Illegal Search?

I was arreseted for possesion of alcohol, but I believe it was obtained with an illegal search. I was leaving my car at a closed gas station and was going to go with my friends in their car. I had a cooler with beer in it that I took out of my car to put in my friends. I was standing outside my car with it when a cop pulled in. He got out and asked me what was in the cooler. I said nothing. He asked again with the same answer. He then went over to the cooler which I had placed on the ground and opened it without my permission. He then arrested me, with that alcohol being the only evidence. Was it obtained illegally and can I get off the charges?

Thanks for your time,
Nate

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

I would imagine you could argue your way out of this one. They were in a cooler so it was not like it was an open container.

Only problem here is it was in plain view at a public area. He could ask you questions, but you do not have to answer them. He may try to say your silence gave him reasonable suspicion to search -- but he could most likely only search you for weapons, etc. not the cooler.

I say fight this one. Get a lawyer to fight the principal that he had no reasonable suspicion and no probable cause. Without any of these, he committed a 4th amendment violation and was required to have a search warrant before he could search and seize (if at all).

Hope this helps.