Does anyone have a link to the case law that clearly states that you need to fight to defend your rights, because if you just remain silent and do not defend your rights it is seen as waiving them?
I have read it, I had it saved on an older laptop that I do not use anymore and have not been able to find it since.
In basic terms, the courts have determined that you need to proactively defend your rights, or you are seen as voluntarily waiving them.
So I call BS on standing idly by and letting a cop do a search. I object very clearly, and very loudly. You may get lucky in court by standing idle while a cop violates your rights, but you'll have a much better chance in court by fighting tooth & Nail to defend your rights during the stop should something be found that you should not have. I have been cuffed and stuffed in the back of a cruiser swearing like a drunk sailor to stay the "F" out of my vehicle, and I will do it again if the unfortunate situation ever happens again.
They disrespect me or my rights, they deserve and will get no respect from me!