Normally, refusal of consent can’t be used against the defendant, but it can if there is case-specific relevance, such as evidence of consciousness of guilt, citing Leavitt v. Arave, 383 F.3d 809, 828 (9th Cir. 2004). Ace v. State, 2018 Alas. App. LEXIS 99 (May 9, 2018) (memorandum).
State law said “warnings are required only when law enforcement officers seek entry to conduct a consensual search for contraband or evidence of a crime [in a home]. … These warnings are not required when the police are seeking entry into a home to question a resident in the course of investigating a crime.” The protective sweep here was by consent. State v. Blockman, 2018 Wash. LEXIS 330 (May 10, 2018).