Can I come out? Can I get out of my car? You're not my boss, you're not my daddy. JUST LET ME OUT. I DON'T WANT TO GO TO THE CAR. WHAT ARE YOU DOING? ON MARCH 8TH, 2023, a plate check in Orange County, Florida, triggered a suspended license stop that escalated into two felony charges. This is a legal and tactical analysis. Stop. How you doing? License and registration, please. 245 mobile and Conway Road patrol. As soon as I get your license, I'll be glad to tell you. Okay. 10-49 mobile 2. Thank you, ma'am. Jasmine, the reason why I'm stopping you is cuz I ran the plate. Your license actually comes back suspended and you have a seized tag order in reference to your car insurance. Okay. Well, I mean, you do. No, I went to the courthouse yesterday. Uh-huh. Made my payment. Right, you made the payment, but you didn't take care of everything else. How do you know? Because it says in my record. I just did it yesterday. Maybe they didn't update it. They didn't say I couldn't drive. Yeah, well, I'm telling you you can't drive. Your license is suspended. It's not. I went to the courthouse yesterday and >> Okay. Jasmine, when's the last time you had a ticket? I haven't been pulled over. You're the first one to pull me over in months. So, you've never had a ticket before? No, only red light camera tickets. Red light cameras? Okay. Has your license ever been suspended before? No. No? Okay. And the address here is this correct? >> Yeah. Well, which one? The one on your license here or the Conway Road? The one on my license. The one on your license? Okay. Cuz they don't forward DL information, that's why. How long has it been since you lived in Conway? Only a couple months. A couple months? Okay, so you just moved back here? Yes. Okay. And what do you have there? You were trying to show me something else. What's this? This is the paper I filled out at the court. Yeah, this shows you live in Kissimmee. The paperwork that you filled out yesterday. I'm sorry? Well, because you have to have the correct address on your license. That's a civil infraction. The Kissimmee one? The one on my actual Okay, well. Why would you write incorrect information? >> write incorrect information. Okay. I'll be right back. A database return showing a suspended license constitutes a Fourth Amendment probable cause for a lawful stop. Florida statute section 322.34 prohibits driving on a suspended license regardless of the driver's belief otherwise. Administrative processing lag is not a legal defense. Florida statute section 320. 0607 mandates tag seizure when insurance requirements are unmet. With four active suspensions on record, the impound was not discretionary. Have a seat at your car. Have a seat at your car. When I'm done. Ma'am, I don't care. You have to have a seat in the car. Okay. Listen to me. You don't have the right to get out. >> I have the right to do whatever I want. I can get out of my car. I can get out of my car. You cannot tell me I cannot get out of my car. >> Yes, I can. >> How can you not? You're not my boss. You're not my daddy. There's a Supreme Court ruling that says you need to get back in your car. Now, get back in your car. >> Let me see the paper. Google it. Get back in your car. >> Googling nothing. Okay. Ma'am, you're losing your car today. I'm impounding the car. I'm taking your license, and I'm taking your tag. How are you impounding the >> want to call somebody to come get you, that's the best thing. Well, I apologize. Your license is suspended four times. You have an FR suspension. And you have not cleared everything. Everything is not cleared up. I'm telling you to tell me that. I asked if there's any other problems. She didn't say nothing. I'm telling you what there is. I will give you all the court tickets. I will give you all the information. Your car is getting impounded. It's going to go to the record yard. It's going to go to police impound until you get a valid license. Can you physically go down to the DMV office and reinstate your license? You owe money because you're not allowed to drive. I cannot let you get in a car and drive again. I'm just telling you what's going on. Well, you can take it up with the clerk. Okay. Hey, Ryan. Come on, Ella. Ma'am, I can't I can't help it if she doesn't do her job. I can't help that. Ma'am, go stand by your car. Go stand by your car. Go stand by your car. Ma'am, you're this close to going to jail. Okay. You're this close to going to jail. >> [crying] >> Go have a seat by your car. Pennsylvania versus Mimms, 1977, grants officers full scene control during any lawful stop. A driver may be ordered to exit or remain in the vehicle. Compliance is not optional. Exiting without permission is a Mimms violation. Disputing a stop at the roadside prolongs it. It does not end it. Departing, while the stop remained active, triggered Florida statute section 316.1935, fleeing and eluding. The statute requires only willful departure from an active stop. Duration of flight is irrelevant. One block or 10 miles, the statutory elements are identical. This is a third-degree felony. Subjective belief that the stop had concluded is no defense. Get out OF THE CAR NOW. WHAT IS THE GET OUT OF THE CAR. TURN AROUND, PUT your hands on the back. What is your problem? Get out of the car. What is your problem? What is your problem? >> Relax. Relax. >> You're hurting me. YOU'RE HURTING RELAX. GET [laughter] OFF OF ME. RELAX. YOU'RE HURTING ME. GET OFF OF ME. GET OFF YOU GOT BAD HANDS. GET OFF OF ME. I CAN'T GET GET MY [ __ ] YOU [ __ ] GET OFF OF ME. DON'T TOUCH ME. GET OFF GO TO THE CAR. NO, I DON'T WANT TO GO TO THE CAR. GET OFF OF ME. I WANT TO GO GET MY [ __ ] KEYS. NO, YOU HAVE TO STOP PUTTING THESE ON ME. WHAT ARE YOU DOING? YOU'RE HURTING RELAX. YOU HAVE TO GET IN THE CAR. STOP RESISTING. OH MY YOU'RE HURTING ROLL OVER. STOP RESISTING. STOP RESISTING. YOU'RE HURTING ROLL OVER. >> [screaming] >> YOU'RE HURTING MY LEG. I'M NOT RESISTING ANYTHING. I WANT TO GET MY KEYS. GET OFF OF ME, PLEASE. >> [screaming] >> GET OFF I'M NOT LETTING YOU'RE HURTING ME. GET OFF OF ME, PLEASE. I'M only 130 lb. Stand up. Help me. Stand up. Look what you're doing to my hand? Stand up. You [ __ ] [ __ ] What the [ __ ] is this? Oh my god, I'm going to get my kids. What is WRONG WITH YOU? LOOK AT MY HAND. I DIDN'T DO NOTHING to you. What the [ __ ] All right, you can't take off on a traffic stop. >> Take off on a Get in. It's all on video. Stop the car. I was at the Wolf. Get in. You're such a dick. I don't County 249. 249 Show with the black female 10-15. Can you drive and resume normal? 249, you want to copy that? 915 copy. You guys are okay? Yeah. All right. Thank you. Yes, sir. Keep traffic free unit. You got it, captain. Now, your volunteer can cancel. We appreciate it. Thank you. 749, I just finally get it. Huh? 249 I got I got one. You want some of those white ones? Yeah. Thanks. 749, I'm out at Maxwell and Apple. Can you take these handcuffs Nope, you're going to jail, ma'am. I didn't do nothing wrong. Well, unfortunately, when you fled from the stop you did something wrong. When you didn't listen, you did something wrong. I was So, now now and then when you when you punched me when you punched me on the ground, yep, you swung and hit me. Now, that's battery LEO. It's all on video. Okay, it's all on video. Ma'am. Ma'am, it's all on video. You all right? Are you? Yep. You want to Our Ford car. Can I please call my mom? No. You can call You can call your mom after you get booked into the jail. 24 alpha. At where? >> [snorts] >> Why would I arrest you? Yeah. Uh because you ran from the traffic stop. >> run from the traffic stop. I was at the red light. The light turned green. Ma'am. Ma'am. Ma'am. Did you not just drive off? Did you not just drive off? No. Yeah. I was at the courthouse. Why can't I go? I want to Because with the traffic stop wasn't done and I told you that. >> Yeah, but I need to go to the courthouse. It doesn't matter. You don't have the right to leave. You don't You don't have the right to leave. I Well, I don't I don't need to understand. I think probably you're fine to go. Why would you TELL ME I'M FINE TO GO BUT THEN you get arrested? Huh? I don't know. That's between you and them. Well, unfortunately, you're going to jail today. Unfortunately, you go to jail today. You'll get booked in. Okay, so when are you taking me there? When I'm ready. It's my time. I will get done and we will head that way. You assaulted me. You hurt me. I'm bleeding. You hurt my both of my legs. And you say punch you. I can't EVEN THROW A PUNCH. I'VE NEVER EVEN LIKE FOUGHT like that before. What are you talking about? YOU GOT A COMPLETE DISPRO YEAH. You got an attorney pound girl with being real punk where her both her hands behind her back. That's a lie. Yeah, we're good. We're good. No, we're not. Just Just what I had at a traffic stop. She didn't believe her stuff was suspended. >> I believe you. Then she decided to jump on when when the car was getting getting ready to get impounded. She jumped in the car and took off. Uh-huh. So Ron was able to get here, I was able to get there, and then of course, you know, she wanted to fight and not go to jail. >> fight. I don't know how to fight. I'm only 130 lb. I small. Can I fight? So it was a good day, I guess. Yeah. Where are you? >> Nobody got hurt. No one I'm hurt. So. I'm [ __ ] hurt. I'm bleeding in my head. How are you? It's been a while, man. I'm bleeding. You can't No. You can't leave. We're going to the jail. Then let's go. What are you waiting for? We got to wait on a tow truck and I still got to stop stop Physical resistance during arrest triggered section 843.01. Resisting an officer with violence a separate felony. The disputed battery allegation is the critical unresolved question. Section 843.01 requires proof of an overt act of violence. Without video corroboration, the charge is legally unsustainable under Graham versus Connor 1989, force is assessed by objective reasonableness at the moment applied. Post flight post resistance the ground take down falls within hard empty hand control. No intermediate weapons were deployed. The continuum was not exceeded. Atwater versus City of Lago Vista 2001 confirmed custodial arrest is constitutional even for minor traffic violations. Probable cause existed here for three independent offenses. Constitutional compliance confirmed on all three counts. I want you and my baby. How much do you weigh compared to how much do I weigh? It doesn't make any sense. Why didn't you say I threw a punch? For what? To make you feel better? I did not throw no punch. HOW CAN I THROW A PUNCH? Why did they throw me out of the house to find out why this lady lied to me? Cuz she knew I was getting a freaking ticket and this is what she said. I did my part. Cuz the trial to find out what's going on with my life. And she lied to me. So my car is getting towed. I cannot afford to get that out. I have to take care of my kids. And this is wasting my time and my kids time. For no reason. And then you should have told somebody before you're okay. What happened to you? You want to go home, open up a cold beer, right? Who's going to feed my [ __ ] kids? Who's going to put my [ __ ] kids to bed? They don't know where their mother is. CUZ SHE WANTS TO PAY her money through the courthouse. When they want to go to Disney, they can't have a [ __ ] babysitter because I have to work. TO PAY THESE TICKETS FROM THIS RED LIGHT CAMERA. I'M TRYING TO GO TO WORK. And then YOU'RE GOING TO THROW ME ON THE [ __ ] GROUND and then say I broke this pipe. The [ __ ] And then what? The [ __ ] [ __ ] HOW DO I EVEN GET OUT? AND WHAT THE [ __ ] IS THIS [ __ ] It doesn't make any sense. You see two car seats in the back. What the [ __ ] does that mean? I didn't do nothing. No [ __ ] nothing. Who did she throw a punch at? SHE DROVE OFF. YEAH, TO FIND OUT WHY THIS LADY IS AT THE COURTHOUSE LYING. I WAS JUST there and paid a lot of money and they towed my car. >> The officer receives a B. Lawful stop. Mandated impound. Sound backup call. Proportionate force. Grade reduced the battery allegation requires video corroboration before it can be charged. An unsubstantiated felony exposes the department to section 1 983 civil liability. The subject receives a C+. Initial compliance was appropriate. However, exiting the vehicle, departing the scene, and resisting arrest each carried independent felony exposure. And each was avoidable. Three lessons. First, a courthouse payment does not equal reinstatement. Obtain written confirmation from the FLHSMV before driving after any suspension. Second, during a lawful stop, you have the right to remain silent, not to depart. The courthouse is the correct venue to challenge authority. Third, battery allegations must be supported by video. An unsubstantiated charge undermines the case and the department. The camera was rolling throughout this entire encounter. Let us know if there is an interaction or legal topic you would like discussed in the comments below. Thank you for watching.