Not talking Guantanamo Bay sort of scenario, more like, pulled over and cop wants to search my car and I refuse permission sort of thing. We’ve hashed out (hah! sorry, little drug pun there for ya) before that no, you don’t have to give permission and yes, they do need a warrant to search without it. (Can we work off the assumption that there’s absolutely nothing illegal in my car for the cop to smell or see, and that I’m refusing because it’s my Constitutional Right and not to hide anything?)
So he says, “Can I search your car?”
And I say, “I’m sorry, Officer, but in accordance with my 4th Amendment rights*, I do not consent to any searches of my private property.”
He keeps writing or staring at the sidewalk or whatever, and I say, “Sir, am I free to leave?”
And then what? If he says no, then long can he keep me waiting there without actually arresting me? Could he call in for a warrant and make me wait while it’s processed and approved? Could he make me follow him to a police station or courthouse to pick the warrant up?
Or, away from drug laws and traffic stops, say I witness a traffic accident or a crime and the cop wants to hear what I have to say about it. I’ve heard of people being charged for leaving the scene of an accident, or the television favorites “restricting an officer in his line of duty” or “impeding an investigation”. How long to I have to stick around to be safe from that sort of charge?
I’m interested in answers from all over, as I’d like to see how the laws vary by geographic area.
*okay, that part makes me sound like a jerk. How can I phrase that in nonjerkese?
