I would like to speak with an attorney who is familiar with…

I have a couple of questions…

1. As a passenger in a parked vehicle, what are my rights if the owner/operator of the vehicle has an open container?2. Does an officer automatically have the right the search the passenger’s belongings after being told he does not have consent?

Here is what happened yesterday…The facts of yesterday are as follows:My friend and I were parked in the parking lot of a public city park. I was the passenger. We were in the vehicle speaking.My friend was drinking a beer and had numerous empty alcohol cans / bottles in the car (about 5) from previous nights. Unbeknownst to me, there was an empty bottle of tequila under my seat. I was not drinking that night.A cop car came speeding up to us, and two officers got out. They approached the vehicle and said they received a call about a suspicious vehicle.When my friend realized cops were pulling up, he put the beer can that he was drinking in the backseat.The cops states that he saw my friend put an open container in the backseat and asks us to step out. I step out as the passenger.The cop asks general questions, and I informed him that we were just talking in the car. And he informs us that the park closes at dark (we didn’t know). So, i apologized for not knowing.He then asks for my ID, and I stated that I’m unsure if I’m required to give him that. He states that since I’m being detained for open container I need to provide this.HE THEN WALKS OVER TO THE CAR AND OPENS THE DOOR AND BEGINS LOOKING THROUGH THE VEHICLE.At that point, I said, “No, excuse me. I don’t think you can do this. You cannot go ahead and search the vehicle without consent.”He then handcuffs me and detains me for interfering with his investigation.He asks me a series of questions. I informed him that I was remaining silent and that I do not give consent to search me or my purse (still in the vehicle’s passenger seat).I watched him search my purse anyway.I am a concealed weapons holder, and I carry in my purse. The firearm is concealed and in a holster/cover deep in my purse.The cops walks up to me and asks if I’m a cwp holder, or else I’m going to jail for unlawful carry of a firearm. I remained silent. (The only way he knew about a gun is because he searched my purse without consent).My friend later on gives consent to search his car. I make it known once again that my purse is off limits. He continues searching my purse.The cop comes back to me and reads me my rights. I declined to answer any questions and continued remaining silent. He informed me that I’m under arrest for unlawful carry of a firearm. I laughed and asked him if he was sure he was going to do that. I then said, “ok, let’s go to jail.”My friend heard this and told the cops that i have a permit. The cop goes through my purse again, opens my wallet and grabs my cwp.He had taken my weapon out of my purse and put it in his vehicle. He had taken all ammo out and secured the weapon. He returned it to me by telling me he was placing it in the trunk and to remove it when he leaves for his safety.Do I have standing to file suit as a passenger?

Hmm… injury / damages? What about punitive damages?

Strange…Ok

Ok… but isn’t this a violation of my protection against unlawful search and seizure?

Ok. Thank you. And falls under the 1983?Injury and damages would arise if they had taken me to jail?

Lastly, it seems as if rights can be violated without recourse, as long as “damages” aren’t done… am I correct?

Thank you