Drivers in the U.S. are often subjected to drunk driving checkpoints, but one lawyer in Florida has had enough.
Boca Raton lawyer Warren Redlich claims checkpoints violate a driver's Fourth Amendment right against unreasonable search and seizure, according to the Associated Press.
Instead of rolling down your window and talking with police, Redlich is asking that driver to leave their windows up, place their licenses and registrations on the glass along with a note saying they have no comment, will not permit a search and want a lawyer.
"The point of the card is, you are affirmatively asserting your rights without having to speak to the Police and without opening your window," said Redlich to the Associated Press.
Redlich isn't looking to protect drunk drivers, but to protect innocent drivers. He has had a number of different clients in the past who have passed the breath-alcohol test but were still charged with a DUI because the officer smelled alcohol or the person had slurred speech.
Local police officials are not pleased with Redlich's advice. They have pointed to a Supreme Court decision in 1990 that says despite the intrusion on individual liberties, being stopped at a DUI checkpoint doesn't violate a person's Fourth Amendment right.
The court ultimately decided to let each state decide whether officers could use DUI checkpoints or not. Just 11 states decided to prohibit checkpoints, including Alaska, Idaho, Iowa, Michigan, Minnesota, Oregon, Rhode Island, Texas, Washington, Wisconsin, and Wyoming.
"They would not be allowed out of that checkpoint until they talk to us. We have a legitimate right to do it, "St. Johns County Sheriff David Shoar, also president of the Florida Sheriffs Association, said to the Associated Press. "If I was out there, I would not wave them through. I want to talk to that person more now. "
Raton has posted multiple videos online demonstrating how people should handle check points. Check one out below.
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