You're a liar. You said she called the cops and she did not call the cops. >> I did not call the cops. Okay, somebody >> So you're a [ __ ] liar. Sir, I'm going to tell you in the car THAT >> [ __ ] OUT OF HERE. >> SIR, I'M [ __ ] YOU. GET OUT OF HERE. >> SIR. GO. STOP. IN THIS ENCOUNTER, officers respond to a call about a possibly intoxicated man at a business. The officer begins a DUI investigation to determine if he had been driving under the influence. Under the Fourth Amendment, detention requires reasonable, articulable suspicion tied to actual vehicle operation. As the situation unfolds, the key question is whether that legal standard is met. It's right down here. >> Hold on, you're not going anywhere. Okay, they're right there. You got a camera that shows him driving up. I don't know how to work it. Okay, but do [music] you have one? Okay, I need to talk to you real quick. Come here. So here's the situation. I got a call stated that they believe that you'd be intoxicated. >> [music] >> Okay, have you had anything to drink today? No. Is that your car out front? Yep. It is? Yep. >> Would you mind taking a breathalyzer test for me? No. You won't? [music] Nope. No. Okay, it looks like you've been drinking. I can smell it. And? >> How much have you had to drink today? >> [music] >> None. None? They stated they seen you drive up here. You're intoxicated. I'm not going to allow you to go home and >> Who said I drove it? >> Sir. I'm not going to tell you who. I'm just telling you what I observed. So I'm going to detain you. Turn around and put your hands behind your back. I'm going to detain you right now. You're not under arrest, but I'm going to detain you until I can find out if you operated that motor vehicle up here. Detaining someone to find evidence raises constitutional concerns. The Fourth Amendment requires that reasonable suspicion exists before the detention, not developed afterward. When I find out you operated that motor vehicle up here in an intoxicated you will be placed under arrest for driving underneath the influence of alcohol. Do you understand? Correct? Go have a seat right there for me. Again, you're not under arrest right now. You're just being detained while I investigate this. >> For what? For driving while underneath the influence of alcohol. >> I'm not driving. >> Sir, I'm going to ask you to step in that vehicle or I'm going to arrest you for not doing it. I'm giving you a lawful order. Okay. All right, well, I'm taking time with you. I called Jeremy and he was like, "Take his number and if he can wait till first thing in the morning." He says, "I'll get it for you." And I was like, "Stop." >> it tonight. No, I need it tonight. >> I'm so glad you came in with me. >> you see him when he came in? Absolutely. He come in and he Well, the other officer was in here. He was walking in and he was like, "I've already got that pulled once." And but I need to review the camera. She stated he did come in, so as long as I can see it, I'm going to take him. What's the trouble? Uh guy, he's drunk. I need to see the camera. >> Huh? This drunk guy. It's still >> are for you guys. No. Okay, so >> These are private cameras. Right, so >> Okay, I want it in writing that you even requested that. Okay, I can give it to you written in writing. That's fine. I mean you're I don't believe you. I'll play you right now. I've had it with you. Okay, dude. No, not no okay, dude. Nothing. I've had it with you. Seriously. Okay. No. We don't do that. Okay, so what I got >> What are you doing here in this parking lot? Your lady called me and said that you got a drunk guy here getting ready to leave. So keep [music] him from getting in the vehicle. I'm asking to see if I can see the cameras to prove that he drove up here. No. [music] We're not doing that. I would never do that for any citizen. These are private cameras. Private surveillance footage is protected property. Without a warrant, subpoena, or consent, access cannot be compelled under the Fourth Amendment. I'm not with [music] people getting watched all the time or anything like that. And you sat across the road over here for day for hour 15 minutes watching my place. >> As a business owner >> watching you. I'm running traffic. He's even asked me to do such thing. to watch traffic. As a business owner, nobody's going to come >> [music] >> buy anything from the liquor store with a cop sitting across there. It's not good for business. Okay. You're a liar. You said she called the cops and she did not call the cops. >> not call the cops. Okay, somebody >> So you're A [ __ ] LIAR. SIR, I'm going to tell you in the car >> GET THE [ __ ] OUT OF HERE. >> SIR, I'M [ __ ] YOU. [screaming] GET OUT OF HERE. >> SIR. >> GO. STOP. STOP. OUT OF HERE. I'M TALKING TO YOU. SIR. >> ABOUT THAT. YOU I DIDN'T LIE ABOUT NOTHING. She No, YOU LIED. YOU said she called. You just said that. She called or somebody called. You need to leave. DON'T EVER PULL BACK IN THIS PARKING AGAIN. I TOLD YOU THAT FOR ONE BUSINESS. I'M TELLING YOU WITH THIS ONE. >> I'M TELLING you as a business owner politely, you need to leave here. We're We're going to go. And anyway, you got his keys? GET OUT OF HERE. DID YOU CALL YOUR HEY, RIGHT NOW I'M HERE LAWFULLY FOR AN INVESTIGATION. >> NO, YOU'RE NOT. YES, I AM. NO ONE CALLED YOU. GET OUT OF HERE. >> I'M GOING TO CALL THE CHIEF. Maybe I won't go. You want the car removed? NO, LEAVE THE CAR THERE. He He said he's fine with it there, so >> Okay, that's fine. You want to grab his keys? Where is his keys? In the car. If he Does he want it secured or anything? Wow. >> All right, bud, hold up. Check it out. What's that about? It's whatever. So here's the deal. Again, like I said, you're not being under arrest, okay? I'll detain you. >> Okay, will you listen to me for a second so I can get this done? You can walk out of here. Okay? I'm not going to place you under arrest. You're not getting in that car, though. If you get in that car, you are going to go to jail. Walk back there for me. I'll get a ride or walk or something. You'll have to walk back to Kabob, bud. I'll have to chat with this deputy real quick and we'll kick it. I'll I'll call Jay's and have him have him tow it. Yeah. Okay. This encounter highlights Fourth Amendment issues involving detention and evidence. The officer had a report of possible intoxication, but did not observe the man driving, relying instead on unverified claims. Efforts to obtain surveillance footage without legal process add further concern. Constitutional standards require clear, articulable facts before restricting freedom or collecting evidence.