Quote:
Originally Posted by Wolferz
I would say that refusing a search would be an exercise in futility and would only serve to make the officer suspicious.
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It might make them suspicious, but giving them permission to search your vehicle removes some of the protections you have. There are proper and appropriate procedures that the police need to follow. I find nothing objectionable with holding the police accountable for their own procedures.
I would never be rude or antagonistic to a police officer (I am always respectful) . But at the same time, I am not going to voluntarily waive my 4th amendment rights when there is no advantage to me.
Remember the six important words you need to respectfully ask a police officer: "Officer, am I free to go?"
If the answer is no, then you are under apprehension and there are rules and procedures and you have specific protections under the law.
If the answer is yes, you are not under apprehension. Anything you do/say/agree to is considered voluntary and you lose specific protections under the law.
If they refuse to give you an answer, respectfully ask again.
There are very few rules that prevent a citizen from voluntarily waiving any or all of their rights. Unfortunately, there are police officers who will strive to give you the impression you are under apprehension while you are not actually. Then anything you say or agree to is you voluntarily waiving your rights.
Once you voluntarily waive your rights, it is difficult to reclaim them.