Let go of me. Let go of me. Let me grab my phone. >> Hey, miss. How are you? >> I HAVE DONE NOTHING WRONG. >> Relax for a second. Just relax. >> Relax for a minute. >> Just relax, miss. >> That's not very nice. >> Watch your feet. >> Haley, I have done nothing wrong. My hands. >> Relax. Throw your keys. >> Grab my phone. Right there. Grab my phone. Let go of your keys. >> Grab my phone. Don't worry about your phone. Let go of your keys. >> Do you understand me? >> What have I done? How is it being? >> How am I being detained? How am I being detained? >> I'm going to knee strike you if you don't let go of your keys. >> Knee strike me. >> How am I being detained? >> How am I being detained? >> Do we have a will? >> Yeah. the complainant. Probably stop. We should probably stop. >> Oh, she just slipped out of her cups. How am I being detained? >> How am I being detained? >> How am I being detained? Tell me how. On the night of September 28th, 2022, in Fort Meyers, Florida, officers with the Fort Myers Police Department responded to a call in a parking garage. Two women, both intoxicated, had been arguing over who would drive. What followed was a 24-minute encounter that raised serious questions about detention, probable cause, and due process. A parking attendant witnessed the driver strike a gate arm and back into a sign before moving the vehicle to a parking spot. That witness would later give a sworn statement identifying the subject behind the wheel. Officers arrived to find both women outside the vehicle visibly intoxicated. >> Black and black shirt is verbal with her friends. >> Hello. >> Hello. >> How you guys doing? >> Good. I'm trying to call an Uber. >> Uh-huh. >> Yeah. Are you guys okay? >> My phone's in the car and I I can't get it. >> Where's your car? >> In this parking garage. >> You want to go with her? >> Hey, >> what's going on this morning? Um, we were trying to leave, but we knew it wasn't good for us, so we parked the car back. >> And I want my car my phone so I can >> Where's your phone? >> In the car that she possesses. >> Okay. >> Hey, stop walking. >> I have not done anything. >> What is going on? >> She wants me to drunk drive her home, and I'm not going to drunk drive her home. >> She wants you to drive her home? >> Yeah, I'm not going to drive her home. I've done nothing already. We need to change. >> Do you have any ID on you? >> Yeah. I'm going to go to my car. >> Where's your ID? >> I'm going to go to my car. >> Where is your ID? >> I'm going to my car. >> Where is your ID? >> I'm going to my truck. >> We're going to go back there and we're going to figure this out. Go back down. >> I've done nothing to be detained. >> Go back down there. >> I had Why am I being detained? >> For some sort of traffic crash to try to figure out the investigation. >> No. I am not. >> So, you're not free to go. You're not free to go. >> I have not been detained. I have not been detained. I will put you in handcuffs if you do not put >> I have not been detained. >> Let's go. >> I have not been detained. >> Let's go. Come on. >> Come on. >> Do not touch me. >> Do not. >> Ma'am, do not touch me. >> Do not touch me. We're going to try to figure out anything. >> We're going to figure out the investigation. >> I have not done anything. Do not touch me. >> Ma'am, I'm about to put you in handcuffs. >> Do not touch me. >> This way. >> Do not touch me. >> Can you please walk this way? >> Okay. I have not done anything. >> Walk this way. >> Touch me. >> You're not going directions. Let's I have not done anything to be detained. >> What have you been? >> She's about to be put in handcuffs if she doesn't start listening. >> What have I done to be detained? >> We're doing an investigation. We can detain you if there's no investigation. >> There is an investigation. >> My friend flagged you guys down because she drunk. >> Okay. My friend, >> we got to call out something. >> There's no reason for me to be detained. >> There we have reason. >> No, there's not. There's no reason. We're trying to get her back down here so we can figure out what's going on. There's no reason for me to be detained. >> My friend's drunk as and should wake you guys down. There's no reason. >> You ready? Yes or no? >> Sorry. >> No, don't. Don't. No. I'm investigated. I don't want to be >> You're totally fine. You're doing great. You're not in any trouble. >> Thank you. Okay. So, we pulled up to this exit to leave. Our our card wasn't working. Uh-huh. >> Me and my friend kind of got into an altercation because I wanted to drive home. >> Uhhuh. >> I knew it wasn't best for either of us, but I thought I was >> better to drive even though I know I shouldn't have. >> Um after we got to kind of a >> a thing. >> Yeah. I walked away. >> Okay. >> And she came out telling me that the cops are coming that we need to leave. And I was like, "No, my stuff's in the car. I'm not leaving anywhere. >> Um I'll call an Uber." That was that was my >> Let me see what's going on with your friend. Let me speak with this young lady over here >> and I'll try to get your phone out of the car. Truck. >> Truck. >> Truck. >> And I have a whole purse and I um I I have a firearm. >> You have a firearm in the car or >> It's in the vehicle. No, it's in the car. No, >> I don't know, sir. I haven't spoken with the complainant yet. >> Oh, thanks, buddy. >> Hello. >> What's going on? What do we got going on over here? >> Oh, well, I just came to the garage. I noticed they were having troubles getting out. This is set to key cards only right now, so you have to have a card for it. >> Okay. Um, and I told them he was back up and coming up over to this lane. Um, but then I noticed like first of all the truck that she was in was up against this like she hit it but it didn't break but they hit the gate. >> Okay. >> Um, she knocked that sign over. >> Yeah, cuz what happened was I I told them to just move to the other lane and I walked away and then I could hear them arguing about something. So I turned around. >> My friend was drunk as have your ID or not. >> You guys you guys I'm not detained. I have done nothing. You are detained. A million other people and you NEED TO IDENTIFY. >> NO. NO. A MILLION OTHER PEOPLE HAVE GONE TO THEIR CARS and done wrong. And a million other people. When I was on my way here, some dude was fourwheeling in his thing. Two wheels. >> I have done nothing wrong. >> Ma'am, I need to see your ID. >> No. You guys. >> So, did you see her driving? >> Yes. Cuz what happened is when I came over here and I was trying to see what was going on, she she stormed off. Uh, she backed up, backed into the sign, drove up the wrong way up. SHE LET GO OF ME. HALEY, >> are you good in THIS LIFE? >> LET GO OF ME. I HAVE DONE nothing wrong. Let go of me. Let go of me. Let me grab my >> Hey, miss. How are you? >> I have done nothing wrong. >> Relax for a second. Just relax. >> Relax for a minute. >> Just relax, miss. You guys, >> that's not very nice. >> Watch your face. >> Haley, I have done nothing wrong to get arrested. >> My hands. >> Relax, please. Throw your keys. >> Grab my phone right there. Grab my phone. >> Grab my phone. >> Let go of your keys. >> Do you understand me? >> What have I done? I'm being the same. >> How am I being the same? How am I being the same? >> I'm going to knee strike you if you don't let go of your keys. knee striking. How am I being detained? How am I being detained? >> Do we have a will? >> Yeah, the complainant. Probably should probably stop. >> Oh, she just slipped out of her cups. How am I being detained? >> I got that one. How am I being detained? How am I being detained? Tell me how. Tell me how AM I BEING DETAINED? WHAT HAVE I DONE WRONG? >> Under Terry v. Ohio 392 US 566 decided in 1968. Law enforcement may briefly detain a person when there is reasonable articulable suspicion that criminal activity is a foot. The officers here had a reported traffic crash, a witness, and two visibly intoxicated individuals. Reasonable suspicion to detain was almost certainly established at the moment of contact. The subject repeatedly demanded to know why she was being detained. Under Hiable v, sixth judicial district 542US1 177 decided in 2004, a detainee in most states is required to identify themselves during a lawful terry stop. Florida statute section 856.021 021 further codifies this obligation. Refusing to provide identification during a lawful investigative stop does not end the detention. When the subject began walking away and physically resisted the officer's attempt to direct her, officers announced that handcuffs would be used. Under Graham v. Connor 490 US 386 decided in 1989. The reasonleness of force is judged from the perspective of a reasonable officer on the scene, not in hindsight. Given the context, the level of control attempted here was minimal and legally supportable. The subject slipped out of her handcuffs at one point, a detail that would have legally elevated the officer's authority to use greater force. Despite that, officers maintained composure and continued verbal engagement. A knee strike was verbally threatened, but never carried out. The restraint shown by the officers during the physical resistance was notable and legally sound. A firearm was disclosed inside the vehicle. Florida statute section 790.0 061 requires that when a firearm is found in a vehicle during a DUI investigation, it must be secured and inventoried. Officers correctly identified the firearm as a factor in the impound decision. The gun was to be held at the Fort Meyers Police Department pending a criminal history check before release. Officer Johnson then read the subject her Miranda rights under Miranda v. Arizona 384 US436 decided in 1966. The Miranda warning is required before custodial interrogation, not merely upon arrest. Because the subject had not yet been formally placed under arrest at that point in the encounter, the reading was proactive and protective, and it was legally appropriate to do so. Under Burgise v. Tomkins, 560 US370 decided in 2010, a suspect must unambiguously invoke the right to remain silent or the right to counsel. repeatedly asking questions about why a friend was allowed to leave does not constitute an invocation of Miranda rights. The subject eventually stated, quote, "I want to talk to a lawyer." That statement, once made clearly, obligated officers to cease questioning immediately. Officers then requested field sobriety exercises under Florida Statute Section 316.193, which governs driving under the influence. Participation in field sobriety exercises is voluntary in Florida. A refusal cannot legally be used as evidence of impairment. However, under Florida statute section 316.193 subsection 6, a refusal to submit to a breath test does trigger an automatic license suspension of one year for a first offense. The subject's central defense was that she was no longer in control of the vehicle. She argued she had parked the truck, gotten out, and was attempting to call an Uber when detained. The legal question of whether she was in actual physical control of the vehicle at the time of the stop is critical. Under Florida case law, State v. Ruddle, actual physical control requires that the person be physically present in or on the vehicle with the capability to operate it. The witness confirmed she was the one driving and was observed behind the wheel when the gate was struck. However, by the time officers arrived, the vehicle was parked and the subject was outside it. Whether she remained in actual physical control at that moment is precisely the kind of fact question that belongs before a jury. A jury later heard all of this evidence and they returned a verdict of not guilty on all counts. >> So the thing about the gun is I can't give you an impaired or not impaired. >> That's fine. >> But someone who's been drinking a gun. Absolutely. >> So, what'll probably end up happening to it? >> It kind of looks like she's going to get arrested. >> Yeah. No doubt. >> So, when we recover the car, the firearm will be at the Fort Myers Police Department. >> Mhm. >> So, call first. Say, "My name is Haley, whatever your last name is. Um, a firearm was seized when Jane Smith, whatever her name, got arrested, cuz they're going to want to run a criminal history, >> before you picked a firearm." What the have I done wrong? >> I can't I can't help you. I have I done wrong. >> I can't help you. >> Hey, can you just stop? >> Okay. No, but look. >> Just calm down. >> I've never been arrested in my life. And what the why? Why? >> For an investigation. >> For what? >> For an investigation. >> Can I look at you for a second? >> You can't have >> because what the Can I talk to you for a second? I've never been arrested in my life. >> Where's my purse? >> No. Can I talk to you for a second? Look, can I guys talk to you for a second? I've never been arrested in my life. Can I please talk to you? >> No. Look. Can I please talk to you? I'VE NEVER BEEN WHY AM I being detained? Can I please talk to somebody? Please. >> No. Let me please talk to you. Please. >> Please. Please let me talk to you. Please for a second right now. >> I'm sober. Please. Okay. Okay. I will. >> You know what? >> Get in the vehicle. >> Yes. Thank you. >> And that person. Sorry. You said your ID is in there. So, I'll be able to look and it'll say, "Hey, this is stuff." >> Yep. Everything. >> Cool. >> I just I have to work in the morning. >> This is not what I expected to happen today at all. >> Nope. No one really plans on this. So, do you know where is there a truck upstairs? Ma'am, >> it's that white one over there on my right. >> So, are you the one that called? >> Are you officer Tori? >> Yes. I've heard about you. >> Oh, god. >> Good. [laughter] We said wonderful things about you. So, you're great. Anyway, yes, that was me that called. >> Awesome. So, who did you see behind the wheel? >> Uh, that girl. >> Awesome. Are you cool giving a statement? >> Yeah. >> All right. Little out of breath for a second, >> but >> we have to do a traffic crash investigation before we do anything else. Okay. >> All right. >> My keys. >> I just need to hang out. >> One of them has it. >> But somebody's got to do the crash before we can get to anything else. >> So, somebody wants to do these. >> You guys for no reason. >> My turn. If I got your friend's out of your truck. >> Yeah. You >> can she have her purse? >> You. No. >> Not nice. >> You. >> She can't have her purse. >> You Let me out of the truck. >> You'll feel it in a second. >> You >> I don't think that's how you >> You pro the cops. You guys >> Oh, >> clearly I can read. >> Yeah, >> this is so funny. My her brother's a cop. >> Well, that's not nice to talk to other officers. >> Yeah, you guys. I've been detained for no reason. I love to cop you guys. You >> Why am I being entertained? >> I told you that multiple times. >> I was not going to drive. My friend tried to beat me up in the >> uh I need a statement from >> the one girl. >> Hey, she's the one. Yeah, brother. She literally just told me >> she's the one who tried to detain me. Haley is the one who tried to detain me, right? But I'm the one behind the wheel. >> Huh? >> I was not going to drive, but my friend Haley was the one who was going to drive, but I was detained and I was not going to drive. >> Okay. Can you please raise your right hand? As law enforcement officer in the state of Florida, I'm authorized to take smart statements. Do you swear and affirm the statement you're about to give? Be the truth, all truth. Nothing but the truth. >> Yes. >> Okay. You put your hand down. So, uh, what happened? Uh, I noticed they were having troubles at at this gate here on the left and um I told them to move over to the other gate and I walked away. >> Okay. Cuz there's something wrong with this gate on the left. >> It said it for key cards right now. So you have to >> So it's key card only. >> Yeah. >> Okay. >> Um >> and they did not have a key card. So you told them to go to the other one so they'll be able to get out. >> Yeah. They had the little paper so they had to pay pay on the other one. Um I walked away and then I could I heard them arguing. U so I turned around like >> Is that the other female she was arguing with? >> Yes. in the white shirt over there. Okay. >> Yes. Um I heard them arguing. Um so I walk back over here to ask if everything's okay. Uh the the girl in the white shirt over there storms away. Um the other girl I asked her to back up and that's when I realized she hit the the gate because the gate bounced. >> So she was actually touching the gate when you asked her to back up. >> Yeah. She was up against it. So I didn't notice that until she actually backed up. >> Okay. >> Um when she backed up um I thought she was going to back up and go into the other lane. >> Mhm. Um, but she backed up and hit that sign and then she went up uh the left side here and just kind of circled back and into a parking spot and >> Okay. So, she went up the wrong side after she hit this. So, when she backed up, did she pull into >> She kind of pulled like halfhazardly. >> Halfhazardly. Okay. Then went up the left side. Would you happen to know where what level her vehicle's on? >> Yeah, actually I saw her up there on the uh right hand side. Maybe three carsish down. >> What kind of vehicle? It's a white truck. >> A white truck. Do you know what kind of truck? >> Don't know what kind of truck. >> Okay. So, she was driving a white vehicle in that female in the black top and the like goldish silverish dress. >> Yeah. She never got out of the car. >> But you saw her when you came over and said told her to back up and go to the different gate. You >> Yes. I told her >> confirmed. You told her specifically and she was the one specifically driving that vehicle. >> Yes. >> Okay. And then once they went up and parked, what happened from there? >> Uh, by then I was on the phone with you guys. um given my information. I noticed her shuffling around up there and she suddenly came running down here asking which like friend Linds. I said I didn't know and I I didn't realize that she was just right out there. Um but then shortly thereafter you guys showed up and they were just over there. >> Okay. >> Having a bit of chat. >> Okay. And then the officer separated them. >> Yeah. >> Okay. And they were I think one part of press mentioning here before right right before she ran off they were arguing. >> It looked like she was locked out the girl driving locked her out of the car. >> Okay. Did you take a look at the gate that the vehicle was touching? >> This one right here. >> Yeah. >> I didn't look too closely yet. But >> did you notice any damage as of right now? >> As of right now? No. >> Okay. Um any damage to the sign or did you not take a look yet? >> I didn't touch anything. >> Okay. The sign is a plastic sign. It's not like an actual hard metal sign itself. It is knocked over. We'll be photographing if there is any damages. Um, anything we previously discussed that we might not have discussed now or anything you think is important for what took place here? You think we covered everything? Everything. >> All righty. Uh, I appreciate it. That will conclude this interview. The time is approximately 12:10 a.m. >> I insisted on driving because I felt like I was more sober, which I'm not, but she was very confident on driving. So, I let her drive. We hit this curb right here coming out. >> Mhm. >> And I stopped her and I said, "Caroline, let me drive. It'll be fine." Which it's not. >> I'm not okay to drive. >> Which curve? >> This close. This is that one over there by the white side. And um I felt her hit it and I said, "Caroline, let me drive." She said, "No, I'm fine. I'm fine. I'm fine." And I got out and I tried to put the the slip in that we got coming in. And the young lady over there talking to the other officer, she she came over eventually and said, "Do you need help?" And um I said, "Yes, ma'am." And she's like, "You're in the wrong lane for I don't know, like there's an exit or whatever." >> Yeah. Yeah. The wrong exit. That one's for like a a primary resident and this one is for visitors or whatever. So, um, in that exit, she said Caroline said, "I'm fine. Don't worry about it." After the lady came over and tried to help us and told us, "Hey, you're in the wrong lane." I said, "Let me drive. I'll drive. I'll take care of it." and she was that's where our argument began because she wanted to drive and I wanted to drive and in my heart I knew neither one of us could drive >> and um she got very aggressive and I just walked away. I just w I walked down the street >> and then she came and then she came out saying the cops are coming. I was like, "Well, if they have to come, they have to come. I don't know what to tell you." And then she's like, "We have to leave." And I'm like, "No, we're not leaving. My purse is in the garage. my phone. I have to work in the morning. >> Yeah, >> it was not supposed to end this way. >> So, that's my purse. >> By the way, you guys have like nearly identical purses. >> Sorry. >> You guys have like nearly identical horses. >> Yeah, I know. Almost. Yeah. Hers is across the bottom, teal, and mine is up the side. Yeah. Yes. There it is. You know the phone number? >> Wow. You did great. Yeah. Do >> you know you know the phone number of her phone number? >> Sorry. >> Do you know her phone number? >> I do. I can I can give it to you. That's >> You know who text you? >> Yes. >> Who text you? >> My boyfriend. >> What are you calling? >> I don't want to say that. >> Looking at it. >> And I asked her this is her phone. She's going to say >> daddy. Daddy C. >> I'm not. >> So I didn't see your ID in there. I just saw a pill box. It's >> in the back of my phone. >> Oh, check. See if you just said that. Um, let's do the rash. Rash. >> You just want to take a picture of that and send it on? >> Yeah. >> Unless you want to talk. Do you have a ride? >> Uh, not at the moment, but I can get one. I can call somebody. >> Uh, they're in the truck. >> I have to read you something. Okay. >> No. Haley walked to the car. That is not fair. My friend Haley walked to the car in what? So she's not going to jail? >> No. Ma'am, >> you have the right to remain silent. Anything you say can be used against you in court. >> You have the right to talk to a lawyer for advice before he ask you any questions >> and to have him with you during question. >> Ma'am, you have to let her finish. >> If you cannot afford a lawyer, one will be appointed for you before any question if you wish. If you decide to answer questions without a lawyer present, you will still have the right to answering at any >> You also to stop answering at any time until you talk to a lawyer. >> Do you understand each of these rights I've explained to you? >> No. >> What do you not understand out of this? >> Nothing. >> Would you like me to start again? >> Yes. My Haley went to jail. >> My friend Haley got walk away. >> No. My friend Haley got to walk away. >> So, I'm going to read this again. Why did my friend Haley get to walk away? >> So once I get to finish reading this, then you can then you ask me questions and I can ask you question. >> Why do you get to walk away? >> I can't answer that. >> Why did my friend Haley get to walk away? >> I'll wait till you write. >> I can't I can't understand until you tell me then. >> Because walking down the same car. >> So unfortunately the only way I can answer your questions is for me to read questions unless you tell me why. >> Then we're just going to sit here. >> Me and Haley were walking down the side the same sidewalk, right? Oh, wait. Right. >> Let me know when you're ready and stop until you're ready. >> I'd like to talk to the sheriff. >> 98. >> Well, unfortunately, you can't do that. >> Okay. Well, why was I walking down the same sidewalk? >> In order for me to ask questions. >> Why was I walking down the same sidewalk? >> So, I'm going to read this again. >> I don't give a >> I can't understand it until you tell me why. Haley. >> So, anything you say is against me. You have the right to talk to a lawyer for advice before we ask you any questions and have with you. >> I cannot understand that. >> What do you not understand? >> Because Haley was walking down the same sidewalk as me. >> So, >> and we got arrested for walking down the sidewalk. >> Let me know when you're done. >> So, why am I arrested for walking down the sidewalk? >> You're not under arrest right now. >> No, >> you're being detained >> for what? >> So, in order for me to answer that question, I need to read from here to here. >> No, no, no, no, no. My friend Okay, but listen. My friend, >> it doesn't matter right now. My friend Haley, >> you can tell me that once I finish reading this, >> once I finish reading this, then you can ask me. >> My friend Haley. >> So, I'm going to continue. >> No, ma'am. >> You have the right to talk to a lawyer for advice before we ask you any questions. I'm waiting for why my friend Haley got a lawyer will be appointed for you before any questions if you wish. >> No. If you decide to answer question, you will still have the right to answer to a lawyer. >> Do you understand each of these? >> I would have told you to lawyer. >> Do you understand each of these rights? I'm talking to you. >> Why did my friend Haley get to walk away when I did not get to walk away? >> So, what part of that did you not understand? >> Everything. >> So, would you like me to read it again? >> No. My friend Haley >> So, what part did you not understand? >> I get not I did not get to walk away. So, what part do you not understand of this? >> Would you like me to start again? >> I'm on my phone. I want >> Would you like me to start? Would you like me to start again? >> My friend got to walk away. >> It appears that you understand this. >> No. >> Have you previously requested any law enforcement? >> Okay, then. Then I need you to answer. I need you to answer. What don't you understand? >> To walk away and I did not. But I have not done a damn thing. >> Why? No. >> Have you previously requested any law enforcement officer to allow you to speak to an attorney? >> I don't understand. >> With these rights in mind, do you wish to talk to us now? >> I don't understand. I don't want to talk to you and I want to talk to you. I have not done a damn thing. >> So, >> why have I got to talk to you guys? My friend Haley got to walk away. >> So, like I said, my name is Officer Johnston with the Fort Myers Police Department and I'm conducting a human. I have not done a damn thing. >> And you are the other two investigation. >> I have not crashed. I have not done a damn thing. >> Based on >> based on what? >> The totality of circumstances and what I see. Based on what >> what I see and what I hear and what this I would like to conduct field sobriety exercises to make sure because I have not been walking able to drive the vehicle away safely. >> I was not walking my friend Haley was walking in my car and she gets to go. >> My friend Haley gets to go. If you choose not to answer, I have to go based on my observations. >> I wasn't walking anywhere. >> So, I'm going to ask you again. >> No, I wasn't walking anywhere. I was walking to my house to >> Are you willing to participate exercises? >> No, I was walking to an Uber to drive the vehicle away safely. >> No, because you guys have no reason why not to say me. >> If I hear anything other than a yes, I'm going to take that as a no. So, I'm going to ask you one more time. >> Sure. Take me, Joe. >> Are you willing to do field soriety exercises? Nope. >> To make sure that you're able to drive the vehicle. >> No, cuz I wasn't driving my car. >> Okay. At this time, you're under arrest for DUI. >> No, I'm not. >> When we get over when we get down to the jail, are you willing to provide a breath sample? >> Negative. >> So, you're not willing to provide a breath sample? >> Because I have to read you something. Okay. >> No, you're not. Because Haley was walking to my car to drive to my car. >> No. >> Where did I >> No, I was not walking to my car. I was calling Uber. So, how can you call my How can you arrest me when I was calling an Uber? >> Show. >> How can you call me when I was calling an Uber? >> You got to listen. You have to listen. Stop talking. You have to listen or stop talking. >> No, I was calling an Uber. I was calling an Uber. I don't understand. >> I am Officer Justin of the Fort Myers Police Department. >> I don't understand. If you fail to submit to the test request, your privilege to operate a motor vehicle will be suspended for a period of 1 year for first refusal or 18 months. If your privileges have been previously suspended as a result of refusal to submit to a lawful test, your breath, uring an Uber, >> if you refuse to submit to the test I requested you and you're driving suspended for an Uber test your breath, you're kidding. refusing to commit to traffic to evidence to anyone. I >> don't understand what you're saying. >> So, >> I was calling an Uber. >> Are you willing? >> Are you going to provide an Uber? >> I was calling an Uber. >> Are you going to provide a >> No, because I was calling an Uber. >> Okay. I'm going to give you one more chance. >> No, because I was calling. When >> we get down to the jail, are you willing to >> No, because I was calling an Uber. >> Okay. >> Hey, can you take my number? >> You're under arrest for D1. >> 941 cuz 94 DUI for what? Now it is time to evaluate how each party handled this encounter. These grades reflect compliance with the law, exercise of rights, and judgment under pressure. They are not moral judgments. They are an objective measure of how each party performed against the legal and tactical standards that applied to them in this moment. The officers receive a grade of B+. The initial detention was legally supported. The force used was minimal and reasonable under Graham v. Connor. The Miranda adisement was properly given. The firearm was handled correctly. Officers maintained remarkable composure in the face of sustained resistance and verbal provocation. The one area of concern is that officers could have more clearly and promptly answered the subject's question about why her companion was allowed to leave, which may have reduced the intensity of the confrontation. The subject receives a grade of C plus. Her decision to resist a lawful investigative detention, regardless of her belief that it was unlawful, placed her in a legally worse position. under H Highenv North Carolina 574US54. A person's subjective belief that a detention is unlawful does not make it lawful to resist. Her eventual invocation of the right to an attorney was legally correct and was the single best decision she made in this encounter. The outcome in court is significant. A jury found the subject not guilty on all three counts. DUI DUI with property damage and resisting arrest without violence. This result reflects the strength of the actual physical control defense and possibly the jury's assessment of the overall fairness of the encounter. Not guilty at trial does not mean the detention was unlawful. It means the prosecution did not meet its burden of proof beyond a reasonable doubt. This case offers important lessons that apply to anyone anywhere in any encounter with law enforcement. These are not criticisms of any individual. They are principles drawn from law, human behavior, and the real world consequences this footage documents. Lesson one. If you believe a detention is unlawful, your remedy is the courtroom, not the sidewalk. Physically resisting or walking away from a lawful Terry stop does not end the detention. It creates new criminal exposure. The law provides remedies for unlawful detention, and they are best pursued after the encounter, not during it. Lesson two, invoke your rights clearly and early. Asking questions does not invoke Miranda. Stating clearly, "I want a lawyer or I am invoking my right to remain silent." Triggers constitutional protections that officers are legally required to honor. Ambiguous statements do not have the same legal force. Lesson three, know what a breath test refusal actually costs. Refusing a breath test does not mean the case goes away. Under Florida statute section 316.193, a first refusal results in a one-year automatic license suspension. That consequence exists independently of whether any criminal charges are ultimately sustained. Lesson four. If there is a firearm in your vehicle and you are intoxicated, disclose it early and clearly. The presence of a firearm changes the dynamics of a police encounter. Early, calm, and clear disclosure reduces the risk of escalation and demonstrates good faith to officers who may not otherwise know what is in the vehicle. Lesson five, calm cooperation during an encounter does not mean you wave your legal rights afterward. Complying in the moment preserves your ability to challenge the encounter later. Resistance in the moment generates new charges, as it did here, even if the jury ultimately found those charges unproven beyond a reasonable doubt. This case is a reminder that a not-uilty verdict does not undo the hours in custody. The stress of a criminal trial or the cost of legal defense. The best outcome in any police encounter is one that ends safely and without criminal charges. That outcome is most likely when both parties remain calm, communicate clearly, and operate within the law. 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