I think that's the best response.
> “Am I being detained or am I free to go?”
Key question. Taking of DNA samples is a search and should require probable cause.
As a retired LEO the only response is Am I being detained? Following their mumbling response with, am I free to go?
Cops don’t like being told no, but even worse is a citizen who reminds them of their constitutional authority. A lot of evidence is collected from complaint citizens. Cops need documentable probable cause to conduct these seizures and they know it.
I expect their collection process includes a signed waiver of your rights.
Your call if you want to cooperation, but suggest you turn on the video camera on your phone. Cops hate to have their actions recorded.
That is an interesting question in this context.
I am trying to imagine this situation.
You are ordered into a parking lot....then what. Ordered out of your car? Ordered to breathe into a breathalyzer, then ordered to submit saliva, and then blood?
So where in any of this is probable cause? I am somewhat understanding of a checkpoint where you roll down your window...most people who have had a couple of drinks, reek of alcohol...it’s unmistakable. So the question of: have you been drinking, is really a trick since they are asking a question they already know the answer to.
But in this case, where is the probable cause for a field sobriety test that is this invasive? If you cannot smell it on my person, then why would one need to submit samples like this?
In most places, I would assume, that refusal of a field sobriety test is the equivalent of an admission of guilt, and your license is suspended immediately and the maximum penalty is meted out at your court date.