Is Drinking From What Looks Like a Beer Bottle RS for a Stop?

Does drinking from a brown glass bottle, similar to what a beer bottle looks like, give an officer reason to suspect a violation and stop someone to investigate a potential open container violation or DUI?

So, look, this question comes from a retired officer who wanted to bring something to my attention. He was in Florida, sitting at a stoplight, drinking a sarsaparilla. I guess it’s similar to root beer, and it comes in a brown bottle, like a lot of root beers do. He was drinking from it when he saw an officer pull in behind him and initiate a traffic stop. The deputy immediately tells him, “You’re not the brightest bulb in the box, are you?” The retired officer was stunned by this response and wasn’t sure what the deputy was referring to. He didn’t immediately connect the fact that the bottle he was drinking from was what led to him being pulled over.

When the retired officer asked, “Why am I being stopped?” the deputy responded in a sarcastic tone, “Clearly, you’re drinking beer.” The officer showed the bottle to the deputy, and the retired officer explained that it was sarsaparilla. After sniffing the bottle, the deputy said, “You’re lucky this time,” and let him go. Another deputy then arrived, blocked the car, and pulled out a breathalyzer. The original deputy said, “Nah, we’re good. Just go away.”

The officer also told the retired officer, “You’re lucky I’m a retired officer,” which I think was meant to express that, if not for his background, he would have complained about the deputy’s unprofessional attitude. The retired officer responded, “I’m free to question a traffic stop,” and pointed out that the deputy was being unprofessional. The officer seemed to take this as a threat. Personally, I don’t see how it could be considered a threat, but I wanted to share this story for two reasons. First, to analyze it from a legal point of view. And second, as a reminder for officers to be professional and courteous in their interactions.

I always say, don’t forget that one day you’ll be retired and will be policed the way you’ve policed others. What goes around comes around. I’m not claiming I’ve never been unprofessional or said things I later regretted, but I’ve matured in my profession. I’ve learned that talking to people professionally and not jumping to conclusions is the way to go. Treating people courteously is not only what your agency expects, but it’s also what society expects. And, frankly, it’s what you’d want if you were the one being pulled over.

Now, to answer the legal question: No, drinking from a glass bottle, in and of itself, is not enough to justify a traffic stop. Let’s think about “reasonable suspicion.” If the court were to uphold this stop, what they would essentially be saying is that you could pull over anyone drinking from a brown glass bottle. If that were all you had as evidence, you would be saying, “Your Honor, I saw him drink from a glass bottle. It looks like a beer bottle, so I pulled him over.” That opens the door for every root beer to have a warning label that says, “Do not drive and consume.”

Simply drinking from a glass brown bottle doesn’t give you reasonable suspicion. Now, if the bottle looks like a Bud Light bottle, or there are additional factors like the person’s behavior, that could change things. But just a brown bottle with no other context is not enough.

I hope this helps. I really enjoy when you guys reach out to share what’s happening in the field so I can offer my advice. Until next time, my friends—stay safe.