Originally Posted by digitalCajun
- You can't say "no" because that's lying
- You can't say "I have nothing illegal" because you may have inadvertently broken some kind of law
- You can't say "yes" because then that's PC for a search
So what's the suggested answer here?
Lying to a local (city/state/county) cop is not generally a crime [lying to a FEDERAL agent probably is though, so shut up and get a lawyer]. Certainly saying I have nothing illegal to a local cop when that seems to be the case, regardless of some unknown factor, does not seem like something likely to be prosecuted. If you are really that concerned, say nothing. Nothing can't be used against you, and it can't be used at PC for a search either, because it's just that: nothing.
Originally Posted by RivCoFireman
Instead of "I have nothing illegal in my car" Which seems like evading to me. Whats wrong with invoking your 5th amendment right against self-incrimination? Afterall, anything you say can and will be used against you. Merely invoking doesn't give PC, does it?
PC is an exception to the right to be free from search without a warrant. You don't waive one right by exercising another.