Can Police Search Your Cooler at the Beach?
Is there anything better than bringing blankets, sandals, and ice-cold coolers to the beach for a day of fun and relaxation? If there is, we can't think of it. But, we do want to provide a word of caution: law enforcement may want to search that last one.
Especially if you look underage, police may want to check for alcoholic beverages or open containers. Still, you have rights. Let's get into whether police can search your cooler at the beach.
Short Answer: Yes, If You Let Them
The Fourth Amendment of the U.S. Constitution protects residents from warrantless and unreasonable searches and seizures by the government. In general, that means that police officers cannot approach you without a warrant or probable cause and search you and your possessions for evidence of a crime. These constitutional principles apply in your home, car, and even in public places like the beach.
However, this doesn't stop police from asking to look in your cooler. If you say "yes," then there is no violation of your rights from a search that you consented to. Courts have upheld these sorts of searches in cars and homes. Your beach cooler isn't any different.
That's why it's important to remember you never have to consent to a search of yourself or your belongings, whether you're in your car or on Myrtle Beach. But if you say "yes," then you've given your permission to search.
What About Without Permission?
To be fair to the police, they aren't necessarily out to ruin your fun. Instead, they may just be doing their job of enforcing city or state laws, many of which do not allow alcohol or public intoxication at public beaches. These include places like Virginia Beach and Panama City Beach. Same with cannabis, where many state laws allow recreational use but prohibit smoking in public. So, know your state and local laws, and consider whether there might be a bar near the beach where you can happily have that beer unmolested.
Police may arrest and search a person without a warrant if there is sufficient probable cause to believe that person has committed a crime. These crimes may be minor (including open container offenses) and are often infractions, which involve only fines but no jail time. But police can still arrest and search you and your immediate belongings for minor offenses when an arrest is supported by probable cause.
So, if officers see you take a swig from a beer bottle out in the open (also called “plain view”), and then return it to your cooler, they can possibly arrest you and search your cooler for the contraband illegal beer. However, this kind of search is only permitted upon arrest (and is known as a "search incident to arrest"); there is no such thing as a search incident to a citation or ticket.
Try to be safe and lawful at the beach, but know that you can draw a line in the sand when it comes to your Fourth Amendment rights. If you feel you have been charged after an illegal search make sure to speak to a local criminal defense attorney for legal advice.
Related Resources:
- Day at the Beach? Don't Get Arrested (FindLaw's Blotter)
- Buzzkills: 3 Places You Can't Picnic With Beer (FindLaw's Law and Daily Life)
- Can Police Search My Water Bottle? (FindLaw’s Law and Daily Life)