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!
Pinellas County Sheriff Bob Gualtieri said try it in Pinellas and you’ll be arrested.
DHS/Police use checkpoints as an end run around the Constitution:
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:
“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.