illegal search of my vehicle at a nightclub???

Question

I went to a nightclub with a few friends. I parked in the club parking lot, got out of my suv, and opened the back passenger door. My friend had a blue plastic cup of vodka and orange juice that was almost empty. I was preparing to throw the drink on the ground when a cop driving by in the parking lot stopped and asked what was in the cup. I said "nothing", left the cup in the suv, and closed the door. The cop got out and asked me again, I said I don't know. He cuffed me and 3 cops searched my vehicle. They found the alcohol (which my buddy was drinking, not myself nor did I smell of any alcohol) and gave me a citation for open alcohol in public. Would this be an illegal search? I would think that anyone can have a plastic cup in their car without having their vehicle searched for suspicion of an alcohol violation. Can the cops claim because it was on private property that they were contracted to security for that they can search anyone/anything at any time? Thanks.

Answer 1

It doesn't matter if it was on public or private property. Your friend gave them probable cause by having an open container of alcohol in your vehicle.
The officer, based on his experience with people bringing alcohol to nightclubs, will have no problem articulating that in court.

Answer 2

No not an illegal search. The cop saw an open container. An open container beyond popular belief is any container that is open. A plastic cup, an open pop bottle (yes some people mix drinks in pop bottles thinking it won't attract curiosity) a coffee mug, a travel mug etc. Once the police officer has reasonable suspicion to believe a crime is being committed (in this case open container in your vehicle) he has the right to search. Occupants can be "detained" or cuffed for the safety of officers, suspects, and the general public. Nobody wants to be looking through a car and not watching the suspect and then all of a sudden get hit in the back of the head with a rock or something or have the suspect attempt to flee and get run over. And a public roadway is considered all roads where traffic can travel and any parking lot belonging to a business or any multi-family dwelling that can park 3 or more vehicles and is accessible to the general public. So if your car was in a single homes driveway it would not be good police work but since it was in a public parking lot it is good police work.

Answer 3

Under the 4th amendment, persons are protected from unreasonable searches and seizures by the government. Here, the cop approached you and asked you what was in the cup, that is legal thus far, there is nothing wrong with asking what you have in the vehicle. Second, if the cop had reasonable suspicion, he may search the vehicle for contraband, such as an open alcohol container. Here, you're saying that neither you nor your friend smelled of alcohol, well that does not have to be the case. If the interior of the vehicle smells of alcohol, that is sufficient probable cause for the police officer to search the vehicle. Now if there was no smell of alcohol in the vehicle (which is hard to believe given that you already stated that there was aclohol in the cup, and since alcohol can be smelled a mile away), then he does not have probable cause to search the vehicle. But since, more likely than not, he smelled the aclohol and the fact that you lied by giving inconsistent statement, that's enough for an arrest and for a vehicle search for further evidence of contraband.

Answer 4

Police may search a vehicle if there is probable cause to believe that contraband or evidence is in the vehicle. In your case, the cops probably smelled alcohol, and the cops likely know that every blue plastic cup that comes out of the nightclub contains alcohol. Put them both together, and you have probable cause.

As an aside, it must have been a really slow night if your town's cops were trolling to find such minor infractions.

Answer 5

The police officer saw the cup which someone was taking a drink out of. Both of you were in the vehicle. Having an open alcohol in a motor vehicle is illegal.

This constitute a probable cause to search the vehicle.

No, they cannot search anything and anyone at any time. For that, they had an option to offer the offender either consent to search or leave the premise. But, as I said earlier, he had a probable cause. No, it does not constitute an illegal search.

Answer 6

Clubs have a strict policy of not taking any drinks outside the premises as well as drinking on the premises. The type of cup you have, is well known as a club cup because people use those alot when they drink, as well as the red ones.

Because of the situation, it gave him probability to question about the type of drink you had. When he asked you again, and your replied "i dont know", that gave him more reason to further approach you. Why did you say I dont know anyways?

Cops are suppose to ask you if they can search your car. If you say no, they have to call for a warrant to search your car.

The police had a right to question you, but I dont think there procedure was correct. I would contact the contractor who the y work for and ask them the procedure of that kind of incident.
If what they tell is the opposite of what happened, I would go to court and fight the citation.

hope this helps

Answer 7

Of course it was legal. You acted suspiciously by not responding what the drink in the plastic cup was. By saying "nothing" and then "I don't know", you were basically admitting it was alcohol. The police are not stupid nor are they going to let you get away with it. Obviously, they patrol this area and have had this problem countless times. Not to mention the idiots that actually do drink and drive. It is their job to make sure that wasn't the case here. Hope you learned your lesson.

Answer 8

you probably did no longer provide adequate information to answer this question precise. besides the fact that i visit furnish it a shot. You pronounced your boyfriend became into pulled over. So I assumen he made a site visitors blunders that have been given him stopped. interior the state of Texas, any site visitors violation different than dashing and Open field are an arrestable Offense. So if the reason at the back of the quit is something different than a type of two particular the Officer could have arrested him instantaneous previous to finding the medicine. Usualy for small site visitors violations, you will receive a writen warning or a site visitors fee ticket, yet an arrest is likewise available. as quickly as he became into arrested, it is criminal for the officer to do a seek incident to arrest. this helps the officer to seek factors of the vehicle that have been interior of attain of the arrested guy or woman to make confident he did no longer attempt to conceal any contraband like drugs. If any contraband is placed then the police now have a reason to seek something of the vehicle. If there is not any one in charge to take possession of the vehicle then it is going to likely be towed. in the previous officers tow a vehicle they are going to inventory it. this supplies them a limited "seek" of the vehicle. meaning they could look any the place interior the vehicle that best greenback products could be placed. As yet another man or woman recommended, you haven't any longer given adequate element. There are could factors in contact with making the decesion to arrest a guy or woman. because you're refering to the different passenger as a woman then i anticipate you weren't there. interior the previous 10 years of regulation Enforcement the single concern I even have discovered is that folk very seldom tell the reality as to why they have been arrested. they desire it to be the officers fault they are in penitentiary and not their very own. another explinations as to why he became into arrested could desire to be: That he became into no longer arrested appropriate away and that they gave consent to seek the vehicle. Or the medicine have been in easy view whilst the Officer approached the vehicle. one concern that all of us be attentive to is that there have been drugs found interior the vehicle. So all of us be attentive to that your boyfriend isn't a normal guy or woman. I even have in no way met a drug person or broking that tells the reality.

Answer 9

They can search if they have probable cause. You gave them probable cause by attempting to hide the cup in the car and lying to them. Of course the fact that they found alcohol also helps. Whether the car is on private property is of no concern if they were legally on the premises. Pay the fine and get smart next time. You're lucky you didn't get charged with obstruction.

Answer 10

Okay so this brings up a valid point. So is it okay for the cops to stop a limo and arrest the driver for open champagne and liquor bottles in the vehicle?