I was stopped on the Rosebud reservation in SD a number of years ago on a state highway for speeding.

The officer asked me where i was going and where I came from. I told him from my home in NM and I was going to ND to see some relatives. He took my id and papers to his car and came back with the citation filled out except for the checkbox that made a warning a violation and asked if he could search my motorcycle. I took that as he would give me a warning if i allowed the search and I would get a citation if I said no.

I said: “I will not give you my permission for a search.” He looked shocked and asked me why not? I asked if he was looking for drugs and he replied yes. I said that I didn’t have any drugs, that the search was a waste of his time and mine, that it would be dark in a few hours and I wanted to ride as much in the daylight as possible. “May I go now?”

He gave me the ticket and told me to slow down. Which I did until I passed the leaving the Rosebud Reservation sign.

Years ago, I used to get harrassed by LEO in the town I lived in, along with the one I worked in, as they were right next to each other. Not only that, but I didn’t live very far from my town’s police station, and not very far from the police station where I worked either. So there seemed to be numerous squad cars out at any time, day or night, and they all seemed to be after me for one thing or another. And it was always the same BS, meaning that I had “somehow” done something illegal or something was “wrong” with my vehicle, that made them stop me. In any case, they always accused me of being drunk and/or high (although I never was), and automatically insisted that they should search my vehicle because of this. I always said NO, and clearly stated that they were not allowed to do so, and that no, I had nothing to hide (just like I was not under the influence of any substances, legal or otherwise). Of course they would argue with me, and try to make me confess to something or whatever, so that they had probable cause to search the vehicle anyway. Sometimes I would just tell them that they were just looking to score something for free (that I didn’t have), or that they were going to plant something on me out of spite (because I didn’t have anything). Sometimes, even arguments almost coming to blows would ensue, but my vehicle was never searched, because I always held my ground. Yes, there were plenty of times that they would write me up for some BS, even though they & I knew that it was just that (since the officer, of course, needed to save face). But hey, what do they care? I would go to court, and I would have to pay court costs anyway, so they always “won” in that case (only one time did the officer apologize to me when I showed up for court, but like I stated before, I did try to tell them they were in the wrong & they wouldn’t listen to me). But I never relinquished my rights, and eventually, the one town was investigated by the state for basically lying about their arrests to make themselves look “tough on crime” (that was during the major crackdown of DUI/DWI’s). I’m just glad I finally moved away from there, and not surprisingly, haven’t had any trouble at all since then…

I often tell people what my attorney relatives and personal attorney has told me:
“Upon the advice of my attorney, I do not consent to any searches without my attorney present or a court-ordered warrant is presented.”

Here’s the main issue with refusing a search. If you are arrested, they are allowed to search your car, but only to the point of cataloging what is in the car before it is impounded. It would be almost impossible to have a friend or family member be authorized to take the car. Obviously, the LEO is intent on searching it.

You should know your rights. Per the Supreme Court in Rodriguez v United States, “a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures.”

It is wise to know this and share this if they ask to search.

Now, I share this contingent on your situation. If your behavior suggests any issues, such as substance abuse or intoxication, all bets are off.

For me personally, I have not been asked about searching my car. I have been pulled over without cause, though.
The officer tried to fish for a lot of information, to which I established clearly in the stop that he had stopped me without cause. He eventually realized that he was in the wrong and released me.

I was driving my dad’s truck and apparently the tow hitch blocked one of the numbers in the license plate so the police officer stopped me. He asked where my boyfriend was(he was into some bad things and well known by the cops). He then asked to search my car I said no and he asked why. I said because I don’t have to but if you want the to ask the owner of the vehicle, my dad is out of town at the moment. He continued to harass me until he was able to get 3 other officers to come as backup. I said it must be a slow night if it takes 4 police cars for a partially blocked license plate. They said that I “was acting suspicious and they had the right to search the car” so about an hour later and nothing to show for it I got all their badge numbers and filed a complaint for harassment.