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Attorney who suggested the "Zip Lock" solution for DUI checkpoints is arrested (FL)

BB62

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Attorney who suggested the "Zip Lock" solution for DUI checkpoints is arrested (FL)

http://thefreethoughtproject.com/dui-checkpoint/

"Warren Redlich, the Florida attorney who pioneered a method of silently asserting constitutional rights at DUI checkpoints, called the “Fair DUI,” has been arrested at a checkpoint in Coral Gables, Florida.

However, the attorney didn’t end up at the Coral Gables DUI checkpoint by chance. Redlich intentionally targeted the municipality after they enacted new policies for DUI stops, threatening to arrest motorists for simply refusing to roll down the window.

“I deliberately went there. It was to make an example out of Coral Gables,” Redlich told CBS 4. “They adopted a policy that was more extreme than anything I had ever seen before.” (end of article quote)
 
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skidmark

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http://miami.cbslocal.com/2015/09/03/fair-dui-creator-arrested-at-dui-checkpoint/

After Redlich’s “Fair DUI” program gained national attention, Coral Gables attorneys took a closer look. “They adopted a policy that was more extreme than anything I had ever seen before,” Redlich claims. Essentially, refuse to open your window at the checkpoint and you can be arrested. Redlich was so upset by the policy he says he tried contacting the city attorney. “You don’t get to charge me with a crime. The legislature said this is the penalty. You don’t get to stack on new penalties.” The penalty he explained, usually, is a non-moving violation. A ticket. In Coral Gables though Redlich spent three hours in handcuffs.
“I am confident I’m right. And I’m confident they are wrong,” Redlich summarizes.
In the end officers decided to release him. He ended up with just a ticket for failing to exhibit a driver’s license. He suspects officers realized they couldn’t arrest him.
Craig Leen, Coral Gables City Attorney, clarified that for CBS4. “He’s wrong.” Leen said. Leen says the officer has discretion. He added Redlich could still be charged with obstruction of justice. Leen called the situation sad. “He’s playing a game. He’s not here for any purpose but to obstruct the DUI checkpoint and that’s wrong,” according to Leen.
The City is considering their options.

Thunderdome. Two men enter. One man leaves.

SPOILER ALERT:

DUI checkpoints will be found to be legal as a narrowly defined compelling government interest. Fishing expeditions for the odor of alcoholic beverage, sans any other indicator of impaired/erratic driving, will be found to be improper searches. The display of a driver's license and motor vehicle registration will be found to be sufficient. The City of Coral Gables, and City Attorney Craig Leen, will be butt-hurt.

stay safe.
 

Fallschirjmäger

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Cumming, Georgia, USA
Ticketed for "Obstruction of Justice" for refusing to cooperate. It will be interesting to see if the courts make a distinction between not being cooperative and actively resisting, obstructing or opposing.

843.02 Resisting officer without violence to his or her person.—Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
 

color of law

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DG v. State, 661 So. 2d 75 - Fla: Dist. Court of Appeals, 2nd Dist. 1995
https://scholar.google.com/scholar_case?case=3696147604794138987&q=843.02&hl=en&as_sdt=4,10
If a police officer is not engaged in executing process on a person, is not legally detaining that person, or has not asked the person for assistance with an ongoing emergency that presents a serious threat of imminent harm to person or property, the person's words alone can rarely, if ever, rise to the level of an obstruction. Thus, obstructive conduct rather than offensive words are normally required to support a conviction under this statute.
The attorney supplied the police the required information they needed to verify who he is, ownership and proper licensing.
 

Ezek

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missouri
http://thefreethoughtproject.com/dui-checkpoint/

"Warren Redlich, the Florida attorney who pioneered a method of silently asserting constitutional rights at DUI checkpoints, called the “Fair DUI,” has been arrested at a checkpoint in Coral Gables, Florida.

However, the attorney didn’t end up at the Coral Gables DUI checkpoint by chance. Redlich intentionally targeted the municipality after they enacted new policies for DUI stops, threatening to arrest motorists for simply refusing to roll down the window.

“I deliberately went there. It was to make an example out of Coral Gables,” Redlich told CBS 4. “They adopted a policy that was more extreme than anything I had ever seen before.” (end of article quote)

so the city municipal code is now FORCING citizens to give up their 4th and 5th amendment rights? this local "law" should be placed under scrutiny of a higher office.
 

travr6

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Mar 13, 2015
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Location
Louisville ky
We need more people like this guy.
I have only seen 2 dui checkpoints in my life and I turned around for both of them.

Both were before I heard of this guy. He also didn't have one of these zip lock bags for ky the last time I looked.
 

countryclubjoe

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nj
The license is a contract and since he contracted with the state for said license, he is bound by their rules and regulations of said license.. While I personally believe his 4th and 5th Amendments were violated, I also believe that having the contract/license with the state gives the state jurisdiction over him... The caveat however is that he did present the documents required and the last time I checked invoking ones 5th Amendment right to remain silent was not a crime. (obstruction)..

How lame is the District Attorney in that city? Also who pays the tab for all the LEO out there conducting the check point and violating the rights of citizens.

Do we as citizens no longer have a God given right to be LEFT ALONE?

I hope he prevails in Federal court, I see some USC 42 1983 violations going on against him.

My .02
Regards
CCJ
 
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color of law

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BLACK'S LAW DICTIONARY 4th. edition:
LICENSE. Certificate or the document itself which gives permission. Aldrich v. City of Syracuse, 236 N.Y.S. 614, 617, 134 Misc. 698. Permission or authority. Independent School Dist., Class A, No. 1, Cassia County v. Pfost, 51 Idaho 240, 4 P.2d 893, 897; Monsour v. City of Shreveport, 194 La. 625, 194 So. 569, 571; Platt v. Bender, La.App., 178 , So. 678, 682.

Motor Vehicles
License to operate motor vehicle is mere privilege, and not a contract or property right. Garford Trucking v. Hoffman, 114 N.J.L. 522, 177 A., 882, 887; Blashfield, Cyc. of Automobile Law and Prac., Perm. Ed., § 580.
My bold.
 

travr6

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Louisville ky
No, it's not probable cause, it's reasonable suspicion. And if that reasonable suspicion is wrong, oh well, have a nice day.
Reasonable suspicion does not allow an officer to search without consent. It only allows for a brief detainment.

Probably cause is required to search.
 

notalawyer

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Florida
Ticketed for "Obstruction of Justice" for refusing to cooperate. It will be interesting to see if the courts make a distinction between not being cooperative and actively resisting, obstructing or opposing.

Actually no.

During his detention by Coral Gables police, Redlich spent over three hours in handcuffs. In a telling move, police released him. He ended up with just a ticket for failing to exhibit a driver’s license, an obviously bogus charge, as the ID was displayed in the clear bag he presented to police.
 

notalawyer

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Jun 19, 2012
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1,061
Location
Florida
Yes after arrest.
They cannot conduct a search without arresting you based upon reasonable suspicion.
Reasonable suspicion is used to detain in an attempt to get consent for a search.

He was arrested.

They cannot conduct a search without arresting you based upon reasonable suspicion.
Arrests require probable cause not just reasonable suspicion.
 
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