Earlier this year, Florida attorney and civil rights activist, Warren Redlich, created the “Fair DUI flyer” in response to the proliferation of unconstitutional police checkpoints across the United States. By holding the flyer up to your car window, along with your driver’s license and registration, you can quickly assert your rights and provide all of the information that you’re legally required to give to a police officer, without actually interacting with said officer. This prevents the police from using subjective excuses like smelling alcohol or hearing slurred speech to detain you. The flyer has since been used successfully by many other activists and concerned citizens.
However, some of the police departments in Florida don’t agree with Redlich’s interpretation of the law, and won’t recognize the flyer. This is despite the fact that Florida state law clearly requires you to “exhibit” your ID, and nothing more. The city of Coral Gables actually adopted a policy that would charge anyone who refuses to hand over their license with a misdemeanor. So after hearing about a DUI checkpoint in Coral Gables, Redlich decided to test his flyer in the city. Redlich was eventually arrested, after refusing to hand over his driver’s license to the police officers manning the checkpoint.
The police cited 322.15 of Florida’s statute for his arrest, even though that law is an infraction, not an arrestable offense. Three hours after the incident he was released and issued a citation for violating 322.15. He plans to file a lawsuit against the city of Coral Gables, though money isn’t what he’s after. “The goal is to get a federal judge to make sure that police follow the law, including 322.15 as well as Supreme Court cases on checkpoints.”
Joshua Krause is a reporter, writer and researcher at The Daily Sheeple. He was born and raised in the Bay Area and is a freelance writer and author. You can follow Joshua’s reports at Facebook or on his personal Twitter. Joshua’s website is Strange Danger.
Floriduh in the news again? There was a time when Floriduh had good cops – that is, until they realized what a windfall they could get by using armed highway robbery against helpless tourists.
yeah, but it has been a long time since the movie porky’s was made …!
A real gadfly, this “out of control attorney”. We need more just like him!
Look up “corrupt Coral Gables police”. The list is very long. He is lucky they didn’t shoot him. Hope he makes lots more trouble for them as they are already under investigation on many cases. I would like to know how many if any states have laws that state you must open your window? Also how can a city ordinance overrule state law? BS .
Supported.
.
this is a great idea!
.
thanks for sharing – will try this in my home state!
.
The DUI check points are nothing more than revenue generators ! Bravo to this brave man , we need more like him !!
Fortunately I live in a state that does not conduct DUI checkpoints. The states supreme court determined some time ago that DUI checkpoints are a violation of the state constitution.
SO WHAT FRIGGIN STATE are you in? You are so fortunate…for NOW. cheers
I suppose I should have mentioned it. It’s Washington State and I don’t think it will change soon. Supreme court decisions, whether federal or state level, take a lot of political will to overcome.
The SCOTUS has previously ruled that DUI check points don’t violate the U.S. Constitution, but some state supreme courts have ruled otherwise and Washington’s supreme court ruled that it violated the more strict privacy protections of the Washington State Constitution.
no seriously – what state are you in?
Washington State; see my reply to Elizabeth Martin.
He shouldn’t have been arrested. The police need to learn the law.
They know the law, time to sue, they are not above the Constitution
Finally…a lawyer I could actually like.
Just because the U.S. nation state of Florida requires “exhibit”, does that mean that a city cannot also add another action? ? ?
The license is the property of the U.S. nation state of Florida so any demands for force transferring it to someone else could be considered theft and a fourth amendment violation by way of the fourteenth?
.
The judge will have fun with this one. Are we a police state so the judge will not get kicked off of the bench or are we ( ha ha ) free ( ha ha )? We all know, but that will be the question to the court.
GOOD FOR HIM –Challenge every law !–most laws fail to stand up once challenged–now he can sue for wrongful arrest as the statute is a non arrestable offence but they did it anyway–
there is a latin term meaning “the face of the law” thats the interpretation of the law as written a violation of that is a blatent infraction of the persons rights and would command a higher fine against the police that must interpret the law as written, not their belief to go against the citizenry to arrest because they can-
The Police Pukes didn’t shoot him?
No. He was not wearing a hoodie, he did not have his hands
up and he did not have fleas.
.
That is their favorite. If you might have fleas, you need to be shot.
I hope he sues for BIG MONEY – that’s the only thing that registers with thugs and criminals. Civil rights violations affect EVERY citizen – I hope this suit goes big-time. Enough with the Nazi/police state. Cheers
Bravo!
” First Kill All The Lawyers ” (Liars). . . except for this ONE ! Shakespeare was wrong.
Proving once again there’s an exception to every rule and a challenge for every so called law.
Sic ’em Redlich.
if he does it right and doesnt ask for money he should sue in equity and I believe he will win