on September 9th 2024 a deputy from the Montgomery County Precinct 5 Constable's office in Texas conducted a traffic stop on a driver who pulled into a gas station parking lot the interaction was recorded on the depuy's body camera you going to roll on the window why not roll on the window yes help you officer nor MCG County cons Precinct 5 the reason I pulled you over is your license plate is is obscured I cannot see your license plate um you're full of crap anyways because it's got my bicycle things on it it still can't be covered yes it's not covered it but that it's obscured legal no it's not I cannot see your license plate I cannot see your license plate I'm sorry okay so it's obscured do you have your Li your license on you yes okay however it's not obscured okay it is obscured you can call officer Simpson I'm Sergeant Simpson and ask him it is not obscured so me not being able to see your back license plate don't roll up your window on me oh watch me okay an accident to begin with so don't threaten me I didn't threaten you I said don't roll don't roll up your window on me an accident to begin with okay that that's all I said was don't roll your window up on me where's your license um it's not obscured okay you can read we can we can agree to disagree where are you coming from today under of your business okay cool any weapons in the vehicle none of your business it is my business actually I don't have to answer any questions yeah you do are there any weapons in the vehicle here you go are there any weapons in the vehicle no okay any illegal narcotics I'm not answering any more questions the deputy argued that the driver's license plate was obscured by a bicycle rack potentially violating relevant section of the Texas Transportation code however the statute explicitly excludes bicycle racks attached in a normal or customary manner from being considered violations this makes it highly likely that the driver's plate was not unlawfully obscured rendering the traffic stop invalid from the start okay cool go ahead and hop out of the vehicle for me excuse me hop out of the vehicle excuse me go ahead and hop out of the vehicle um say that again go ahead and hop out of the vehicle get out of the vehicle theic yeah you are oh no I am not yes you are no I'm not yes you are 8520 can you send me another unit I have a occupant that's refusing to get the vehicle yes you are do Notting it's a lawful order no it's not a lawful order yes it is it is a lawful order me telling you to get out of the vehicle I am not getting you can open up the channel you can get out of the vehicle or you can go for interfering okay well we we'll sit here all day until okay we we'll sit here and all day all I asked was for you to get out of the vehicle I am not getting out of my vehicle I don't know what's in this vehicle you're not telling me if they're weapons I asked you if there are weapons you said I don't have to tell you you said I don't have to tell you so for all I know is you have a firearm there noic there's no weapons in my vehicle uhuh you said I don't have to tell you exactly but I also told you there was noic weapons in my vehicle okay cool well I do not have to get out of my yeah you do it's a lawful order no it's not okay we you again we can agree to disagree not doing anything wrong there is no reason for me to get out of my vehicle and I gave you my driver's license okay but I again I'm asking you to get out of the vehicle and you're still refusing getting out of my vehicle okay well we can either pull you out call Sergeant Simpson I don't need to call Sergeant Simpson there is no reason for me to get out of myeh not done anything so me asking you is a lawful order no yes it is it not it definitely is a lawful order okay no reason for it okay she already locked it that's all right we got we got a sergeant on on the line right now see he's in R so you can sit here or you can comply with our orders there is no there is no reason for me to get out of my I don't know what's in this vehicle you were hesitant on me asking if there were any weapons in the vehicle and you said no I don't have to tell you so no weapons in myle I do not shine your flashlight in my eyes you're deatha well that has nothing to do with a flashlight in your eyes no it doesn't I you're you're not even looking at us I can hear you because you're loud enough you you can hear us but you're not looking at us no I can't not now I can't okay anyways I'm going to run her the deputy threatened to take the driver to jail for interfering by refusing to get out of the vehicle claiming that this was a lawful order however as the case illustrates officers can order drivers to exit their vehicles during lawful stops in Texas refusing to comply with such an order can lead to arrest for interfering with public duties however the deputy's order to exit the vehicle would not be valid as the traffic stop itself was likely unlawful due to the misapplication of the license plate concealment Law Courts have held that interference charges cannot be brought for resisting the unlawful actions of Law Enforcement Officers meaning that the driver's refusal to exit the vehicle would not constitute interference hands on the hood anything only that's going to poke prob Me patch you down for officer safety No Hands on the hood that's not a pat down that is full my bra it is a definitely a pat down you we can argue all you want I don't know why you are being so defensive you are not patting me down you are feeling up under my bra is is that I'm allowed to no you're not okay where are you coming from today I answer okay anything in the car that you're not supposed to have no okay have you ever been in trouble with the law before no no except for that I got pulled over like um I went to jail for inspired inection registration like a long time ago okay so there's nothing inside the vehicle that you're not supposed to have no okay do you mind if I search the vehicle yes I do okay the deputy's allegation that the deputy was allowed to Touch under the Drone driver's bra as part of the pat down raises serious Fourth Amendment concerns under terv Ohio officers May conduct a limited pat down search for weapons if they have reasonable suspicion that the person is armed and dangerous however as clarified in another case precedent the search must be strictly limited to the detection of weapons and cannot be overly intrusive feeling without specific suspicion that weapons are hidden under the barah would probably exceed the scope of a lawful Terry search a court could then find that the search was conducted in retaliation with malicious intent Beyond Deputy safety okay stay right there do we have any canons no you have any canons on huh yeah yeah I'm going to um wonder if that's enough for me to technically she was interfering oh yeah done I'm going to call the D did you call the da before you yeah well my guy had physically yeah but how many times did we ask her you know it took it took four units only asked mine three times it all right I'm going call the da hello this officer Norton with Montgomery County Council post Precinct 5 I got a question for you that's CLE um so out on a traffic stop um for obscured license plate um she has like bikes covering her license plate I can't see the license plate um when I told her that I wasn't able to see the rear license plate she argued with me and says that it's not obscured um this this and this I asked her multiple times to get out of the vehicle um cuz when I asked sorry hold [Music] on uh when I asked if there were any weapons in the vehicle she said that she didn't have to tell me and I said well it's for officer safety um this this and this and finally after asking her multiple times she said no there's no weapons in the vehicle I then asked her okay well do you mind stepping out that way I know you know for my safety your safety everything's okay she then uh rolled up the passenger window said it was an accident acent and then um she refused to get out of the vehicle when I asked her multiple times it took four other officers to ask her verbally we didn't have to physically remove her um but she finally got out of the vehicle and then um as I'm patting her down seeing if she like you know stuffed anything anywhere in her bra she said that I was not doing a pat down that I was illegally searching her um so I was going to see if if that's enough for interference give me a second I wna look at something okay okay here's here's where you're at I'm with you technically yes you have the violation if you want to file it however there are some problems that will make you look terribly bad if you have to defend this case in court okay the first one the first one is the statute I wanted to look at is that bicycles and motorcycle racks attached to a vehicle in normal and customary manner cannot used as a basis forr the stat okay even even with the bicycles on it I'll read it to you um subsection A7 which is the license may not be construed to apply to a bicycle or motorcycle rack is attached to a vehicle in a normal or customary manner that's problem number one problem number two it sounds like she has a valid point about the search in saying that you patting her bra is not a pat down it's a search um so the long and the short of it is I would not do it but if y'all really want to bite off that fight yes we'll file it no I mean if I'm I'm going to go with with obviously what you say because I'm I'm calling you to get your opinion on it um yeah I mean that's that's where you could you could easily make out the case for interference with public duties for her refusing to come out of the vehicle for an extended period and requiring a number of officers to get involved however a defense attorney I in my opinion is going to eat you alive with the other two issues at a trial on that case so I'll go whichever way y'all want to go and I'm certainly happy if you want to talk to Sergeant about it make a decision that way no no no I like I said I I called you to get your kind of approval on on the the stuff that we got legally right morally I wouldn't take that fight if I were you yeah okay um I was under the impression that if we weren't able to see a plate in the back at all then it was obscured um well I read you the exact language and so you can see how you think it applies to your exact you're looking at your situation live I'm not yeah no I got you uh yeah I mean I physically can't see the plate so like I legit had to go under the bikes as I'm pulling over the vehicle to see the plate um um like there's three bikes yeah so I'm giving you my PES so which way you want to go with me okay all right thank you so much all right bye that's C you can disregard you want to speak with the sergeant you have any questions all right well the Sergeant's right here if you want to speak to him if not um you're more than welcome to go on about your day thank you um do you have any questions for me for him no okay after Consulting with the district attorney the deputy released the driver without further action limited details about the incident are available and it remains unclear whether the driver filed a complaint or plans to take legal action on February 6th 2024 deputies from the Hillsboro County Sheriff's Office including Deputy Francisco Diaz Rodriguez responded to a report of unauthorized entry at a commercial property in Hillsboro County Florida upon arrival they encountered Curtis Bailey the property lesie and his brother Alan Bailey the interaction was recorded on Deputy Diaz Rodriguez's body camera [Music] let me check I'm just going to Che yeah you hang on on part real quick go with him real quick to get the phone so I call the owner yeah well the owner he apparently thinks that he can do it without to find off we are the ones that least he not let me see about calling it see if we can find it might be in this Tru too why your ID uh the phone the other phone we're looking for his other your yes curently it is until either the eviction goes through or until we leave and we're almost done leaving I bring my phone bring the phone do you have your ID with you uh I haven't broken a law yet do you have your ID with you of course I hey heying over here no no no no no no no no you're going to come over here I'm talking to you here okay do you have your ID with you I do I already answered that can I please have it you asking or is it I'm ask I am asking yes all right we're here in a call so we got to I get that so can I please have your ID I'm respectively saying no at this point at only at this point okay and why do you want do do you not why do I have to he's the one that owns the let me fin this please sir oh not listen listen to me he's the owner of the besides besides besides the story besides the story what's your name Alan my name is Frank Deputy Diaz Rodriguez you can read right here yeah I would never be able to say that but Diaz Rodriguez you can just repeat after me Diaz rrig yeah the rrig so you have an ID you say should okay can I please have it once we determine what's going on they they are they are doing that part of this call I'm do this part of I do not have to help you with your investigation I can stand here be quiet okay and I'm not doing that I gave you my name okay okay I haven't committed a crime at least not that I know of either mhm and that uh how old are you huh how old are you 60 60 okay so is that your car that's this is all his so all of these cars are his these two cars are his none of these cars here are register here none of these cars here are registered to you I know I'm not making out none of these cars are what registered registered no none of them are registered to me can I go get my drink just my drink right here sure I understand that you got to do your investigation and stuff like that I myself is just here helping my brother out okay I have no other interest in this except that I heard him he when he found out he came because the owner I talked to him like two days ago the owner I was here picking up some stuff uh on a cart that's somewhere around this corner here M and uh you know and you know he told me a little bit what was going on you know and stuff like that to dealt with this situation I said all I'm here is to help him get his stuff out of here uh and stuff and the owner said fine no problem uh he said well I'm not he's going to have people work on cleaning up the property or cleaning up the stuff inside I go great no problem you know and he says you know I'm not going to call and have all this toad off or anything and go right he says is the is your brother uh going to give us the key I go I don't know I don't know what's all going on so we know that he started some stuff but it has not been completed we have not been evicted by his lawyer his lawyer he he knows who his lawyer is I don't know his name uh said that he checked on the dockets and see if there was anything if a RIT of a possession was done yet and he said nope it's not been done you haven't got one delivered to you and said nope I didn't know there was one coming and so and the lawyer says well you still have uh controlling interests of the property go ahead and cut the locks and we cut one L your lawyer told you to do that Mr Bailey explained that his brother still had legal rights to the property because he had not been served with a rid of possession under Florida eviction law a RIT of possession is a court order that allows a landlord to regain possession of a rental property after an eviction judgment the landlord must first file an eviction action and obtain a favorable court order as stated in the relevant section of the floor of statutes the order directs the sheriff to give the tenant 24 hours notice before taking action as this notice was not given Mr Bailey's brother may be considered to still legally own the property his yeah well it's just like this is a totally different situation but it was still following the same scenario do you have any property here say that again do you have any property here miss premises yeah we yeah we do not me not me my brother does that's his truck that's his frame that that body that is supposed to go on mhm okay so the owner and this part here you know a lot of this is just hear say I can only tell you what I was told okay cuz I'm not into this at all right okay so the owner told my brother that he was thinking of selling the property get that and so um so a couple people just came by to look at the property and stuff but then out of the blue the next thing I know we know we're being told that we got a move not me he is and so I I came down so he he the owner or not he's the leasing party he Le in party okay so he's the leers where's your brother that's him there the guy standing over there in the black that's your brother yeah okay he's the leasing party you know the guy wanted us out he was the only one able was doing it I came down to help him we got more more stuff out if there is an eviction it hasn't gone to court it hasn't been adjudicated or anything yet that's my understanding by what the lawyer said earlier today okay Chris I believe the GU the owner the property owner's name told me that we can come and get anything that we need to get off it this was 2 days ago and so then we come and you see the locks on there we call the lawyer her's waiting for this phone so that he can call whoever it is he needs to call okay so if you don't mind me let giving him the phone so he can at least call whoever he's got a call um you mind me getting your information see if there's any injunction in the system that has anything to do with you can I have your information to there won't be any there won't I won't be in the system at all about this again I came from Michigan two weeks do you have an idea with you can I please I say that I did can I please have one I don't want my name you don't you're not going to be your name is not going to be mention you're going to call you're going to call in and see if there's any wants or warrants for that's not what we do we document everything we do everybody you can just document that right at the moment I'm a law-abiding the citizen far as I know I have not broken any laws you are being you are being on Cooperative right now well I appreciate that you realize that and just because I don't feel that I need to ID myself is is not you have the already on see that's what see and he's refusing so he's going to be in handcuffs in a couple of seconds because I'm going to be handcuffed you just got through saying that I know who you are you're not going to leave that is not a reason to I just told you right now until I know who you are you're not going to leave here I'm not leaving here we're you have how many how many cops are you're going to be in the back of my patrol card in a couple of seconds if you don't give me your ID how about that all right well I'm going to start recording now okay you are denying me the right to record I got a prosthetic glaz course put your hands behind your back get up Sir come on give it let me put your hands behind oh you want I'm stupid no my leg is falling off God damn it look at that you listen I'm say I'm going say one more time you get up will get up okay I was showing you my leg fell off and you didn't have to do that I I told you before I kicked it off that it was coming off okay now I'll grab my leg I'll put it on I'll stand up please so stand up go back over there thank you go yeah we're help we we don't need you over here goodbye that's great you're you are too we're trying to get his ID I guess he's refusing I I because I haven't broken the law they didn't need to get to the SL I didn't do nothing focus on focus on putting your stuff back on so we can continue what we're doing here okay what violating my rights no nobody's violating your right well yes because I haven't can I finish talking no because I haven't broken the law okay you you asking I have to I I can only have to be verified myself if I break the law right hurry up and put that it is put it on hry it's a federal Supreme Court ruling put on hurry up put it on and what happened to you just got through saying put put I'm asking a question I'm allowed to do you're not asking the questions here I'm asking the question here so before so before I get you up before before I get you up listen listen to me listen to me before I get you up I have a right to remain silent okay no problem put your shoe on you see I have no toes okay nobody cares go put it on that's right nobody cares on put it on hurry up I'm to help you is your M I'm trying to help you or you going to go to jail without without no shoes and without no legs all right put your foot in that in front of that please go do you have your IDE with you for the last time cuz how many how many the last time I told you I did have you do so are you going to provide us with your ID under threat of arrest yes no no I'm going to nobody well you just got you're making me lose balance you're going to make me lose balance come in come in my pants are falling down under threat of arrest I will ID if you're not going to arrest me I refuse after being handcuffed for filming Mr Bailey agreed to provide his ID under threat of arrest but officers refused to allow it Florida law permits officers to request ID during lawful stops if there's Reasonable Suspicion of a crime however Deputy Diaz Rodriguez hadn't clearly stated Bailey was detained or required to comply and Bailey declined to provide his ID at that moment while leaving the option open raising questions about the detentions legality we're here for a lawful reason you that's right until I have broken the law and you're going to go on the because you can't listen you cannot listen to what we're let's go sit in the car turn put your hands on your back give me a second give me a second get my feet right you're doing a little too much all I'm doing is talking no you're not you're not doing anything I was asked you to do you asked me the IG I as not to ig what that's not how this works yes it is Mr Bailey was charged with resisting an officer without violence he later stated in a video posted on his YouTube channel that he had filed a motion to have the charge dismissed no online court record of the charge could be found indicating that there is no active charge on the other hand Deputy Diaz Rodriguez and other Deputy sheriffs involved in the incident are under scrutiny for their actions