My question involves criminal law for the state of: South Carolina
Ok, so here's the story. Before I begin, I will say that I support the idea of "Hands of one is the hands of all" in most cases, but this is beyond ridiculous.
**I was the DRIVER of the vehicle**
The ages of the passengers were as follows: 18 (3), 17 (Visiting), 21
The other night, me and a few buddies were riding back to their dorm. Rolled through a police checkpoint. None of us had been drinking, nor were any of us aware that there was literally ONE EMPTY beer can sitting in the back floorboard. The officer immediately asked me to pull to the side. As he approached my truck, he asked me to open the back door. I began questioning him why he wanted me to perform that action. He then blatantly opened the back door and began asking "where did the beer can go"? Obviously, somebody in the back noticed it and attempted to move it. It was a hot, empty beer can. It was OBVIOUS nobody had drank that night. I would say he did an unlawful search, but I know the officer will claim he saw the beer can through my tinted windows, at night. :|
He then asked who's it was. Nobody said anything because...IT DIDN'T BELONG to any of us. Hell if I know how an empty beer can got in the back of my truck or how long it's been there. (it's been a few weeks since I had cleaned my truck, and the can was probably under the seat, it had been crushed as well so it didn't stand out)
After waiting a long 25 minutes or so, he comes back with 5 tickets. One for each of us. Four minor in possession and one open container (for the 21 year old). I expressed that the 21 year old wanted to claim the freaking empty beer can just to avoid all of us getting a ticket. He then said it was cold and rainy so he was ready to go, and anything else will be done in court in about 3 weeks. He did say if the 21 year old wants to claim it in court, then so be it. Not sure what that means, but hopefully it's an out for the four of us underage. One of the guys in the back requested the officer to administer an BAC test, but the officer said no and walked away. We were just trying to prove NONE OF US HAD A SINGLE DRINK!
What should I do here? I'm a college freshman with good intentions! I also don't want my insurance to go up either. I honestly DON'T think I'm guilty of anything. Should I consult a defense attorney? I think the cop was looking to make the county a buck. All tickets added together is around $2000 for a single vehicle. Not a bad night for them.
Thanks so much!

