So, what I'm asking here is if you had any alcoholic beverages tonight. I'm getting clues of intoxication. >> sir. >> I understand that. >> drink. If you're getting any clue of intoxication, you need to go back to school. >> I've been a cop for 8 years. I know what signs of intoxication are. >> being honest with you. >> A headlight ticket became a constitutional law exam. The officer failed. The law student did not. And what came after the stop is what made this case something far more serious than a traffic violation. >> How you doing, sir? >> All right. How are you? >> Sergeant McLean with the Santa Claus police. Pulled you over cuz you have a headlight out on your vehicle. >> You know, I was actually wondering that cuz it was a little like, you know, it wasn't lit up 100%. >> Gotcha. Yeah. >> Yeah. >> Okay. Do you have a license on you? >> I do. Yes, sir. >> Where are you coming from tonight? >> Um actually just coming from my house to here to get some dinner. >> Okay. Everything's all right on your license? >> Uh oh yeah, absolutely. >> Okay. How many alcoholic beverages you had tonight? >> No. >> Nothing? >> No, sir. >> Okay. Yeah, I was going to get that. >> Oh, I thought you were handing that to me. >> Oh, no. >> Okay. All right. You have registration for the vehicle? >> Uh you know what? I I mean it's it's legit. I just don't have it in here. >> Okay. Is the car registered to you, too? >> Um I think it's my girlfriend. >> Girlfriend's okay. >> one or the other. It's one or the other. >> Just want to turn the car on real fast to see just to verify the headlight is still off. You just stay in the car. I just wanted to let you know. >> Yeah, I know. >> No, you're good. Uh just the passenger side one. >> Yeah, I think it's under her name or my name. I can't remember which one it's registered under, but >> like it's uh to a Mr. or Mrs. Sidoni. Is that your vehicle? >> woman. Yeah. >> Gotcha. Okay. >> Yes, sir. >> All right. You're all good. You said no alcohol tonight? >> No. Hell no. I don't I don't drink. >> Okay. I smell something fruity. What's that? >> Um I don't know. Probably my pops. He's a bum. >> Okay. Yeah. Can I take a look at your eyes real quick? Do you mind? >> Nope. >> I'm just looking for impaired drivers to see >> Oh, yeah. I don't I don't take those tests. I don't No. No. >> Why not? >> I just don't. I don't take tests, sir. >> Okay. Well, I'm asking you I'm I'm I'm going to make sure you're okay to drive your vehicle tonight. >> Yeah. No, I understand. I don't I don't take tests, though. >> Okay. Why not? >> I just don't. It's no It's no disrespect to you. >> No, I am performing an investigation now. >> Okay. >> To make sure you're okay to drive your vehicle. >> Yeah, well, I don't take tests, sir. >> Why not? >> I just don't. I mean, I I take, you know, I I am a law student for one, and two, I just don't take tests. >> All right, step out of the car for me, please. >> Okay. >> Here's what matters. In New York, drivers are not legally required to perform field sobriety tests. Not the walk-and-turn, not the one-leg stand, not even the eye test. The state's implied consent law applies to chemical testing, not these roadside exercises. So, when the officer asked Welch to perform them, it was exactly that, a request. Welch knew he could say no, and that changes everything that happens next. >> So, I pulled over for a headlight. >> Okay. >> Um I'm smelling some sort of alcoholic beverage. Smells like it's a fruity drink. >> Okay. >> From this side of the vehicle. I asked if I could check his eyes in his vehicle to see if he's willing to perform any sobriety tests. He goes, "No, I don't have to do tests." >> He's not doing any tests? >> I want to see if you get the same odor when you go up there. >> Okay. >> Um see what you think. >> I'm going to go get my flashlight. >> K16. You mind helping out? >> This is why as well. >> Appreciate it. Do you get that odor, too? >> Um I observed him with glassy, watery eyes. >> Okay. >> Um said he's coming out to get food, but I just wanted you to see if you get the same clues that I'm getting. >> How are you doing tonight, sir? >> Where are you coming from now? >> Um I will not answer your questions. >> You will not answer any questions? Why Why is that? >> Because he's trying to give me tests, and he's He's accusing me of drinking. >> Well, I just asked you I asked you a question, sir, to perform sobriety tests. >> I understand, sir, but I'm doing an conducting an investigation right now. >> I don't I don't drink for number one. >> Okay. >> And you're asking me if I've been drinking, so I don't drink. >> Okay. I don't know that. Never met you before. >> Well, I'm >> I just do an investigation to make sure you're safe to drive, all right? That's all it is. >> I understand, sir, but I I don't answer questions. And it's no disrespect, but it don't You know what I'm saying at all. >> I understand, yeah. >> A second officer now asks the same questions the >> first officer already asked, a recognized pressure tactic in DUI stops. Welch recognizes it immediately and knows he has the right under the Fifth Amendment not to answer. >> Mhm. And you know, no offense, but I feel like you're kind of coming on a little strong. >> No, I'm just doing my job, sir. >> And just because a vehicle smells fruity >> No, a fruity alcoholic beverage like I stated to you, sir. >> Yeah, well, you also have watery and glassy eyes. >> Of course, sir. >> And another sign of intoxication. >> I have sinuses, I have allergies, I have asthma. >> Okay. Okay. Does that Does that cause your eyes to get watery and glassy? >> Yes, sir. Absolutely. Cuz I also have asthma. >> Absolutely. Sinuses cause that. >> Okay. But do you have no issue Well, if you're not drinking tonight, there's no issue with taking a test. >> I don't take tests, sir. I just I just don't do it. I'm sorry. >> Okay. >> Do you have a supervisor? >> I'm a supervisor on scene. >> Do you have a supervisor? >> I am the supervisor working right now. >> Okay. Do you have one available? >> No, I don't. I'm I'm the supervisor right now, sir, of this shift. >> Okay. >> I'm asking you to exit to make sure you're okay to drive right now. >> I'll exit, sir. I'm not I'm not You know, I'm not going to just not comply. >> And I appreciate that. >> You want me to exit? >> I I want you to exit to make sure you're okay to drive. We're giving you a lawful order to exit your vehicle to make sure you're okay to drive. All right. That's all I'm doing. >> Can I grab my wallet? >> That's Don't You don't need your wallet or anything. >> Yeah, I'm not taking any tests, so that's why I don't know what what you're You okay to put this in my Is this okay to You can put it back down for our safety. I don't mind. Yes, sir. I don't I don't I don't >> It's going to be an officer to get it. >> I don't I don't comply. >> It's just going to be a quick pat down for our safety. That's all it is. >> If you have to do it >> I'm not going to hold anything. Okay. >> Go ahead. If you have to do it, this is embarrassing. >> It's not embarrassing. It's for our safety, sir. >> I run a local business. >> It's nothing against you. If you get out of the car, I just want to make sure that's your wallet. >> Yeah. >> That's your That's your put your wallet in. Okay. >> I don't answer questions, sir. >> I'm just I'm just double-checking for our safety. >> The frisk when Welch steps out is the most legally vulnerable moment of the stop. Pennsylvania v. Mimms allows officers to order a driver out during a lawful traffic stop, but it does not automatically authorize a pat down. A frisk requires specific articulable facts suggesting the person is armed and dangerous, not a hunch, not simple nervousness. Welch had been cooperative, kept his hands visible, showed no threatening behavior, and had no visible weapon or bulge. So, when he finally says, "Go ahead if you have to do it," was that genuine consent, or was he simply submitting to an officer who had already made clear the frisk was happening? Now, it's your turn to weigh in. Did Welch freely agree to this search, or did the officer cross the line? >> I don't I don't know that. I've never met you before. >> People have told me a lot of things in the past. All right. So, what I want to do is check your eyes, and make sure you're okay to drive. >> Absolutely not doing that, sir. >> Welch tells McLean directly glassy eyes alone are not probable cause. A fruity smell that a second officer cannot confirm is not probable cause. Probable cause is a threshold. McLean was nowhere near it. >> Would you be able to walk for me? >> No, absolutely. I'm absolutely not. >> Okay. Why is that? >> I can't believe that you think >> If you had nothing to drink tonight, this would show that you have had nothing to drink. >> Sir, I'm not doing that. >> Why is that? >> Cuz I do not I've I've been through law school and everything else. I do not comply. >> You do not comply with a lawful order? >> Sir, I have answered your question. >> What I'm giving you is a a lawful I'm giving you an order. >> I'm I'm telling you you're giving me an order to take a test. >> I'm advising you to take a sobriety test to make sure you're driving legally. >> I will not take a test. No disrespect. I have >> We're not trying to disrespect you, either. >> You are, because you you keep asking me multiple multiple times. >> We have a job to do, okay? That's all it is. It's no disrespect towards you. >> I've answered your questions. I will not take any test. I will not, and and it's no disrespect. I have a lot of friends that's law enforcement. You know what I'm saying? I would not disrespect in that way. >> We appreciate that. We're not disrespecting you, either. >> I do not take tests. >> McLean uses the phrase lawful order when Welch declines the walk-and-turn. That framing is legally incorrect. There is no lawful order in New York requiring a non-arrested driver to perform field sobriety tests. Calling a refusal non-compliance does not make it non-compliance. What it does is create a record of an officer misrepresenting the law during a stop. >> I do not. In fact, I've dealt with you before um previously. Is Is this >> what Recall when I pulled >> I was on Whitmer Lane um before I you came to my house um and asked me a bunch of questions. >> Okay. >> Also, you know, again, >> Oh, was that about the Was that the Uber thing? >> Yes, sir. >> Okay. I do recall that. Okay. >> And I was more than respectful to >> I know you were. >> And I And I And I appreciate >> nervous because here I am at Burger King getting dinner for my family, you know, and I get nervous when I speak to cops because I just I get it, but you pulled me over for a headlight. >> That's correct. >> Okay. And now you're Now you're pushing it. You're You're saying >> it. I'm just doing an investigation. >> You're saying I'm drinking fruity alcohol. You're You're saying something that >> smells fruity. >> I have fruity alcoholic beverages. >> I deliver groceries for Walmart, so maybe something like that, you know. >> have watery glassy eyes. That's a sign of intoxication. >> Many people have that, so >> Okay. Well, I don't know. I never >> Just because somebody has glassy eyes doesn't mean anything. >> Yes, it's a It's a It's a sign from our training and experience. It's a sign of intoxication. >> well okay. So, what are you going to do with this, sir? >> Just sit tight with this camera fast. >> Welch mentions that he has dealt with McLean before, and the Uber incident he references becomes far more significant once you learn what Welch later uncovered in McLean's personnel file. This was not the first time McLean had pushed past the line, and it would not be the last time that pattern mattered. >> All right, man. There's There's no disrespect between me and you. I'm just I'm just doing my job. Um You don't want to perform tests. >> No, sir. >> Um I would try and understand. You don't have to uh if you choose not to. >> And again, it's no disrespect. It's just I know my I know I know my rights. >> Right. Understood. Understood. So, I'm going to write you a ticket for the headlight, >> Okay. >> Do you mind just stepping back in your car for me, please? >> Absolutely. >> So, I can get that going. Just hop back in the front hop back in the driver's seat. >> All right. I just want to let It's all weird. So, I just literally replace that one back light. >> Right. Okay. >> [ __ ] >> So, you can do that you can go home and get it fixed tonight. >> Yeah, it wasn't it wasn't too long ago. >> Okay. >> So, yeah. >> I'll give you a fix-it ticket for the headlight and then you will you will have until Monday to get it fixed on. >> Till Monday? >> Yeah, cuz it's >> Okay. >> It's usually the next business day, but since it's a weekend >> with that? Do I bring a um to the sheriff or not sheriff? >> go you literally you can go to any you can go to a mechanic to sign off on it. >> Okay. >> Uh law enforcement officer. There's instructions. >> to give me a ticket just for that? For real? >> That I'm we're doing traffic enforcement tonight. >> kept me out here all this time to write me a ticket for that? >> traffic enforcement, sir. >> buddy. What's your name, sir? >> Sergeant McLean. >> Do you have a card? >> I do have a card. It'll be on the My name will be on the ticket as well. >> All right, sir. I appreciate it. >> All right. Just give me a moment, please. >> Thank you. Appreciate it, guys. >> McLean issues a headlight ticket and tells Welch to step back in his car. That should be the end of the stop. If you want to continue to see what happens when authority gets challenged, subscribe to Case Point. We've got more cases like this coming. >> I I I was calling to see if we could do a possible obstruction charge for for not wanting to provide uh submit to So, uh Santa Fe Springs attorney told you you can't do an obstruction charge. >> Get him back and away from me so I don't >> So, did you get I got a whiff of like a really alcoholic beverage. >> Yeah, in the car. >> Yeah, that's that's the odor I was getting from the vehicle, which is what I explained to him. And then his eyes were glassy and watery. >> I couldn't like he got back and kind of backed away from me when I was trying to talk to him. >> Right. Okay. >> And then well, he wouldn't like I couldn't get a strong enough >> He was steadying himself on the hood of the car. He was hugging us. He kept touching but his eyes were glassy and watery. >> Claiming allergies. I >> My odor out of the car wasn't strong enough for >> You get strong enough. Did you get a strong odor out of the car? >> I can smell it. >> I don't know. I don't know. He's He says he delivers food or whatnot, so it could be some sort of food he's delivering. That's what he's claiming. >> Oh, they are They are birds. They're going to be >> I tried calling a DA, but they didn't They didn't answer their phones. Uh I was going to call for an obstruction OJA charge cuz I'm asking for a sobriety test. Then I called Lieutenant Clair and he said that they've done that in the past and they don't That's not something they could do. >> you just cut your losses then? Cuz I mean he could be a he could be a point one oh right now. >> That's I I It's hard to tell. It's like you're 50/50. Is that something you're going to take him back and arrest him for? Um So >> What's his history? What is his deal? >> He He also said that if you feel like he's kind of on the on the fence, you can have him call a license operator an operator to come pick him up. >> He won't do that though. >> Thought I'd just cut him a highlight ticket. >> All right. Want to hang out? >> Yeah, just >> Yeah. >> Just wanted you guys to hang out if you want. >> Okay. >> You're in North Gallon? >> Newark. >> Yeah, you can hang out then. >> I I'll just hang out. No problem. I'll take care of that. >> Yeah, if you want to. That's all right. >> Off camera, McLean tries to reach a district attorney about charging Welch with obstruction for refusing to field sobriety tests. The DA does not answer, so McLean calls his lieutenant. The answer is clear. Obstruction does not apply and this approach has been tried before. It does not work. Another officer on scene tells him the same thing directly. You can't do an obstruction charge. Two people in two different positions told him no that night. And years earlier, another department had already told him the same thing. At this point, it is no longer a misunderstanding. It's a pattern. >> Do you know this guy? >> I went to school with his daughter, yeah. He has a younger kid. Younger son. I don't I mean I don't know him, you know. I just know his daughter. >> Check it out. one before down. >> It's pretty ridiculous though, but I mean >> Valid. >> Stopping anybody from just refusing test. So, he I smell the odor of pulled over. >> Yeah. >> It feels like there's some It's pretty ridiculous to just >> All right, I can tell him is that he's going to have to call someone who can get him a ride because I don't He's not willing to provide test, so I can't get determine if he's intoxicated or not. >> That's That's the That's what's going to That's what's going to come down to then. >> Yeah, if he's not willing to get test, you know, I mean we don't we can't determine. I mean, see if his spot's going to be okay. We didn't get the DWI, but at least he's going to be getting home safe. We know that for a fact. >> Right. >> Officers discuss among themselves what to do next. The consensus is clear. Without a test, they cannot determine impairment. They know they do not have what they need for an arrest, but what McLain does next is where the stop crosses its final legal line. >> All right, sir. So, you're going to get a citation for inadequate headlight. >> Okay. >> So, I My You wanted to speak to a supervisor of mine. >> Okay. >> I notified my lieutenant on the phone. He's aware of what's going on. >> Perfect. Thank you. >> He gave He So, I can't determine if you're okay to drive or not. >> Mhm. >> So, you refused a sobriety test. >> Yes, sir. >> I told you you have signs from my training experience of intoxication. >> Okay. >> You have You have slowed, mumbled speech. You have watery glassy eyes. >> I know what you said, sir. >> Okay, and I smell an odor of an alcoholic beverage emanating from inside the vehicle. >> Okay. >> So, I don't know if you can drive or not. So, you're going to have to call someone to pick you up to drive. >> Okay. >> Understood? So, that's what >> Okay. You want me to call someone right now? >> That's correct. >> What am I going to do with this vehicle? Leave it here or what? >> I will let them know it can >> Okay. >> Okay. >> All right. Yeah, let's do that. Sounds good. >> So that's it, sir. Your license. >> All right. >> You wanted a business card as well, you said? >> I do. Yes. >> So that's >> I'll grab my phone. >> That's fine. >> Oh, that's all right. We can We can play this game. >> I'm not playing any games, sir. >> Sir, you're being very disrespectful and you're going to have a whole file against you. >> I've never been disrespectful, sir. >> Sir, you are being very disrespectful. >> This is all recorded on body camera. >> You have pushed this above over a >> I I I I have not, sir. This is all recorded on body camera. >> Excellent. I appreciate that. >> No problem. >> I have it all recorded as well, sir. >> That's That's fine. >> Um I guess that's it, then. >> Yeah, just give me your number. >> Yeah, here's contact number for you. >> Yeah, let me try this. >> Here's your citation. You have a court date of uh August 14th at 12:00 p.m. at the Santa Ana courthouse. >> Yes, sir. >> For the correction ticket, you have to get it corrected by Monday. >> I will. Yes, sir. >> Have it signed off by a mechanic or a police officer. >> Okay. You got it. Yes, sir. >> And my business card right here, sir. >> All right. >> And your citation. Like I said, my lieutenant's been a work made aware of the situation. >> What's his name? >> Lieutenant Clear. >> Clear. Yes, sir. >> He's in mid-way of the situation. >> Okay. >> All right. >> Yes, sir. >> Any other questions for us, sir? >> That's it. >> All right. Have a good rest of your night. >> There was no arrest, no citation for impairment, and no lawful basis for ordering Welch to abandon his vehicle and give up his right to drive. The community caretaking doctrine does not give officers a way around the Fourth Amendment. Without probable cause or another valid legal basis, detaining Welch and taking control of his vehicle amounted to a warrantless seizure. As a result of this stop, Welch started digging. A records request revealed that McLean had tried this before. In February 2020, a supervisor at his former department told him he could not charge a driver with obstruction for refusing field sobriety tests. Then, Welch found something even more serious. In June 2020, McLean deployed a taser for 53 continuous seconds on a person who was not violently resisting. The investigation found multiple policy violations, and one investigator questioned whether McLean was fit to remain a police officer. McLean resigned from the Greece Police Department shortly afterward, but that did not end his law enforcement career. Seneca Falls hired him anyway, promoted him to sergeant in 2023, and still employs him today. Welch later sued McLean, the other officers, the police department, and the town. Public court records show the case remained active as of January 2026, with no final outcome publicly available at the time of this video. One broken headlight led Welch to uncover a pattern another police department had documented years earlier. The difference this time was that the driver knew his rights and refused to let it end in that parking lot. At what point did you realize this stop was about more than a headlight? Let us know in the comments. Thanks for watching.