[dredmorbius]

True story: I was driving home after a long day out with friends (hiking with some, dinner with another). Started feeling very sleepy, pulled off the freeway to take a nap. Woke with a flashlight in my face and highway patrol knocking on my window.

Exited the car, locking it. Identified myself and presented ID. Refused consent to search the vehicle: "I don't consent to any search". Officer implied strongly that he could get a warrant (it's around midnight). "You do what you've got to do, I don't consent to a search".

Got breathalyzed (I could have refused this but that would have required a trip for a blood draw), which was clean (hadn't consumed any alcohol for hours). Eventually allowed to go on my way.

Later realized I had a couple of prescription painkiller pills given by a friend (for severe pain I was experiencing at the time) which probably wouldn't have been a good thing to turn up in a search. The This American Life drug court segment relates a story that could have been very similar to mine.

You have rights. But only if you assert them.

[sliverstorm]

And it is up to each individual to elect when to assert them. That's another one of our rights.

[dredmorbius]

Given the premise of the original article, electing not to assert your rights isn't particularly safe.

Note that when I did assert my rights, I really didn't have any reason for doing so other than that they are my rights. It was literally a couple of years later that I made the association between the stop and the possibility that I may have been carrying what were technically illegal drugs.