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Cops Smash Obstinate Driver's Window at DUI Stop [Vid]

Cops Smash Obstinate Driver's Window at DUI Stop [Vid]

Video Screen Capture

North County Times via YellowBrix

May 06, 2011

SAN DIEGO — Just two days ago, the Escondido Police Department issued 16 citations after stopping more than 600 drivers at a DUI checkpoint, but Thursday there is word that a stop back in February that was captured on video will be the focus of a court case this summer.

Escondido Police smashed the window of a car during a February 11 checkpoint when the driver refused to comply with them. The two men inside the vehicle videotaped the entire exchange and told the officers they were doing so.

Angel Navarrete and his passenger, Daniel Alfaro, are also heard on the video talking about their plan to challenge the checkpoint by refusing to provide their driver’s licenses. In the exchange seen on the video, an officer verbally warns that he will break the vehicle’s window and Navarrete gives him permission.

Victor Torres, who is representing the driver said the two Escondido men weren’t trying to antagonize the officers but, rather, prove they know their constitutional rights.

“This is the third thing out of the cop’s mouth: ‘if you don’t roll the window down I’m going to break your window.’ That’s why from then on it became a contest of wills,” said Torres. "They repeatedly asked if they’re being detained, at that point they don’t say, ‘show me your driver’s license,’ in fact, at one point they say, ‘show me your driver’s license and we’ll let you go.’ Well then, what is the reason for the initial stop?”


Navarrete was not intoxicated at the time and he had a valid driver’s license but the two men were charged with resisting a police officer, a misdemeanor. Both men pleaded not guilty to the charge in March and are scheduled to appear in court in July.

The Escondido Police Department is not commenting on the video until after the case is heard in court.

Following is a transcript of the confrontation beginning at roughly two minutes and 15 seconds into the clip. Officers are identified — to the best of our ability — by number.

Navarrete: “How you doing?”
Officer #1: “Can you roll your window down?”
Navarrete: “I can hear you just fine.”
Officer #1: “No, no I want you to roll the window down.”
Navarrete: “Why is that sir?”
Officer #1: “Because I’m going to break it if you don’t open it.”
Navarrete:" Then go ahead."
Officer #1: “I’m sorry?”
Navarrete: “Go ahead.”
Officer #1: “Go ahead and break it?”
Navarrete: “It’s up to you.”

Officer #1 motions for another officer to join him.

Navarrete: “Am I being detained or am I free to go?”
Officer #1: “No, you’re not free to go.”
Navarrete: “So am I being detained?”
Officer #1: “You’re being detained.”
Navarrete: “And may I ask why?”
Officer #1 to Officer #2: “He doesn’t want to roll down the window and says he doesn’t have to.”
Officer #2: “Need to check your IDs; sobriety checkpoint. If you don’t you’re going to delay us and we’re just going to take you to jail.”
Navarrete: “Is there a reason… ?”
Officer #2: “We’re not going to let you hold up the checkpoint.”
Navarrete: “What’s the reason for the checkpoint officer?”
Officer #2: “Sobriety checkpoint. It’s been explained to you twice.”
Navarrete: “Am I being detained or am I free to go?”
Officer: “We’re going to arrest you for interfering with what we’re doing. Would you like to go to jail?”
Navarrete: “Am I being detained or am I free to go?”
Officer #2: “Yes, yes you’re being detained. It’s your last opportunity.”
Navarrete: “Why am I being detained?”
Officer #1: “This is your last opportunity.”
Navarrete: “Why am I being detained?”

Officer #2 tries to open door.

Continue to Video >>


+61
  • Crazy2_max50

    RavenLH

    almost 2 years ago

    16 Comments

    God there is nothing I hate more than people who repeat themselves it's like nails on a chalkboard to me. and these guys are idiots a cop tells you to do something you HAVE to do it otherwise you're obstructing justice.

  • Az_phx_motorcade1a_max50

    Bury

    about 3 years ago

    1342 Comments

    Bah ha ha ha ha!!

  • Dscn0118_max50

    Adladle

    about 3 years ago

    604 Comments

    Plus, according to this site, in California they are upheld under State and Federal Constitution.

    http://www.ghsa.org/html/stateinfo/laws/checkpoint_laws.html

  • Dscn0118_max50

    Adladle

    about 3 years ago

    604 Comments

    The plantiff's lawyer said they weren't trying to provoke the officers, but prove they know their constitutional rights. Also, in one of the video links displayed after the original video, the title said that DUI checkpoints are illegal. However, I believe they are legal based on the Supreme Court case of Michigan Department of State Police vs. Sitz in which it was found that DUI checkpoints were constitutional. I don't believe there was another case after that in which that decision was overturned.

  • Img_0103_max50

    LAWMANTUKES

    about 3 years ago

    6976 Comments

    Well Said...AHP3611

  • Photo_user_blank_big

    Anonymous

    about 3 years ago

    wow those guys were annoying!

  • Photo_user_blank_big

    Alicopwannabe

    about 3 years ago

    30 Comments

    LOL they tried to copy "4409" but they failed... idiots

  • O_s_max50

    rc86

    about 3 years ago

    962 Comments

    so let me get this straight. You went out to a DUI checkpoint, looking for trouble, trying to catch a LEO doing something wrong. In doing so, refuse to show identification, do not comply with orders given by a law officer and are obstructing an LEO's job. Yea, enjoy jail and your fines. Idiots.

  • Spartan_cops_max50

    Lawful_Blue

    about 3 years ago

    1184 Comments

    This isn't about proving that you know your constitutional rights. It's a DUI checkpoint and "no one" is excluded from complying with the orders given to you. Good for these two idiots that pleaded not guilty, now they can pay the court fines along with losing their case. A job well done for all the officers involved......

  • Larry_apache_dist_13_max50

    AHP3611

    about 3 years ago

    316 Comments

    First of all these fine dumb shits looked for trouble and they found it, I found after watching the video that the driver failed to provided his identification\ drivers license, then the driver failed to identify himself, failed to obey a lawful order was now obstructing a governmental operation. The passenger was assisting him in the obstruction of the law enforcement officer lawful duty.

    I would have put some more icing on the cake and put the driver through the field sobriety, when he refused to cooperate and/or blow into the PBT an additional charge of DUI Liquor/Drugs would be initiated, Then later the Driver refuses to take an Intoxilyzer Breath Test or Blood Draw, then in Arizona his Driving Privileges would be suspended for a year. I feel because of his irrational behavior it would make me believe he was under the influence of some type of drug or possibly mind control by the passenger, why else would he keep saying the same thing over and over again, because a reasonable or sane person would have rolled their window down and provided their drivers license to the law enforcement officer. i thought it was strange that the passenger was asking by name the LT on scene. Looks like these two are getting a good college education in California "Via Raza"

    La policía haciendo un buen trabajo!

  • Img_0103_max50

    LAWMANTUKES

    about 3 years ago

    6976 Comments

    Good advice..."bumperdog831"

  • Respect_max50

    oldtimer322

    about 3 years ago

    360 Comments

    Awesome restraint shown....

  • Photo_user_blank_big

    interlink

    about 3 years ago

    8 Comments

    Oh! I am So glad Am no longer On The Beat " miss it sometimes for shit like this, You guys did A great Job :) they can Record and ask for Badge numbers but they are still going to JAIL !

  • Ralphie_max50

    rafaelmorales

    about 3 years ago

    2994 Comments

    These two clowns were looking for trouble..They must have never heard of the Song. I fought the Law But The Law WON!!! These 2 jackasses were looking to get into it with LEO..Great Job Boys!!!!!!!!

  • Police-dog-5_max50

    leitersr

    about 3 years ago

    26 Comments

    Great work. Maybe they should use there brains the next time instead of a video camera.

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