if I should refuse.. and before I could answer he told me if I didn't open the cooler he would do it himself and arrest me if he found anything. So I did as he asked. He made me pour out the entire bottle and gave me a ticket for open container. I understand that it was against the rules.. and that I shouldn't bring liquor on the beach.. But I wasn't hurting anyone, the bottle was kept in the cooler at all times and I wasn't the only one on the beach with drinks. I'm wondering if he had a right to search me. Did he have probable cause just because he saw me holding a plastic cup? Could I have refused the search?

Answer 1

He had no right to search your stuff without cause. Yes, you could have refused the search and yes, he probably would have brought you in for it which would have been an inconvenience for you. Next time, put the alcohol in a different bottle, like an iced tea bottle. That way you will not get caught.

Answer 2

You can't always answer these things from a short story. It sounds like the search was unlawful. But unless you're prepared to put up what could be a long legal fight, you're probably out of luck.  

Answer 3

You should've refused the search.

Answer 4

He had every right to search your cooler.You WERE hurting someone! Every law abiding person you felt you were better than.