So exactly what do you say when you refuse? I would hope I wouldn’t consent to a search just on general principles, but I’ve never been in that situation and am not sure how to word my refusal so that it’s polite but assertive.
It is really situational, and you have to read the cop carefully. Most of the sizing up takes place during the initial dialog of why you were stopped. Be polite, but not too deferential. Short sentences work best. Normally the request to search will not come until the main business is done. This is almost always true if you were stopped because they think there is something hinkey but are not sure what and the main goal of the stop is a search (think I-95 north)
Many of my tactics are based on being on a motorcycle. For example when possible I stop along the street or highway in a place where I can not put the bike on the side stand and the cop has to approach me from the left side. Never had a cop figure that out at the time. It means that they have to be near traffic to talk to me and allow me to move elsewhere so before they can look at anything. They are trained not to let you drive off until they are done with you, and yet know its not safe to look in even the tank bag with me on the bike. I also get all my docs out of the glove box (we have them on bikes too) and relock it before they come up. Locked glove boxes are the norm on a bike and an attention getter in a car. I also take off my gloves, and flip open/remove my helmet. That gives them no excuse or opportunity to look anywhere except in the tank bag (immediate reach/covered by Terry) and nothing of any possible interest is in plain sight (another key issue)
For the rest of the deny process checkout:
http://www.flexyourrights.org/frequently_asked_questions
http://www.aclu.org/FilesPDFs/dwb%20bust%20card7_04.pdf
http://www.legalzoom.com/articles/article_content/article14779.html
http://www.erowid.org/freedom/police/police_consent1.shtml
http://www.azstarnet.com/metro/193623
http://www.expertlaw.com/library/criminal/police_stops.html
of all of the above http://www.flexyourrights.org/ is the best.
Clearly none of the above will dissuade a cop if they think I am an axe murder suspect. . But if its general curiosity, its enough for them to go find some other victim. I also ride clean. No loud pipes, nothing that looks like gang color etc. I look like what I am, an older motorcyclist on well used but well maintained bike who rides in full gear. Nothing that fits any profile. I’m similar in my car.
Another point. I always record all interaction. Non I-pod MP3 players often have a microphone and recording capability. Turn it on when you are approached. It may be illegal in some jurisdictions, but it could be the tipping point in terms of who said what later if needed. Its never been found.
Some could take this as an anti-cop rant. Its not. I stay on the right side of the law, even when its bad law. However, I hate LEOs who treat all of us like criminals without regards to our rights. I will mildly protest but not put up a fight in real time, but when an LEO does step out of line, I make sure he feels it later via his superiors, politicians, and the media.