And what I'm getting at is that in that circumstance, not using Tor is worse, because at that point they have a weak case but are now searching your residence to backfill their case with whatever circumstantial innuendo they can dredge up from a fishing expedition. If you've actually been using Tor then they get less of your browser history and are deprived of material to take out of context. Instead they're left with only the rhetorical argument you propose, which is still weak.