Thank you.
I have no reason to doubt this is true. And as such, WHY do so many FReepers say "No searching"; knowing this will be the result? Isn't it better to consent to a search rather than spend hours in jail/court, hundreds of dollars on towing and impound fees and perhaps thousands of dollars on attorney fees?
Or...
Is refusing to be searched the best alternative because most LEO's will back off and let you leave without an arrest?
The two questions you should ask during any interaction with a police officer.
Am I under arrest?
Am I free to leave?
I really don’t think the police can bring you to jail for simply saying “No” to a request to search your vehicle. Then again, I’m not a lawyer. Maybe someone else can step in here.
If your car is impounded for what is normally a ticketable offense(”tag and release”) , you’d have a good court case. Especially if you add in the circumstance of having said “no” to a search and then waiting for a warrant that never comes.
I’d say you’d probably win some money,too. (yaxpayer funded of course)
A LEO who has absolutely nothing on you and pulled you over for a minor infraction like a tail light out is going to use every possible means at his/her disposal to pin a larger charge on you if they don’t like you or they’re having a shitty day. If you so much as have a bottle cap from a beer bottle in your car from 10 years ago, that’s probable cause to believe you’re intoxicated. In the case of OP, he got jammed up for an Adderall prescription that the cop claims was the wrong dose for what was on the bottle. If they’re noticing a lot of trafficking going through a particular neighborhood or if your car fits the description of a vehicle at a local drug house or an APB for a stolen car fitting a specific description, they’ll look for anything to jam you up if you give them a hard time.
You MUST commit to and know your rights. If you show even a moment of weakness, if you let them search, if you let them talk you out of your car for no good reason, they’re going to find SOMETHING to pin on you. It is their job. Law enforcement is no longer about enforcing the law. It’s about closing cases and raising revenue. Period.