Coral Gables, FL – 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.”
Coral Gables decided to implement a new policy for DUI checkpoints after Redlich’s “Fair DUI” program gained national attention. The new policy basically allows for citizens to be arrested for simply refusing to open your window at a checkpoint, an obligation that would seemingly violate a citizen’s constitutional rights.
During the incident, Coral Gables police refused to accept the documents provided by Redlich, insisting that he roll his window down and engage with officers. After not responding to the command to open his window the officer opens his door and places him in handcuffs.
“They think that I’m required to roll down the window and hand over the license and I think I’m not required to roll down the window and I’m not required to hand over my license,” Redlich explained.
Redlich believes DUI checkpoints violate the 4th Amendment; protection from illegal searches.
Coral Gables seems willfully ignorant that Relich is fully within his rights to simply present the required information while not saying a word, as he goes through the checkpoints. While the U.S. Supreme court has held that DUI checkpoints are constitutional, without reasonable articulable suspicion of a crime being committed, police have absolutely no legal grounds to detain or arrest someone.
“I am confident I’m right. And I’m confident they are wrong,” Redlich said.
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.
Coral Gables City Attorney, Craig Leen told CBS4, “He’s wrong,” adding that Redlich could still be charged with obstruction of justice.
“He’s playing a game. He’s not here for any purpose but to obstruct the DUI checkpoint and that’s wrong,” Leen said.
The reality is that Leen couldn’t be more wrong.
Redlich has no intent to obstruct the checkpoints, rather he is waging this battle on behalf of all Americans, in an effort to stop the encroachment on the rights of law-abiding citizens. This arrest is exactly what Redlich wanted.
“I have what I need to go to federal court and have a federal judge who says ‘say no you can’t do that.’”
Redlich plans to file a federal civil rights lawsuit within the next few months.
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