{"id":92725,"date":"2024-11-20T15:32:25","date_gmt":"2024-11-20T23:32:25","guid":{"rendered":"https:\/\/portal.bluetogold.com\/?p=92725"},"modified":"2026-09-16T07:01:50","modified_gmt":"2026-09-16T14:01:50","slug":"is-drinking-from-what-looks-like-a-beer-bottle-rs-for-a-stop","status":"publish","type":"post","link":"https:\/\/portal.bluetogold.com\/?p=92725","title":{"rendered":"Is Drinking From What Looks Like a Beer Bottle RS for a Stop?"},"content":{"rendered":"

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<\/a> violation or DUI?<\/p>\n

What happened on the sarsaparilla stop in Florida?<\/h2>\n

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, \u201cYou\u2019re not the brightest bulb in the box, are you?\u201d The retired officer was stunned by this response and wasn\u2019t sure what the deputy was referring to. He didn\u2019t immediately connect the fact that the bottle he was drinking from was what led to him being pulled over.<\/p>\n

When the retired officer asked, “Why am I being stopped?” the deputy responded in a sarcastic tone, \u201cClearly, you\u2019re drinking beer.\u201d The officer showed the bottle to the deputy, and the retired officer explained that it was sarsaparilla. After sniffing the bottle, the deputy said, \u201cYou\u2019re lucky this time,\u201d and let him go. Another deputy then arrived, blocked the car, and pulled out a breathalyzer. The original deputy said, \u201cNah, we\u2019re good. Just go away.\u201d<\/p>\n

The officer also told the retired officer, \u201cYou\u2019re lucky I\u2019m a retired officer,\u201d which I think was meant to express that, if not for his background, he would have complained about the deputy\u2019s unprofessional attitude. The retired officer responded, \u201cI\u2019m free to question a traffic stop,\u201d and pointed out that the deputy was being unprofessional. The officer seemed to take this as a threat. Personally, I don\u2019t 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.<\/p>\n

Why does professionalism on a stop matter later?<\/h2>\n

I always say, don\u2019t forget that one day you\u2019ll be retired and will be policed the way you\u2019ve policed others. What goes around comes around. I\u2019m not claiming I\u2019ve never been unprofessional or said things I later regretted, but I\u2019ve matured in my profession. I\u2019ve 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\u2019s also what society expects. And, frankly, it\u2019s what you\u2019d want if you were the one being pulled over.<\/p>\n

Is a brown glass bottle reasonable suspicion for a stop?<\/h2>\n

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\u2019s 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.”<\/p>\n

What extra facts would change the answer?<\/h2>\n

Simply drinking from a glass brown bottle doesn\u2019t give you reasonable suspicion<\/a>. 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.<\/p>\n

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.<\/p>\n

Related from Blue to Gold<\/h2>\n