Originally Posted by RedSnapper

If one were arrested pursuant to failure to waive his 4th amendment rights and consent to a search, what would be the charge? True, officers don't like it when people fail to waive their rights, they'd rather everyone consent to searches, everyone not call their lawyers, everyone voluntarily confess to crimes, et cetera. Asserting your rights might be "suspicious", but is it "reasonable suspicion"? How exactly can that legally be used against you?