If the officer conducts a search anyway, without a warrant, any contraband will likely be declared invalid evidence by the judge, and any charges will probably be dropped. If the officer does attempt to obtain a warrant and is successful in doing so, the validity of the warrant can still be challenged in court. It is always better to refuse to consent to a search. Whether arrested or not, individuals should always exercise the right to remain silent. Anything a person says to law enforcement officers, reporters, cell mates, or even their friends can be used as evidence against him or her.
Individuals have the right to have an attorney present during questioning.
The right to remain silent should always be exercised. Determining if You Can Leave A person may terminate an encounter with officers unless the person is being detained under police custody or has been arrested. There are times when individuals politely assert their rights and refuse to consent to a search but the officers nonetheless proceed to detain, search, or arrest them. In such cases, it is important not to physically resist. However, I do not consent to this.