On May 7th, 2023, a routine traffic enforcement action for an equipment violation spiraled into a contentious arrest involving the Tallahassee Police Department. Bodywn cameras documented the interaction between officer Kirsten Oliver and motorist Calvin Riley, Senior, who was initially flagged for operating a vehicle without headlights and alleged speeding. What began as a standard citation stop quickly evolved into a complex case involving disputed probable cause and allegations of evidence tampering. >> Hello sir, I'm officer Oliver Police Department. Do you have your driver's license registration insurance? That's the reason why you slow me down. >> Yes, sir. So, you don't have any headlights on and you're going really fast on Monroe Street. >> Headlight? My My headlights automatic be on when I'm driving. >> They're not on right now. >> Are you sure about that? >> Yes, sir. >> Because >> Where are you coming from? West Street. One of them is my brother. >> Okay. >> My name is Calvin Renior. >> Okay. Do you have a driver's license? >> Yes, I do. >> Okay. Can you get that for me? >> I can't find right now. >> Where's your wallet at? >> Um, I don't really care. >> You don't carry a wallet at all? >> Where do you carry your money at? >> Um, bank. the bank. Okay. How do you pay for things on your phone? Okay, I got you. Um, no problem. I'll write down your information. You said Calvin Riley. I can take that. Perfect. Senior. >> Good. >> What's your date of birth, sir? >> Okay. Um, so I'll just want to go ahead and show you. So, right now you just have your parking lights on. So if you switch them two, that's your auto. Now they're on. Okay. Sit tight for me. Okay. 710759. Hey, when you're done with your stuff, can you have that in mind, please? So, I feel like I'm getting some indications, but I'm not 100% sure. I can't really smell anything right now. Do you think you can just talk to him? He's like looking everywhere for his like ID and he's like looking up here and pulling out papers and like looking around and everything. He says he doesn't carry a wallet. I said, "How do you have money?" There's the bank. And I said, "Okay, he's just not making a lot of sense." >> He didn't have lights on. He's flying down Monroe Street. And when I went to pull him over, he like started to get over and then came back over and then like is kind of like hovering and then stopped. >> So if you'll just see it, you can see >> there. I'm officer. Um, I'm not the officer who stopped you. The officer that stopped you wants to know if you still live over off the Boulevard Street. >> It's a family house. Okay. So, do you still live there? >> Okay. But that's where you like lay your head to sleep at night. >> Okay. Where are you coming from tonight? Oh, I'm from the north side. >> The north side. Where were you at? >> Pockets. Did you have anything to drink while you're at Pockets? >> Couple of beers. >> Couple of beers. >> Okay. Um, I got you. Um, just hang tight in the car for me. The other officer is going to be back with you in just a minute. Okay. Yeah, he said he's coming from Pockets and he had beers at Pockets. Oh, he didn't tell me that. I asked him that cuz he originally said the north side and I said we're out on the north side and he said pockets. >> He told me he was coming from Bvard Street. >> Um, holy crap. >> So, he did say your beards are buckets. >> Yeah. >> Do you get any other indications? I mean, his speech is a slur and he's he's got the watery bloodshot eyes and I do have odor. >> Hey, Calvin, really quick, can you do me a favor and just shut off your car and set the keys on the dash for me? >> Thank you, sir. Um, so I want to go more into the beers that you said you had. Yeah. Would you be willing to do some voluntary field sobriety exercises? >> Not really. >> No. >> Okay. Here. Go ahead and step out of the vehicle for us. >> Just go ahead and the car for us. Your license is suspended. So, we're going to >> No problem. Hopefully I call somebody to come pick my car. >> Yeah, we'll get to that. Just give me a second. Okay. >> My license. >> You knew your license was suspended? >> No, I didn't. >> That's why you didn't have your ID on you? >> Oh, first of all, my ID is at my job. They were finding my luck. The decision to arrest Mr. Riley hinges on the critical legal distinction between a civil infraction and a criminal offense under Florida statute 322.34 while driving with a suspended license is prohibited. The statute requires proof of men's RIA specifically that the driver had actual knowledge of the suspension to elevate the act to a misdemeanor. Without this element of knowledge, the act remains a noncriminal moving violation. Tallahassee Police Department's own General Order 76 reinforces this interpretation by directing officers to issue citations rather than effectuate physical arrests for noncriminal traffic violations. Since Mr. Riley explicitly denied knowing his license was suspended. The officers needed probable cause to establish his knowledge before resorting to handcuffs. Absent that evidence, the physical arrest appears to contravene both statutory intent and internal department policy. >> We're going to walk over here. >> Thank you, sir. >> Come on. >> Your phone for you. >> Don't worry about that. Just told >> No, just leave it. Just like that. >> No, no, no, >> no. Come on, Mr. Riley. Let's go. >> All right. >> Don't worry about the phone, >> Mr. Riley. I got a quick question for you. >> No problem. >> Um, so I smelled marijuana in your vehicle. Did you recently smell? >> No. Let me let me tell you something, man. >> Let me tell you something. I don't know. >> You know what says you smell wrong, right? >> Yeah. >> I don't even smoke. So, but you come with that. That's a little close. >> Okay. >> Okay. >> Do you have a medical marijuana card? >> No, I don't smoke nothing. >> Have you recently smoked? >> I don't smoke nothing. >> Okay. >> So, you find that good. That's my money right there for my job. >> I got you. >> So, let me tell you something. You see my back of my shirt. So, I show you I'm a You understand what I'm saying? So, what you're saying is you smell marijuana. You're alive. So, I want to show you something. >> Go ahead and unlock the car or you can find. >> All right. Go ahead and sit down in my car for me. Okay. >> You got my little gloss in my money. >> I got it. >> Okay. >> Since you smell marijuana? >> Yeah. Go ahead and sit down for me. >> What's your name? >> Officer Oliver. Go ahead and sit down for me. >> Calvin, sit down for us. >> I will. Since you say you smell marijuana. >> Sit down, please. >> But that's the reason you stopped me or you stopped. That's not the reason I stopped you. Your lights. Yes, sir. And you're speeding. >> But cuz you know, I was speeding. I got to track all my Okay. And you smell marijuana. >> Just watch your foot. Okay. >> Wow. He reeks of alcohol. >> Um, is there enough like before that? That's weird. Got like gum and a napkin. All right. Well, um we'll go through this first and then the legality of officer Oliver's warrantless search rests on the application of the plain smell doctrine, which traditionally allows officers to bypass the warrant requirement if they detect the distinct odor of contraband. However, the legalization of hemp in Florida has created a significant constitutional gray area. Since legal hemp and illegal cannabis are all factorally indistinguishable, appellet courts are increasingly divided on whether odor alone constitutes probable cause. For instance, reasoning seen in cases like Hatcher versus State suggests that because an officer cannot distinguish between a legal substance, hemp, and an illegal one, cannabis, by smell, odor alone is insufficient to prove a crime is occurring. Conversely, older precedents like state versets maintain that the smell is sufficient. As Tallahassee falls within a judicial district where this specific conflict hasn't been definitively resolved by the state supreme court, the officer's reliance on smell to bypass the Fourth Amendment stands on shaky, albeit currently debatable legal ground. >> Hey, there's vodka in his seat, like right here in a pouch in his seat. >> Vodka was found in this pouch in his seat. Huh? And you can just charge him with DWSR >> if you wanted to finish searching. >> Yeah. Body camera footage captures a disturbing sequence where Officer Oliver retrieves a sealed bottle of alcohol, breaks the manufacturer's seal, discards some contents, and returns the now open container to the vehicle. This conduct raises immediate liability under Florida statute 918.13. This law classifies the alteration, destruction, or fabrication of physical evidence as a thirdderee felony, specifically when done to impair its verity or to use it in an official investigation. By manually converting a lawful sealed container into an unlawful open container, the officer's actions move beyond a mere search and into the realm of potential evidence fabrication, compromising the integrity of any subsequent charges. >> Abuse against you in a court of law. You have the right to talk to a lawyer and have them present with you while you're being questioned. >> You talking about you talking about marijuana? >> Smoking. I want to ask you questions about that. Ain't nobody buy no alcohol. You said you stopped me for my life was off. Then she said she stopped me for smelling marijuana. That's two different stories. So alcohol beside the point. The point is I told you I had two bills. You see she over here saying one thing about she smell marijuana. How can you smell marijuana? You four blocks away from me and then you say you stop me from my lights was off. Okay, cool. No problem. We'll deal with this later. Whatever. Can I speak Calvin? >> You can say what you want. I said what I said. It is what it is. >> If you cannot afford to hire a lawyer, the opponent question you wish. >> You can decide at any time to exercise these rights to not answer any statements. >> Say what you want. >> Do you understand each of these rights as I have explained them? >> Say what you want. I asked you to get my phone so I can make a phone call to my people. Let them know what's going on. You said you'll get my phone. >> We have your phone. No, I said asked you can you get my phone so I can call them and you said you would. >> So I'm sitting here and she said she smell marijuana. You said you stopped me cuz my life was off. That's a different story. So it's all good. I told you the officer. >> It's all good, man. Just get my phone so I can call my people so they'll know that come get me and we'll go from there and you made a bad deal. That's how it go. And you say you smell marijuana. You are a silly person. You a silly person. Smoke. >> I don't even smoke. You're a silly person. You You using that same techn knowledge code that they use in the old days. You don't smell no marijuana on me. You're a liar. >> Hey, Kelvin. >> You ain't smell no marijuana. You're a liar. >> Kelvin, >> you're a liar. You don't even police officer. You're a liar >> because we're not. >> You use that for an excuse. You use that for an excuse to do what you want to do. The search. You ain't search because nobody I ain't get you ain't got nothing cuz I don't smoke >> weed. I don't do no drugs. >> Kelvin, >> you a liar. >> You say you smell marijuana. Why you record that? >> I don't give a about my phone. Give me my phone. Let me call my lady so she ain't come. That's right. >> Cuz you're a liar. >> You're a liar. >> You say you smell marijuana. You're a liar. >> Calvin, I have to ask. >> She said she stopped me cuz my liar. So I understand that. >> Calvin, I have I was going I told her I was going to my property down the road. I'm now requesting that you submit to a lawful test of your breath for the purpose of determining >> listen to nothing. >> No, you going from one to two to three. I ain't doing nothing. I ain't doing nothing till I speak to a lawyer. I ain't doing nothing till I talk to a lawyer. >> I ain't doing nothing till I talk to a lawyer. I ain't doing nothing till I talk to a lawyer. I ain't doing nothing till I talk to a lawyer. You got your cam on. I ain't doing nothing to talk to a lawyer. >> Don't touch me. You are sorry to me. >> I'm in the car. I'm in the car. You got me c I'm sitting the seat. I'm in the car. That's right. Close the door. >> Roll the back down. >> Okay. >> Now give me my phone so I can call my lady. >> Hey, if you refuse the test I have requested of you, your driving privilege will be suspended for a period of one year for the first 18 months. If your driving privileges have been previously suspended or if you have been previously fined under statute for a lawful test of your car I have requested of you alive and you going to be running that badge refusal to submit tattoo right there or blood. >> You will be committing a misdemeanor in addition to any other penalties which can be imposed by law. >> I don't understand refusal to submit that. I don't understand I requested is admissible and I don't understand that right. >> Do you understand? >> Do you still refuse to submit to the >> I don't understand none of that. I don't understand none of what you're talking about because right now how y'all just did that's unconstitutional. >> I'm requesting that you take >> I don't understand none of that. I don't understand none of that. >> Okay. This is going to be processed. >> I don't understand none of that. You said three different charges. That's >> now record that. >> It's all on camera. >> That's right. Because you're a liar. You're a liar. And your you going along with your partner. She's a liar. >> We got to do something. >> Cuz I don't even smoke weed. I don't smoke no drugs. I don't do no drugs. None of that. I told you where I was coming from. I told you I was going. And she said she smoked weed. She a liar. >> I did not find any marijuana. >> You're a liar. You're a liar. >> Do you want to call your >> You're a liar. I can't call no about my handcuff. >> I can put it in for you. >> I can't call no about my handcuff. >> I can put it in for you. >> I can't call no about my handcuff. >> Okay. If you don't let me know the number, then I'm not going to call her and I'm going to call a tow truck. >> You don't even need to be on wearing that badge. You're alive. You say you smell marijuana. You're a liar. >> Are you listening? >> I'm going to prove that. >> I'm going to tow your fire you. Okay. >> They going to fire you cuz you allowed. >> I'm going to call tow truck for your vehicle. Okay. >> You messing with the wrong person. >> Back of my car. >> Running a tight and you messing with the wrong person. >> Get one more here. >> 759281. Are you nearby? >> I'm going to go ahead and call >> you. And you're alive. Hey, he's really combative and we need to move him to her car. If you don't mind just helping her get you get on your way. Okay. >> Okay. You need to call somebody. >> Yeah. >> Okay. You call with us. We're going we're going to work on you my phone. >> Okay. We'll get it. the passenger. >> Yeah. Have a seat and um I'll bring in the phone and we'll make the phone call here. Okay. >> No problem. >> Gotcha. I appreciate you calling. >> That was between. >> Go ahead, sir. bottle of vodka that was between the driver's seat and the center. >> No, so he has he has a cover on his seat and then the cover where like the knee would sit, there's an opening and he had it like uh tucked. >> Okay. >> And then the the whatever he had in his cup also >> Yeah. >> Thank you, lady. >> So >> ain't no So nothing. I'm through talking. >> I'm through talking. No, I'm through talking. >> Okay. I just have to read. >> I'm through talking. You ain't got to read nothing. I'm through talking. I'm through talking, ma'am. You can't read nothing to me. I don't want to say nothing. I don't want to say nothing to you. I don't want to say nothing to you cuz you switching up three three different scenarios that y'all went through since y'all stopped me. I don't want to talk to you about nothing. And you missed a lot cuz I don't smoke. I don't do no drugs. And what you said, you said refuse to take the test. Do you stop me because you smell weed? >> My name is Calvin A. Raleigh Senior. I'm born and raised in Taza, Florida. No, don't close the door yet. No, cuz you want to close the door now. I'm born and raised Leon County, Taza, Florida. I'm 55 years old and you are a liar. >> That's right. Bye. >> Hey, bye. Let's get you. >> Bye. Bye. >> All right. Let me get you to jail. Okay. Bye. >> All right. That's about what happened the first time I >> search. >> Yeah. >> Okay. Nothing in there. >> No. Well, okay. So, he had a bunch of alcohol stash in there, but >> nothing open. >> Yeah. Open. >> Oh, okay. >> Yeah. >> Yeah. In his like turvvis in the center console, he had a mixed drink. And then under his knee, he had um a like little bottle of vodka tucked away. >> And he said he was coming from pockets and he had drunks at pockets. So, >> but anytime I try to ask him anything, >> he's uh mad cuz Oliver smelt weed when she first walked up to the car >> and he he said he doesn't smoke marijuana and he doesn't smoke can search the car. The resolution of this encounter exposes a troubling disconnect between video evidence and departmental oversight. Despite footage showing the alteration of evidence, specifically the opening of the vodka bottle, internal review found no misconduct. This creates a paradox where the visual record contradicts the official finding, severely eroding public trust. Officer Oliver's justification for the search, the uncorroborated smell of marijuana, appears pretextual given the lack of any physical recovery or behavioral indicators of impairment. Her decision to manufacture an open container violation suggests a desperate attempt to retroactively justify a search that yielded no contraband. On the other side of the interaction, Mr. Riley's behavior serves as a cautionary tale regarding the fifth amendment. While he remained physically compliant, his decision to engage in a verbal debate provided the officers with additional observational data to include in their reports. As noted in Miranda juristprudence, anything said can be used to build a case. By failing to invoke his right to silence, he inadvertently assisted the officers in characterizing him as belligerent, potentially complicating his defense. However, no amount of verbal non-compliance justifies the planning or alteration of evidence by law enforcement. Given the officer's manipulation of the sealed bottle, do you think the entire search should be deemed fruit of the poisonous tree and thrown out, or should the DUI charge stand based on other factors? Let us know in the comments.