Attorney who stood up for his rights is illegally arrested at a DUI checkpoint in Florida


MassPrivateI

Florida Attorney Warren Redlich was illegally arrested at a DUI checkpoint for exercising his rights!

He even made a “Fair DUI” flyer that explains to police he wants a lawyer and won’t be answering ANY questions:

But when Florida sheriffs heard about his flyer, they threatened to arrest him, if he used it in their jurisdictions!

“I challenge him…to please come to Lee County and drive around,” Lee County Sheriff Mike Scott said. “Eventually he’ll find one of our checkpoints and he’ll try his luck. He’ll go to jail.”

Pinellas County Sheriff Bob Gualtieri said try it in Pinellas and you’ll be arrested.

“It’s about doing the right thing and we are trying to do the right thing to protect the public and keep drunks who kill people off the road,” Gualtieri said.

“The deputy can’t assess the person. And, if you can’t assess them, you are obstructing the investigation,” Gualtieri said.

“Just because you dangle in a bag with your drivers license, insurance card and registration out the window doesn’t mean you’re not drunk.”

DHS/Police use checkpoints as an end run around the Constitution:

“It’s sort of an end run around the Constitution,” New Jersey DUI attorney Evan Levow said of checkpoints. “It’s like a Checkpoint Charlie.”

In 2014 Americans were outraged by illegal police DNA checkpoints.

In 2013 police used fake drug checkpoints to illegaly detain and question citizens.

Judge Napolitano informed Americans everywhere you’re under no obligation to talk to police.

On “Happening Now” today, Judge Andrew Napolitano comments about the DUI flyer:

He said drivers are “theoretically” only obligated to show police their license, registration and insurance information, not say anything to the officer.

Napolitano pointed out that many states have now developed other ways to identify drunk drivers without stopping every car on the road.

He said Redlich’s flyer came about because people usually end up putting their “foot in their mouth” during encounters with police.

“They tell the cops too much. They give the police an opening. Remaining silent does not give them an opening,” said Napolitano, adding that it’s an easier for an attorney to defend someone who hasn’t said anything to police.

Back to Redlich…

Redlich was un-arrested about three hours after he was cuffed and issued a citation instead of getting charged with a crime.

Redlich’s website had this to say about DUI checkpoints in Florida:

“One key feature of my approach is that you do not roll down your window. Florida law requires you to “exhibit” (or show) your license to police. It does not require you to hand it over. I recommend people keep the window closed and press the license up against the window. Some prosecutors and police legal advisors decided to fudge that law (§322.15 of the Florida Statutes) and claim that you are required to hand it over. The Coral Gables legal advisor, attorney Israel Reyes, went further and recommended that anyone who refuses to physically hand over their license be arrested for a misdemeanor – resisting without violence.”

Remember this ONLY applies in Florida, in many states you are REQUIRED to roll your window down partially and you MUST hand a cop your license & registration. In EVERY state you are not required to answer a cops questions otherwise known as a ‘theshhold inquiry’. Click here & here to read about threshold inquiries.

You can invoke your right to silence by saying, “I refuse to answer any questions” or “I want to speak to a lawyer” or “I wish to remain silent.” If you do not clearly invoke your right to silence with such a statement, you may subject yourself to continued questioning by police.

Can you refuse to answer police questions?

Attorney Brett Snider offers this advice:

You can almost always refuse to answer police questions, but depending on the circumstances it may produce somewhat different legal results.

Here is a general breakdown of your legal options when questioned by the police in three common scenarios:

If You’re Stopped On the Street

The right to remain silent isn’t required to be read or spoken to you until you are in police custody and are being questioned.

In Terry v. Ohio, the U.S. Supreme Court decided that police could make brief investigatory stops without probable cause and without violating the Fourth Amendment, assuming they have specific and articulable facts to justify the stop.

When stopped by the police on the street, you can always refuse to answer any of their questions, and you may ask if you are being detained. If officers respond that you are not being detained, you may stop conversation altogether and leave.

If You’re Asked to Come In for Questioning

You need to be in police “custody” in order for an officer to give you a Miranda warning, and consenting to come in for questioning technically does not count as custody.

So if you volunteer to walk into a police station without being under arrest, and choose to answer police questions, you do not need to be read your Miranda rights, the Supreme Court has held.

You can, however, ignore or refuse a request to come in for questioning — but police may then choose to arrest you.

If You’re Arrested

Once you have been arrested, you are certainly in police custody. As you know from your Mirandarights, you can invoke your Fifth Amendment right to remain silent.

Although you can’t exactly walk away from police if you’re under arrest, it is often in your best interest to not speak with them at all, as even idle conversation can lead to legally permissive evidence against yourself.

However, police may continue to question you until you clearly and unambiguously tell (as opposed to ask) the police that you want to speak to your criminal defense attorney.

For more information about checkpoints read:
Police state America 2015: Forced blood draws, DNA collection and biometric scans.
Roadside marijuana breathalyzers coming to a police department near you.

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http://massprivatei.blogspot.com/2015/09/attorney-who-stood-up-for-his-rights-is.html

3 thoughts on “Attorney who stood up for his rights is illegally arrested at a DUI checkpoint in Florida

  1. One thing fed, state and local thug police understand, is a lawsuit. If you win the suit, never, ever, agree to any section that requires a non-disclosure of the amount of the award money. Use at least a part of your award money to advertise the fact that you won and how much you won. Never miss an opportunity to give that department, or agency, a black eye. Organize protests at the mayor’s office, demanding the Chief’s dismissal and accountability for the officers/deputies involved. Keep the issue in the public eye until changes are made. Never accept window dressing as a substitute for real change.

  2. So much for the famous sign that everyone says will prevent police from searching you at checkpoints. The police will do whatever they want and will use whatever made up law or statute they want to enforce their abuse of power and brutality.

    What a joke. I knew that pathetic sign wouldn’t work the moment I saw it. Try doing that to the Round Rock police. They’ll box you in like they did this guy in two seconds and drag your ass on the ground, saying “Stop resisting.”

    Did they really expect psychotic pigs to obey the law, especially when there is no law? How many times will it take before people finally get that THERE IS NO LAW!!! Stop pretending you can fight it in court or fight it with a law that doesn’t exist.

    WAKE THE F**K UP, PEOPLE!!! The only way it will all change is by the power of God or by the barrel of a gun. Plain and simple.

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