After repeatedly ordering a man to lower his window at a DUI checkpoint in California, police broke the window and arrested the car’s two occupants for resisting arrest.

The incident was caught on video by the passenger, which was released last week even though the arrest took place in February.

The men have pleaded not guilty and the video will become a key piece of evidence in their trial.

At issue is whether or not the men had the right not to refuse to show police their identifications at the checkpoint if they displayed no other signs of alcohol impairment.

The men, Angel Navarrete and Daniel Alfaro, were deliberately testing the system when they drove through the checkpoint in Escondido in San Diego County with the camera rolling.

They are part of an organization that oppose checkpoints and immigration raids, according to the North County Times.

Here is an excerpt from the conversation between the driver and the officer.

Navarrete: “How are you doing?”

Officer: “Can you roll down your window?”

Navarrete: “I can hear you just fine.”

Officer: “I want you to roll the window down.”

Navarrete: “Why is that, sir?”

Officer: “Because I’m going to break it if you don’t open it.”

Navarrete: “Go ahead.”

Officer “I’m sorry?”

Navarrete: “Go ahead.”

Officer: “Go ahead and break it?”

Navarrete: “It’s up to you.

Am I being detained or am I free to go?”

Officer: “You are not free to go.”

Navarrete: “So am I being detained?”

Officer: “You are being detained.”

Police confiscated the video as evidence, even though it was not used in the commission of a crime, which is a crime in itself.

Various lawyers interviewed by Photography is Not a Crime over the years have stated that police need a subpoena to confiscate a camera it was not used in the commission of a crime, such as upskirting or child pornography.