“Refusing a search affords instantaneous probable cause for the warrant, provided the stop is legal.”
Exercising a Constitutional right is considered “probable cause”?
It seems to be among the “well if you have nothing to hide” crowd.
No.
Exercising one’s right to free speech does not meant that one cannot incriminate himself by so doing. In a similar vein, refusal of a search incident to a lawful stop is an element a judge may take into account when issuing the warrant. Refusal of a search at the airport is a Constitutional right, but what happens? You don’t get on the plane! The exercise of a right does not immunize one from the consequences. By the way, how can you you deem Constitutional rights so sacrosant when Abortion on Demand has been given such status?