An unidentified man reportedly refused to roll his car window all the way down at a DUI checkpoint on July 3 in Hawthorne, California, so police had his car towed with him and his passenger inside (video below).
The man rolled his window down three-quarters and gave a California Highway Patrol officer his driver’s license. However, a Hawthorne Police Lieutenant said the driver was a not obeying “the rules of the checkpoint,” and had the car towed, notes Photography is Not a Crime.
A video of the incident shows the car being towed into a parking lot where police open the driver’s side door, remove the driver and passenger and handcuff them.
Bystanders are heard heckling the police for allegedly ignoring their Fourth Amendment right, which protects them against unreasonable searches and seizures.
The driver appeared to be arrested, but it’s not clear on what charges.
Warren Redlich, a lawyer in Florida, said drivers at DUI checkpoints are not required to roll down their windows or talk to the police, according to a 2015 reports by The Associated Press.
According to Redlich, drivers can simply hold their license and registration up to their window so that the officer can see the documents, and add a card that states they will not speak, are not consenting to a search and are requesting a lawyer.
Redlich said police often use checkpoints to violate Constitutional rights.
“The point of the card is, you are affirmatively asserting your rights without having to speak to the police and without opening your window,” Redlich stated.
“You may have to roll your window down and interact” with police, David S. Weinstein, a former Miami state and federal prosecutor, countered. “These guys are all pushing the envelope.”
The U.S. Supreme Court ruled in 1990 that DUI checkpoints do not violate the Constitution.