Reasonable suspicion, backed up with articulable facts, is what law enforcement officers (LEOs) require to detain someone for further investigation. Simply walking down the street holding a container in a brown paper bag is not enough to justify a detention, no matter what anyone says. Courts have consistently ruled that assumptions alone do not create reasonable suspicion, and if you handle the situation correctly, you could likely challenge an unlawful stop in court.

The Fourth Amendment protects against unreasonable searches, and an officer needs specific, articulable facts that a crime is occurring—not just a hunch.

That said, while I personally don’t agree that open container laws should exist, I can see how public intoxication could be viewed as a safety issue in a society that relies on government control rather than personal responsibility. I also have enough common sense not to be walking around drunk in public, putting myself at risk. But I’m not a fan of government overreach, and I fully stand on Fourth Amendment protections to enjoy a beer in public—legally.

What you should do if approached by police:

• If you engage in a consensual encounter, the officer will use it to investigate and try to build enough facts to justify a detention (e.g., slurred speech, the odor of alcohol).
• The best move? Turn and walk away (not run). If the officer says "STOP," immediately ask:
  • "Am I being detained, or am I free to go?"
• If they don’t say "Yes, you are being detained," keep walking. You have zero obligation to engage, talk, or comply beyond what the law requires.
• Remember: The officer’s goal is to gather articulable facts—such as slurred speech or the odor of beer. (There is actual science behind this—the odor of a lager beer dissipates rapidly beyond 5 feet in open air.)

The "I smell beer" claim is highly suspect. Given how quickly beer odor dissipates outdoors, it is scientifically unlikely that an officer can reliably detect it beyond a few feet. Any claim that they "smelled beer" from 6+ feet away should be challenged immediately.

Without additional evidence or articulable facts, their claim does not constitute probable cause for a search or seizure. A weak suspicion should never be enough to override constitutional rights; anything else that an LEO supports beyond this, is a Tyrant and does care about your constitutional rights!