Does an Open Container Allow Further Search of a Motor Vehicle?

Today’s question comes from an officer in Texas. Here’s the scenario: A Texas officer conducts a traffic stop for speeding. While interacting with the driver, the officer observes a can of beer in the center console. The driver confirms that it’s an open beer. In Texas, an open container violation is not an arrestable offense, and the driver is not suspected of being intoxicated. The officer can ask the driver to hand over the beer, but in this case, the driver refuses. The question is: Does this refusal provide probable cause to search the passenger compartment to recover the open container and possibly find additional open containers?

The answer is a hard yes.

One of the best cases to reference on this issue is State v. Rincon (2022) from Iowa, decided on February 18, 2022. I’ll include a link to this case in the description below, which also summarizes numerous other cases on this topic. But the key takeaway is this:

1. Is the open container evidence? Yes.
2. Is there probable cause to believe that additional open containers might be in the vehicle? Yes.

In this case, the officer isn’t necessarily arresting the driver; at most, they might issue a citation. But the officer may want to retrieve any other open containers before letting the driver go. This is where probable cause comes into play.

Some might argue, “But Anthony, you can issue just one citation for an open container.” That’s true, but let the court decide the punishment. For example, a person driving with six open containers could face more severe consequences than someone with just one. This is part of the criminal justice process: finding evidence that supports the charge, showing ill intent, and proving that the individual is a flagrant violator of the law.

The key point is that even if the law doesn’t explicitly require further searches once you have enough evidence, you still have the right to recover all relevant evidence, which could include multiple open containers.

I hope this clarifies the issue.  Stay safe, and if you found this helpful.