Was it legal for an officer to do this without my consent?

toneykuhnz

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?

Spirish_1

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.

Big PussyCat

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.

Pfo

He can check your cooler, and test you for consumption, but if you pass both tests, there's nothing he can do. He cannot take your cooler, I would report that to internal affairs, and if that fails the media and the FBI might be interested.

Awesome

He isn't allowed to take custody of your belonging without a felony.You should contact your police department .I'm pretty sure the police isn't allowed to do that without your consult for checking the cooler or take the cooler without asking his commanding officer.

fuzzykitty

Was your licience plate covered with mud? Or you vehicle lights? He can leagally stop you for that, but taking your cooler , was not legal. You were not drunk, and there were no open containers? I think, he was thirsty.

Nardoff

Did he have probable cause to search your vehicle? Even if he did, he would absolutely need consent to search your vehicle. Unlawful search and seizure.. Read up on it in the constitution and your state laws....

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Bridey

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.

open4one

If he took your cooler, that sounds like theft of property to me. I'd push really hard. One of your buddies need a job? Sounds like a spot on the sherrif's roster is about to open up.

greendguy

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.

smars442002

He must have been thirsty-and he scored free beer

jsyco1558

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.

bullwinkle

Where was your cooler? It could make all the difference.

Jon H

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.

criminal in blue

El Scott

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.

Jason W

You got ripped off!

Contact the police department and make a formal complaint in writing. The guy made an improper search of your property, and then stole your property. The fact that he is an officer makes no legal difference, in fact it makes it worse.

FRAGINAL-NOYPI

There was abuse of authority on the part of the officer. Thus, you can file a case against him to his superior and/ior a criminal case in court.

a1asteve

Sounds like illegal search and seizure to me. Here in Virginia, they can observe only.

Now, if you were exhibiting characteristics of someone who was under the influence, then he has the right to give you a Breathalyzer test.

If you fail that, then I believe he has the right to search.

Consult a lawyer though. Good thing you had your friends with you so that you can prove he did this search first.

As far as the game warden goes, he can only call you in to a police officer. His area of expertise is in illegal hunting and fishing.

mfghf b

no its illegal to just open a cooler unless he had probable cause to arrest you. if he didn't arrest you sue his ***.

Ms Blue

patriot act allows the police to search with out permission.

Me-She

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!

CGIV76

You gave him probable cause to search your vehicle by driving it in that condition.

As a game warden he is a sworn peace officer in the state of MS, and was acting within the scope of his duties.

http://www.mdwfp.com/default.asp

d962831

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.

Alowishus B

"Legal" is a very soft term in these situations.

Policemen are just government-sanctioned criminals.

Edit: That man stole your cooler, I don't care what's printed on his brooch. That was a criminal act. You will almost certainly not get your cooler back, no matter how much noise you make, the thief will not be reprimanded or held accountable in any way. That sure qualifies as an implicitly sanctioned crime for me. If you get an apology, let me know and I will eat every one of these words.

Edit II: On second thought, being that he was armed, you were actually robbed and not merely the victim of simple theft.

Edit III: I can hardly believe those of you telling the OP to lay down and accept it, OR those of you implying that what happened to him was somehow his fault. I thought Americans were supposed to be fiercely defensive of their 'freedom.'

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