I got a question for you LEO's. What makes you decide to call for a warrant if you ask to search a car and the person refuses?
That would be a hard call IMO, hate to let a bad guy go and hate to worry a judge for nothing...
At our dept, we have to call the road supervisor to the scene. He/she will have to make the decision. Depending if the boss is pro-active then the car will be siezed and towed back to HQ. The occupants will be detained and transported to HQ. Or if the boss doesn't want to get you to involved in anything, you will be cutting the guy loose.
If the call goes bad, the supervisor is ultimately responsible. Most won't want to jeopardize their career and will tell you to let them go.
I remember back in the day when I stopped a car and I smelled weed, I pulled the occupants out, did a quick search of their persons and searched the car finding guns, weed and other contraband. Ah the good ole days but not anymore.
Yep NJ is all messed up with their case law.
Billy T.
gnxtc2@aol.com