You don’t give permission to search the car, the bear phones home and then informs you that you will stay there at that location until the sniffer K-9 shows up in, oh, about 3-1/2 hours....Could be quite lucrative. Unlawful detention. “The right to REASONABLE search and seizure.”
I interpret it this way...
“I do not consentr to a search of my vehicle, am I free to go?”
At which point the law enforcment officer has to make a decision, arrest, mirand-ize you to place you into custody (which IS lawful, it may not be right, but it is lawful) at which time you are compelled to comply to the arrest, but the non consent to the search is still in effect...
I would pull a fast one and request a phone call to your attorney, which in these days is a must have, no matter what the cost...Most times an attorney looks to make money on the back side of situations like this, and when you find one, keep them handy on speed-dial...
Never utter the words “yes” or “no” in your response to the question of search...I know it seems hard to do, but it is necessary to ensure that the ecording of the encounter cannot be clipped to not include context of your statement in response...This is critical, and needs to be second nature to you and anyone with you, including a spouse or family member/friend(s) in the vehicle with you...
Upon exiting your vehicle, lock the vehicle upon your exit and place the keys in your pocket...Do not concent to a search of your vehicle, and your person...Instruct your passengers to NOT unlock or open the vehicle under any circumstances short of immediate life thratening danger to themselves while in your vehicle...
A law enforcement officer cannot legally gain entry into the vehicle if informed of your refusal without a warrant...So emptying your pockets and finding the keys does not give them authority, without a warrant to enter your vehicle before the warrant is served...
Asking the passengers to unlock and give them entry into the vehicle is also illegal, compelling them to exit the vehiccle is also improper for safety reasons, and still as soon as they exit the vehicle, it should be cleverly, and swiftly locked and doors shut as soon as they exit...
Coordinating a situation like this is difficult, but reasonable in these times...But it is necessary and proper to protect your liberties and freedoms...You may have “nothing to hide” but you have everything to protect, and that had better be honored by law enforcement, or their may be problems in the future...
You need to understand that these ideas are not legal advice, and may still not be applicable to specific state laws, but thy do give an idea that needs to be applied to specific state law and situations and adjusted accordingly...
You may very well have to take the “ride” for refusing, and refusing a search of your vehicle and person is NOT probable cause to seek a warrant, but in some cases where these “safety stops” are frequent in your area, they are prepared for folks like us,and you will have to take the ride for your resistance...
It may very well cause you loss of $$$$$$ to defend yourself, and your attorney needs to understand and be prepared and willing to take this issue all the way up,or not be utilized forthis purpose...I’m sure there are a ton of them out there when you lay the situation out there for them that will be ready to help you when the time comes...You just have to find the right one...
The decision is yours, and yours alone...
Just my opinion...