Well, I don't smell breath. So, you still you live you just listen to me, okay? >> You asked if I had anything to drink. >> And and you can tell me yes or no, okay? Do you still live at Sand Daisy Road? >> I don't answer questions. Because if you're going to give me an issue with your ticket, that should be valid. >> Okay. >> That's how it works. >> But you're not going to run my traffic stop. Do you understand that part? >> If you're wanting to express power, that's fine. >> That's not power. This is the way it works. I'm going to do my paperwork, okay? And I'll take my time with my paperwork. Um >> show for intoxication of alcohol, I'll take a breathalyzer test whenever you're ready. >> But I think I think I have enough stuff. >> This is a homeless man driving with a female passenger at night. He is pulled over for a minor traffic infraction, a rolling stop at a stop sign. Despite the citizen being fully coherent, speaking articulately, and exercising his right to refuse intrusive personal questions, the officer forces him out of the vehicle barefoot to conduct field sobriety tests just to fish for a charge. This was a predetermined arrest where police weaponized physical tests to legitimize the deprivation of liberty. >> Hey man. Um so you didn't you didn't come to a complete stop at the stop sign over here. >> Thought I did. >> You did not. You got your driver's license with you? >> I do. >> All right, let me see it. You got registration and proof of insurance. Hello, how are you? Hey, you got your uh >> Nope. >> She I'm talking to her. >> I know. >> Okay. >> She's the passenger, though. >> Okay. Um registration and proof of insurance, please. Not working. Where are you going to, man? >> I don't answer questions. >> You don't answer questions? Okay. You got anything to drink tonight? >> No, sir. Would you like to read a breath smell breath? >> Well, I don't smell breath. So, you still you live you you you just to me, okay? >> You asked if I had anything to drink. >> And And you can tell me yes or no, okay? Um, do you still still live at Sand Beach Road? >> I don't answer questions. >> I understand that, but now that it's a lawful traffic stop, now you got to try to answer my questions. >> I don't live there. I just moved. >> You just moved? Where do you Where do you move at? >> I don't have any residence. >> You don't have any residence. Okay, I got you. >> Considered homeless. >> Considered homeless. Got you. Okay. All right. You care to give me your ID by chance? So I know who you are. >> Why would that be necessary? >> I'm asking her. >> I'm a lawyer. I'm not the driver. I'm You made the traffic stop with me. >> That's correct. All right. Um Do you mind stepping out of the vehicle for me? >> Why is that? >> Because Pennsylvania Pennsylvania versus Mims allows me to do that while on your traffic stop. >> For what reason? >> I'm asking you to step out of the vehicle. >> What is the articulated reason for me to step >> I need you to step out of the vehicle right now. Okay? >> It's the 2001 Mr. Passenger. >> Uh, Pennsylvania versus Mims allows me to step you out of the vehicle. Okay. Uh, you got any shoes, man? No, sir. Okay. >> I don't wear shoes. I'm a barefoot guy. >> I got you. Okay. Okay. >> The uh L. Yeah, I know. It's uh it's >> 824 to 821. You head my way. >> Is there a reason for me to need to do a sobriety test? >> Well, come over my vehicle. Want to talk for a second. >> Okay. >> All right. >> About what? >> Well, just a couple things. Um, just >> Just hang out right here for me. While I'm running your information, I'll be right back, okay? Hang out right there. Right there. Move over there. >> Is there a specific reason why I'd be right here? >> So that way you don't get hit out in traffic. Move over there for me. >> I'm confident enough to not get hit by a other cars. >> Okay, thank you. Hang tight for a minute. 824 horse one. Tennessee 51 in a day. 1510 3107 2 So, like I said, reason for the traffic stop Reason for the traffic stop is you failed to come complete stop at the stop sign, okay? >> I thought I made one, but okay. >> You failed to come to complete stop. Okay. Um you have insurance for the vehicle? >> Yes, I do. >> Okay. >> Officer is Clayton 471 >> You need anything? >> 1510 2 Dominic as well. Article Tennessee, that is a valid license. >> Careful. So, the registration came back >> This is a tra- You let me do my traffic stop, okay? >> You're kind of taking advantage of the situation. >> I'm not taking advantage of no situation. You let me take care of my traffic stop. >> I understand. I can't win a court battle on the side of the road. >> It's not a court battle. I You you failed to come to a complete stop. It's a traffic >> I understand. >> infraction. >> I understand. >> Let me conduct the traffic stop, and then we'll go about our day. All right? >> Okay. >> Where do you currently live? Is it her vehicle? >> No, sir. >> Whose vehicle is it? >> It's no vehicle. I'm homeless. >> Okay. >> I don't just >> Let me Let me Let me ask you this, okay? Just be honest with me. >> Mhm. >> Are you on any prescription medication? >> I don't answer questions. >> Okay. And you don't You just walk around barefoot? Is that all you do? >> Yep. >> Is that you're homeless? >> What? >> You said you're homeless? >> Yes, sir. >> Okay. >> Is your insurance >> Your insurance is good? Okay. All right. Um >> So, a ticket or >> Oh, it's definitely a ticket. Yeah, I'm I'm going to get you a ticket. Um so, >> Is that the end of it? Because if you're going to give me an issue and you ticket that should be the end of it. >> Okay. >> That's how it works. >> But you're not going to run my traffic stop. You you that part? >> If you're wanting to express power. That's fine. >> That's not power. This is the way it works. I'm going to do my paperwork, okay? And I'll take my time with my paperwork. >> So, you're having me stand out here in no shirt, no shoes. >> I'm I'm trying to figure out what's what's what's what's what's going on tonight because >> What's going on tonight? >> You were sweating earlier when I made contact with you, okay? It's not typically hot right now. It's very cool. >> How are you to tell me what temperature it was? It's hot out. >> Okay. >> Is there a reason why you made your argument? >> Yeah. >> I have flashing in my eyes and two officers have me standing around me. >> Cuz it's not normal when whenever somebody get >> Did you give me a reason for your argument? >> Yeah. >> That's blue lights, okay. It's cool. >> Is it against the law? >> I didn't say it was against the law. I asked a question. I asked for a reason. >> I I I gave you one, but doesn't mean you have to accept it. That's my reason. >> Okay. Like I asked you to begin with, are you on any prescription medication? Have you drank any >> No. >> alcohol? >> I don't answer questions, sir. >> Okay. >> You want to do a field sobriety? >> Yeah. I'm going to I'm going to run you through a field sobriety to make sure you're okay to drive a motor vehicle, okay? All right. Um So, what I need you to do, are you Do you work anywhere? >> No. >> You don't work anywhere? Okay. All right. Um can you just stand with your feet together, arms down by your side? Follow me. Okay. Um do not move your head during this instruction, okay? Do you understand that? Okay. Do you wear any glasses or contacts? >> I'm supposed to wear glasses. >> Okay. All right. So, where you So, you wear glasses, right? >> No, like I'm starting to wear glasses. >> to wear glasses. >> Trying to. I have better vision. >> Okay. All right. So, I need you to look at my finger, okay? And do not move your head, okay? Do you understand? >> Mhm. >> Okay, keep looking at me. >> Looking at you. >> On on my finger. >> Yeah. >> Yep. Keep looking at my finger. Okay. All right. Next feels riding test and so what I need to do is there's this this is a a line, okay? >> I'm not coordinated with balance, but I still do it. >> You're not coordinated with balance? >> No, but I can still do it. >> Okay. All right. So, this white line right here, okay? I need you to I'm going to demonstrate, okay? You're going to stay in this position that I'm going to tell you to when I tell you to. Only when I tell you to, okay? All right. You can put your left foot your left foot right in front of your right foot, okay? Like this, okay? Stay in this position until told to do otherwise, okay? All right. So, you're going to take your left foot in front of your right foot, like this, and stay in that position. >> I only need to do balance. >> Okay. Stay in that position, okay? All right. So, you're going to take nine heel-to-toe steps, okay? Keep your hands down by your side. Count your steps out loud. And it's going to be like this. One >> getting recorded? >> two three all the way to nine. On your ninth step, okay? You're going to take a series of small steps. >> That was I believe nine, but I may have lost count. Do you need me to take another again? >> So, do as instructed. >> Take another nine step? You want me to turn around? >> Do as instructed. >> Oh. Can you Do you say the instructions? You have any kind of Do list of things. >> Yeah, well, you started the You started the task before I told you to. So, >> Yeah. So, start again that way? >> Do as instructed. >> Is that nine? Okay. Is that nine? >> You tell me. >> I believe so. I counted nine. >> Okay, you done with the test? >> Was that all I was supposed to do? >> You tell me. >> You're not really giving me any kind of information. >> So, the reason I said take nine heel-to-toe steps. >> Uh-huh. If you're trying to humble me, I >> I'm going to explain to you again. I'm going to instruct you, okay? All right. So, you're going to take your left foot, put your right foot in your left foot, okay? You're going to stay in this position until told to do so otherwise. Do you understand? Stay in this position, okay? All right. You're going to take nine heel-to-toe steps like this. 1 2 3 all the way to 9. For demonstration purposes, I took three, you take nine. All right. On the ninth step, you're going to take a series of small steps like this, turning around. And you're going to take nine heel-to-toe nine heel-to-toe heel-to-toe steps back. 1 2 3 all the way to 9. Count your steps out loud. Keep your hands down by your side. And don't start the test until you are instructed to do so. Do you understand? Okay? You may begin test. >> 1 2 3 4 5 6 7 8 9 Couple little steps. Back to heel-to-toe. 1 2 I'm glad we're both watching. 3 4 Almost done. 5 6 Can I get arrested for this? 7 8 Maybe I go in handcuffs for talking out of turn. 9 Now, I'm waiting for instruction. I'm losing balance. >> Are you done? >> I don't know. Am I? >> You tell me. >> I believe so. >> Okay. >> Waiting for instruction. >> All right. You can step off line. Okay? >> Now that I've done two sobriety tests, I came back all good. >> That's for me to determine if you come back good, okay? You got one last test, okay? >> Right. >> All right. >> Retest of sobriety test, everything came back okay. And it was because I failed to stop a stop sign. >> I I you to listen to me Just just understand my instructions. >> Is your body camera on? >> It is on. I need you to listen I need you to listen to me, okay? >> What is your badge number? >> I need Are you Are you going to want to continue the field sobriety test? >> Yes, can I have your badge number? >> I need you to let me finish my test, okay? >> Before you leave, could I have your badge number? >> I need to be able to conduct the field sobriety test. Are you okay with continuing the field sobriety test? >> Yes, sir. >> Okay. All right. So, you're going to take your feet together, arms down by your side, stay in this position until you're told to do something otherwise. Do you understand? Okay. You're going to take either either foot, either heel, approximately 6 in off the ground, okay? And you're going to hold it 6 in off the ground, okay? Until told to stop. 6 in off the ground. >> I don't know. >> Approximately of a Coke can, okay? >> Sure. >> All right. You got 1,001, 1,002, 1,003, 1,004, until told to stop. Do you understand? >> No, before No, because am I allowed to wiggle? I'm not very good at balance, as you've already just seen. >> You do exactly what I as I instructed you to do so. >> Okay. I'm ready. I'm ready. >> All right. You got to watch. >> So, how long am I doing this again? Or is it just doing one foot? >> You ready? >> Yep. >> All right. You may begin test. >> 1,001, 1,002, 1,003, 1,004, 1,005, 1,006, 1,007, 1,008, 1,009, 1,0010, 1,0011, 1,0012, 13, 14, 15, 16, 17, 18, still going. 19, whenever you're ready. I'll take my ticket now. >> Yeah, you may you may stop. Stand right there for me. >> Sure. >> So, what did she say? And she said no? Yeah. You let me conduct this traffic stop and talk to my Let me talk to my deputy, okay? He's not sweating now. >> Yeah. Um from I did on the um maximum deviation. Okay, what did you see? Maximum deviation, yep. Now, did you see anything on the walk and turn? I think he started the test too soon. Correct, but he he he didn't take the correct number of steps. Um and then um he uses his arm for balance with the third test. Um he swayed. And uh he put and you know basically he didn't put his foot down, but he swayed and Yeah. Yeah. Yeah. Do you think I have enough for DUI? Do you think I have enough? Just just from next nystagmus. >> How was it? How was it the other one of your eyes? >> I saw them in the segments was at maximum deviation. I saw the jerking involuntary jerking in the eyes and I also saw it on the >> and go ahead and call Harold. >> Who's Harold? >> You don't need to worry about that. >> Okay. >> I don't know if you don't want to yet. >> Yeah, yeah. So maximum deviation I saw it um I saw it at the uh prior to onset 45°. Um >> for intoxication of alcohol I'll take a breathalyzer test whenever you're ready. >> But I think I think I have enough, so. >> Go whenever you're ready. >> Okay. Um so what do you uh you care if I talk to you real quick about the kids and all that? So obviously I have Yeah, yeah. Obviously I have him, you know, failing field sobriety. >> Yeah. >> Um but I think I have enough, but I think it's more drugs than anything. >> Yeah. >> Um I'm going to go ahead and you know, detain him put him in cuffs. Um and then go from there. Um but the only problem is she's got the vehicle, so she could take possession of vehicle. >> Yeah. >> Hello. All right. Go ahead what? >> I said if you want to do your thing with him. >> Yeah, yeah. Okay. All right. So based on my observations >> Right. >> I have enough to go ahead and put handcuffs on you, okay? All right. So go ahead and put your hands behind your back for me. >> Okay. >> All right. >> And I asked why. >> Based on my observations with uh standardized field sobriety test um you're impaired to the point where you cannot operate a motor vehicle. Okay? >> And is that arguable? >> We're not going to debate this on the roadside. Okay? >> So, what are the next steps? Am I being taken to jail? >> You're going to be transported to to the Travis County Jail. Okay? >> Okay. >> Let me go ahead and double-lock the cuffs. All right. Do you have anything on you that'll stick me, poke me, anything like that? >> I don't believe so. >> Okay, we're going to double-check that though. Okay? >> What do you believe I'm under the influence of? >> Right now, um, based on my observations, um, with the involuntary jerk of the eyes, um, you have a nystagmus in both eyes, okay? >> So, what would >> we're I'm not going to I'm not going to debate that, >> You can't tell me what alcohol and marijuana and >> I'm not going to debate that. I just on my observations, um, with all three tests, okay? >> With all three >> going to talk roadside, okay? >> You can't explain anything to me. >> We're not going to talk roadside, okay? Based on my observations, you're not safe to drive a motor vehicle, okay? >> Okay. Is your body cam on? >> It is on. All right. I'm going to put you over here. Do you have anything on you on you that'll stick you, poke you, anything like that? >> Not sure. >> Okay. >> All right. >> All right. Um, you don't have anything to stick me, poke me, do you? Come on over here to my vehicle. >> There it is. Go ahead and call Harold. >> I'll be in. >> Okay. Just check to make sure you don't have anything on you, okay? >> Uh-huh. >> What is this right here? >> I don't >> You don't know what it is? >> I don't know. >> Okay, looks like a piece of piece of tape. Okay. Okay. Okay, just piece of tape. Okay. Can you pull your pants up a little bit, okay? >> Okay. >> All right, come on over here. >> Again, this was >> You don't have any shoes, right? >> No. >> Okay. >> All right. Again, this was goes away. >> Stop saying Go ahead and step in for me. >> Case details, pretext for stop, failing to come to a complete stop at a stop sign. The police logic, rejecting an immediate breathalyzer test to relies on subjective eye-jerking metrics to force a DWI arrest. Legal violations, unreasonable extension of a traffic stop, abuse of field sobriety metrics, bad faith investigation.