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2026-10-22 22:52
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Give me those papers. Give me those papers. Give them to me. Are you going to sign them? Yes or no? >> Yes or no? >> Maybe. I don't >> No, not maybe. Yes or no? Stand by. Five, four, I'm counting down to one. Once I get to one, I'm going to assume that you're not going to sign them. >> On February 10th, 2026, Key West Police Department officers responded to a reported hit-and-run. A complainant provided the vehicle's license plate, a physical description, and direction of travel. Officers located a matching vehicle at a nearby residential address. my phone. >> going to give you your cell phone. >> my phone right now. I'm going to need to call my lawyer right now and my dad. I need my dad to know what the is going on right now. And you're not bringing me anything for another one [ __ ] thing that you need to So, listen. clocking for. Date the 10th of February, 2026. Location, Key West, Florida. Incident, hit-and-run and DUI investigation. Yes, Officer Osmond with the Key West Police Department. Okay. You doing all right? Yeah. Okay. You have an ID on you? Yes. All right. Is this your vehicle? Yes. >> Registered to you? Yes. Okay. >> Why are you here? Okay, just step out the vehicle for me, okay? So we can speak. Why would I speak to you right now? Okay, so right now we're investigating a hit-and-run, okay? So, I just want to speak to you outside of your vehicle so you can explain to me what you remember or whatever happened and then we can go from there. It could It doesn't have to be a hit-and-run. It could be a traffic crash if you're willing to exchange information. So, if you don't mind providing me with your license, registration, and insurance. >> First of all, I have nothing to speak to you. Okay. >> Second of all, I'm not running of anything. Okay, well, you're not free to leave. So, >> Third, what are you searching for? I'm not searching. I am investigating. There's a difference. You're not going to close the door unless you're just going to go in cuffs, okay? I'm giving you a verbal command to provide me with your >> warrant? I don't need a warrant to speak to you. I'm investigating Investigating >> crash, more so a hit-and-run. Okay? A what? >> say she had damage at? The back of her vehicle. Hit-and-run with what? Check the front of hers. Yeah, her front right headlight is Okay. Okay, I'm going to explain this to you one more time. You are not free to leave. I need your license >> let me close here my >> Okay, close it. If you walk away, you're going to go in cuffs, okay? It's going to be that simple. Okay, I have a no identification You're not leaving anywhere, okay? Listen, don't leave anywhere. Listen, listen, look at me. Look at me. Look at me for what? >> want to go to jail? For what? >> For a hit-and-run. You crashed into someone's car and didn't stop, okay? All right. That's fine. We can play that game, then. It was that Was that easy? All you had to do was give me your stuff, all right? Listen. I don't like being in this situation. >> that's fine. You The thing about it is it's just going to be a laughing, okay? I'm usually not like this. I'm simply trying to investigate this and just turn it into a traffic crash, but you don't want to give me your information. All I needed was your license >> Didn't you ask? I did. I said license, registration, and insurance. >> didn't give me a chance. I gave you a chance, but you pulled your phone out >> chances, man. and I warned you, and then you tried to close your door on me, and I sat there politely and requested these documents. It was It could have been that simple. So, are you willing to give me those documents? >> I have everything in my car. >> So, if I take these handcuffs off you, are you going to give me the documents? >> Sure. Cuz if not, I'm just going to probably take you to jail. >> but you just did Yeah, but the thing is is I'm giving you commands, and you're refusing to obey my commands as a law enforcement officer. Okay, like I told you, I'm investigating a traffic crash, okay? Okay, sure. So, if I remove the cuffs, are you going to give me your documents? >> to do. The car is there, and my house is right there next behind me. You do whatever you Okay, so I'm going to take the cuffs off you, and then I'm I'm going to need you to just give me the information and then we go from there, all right? Sure. You do whatever you need to do. This is very, very random. It's not random. It is random. >> here for no reason. I'm not here for a reason as well. So I simply was asking >> here for a reason, sir. for your license, registration, and explain to you why we're >> need to do. You didn't explain me to do. So okay, listen. >> me to do. You just randomly came at me Okay. Go ahead and give me Go ahead and give me your license, registration, and insurance, please. All right. Did you guys follow me or something or No. We got a call about your vehicle. From who? Somebody called saying that you >> That's very personal, you know. >> Personal? How? I don't know. You tell me. I don't know. I didn't say it. You said it was personal, so I'm trying to I'm trying to understand where you're coming from. >> commercial and there's like a three vehicles over like a police. It has to be a personal thing. Like personal >> like right here. >> Like personal against you? I don't know. You think like you So you're saying like we're coming for you? I don't see how that could be. >> to do with nobody. Right. But again >> in this neighborhood. >> Okay. I can tell. >> So what did I do to somebody if I'm new? We're investigating this a hit and run. A hit and run means you Uh-huh. Can I Can I Can I explain to you, please? >> What's your name? Yovanna, right? Yes. Can I explain it to you without you interrupting me? Sir. Okay. So a hit and run is, in simple words, when you collide into something or another vehicle and you leave without providing information. Do you have a body Yeah. That's why I was blinking. >> camera That's why it was blinking red. Sir, Mr. Osborne, Yes. >> you have a camera that So you know who the run is. I do. >> the running person. >> You are. >> So you have your bunny You have any camera. Okay. So, you investigate your camera. Who the running person >> I don't investigate my camera. I investigate what I'm investigating. >> my rules and my laws in this US. You know your rules and your laws? Um I I think this isn't a rule a law thing. This is a traffic crash. So, right now we are investigating that due to the fact that someone isn't just going to call and say that their vehicle got struck and give your license plate and the description of your vehicle. You know, I don't think >> you need to do. I will. I will do whatever it takes to defend myself. And you have a camera there. For sure. That's what That's why it's blinking red. You do I will do my thing. Yes, ma'am. So, what's next? What's next is just we're doing a traffic crash right now as I've explained. Okay. Yep, there's some glass over here. You got to angle it in here. I got that she's going to pull into the drive. >> [snorts] >> Yeah. Okay. >> [clears throat] >> Thank you so much. Under Terry versus Ohio a third-party complaint with a matching license plate satisfies reasonable articulable suspicion for an investigatory stop. Under Pennsylvania versus Mims, officers possess the absolute constitutional authority to order any driver from a lawfully stopped vehicle refusal is unlawful regardless of the driver's belief that the stop is unjustified. Florida statute section 316.062 mandates that any crash-involved driver provide license, registration, and insurance upon officer demand. Florida statute section 322.15 separately requires display of a driver's license on request. These are statutory duties. The Fifth Amendment right against self-incrimination does not override them. Refusal constitutes an independent criminal violation when the subject attempted to close her vehicle door during an active lawful detention. That physical act triggered Florida statute section >> [clears throat] >> 843.02 resisting an officer without violence. This statute requires only a knowing act of opposition to a lawful duty. Intent is irrelevant. The door closing created independent probable cause for arrest and legally justified immediate application of restraints. Yeah, so she definitely hit that trailer. I wanted to be a police in one year, but I don't think I would consider that career anymore. I understand. A lot of people just don't understand the circumstances of the job. >> No, I'm more like a human being. All right. And the right. But I think in my career I'm probably not looking for that area anymore. Oh, so you just told me, no. It's perfect. It's not what you see on TV. No. You know? I'm living in reality right now. Yeah, this is this is a realistic when when people don't listen to the commands that officers give No. then we have to act in such way, you know? >> Yeah, yeah. I was quite polite with you. I'll be honest with you. And unless you're getting something, that's fine. And I didn't treat you like you weren't. I could care less if you were you weren't. You could cuff me any day. I know cuz I have the right to. When you're refusing When you're refusing to obey my my verbal commands, I have the right to put you in handcuffs. have the power over everything else. I don't. You do. Because the humanity over your power and you're working for it. Is it worth it? Excuse me? Is it worth it? Excuse me? Is it worth it? Is it worth what? Your peace. My peace? I have peace every night. I I very well after a shift. You got the trailer over there? So, here's the trailer. There's glass like right there, right on the corner. Looks just like that guy's over there. So, okay, just stay right here. Stay right here. Stay right here. Come here. Come here. Come here. Stay over here, please. >> Don't touch me. >> Stay over here, please. >> Don't touch me. >> Stay over here, please. >> Do not Stay over here, please. Stay over here. Just stay right here. Why are you >> Because I'm telling you to stay here, okay? >> are you pushing me? >> Because you're not listening. >> my door. Okay. I'm telling you to stay here. You're [ __ ] man of your words? What? Go [ __ ] yourself. You belong over there. I just wanted to close my door. >> Okay. So, you could have said that. But I told you to stay here. >> a man of the law This is how we look. You got a lot of time. Just relax. You're going to sit here, give this officer your phone number, put your phone down. Calling people on your phone. >> I know, but my dad is Okay. I don't care. So, just give him your phone number, please. Do you Stop with the phone. Stop. What is your phone number? >> I don't know. I need My dad has my number. >> You don't know your phone number? No, my dad has my number. My number. >> Okay, so you can pull up your phone. You can pull up your phone number on your phone. Don't call Let me I have to call him because he doesn't know my That You will look it up on this Don't Don't pull my thumb. Don't pull my thumb, okay? Stay right here. You can look it up in your phone. >> Okay, but I need to call him. I need to call him. You don't need to call anybody. No. >> right here. This is my house. Okay, well, we're not calling anybody Okay, so you don't know your phone number is what you're saying. Is that correct? I can also just get it later. Yeah, that's what I was going to say. Okay, I'll get it later. No big deal. Listen to me, okay? I need you to relax and I need you to just listen. >> No, I don't need to relax. You're accusing me something that I never done. >> so listen. And you're following me with like with three police cars that I never done. >> So, listen. That's Officer Florence, the one who you spoke to. >> know who the [ __ ] he is. >> Again, listen. He explained to you the crash scenario. So, now his crash investigation is over, okay? Okay, and what does that mean to me? >> now we're going to start a different investigation, okay? >> Oh, so this is your whole plan and the entire time? Just wait right here for a second. Over here. Stay over here. >> here. Yeah, yeah. Stay over here. Just stay here, please. >> here. >> Okay. So, right here. Just stay right there. I'll stay here. Just stay right there. Just stay right there because you're not listening. You have the right to remain silent. Do you understand these rights I've explained to you? No, I have a lawyer. I need to talk to you. >> Okay, so do you under- Do you understand these rights I've explained to you? I have a lawyer. Okay, so that's not the question. The question is if you understand your rights that I've explained to you. >> will talk to you. Okay, so I'm going to assume that you do understand and you know you want to talk to a lawyer. So, do you don't want to talk to us right now? >> My lawyer will talk to you. Okay. So, you don't want to answer any questions? >> this card? >> No, you can't have it. >> even know this law by by heart? >> listen. So, listen. >> No. Can I have your card then? >> You can't, okay? >> Okay. No, then. >> So, you don't want to answer any of my questions or talk to me? Is that correct? >> No, you're not free to go. So, you don't want to answer any of my questions or talk to me? No, no. Maybe tomorrow when I speak to my lawyer, sure he'll speak to you. >> What do you have in your hand there? Turn around. Put your hands behind your back. Do you want anything else to go with you to the jail out of your car? Do you want anything else out of your car? >> you need for me to go to the jail that makes you money. Nothing's going to make me money. Please, have a seat. Oh, well. Thank you, sir. You're welcome. So romantic. I will need my phone and call my father. Okay, you'll be allowed to make a phone call in a little bit. I need to call him. Well, that's not happening >> Now I let him know what the it's going on because none of this [ __ ] tell me another thing and you're going to tell me Okay, so listen. Listen. You're bringing me here like on jaws like I'm a criminal. So listen, you said Give me my Listen. phone >> going to give you your phone. >> Give me my phone right now and I need to call my lawyer right now and my dad. And my dad needs to know what the it's going on right now and you're not bringing me here for another one [ __ ] thing that you need to So listen. clocking four. >> So listen, you see this line right here and this box? >> with the function So that is to do with filling out some writing exercises. >> right now. Okay, stay seated, please. No, no, I'm I'm sitting. So, you understand? sir Andrade. Okay. So, you understand? I understand. >> Okay, good. So, there's no chance to my lawyer or my dad. When we're done, yes, you will be afforded opportunity >> dad before before I die then you have to tell me all the things that I have to do here. I would like to say goodbye at least to my dad. Okay, like I said, when we're done, you're going to be afforded to call whoever you wish. Why when we're done? Why not now? Because that's not how it works. I want to call him now and tell him what you're redoing now because apparently you're doing something the opposite that something that I have been not done that means you're in cuffs which is something incorrect. Sorry, Mr. Andrade. What's that now? Yeah. You have a question? Go ahead. No, no, we have a question. Okay. Just serving you with your own cuteness. The subject invoked the right to counsel repeatedly. Under Davis versus United States, an unambiguous demand for an attorney halts custodial interrogation under the Fifth Amendment. However, this right has defined limits. It does not suspend an active roadside investigation, exempt a detainee from lawful commands, or entitle a subject to an immediate phone call. That opportunity comes at booking, not roadside. Miranda warnings were administered at the moment of formal custodial arrest, legally correct procedure. The subject's response invoking counsel, rather than answering, demonstrates functional awareness of rights, but that awareness was misapplied throughout the encounter, conflating interrogation protections with identification obligations. The subject refused to sign the criminal traffic citation. Under Florida procedure, a citation signature is a statutory promise to appear in court, not an admission of guilt. No Florida court has construed otherwise. Refusal to sign eliminates officer discretion. Florida law mandates physical custodial arrest. The subject's misunderstanding of this document's legal function made incarceration inevitable. The lead officer receives a B. The detention, handcuffing, and arrest were legally justified at each stage. De-escalation attempts were genuine and repeated, offering a traffic crash resolution on at least three occasions. Concern, the transition to a DUI investigation required clearer articulation of the new investigative basis, and language discipline on scene fell below professional standard. Officer Florence receives a B plus. Communication was measured, calm, and precise throughout a sustained non-compliant situation. The subject receives a C plus. Rights awareness was present, but misapplied. The Fifth Amendment does not cover statutory identification duties. The door closing created criminal exposure where none previously existed. Refusal to sign the citation transformed a resolvable infraction encounter into mandatory custodial arrest. Understanding what a right covers is as important as knowing that a right exists. I'm being accused of what I did. Okay, I need you to sign these. accused for thinking that I did >> You're being You're being accused, okay? You're not being convicted, okay? That's not this That's not this right here, okay? >> to get in contact with my attorney. We're not going to go You will have that opportunity, okay? You will have that opportunity. Right now, you're being charged, and these are the charges. I We already went over with you numerous times, okay? We're not going to litigate it here. I have a need to speak to my dad. He's a lawyer, and if he says sign this document >> Okay, so your dad isn't here right now. You're an adult. The decision is yours, okay? So, you're not going to speak to anybody right now. Right now, you're going to make the decision of either signing or not signing. Okay, so you're going to sign them? I don't know yet. Okay, now we're not going to do this. We're not going to Give me those papers. Give me those papers. Give them to me. Are you going to sign them? Yes or no? Yes or no? Maybe. I don't know. >> No, not maybe. Yes or no? Stand by. Five, four, I'm counting down to one. Once I get to one, I'm going to assume that you're not going to sign them. Cuz we've been standing here for 5 minutes. Three lessons from this encounter. First, produce identification during crash investigations. It is mandatory, not discretionary. Second, invoking counsel stops interrogation, not investigation. Know the difference. Third, a citation signature is a court appearance promise, not a guilty plea. Refusing it hands officers no choice but to arrest. Rights poorly understood offer no real protection. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching.
Danger Zone

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