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Phoenix Police - You ain't got no stinking Constitutional Rights

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Cops hate it when people exercise their "Constitutional Rights", especially when they use them to get out of a $2,000 robbery called a DUI ticket.

The 4th, 5th and 6th Amendment clearly say that the people don't have to cooperate with the police and in fact allow the people to tell the police to "f*ck off" when it comes to searches and questioning.

And any defense lawyer will tell you that you should always politely tell the police to "f*ck off" when they are trying to shake you down and accuse you of committing a crime.

Arizona law says you have to give the cops your drivers license, registration and proof of insurance. But in no way does the Arizona law require you to help the pigs convict you of a crime.

And if the Arizona law did require you to help the pigs convict you of a crime it would be unconstitutional and in violation of the 4th, 5th or 6th Amendment.

The 4th Amendment says the police can't search you without a warrant.

The 5th Amendment says you don't have to answer police questions.

The 6th Amendment says you can have a lawyer when answering police questions.

The courts have ruled that the "implied consent law", which requires you to take a DUI test or lose your license is unconstitutional.

For as long as I can remember the courts have always said that the phoney baloney "sobriety tests" the cops give are not required. And in fact the "sobriety test" are subject and usually rigged. Any lawyer will tell you to refuse to take a "sobriety test"


Source

Police: 'Fair DUI' flier could escalate traffic stops

Sarah Jarvis, The Arizona Republic | azcentral.com 10:34 p.m. MST June 10, 2015

The Phoenix Police Department is warning drivers that they are obligated to comply with officers who pull them over in response to a website that is encouraging motorists suspected of DUI to stay silent and keep their windows rolled up during traffic stops.

FairDUI.com offers printable, state-specific fliers outlining the rights of motorists when stopped by law enforcement. The website encourages drivers to, instead of talking to police, hold up the flier and display — but not turn over — any identifying information.

The fliers and website were created by defense lawyer Warren Redlich, a Florida State Bar member and author of the book "Fair DUI: Stay safe and sane in a world gone MADD." He's created fliers for Arizona and 26 other states.

"Although DUI laws used to be a genuine effort to get drunks off the road, they have become a sneaky and disastrous effort to reinstate alcohol prohibition," Redlich wrote in the book. "We're all suspects whenever we drive a car, especially after 8 p.m. on a Friday or Saturday night and well into the morning of the next day."

A note at the bottom of each flier says it is "safer to comply" with officers' orders if they are clearly stated.

The Arizona laws Redlich cites on the flier say drivers must "provide" identification during traffic stops, but the laws don't clarify whether any document must be physically handed over to law enforcement.

Sgt. Vince Lewis, a Phoenix police spokesman, said Tuesday that drivers may be arrested if they do not "provide" — he didn't clarify what that means, either — licenses or other forms of identification to officers during traffic stops. Such stops stem from reasonable suspicion, meaning drivers have been lawfully detained, Lewis said.

"Drivers should understand that officers are going to conduct their investigation," Lewis said.

Phoenix Police Department warned drivers about using the fliers in a post on Facebook.

"The Internet is full of all sorts of legal information and tips, some of which don't always apply here in Arizona," according to the post.

Mark DuBiel, a local DUI defense attorney, said if a police officer asks a driver to hand over their license, they should. Arizonans who use the fliers as instructed, DuBiel said, can face criminal charges and risk turning police officers into antagonists.

"Why do you want to turn (traffic stops) into a 15-minute fiasco when it could be a 2-minute situation?" he said.

He conceded the Arizona statute about displaying a license at a traffic stop is poorly written and creates a potential gray area, but he doesn't think most judges in Maricopa County would interpret "provide" to mean "to show."

Drivers who have not been arrested have the right to refuse a sobriety test and decline to answer questions about where they've been, DuBiel said. But he said it is not practical to refuse handing over a license.

"We want officers to be able to do their jobs on a daily basis," he said.

 

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