Illegal Search Leads to citation

North Carolina

Got pulled for no registration sticker on my license plate. So i provided the unexpired registration card, i thought the problem was solved.

There were 5 of us in my car, the cop asked if we had any open containers, we said no. He said, "Well I'm going to search anyways." My friend admitted he had an empty can, that he had drank before he got in the car. He gets us all out, and searches all of us, and the entire car.

My friend that had the empty can got an underage drinking citation.

[racer72]

The officer had probable cause, as slim as it was. You really do not have a case.

[enjay]

I agree...just a whiff of the remnants of the empty gives the cop probable cause to search.

well, im not sure he smelt it, i mean i had been drinking and he didnt breathalize me.

i think he just went on a hunch and got lucky

[racer72]

We as civilians call it a hunch, the law calls it good police work. Many time a hunch has resulted in the arrest of some nasty folks. It was a hunch that resulted in the arrest of Ted Bundy.

If they found an empty can how is that an open container? What if I'm taking cans to get recycled or something? Open container should mean there is beer in said container. The empty can could have been comsumed by anyone.

Originally posted by ricksterps
If they found an empty can how is that an open container? What if I'm taking cans to get recycled or something? Open container should mean there is beer in said container. The empty can could have been comsumed by anyone.

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That is hilarioius. Five of 'em piled in a car. One says "I got a beer can right cheer, but I drank this thang before I got in the car". The driver says "Occifer, we're taking that can to the dump for recycling". Come on ! Besides, he smelt it.



hmmbrdzz

I don't think that it is illegal to drive with an empty beer can in your car. I could surely have been talking to someone outside of my car at someone's house and tossed it in afterwards. It's a mute point because he said it was his. I'm just saying the empty can means probable cause for a search but it isn't illegal in and of it's self.

I do believe an empty beer can in the cabin of a car be considered for an open container citation. At least that's what I've always heard. That's why its smart to check your car for garbage once in a while. Wouldn't it suck to be arrested for some old PBR empty your dumbf$%k friend planted under your seat six weeks ago because he was too lazy to throw it away?