I live in mississippi and i was stopped because of my truck bein too muddy from a night of off roadin. before he made it to my door he checked my cooler with out asking me.. which he found a 12 pack of cold beer and i spent the better part of an hour showing him i hadn't had a drop and he took my cooler. im old enough and so was everyone in the truck.
this being said what are the restrictions on what he can and can't do and what about a game warden does it differ for him?
2007-08-07 09:01:50 · 26 answers · asked by Justin H 1 in Politics & Government ➔ Law Enforcement & Police
the bed of my truck sits about eye level he couldn't have seen it without stepping on my tire first (was not in plain sight)
2007-08-07 09:09:46 · update #1
I am white an so was he.. dude who ask must know where i live lol
2007-08-07 09:11:13 · update #2
the main thing i wanted to know was could he check my cooler we had another cooler in 5 min.. if he wouldn't have checked it we wouldn't have had to sit there for 45 min
and alcohol was aloud
2007-08-07 09:25:40 · update #3
it was not a game warden by the way i was jus curious from somethin similar that happened to a fren...
and as for the lady who has something against my truck bein muddy get a life!! what the hell did your "answer" have to do with my question?
2007-08-07 09:37:08 · update #4
No, he didnt have the right to check your cooler without your consent. If he got you out of the car, gave you some field sobriety tests and a PBT and you failed them, he could arrest you and search the car incident to arrest. However, he didnt do that and didnt have the right to check and take the cooler. By the way, what happened? did you get a ticket for your muddy car?
2007-08-07 09:58:32 · answer #1 · answered by Anonymous · 1⤊ 1⤋
If he had probable cause to look in your cooler then it was legal to do that. The officer probably suspected it was a beer cooler. Do a search on Carroll v. United States or "Carroll Doctrine". The search could very well have been legal. I would need more info. Many of these answers here are wrong about the warrantless search of a vehicle in a public place.
What county was this in? I use to work in MS and know that many counties are still dry down there. Oktibbeha County, for example, is a dry county so it is illegal to posses beer in the county. However, you can drive into Starkville and buy beer and possess it and you are legal.
I wasn't there so I don't know what the officer saw or thought when he stopped your truck and walked up to it.
2007-08-07 20:56:30 · answer #2 · answered by El Scott 7 · 0⤊ 0⤋
Coming from a constitutional law student, the location of the cooler makes all of the difference. If it was in the bed of the truck, then it was in plain view and can be searched. Now, he should not have taken the cooler because from what you have said, the containers of beer were unopened and still sealed. If this were the case then no it was not legal for him to confiscate the beer or the cooler. I would complain to the local police agency that pulled you over. Remember, it is a BIG deal when a cop does something that is illegal and unconstitutional and he could find himself in a whole world of trouble for this. As far as a game warden goes, that's not really my area of expertise.
2007-08-07 16:15:14 · answer #3 · answered by Anonymous · 2⤊ 1⤋
Laws differ from state to state. Generally speaking it does sound like he over stepped his authority. A police officer cannot search your car without probable cause. If he thought you were drinking or might drink and drive he could have used this as justification to confiscate your beer. A game warden has the same powers as any police agency,(at least here in TX) but he can search if he believes there might be illegal game on or about your person, or premises. Unfortunatly there is little or nothing you can do about your beer. Reporting him to his superiors would probably cause you more problems than it is worth. Just go to the store and buy more, and do your drinking at home.
2007-08-07 16:17:46 · answer #4 · answered by Morty Smith C137 7 · 2⤊ 0⤋
this cop broke the rules if you were not charged and were of legal age than he had no rite to confiscate or "take into custody" any evidence. as for your question about game wardens or wildlife officers most people don't know this but other than some government officials no one in law enforcement has as much power and leeway to use it as a wildlife officer.
also unless the bed of your truck is covered the officer did nothing wrong in this respect even if he had to climb onto your truck to see inside the bed.
2007-08-07 17:41:26 · answer #5 · answered by jsyco1558 2 · 0⤊ 0⤋
Sounds like the game warden is gonna have himself a nice happy hour later. I would think it would depend on the restrictions that are imposed in the particular area that you are in. Does it restrict alcoholic beverages? If it doesn't, I don't think he had the right to confiscate your beer. Did you get his name and badge number? I would turn him in or file a complaint.
okay. I misunderstood. It sounded like maybe you were out in the wilderness somewhere four wheeling and got pulled over. I think unless you had some open containers in your vehicle, and you didn't give him permission to search your vehicle it seems to me what he did was wrong. Like I said before, if you got his badge number and name I'd file a complaint or go to his superiors.
2007-08-07 16:08:04 · answer #6 · answered by Spirish_1 5 · 3⤊ 1⤋
he can only check your stuff if he has reason. I can see why he pulled you over for the truck being muddy, it was probably over the license plate, but as for the whole thing with the cooler, he broke the law. If the beer was unopened and you didn't have a drop in you then him taking your cooler was wrong. In this instance he broke the law and should be reported, and you should be compensated by either recieving everything back or by him paying you for what it was all worth.
2007-08-07 16:13:53 · answer #7 · answered by d962831 3 · 1⤊ 3⤋
I take it, the cooler was outside of the truck on the back tailgate. There is probably some loophole that he uses to check containers outside of the car. I see no reason why he would take the cooler and I would most certainly tell his commanding officer.
2007-08-07 16:09:19 · answer #8 · answered by Jon H 3 · 2⤊ 2⤋
He can look anywhere he wants to if he had probable cause to look. Suspected DUI is probable cause. But take it? Not sure about that. I could see if one of you was underage that he could, but not otherwise. They weren't open or within your reach, so it's not open container either.
I'd call the sheriff's department, or maybe another county's department and ask about it. As for a game warden? If you're a hunter/fisher....better to play along. You don't want one of those guys having it in for you. They can make it tough for you for sure.
2007-08-07 16:13:50 · answer #9 · answered by Bridey 6 · 2⤊ 1⤋
Who cares if it was legal or not? What are you gonna do about it? That's why he took it...in order to see who & what you are connected to. If you were on a game reserve or federal land, then you can't have any alcohol period. Next time, maybe you should keep a few 5 gallon containers of water in your truck to wash the mud off & be more like the other vehicles on the road. This gives a new meaning to DUH!
2007-08-07 16:19:27 · answer #10 · answered by Anonymous · 0⤊ 2⤋