Remember these words:
“Am I being detained, or am I free to go?”
There’s no “grey area” on that answer. They are either detaining you, for which they have to have a warrant or probable cause, or you are free to go. It’s literally that simple.
“I do not consent to any searches.”
This includes DUI tests. Your license might state that a condition of your driving privilege is that you consent to any sobriety tests, but that does not preclude your right to assert your 5th amendment right again self-incrimination. At worst, you’ll have to get a hardship license. At best, they’ll send you on your way.
“I wish to assert my right to remain silent.”
Even if you just rolled down your window to hand the nice officer your license and registration, you have the right to sit there, eyes front, hands at 10 and 2 and be completely silent. You don’t have to answer a single question. If they ask, just tell them that you are asserting your right to remain silent. It’s a right extended to EVERYONE, regardless of their reason for being on the road or anywhere.
The police do not have a right to ask you any questions, and if they want to search your vehicle, you either have to give them your consent or they have to produce a warrant. Even a K9 “hitting” on a scent from your car is not a right to search your car, it’s probable cause which is grounds to get a warrant. That is all.
Consenting to the police NEVER ends well, and you’ve learned that lesson first hand. They are in the business of revenue generation in the form of fines, probation costs, etc. They are NOT in the business of protecting you.
I had a K9 'hit' on my property last November...I'm SURE the six cats on the property had NOTHING to do with that...the damn mutts are WRONG 55% of the time, and should never be consider 'probable cause' IMHO.
Dogs are smart and want to please their handlers.
If the handler is convinced you have contraband, the dog may pick up on his unconscious clues and "hit" on that. (google Clever Hans, the mathematical horse for further details)
Good boy! Here's your treat!
And you, Citizen, here's your handcuffs and permanent arrest record....