Step my door, please. >> I need you to step out. >> What's your badge number? >> 7375. Can you get out of the vehicle for me? >> Can you Can you please tell me your badge number? >> 7375. Can you get out of the vehicle for me? >> in the backseat, right? >> This This is not what we're doing right now, okay? >> Can you please call your supervisor, sir? >> She's right there. She's right there. She told me to get you out of the car, okay? >> you tell your supervisor to come see me? >> She's right there. >> I'm in the backseat. Tell your supervisor to come see me. >> On March 31st, 2025, Florida officers responded after a vehicle struck a road roller at a construction site and the driver fled. Witnesses identified the suspect entering the backseat of a nearby vehicle. This incident raises three legal questions: detention of a backseat passenger, validity of show-up identification, and implied consent without an active traffic stop. >> I'm in the backseat. >> Hey, stop lying, man. >> Step out, please. >> What's wrong? >> Oh, okay, right here. Here's your doctor, right here. >> All right, I'll talk to you. >> I don't need to talk to him. You need to talk to him. >> Yes, ma'am. >> All right, we're doing road construction. We got this lane closed down. My roller is rolling on the asphalt. I'm sitting here in my throat. The van or whatever that is hits that. The dude is driving this car is leaving in that car over there. >> Hello. >> What's going >> Who is the driver of that car in here? >> No. >> Where'd he go? >> I don't know where he went, but he's not in here. >> This car? >> The back car is the car that pulled out. >> Hey, can you roll this window down for me, please? >> Yeah, sure. I'll roll my window down. >> Okay, are you guys coming >> window down. >> got no reason to be letting my window down. >> Where are you guys coming from? >> I'm sorry. >> Where are you guys coming from? >> Where we coming We were just in town. >> Where at? >> At 306. >> Can you get that construction guy to a show-up down here? >> Um >> The guy with the handlebars. >> I'm bringing him in my car or >> Yeah. All right, so was anybody involved in an accident? >> No, I wasn't. >> So, they're saying they were at suite 306. Um the construction guy said the driver of that vehicle that wrecked got into a black Ultima, left the scene. I saw it leaving. I flew behind it. They said none of these people in this car were in the accident. So. >> He's going to He's going to get that. >> The construction guy that saw him. Well, it was the other vehicle. >> Oh, yeah. >> The vehicle's still there. >> Yeah, he's got He's all bloody in his right leg. >> So, what happened to his leg there? Can you roll this window down so I can talk to him? Can you roll all your windows down? At this point we're conducting a criminal investigation. Okay? Sir, do you have an ID on you? >> I ain't I ain't got no I ain't I ain't got nothing on me. >> Okay, what's your name? >> I ain't got to tell you my name. I'm in the backseat. I'm a passenger. >> So, I'm not investigating a traffic stop. I'm in charge. >> Sir, if you got a traffic stop, you need to talk to the driver. >> This isn't a traffic stop. >> the driver. >> Can you put your window down for me? >> Talk to Talk to the driver. >> I need you to step out of the vehicle for me. >> Hold on. Hold on. I'm going to I'm going to call my >> I need you to step out of the vehicle. >> Hold on. Hold on. Hold on. >> Sir, can you get out of the vehicle for me? >> I got this. I got this right now. Hold on. Hold on. Hold on. Hold on. Wait. Wait. Wait. Wait. I got I got all this on record. I got all this on record. Hold on. >> Can you step out of the vehicle for me? >> Cuz he weren't about to He weren't about me. You open Shut my door, please. Keep >> I need you to step out. >> What's your badge number? >> 7375. Can you get out of the vehicle for me? >> Can you Can you tell me your badge number? >> 7375. Can you get out of the vehicle for me? >> in the backseat, right? >> This This is not what we're doing right now, okay? >> Can you please call your supervisor, sir? >> She's right there. She's right there. She told me to get you out of the car, okay? >> What Can you tell your supervisor to come see me? >> She's right there. >> I'm in the backseat. Tell your supervisor to come see me. I'm in the backseat. >> What's your right? She's right there. >> Well, tell your supervisor to come see me. >> tell yourself. She's right here. >> I got my seatbelt on. Hold on. You don't got to say nothing. Hold on. >> No, I'm saying >> Hold on, babe. Tell your supervisor to come talk to me. >> No. >> Tell your supervisor to come talk to me. >> She's right here. >> Okay. I'm in the backseat. Tell your supervisor to come talk to me. >> Good. You wanted to talk to me. >> Hold on, babe. Hold on. Hold on. Hold on. It what? No, I'm just saying. Like, what are you talking about? >> I am the supervisor. >> Okay. >> Okay. >> So, why do you need to pull my car over? >> Hold on. Hold on. Hold on. >> Because we are investigating an incident that has nothing to do with this traffic stop. >> But, he's not driving. >> Hold on. Hold on. >> So, what's the problem? I just told you. >> So, what's the problem? >> We're investigating a crash. >> Okay. >> Okay. >> Cuz we be losing a lot of footage of police shooting people. And we we terrified. I swear to God, we scared right now. We terrified right now. That's why I'm recording. I'm scared. My mom's calling me right now. >> No one is going to >> My mom's calling me right now. I'm scared. Please, she's crying. >> Okay. >> She scared right >> Well, everybody's drunk right now. >> No. >> No. I didn't say you. >> I'm good. >> Okay, but they've been drinking, clearly. >> Why y'all got my door open? >> Listen. >> We're all good. I'm listening. >> Listen. I've already asked He's asked you for your identification. >> I don't got to I don't got to give my identification now. I don't got to give my identification now. >> I know. >> Thank you. You need to talk to that person up there. >> This is not >> Call your supervisor. >> I am the supervisor. >> supervisor. I want to talk to your supervisor. Hello. >> Go ahead and check your car. >> Hello. >> The crash vehicle is down there. >> So, he came from that car? Oh, so he was in a different >> the other vehicle and they picked him up. >> Okay. So, it's crashed over there then? What kind of car was it? Do you know? >> It's It's crashed into the >> All right. Are you guys all good? What did he hit this? Hey, so I ran his tag and it's doesn't come back to an actual like owner. It comes back to a company out of But there is I do see some blood in the driver seat. Like smeared where his knee would be. All right, so sir, did you see him get out of here? >> I really I I was >> You didn't you didn't see him? >> No, I saw him. >> Oh, I got you. >> I was in shock. >> You're good. Okay, but you didn't see who it was or anything? >> I don't know. >> 65 >> Okay, not a That's not a problem. Who is the worker that saw the >> This is the operator that was running the roller. >> Uh who was the uh So he saw who it was? >> And me. >> Okay, and you? >> Yep. >> You might come with me and you show up down here? >> Yep. >> All right. >> All right, officer. >> Yeah. You're going to have to get in the back cuz I got a lot of stuff on there. >> to put my hands behind my back? >> No, not at all. >> Long as you don't tase me. >> So what exactly happened? I didn't see or >> He was working and that's the thing that he got in and he he drove up here. >> Yeah. >> He done something wrong so bad and he come in our lane right here and run down here and ran into the back of that roller. >> Even even when they hadn't been drinking, people are >> It's hurt. >> Even when they haven't been drinking, people are just >> No, he couldn't stand up. >> Yeah. Um I've been running radar right down here trying to catch people coming through. >> I appreciate it. >> That's I said if you don't mind just hanging out in the car real quick. Yeah, I'll make it uh make sure it's safe for you to get out. >> Can y'all shut my door, please? >> No, we got to keep it open. >> We'll keep it open then. >> Okay. >> 65 >> Can y'all let us go? >> Nope. >> Okay, so what y'all got to say to us? >> Wait. We're getting witnesses to identify. >> Why do Why you have the back door up on this the driver who who's supposed to let you pull it over? >> We're not investigating this car. We're investigating the crash with another car. >> Okay, so why do you have the back door open? >> Because the witness said a male got in this car that was driving the other car and took off. So, he's on his way here. He's on his way here to identify you. >> I'm going to roll your window up a little bit so he can't see inside you. See anything you recognize? >> Yes, sir. That's him. >> Issue one, detention authority. Under Terry v. Ohio, 1968, officers may detain any individual when articulable facts support reasonable suspicion of criminal activity. The subject's seating position is irrelevant. Maryland v. Wilson, 1997, permits ordering passengers from a stopped vehicle. More critically, the investigation targeted the subject's role as driver of the crashed vehicle, not his current seat. Issue two, show-up identification. Under Neil v. Biggers, 1972, show-up constitutionally permissible when conducted promptly and without undue suggestiveness. Both conditions were met. The positive ID established probable cause. >> Okay. >> All right. So, you're going to get out of the car, okay? >> Can you let me go, my seat belt Hey, you're pulling me out of the car. >> Yep. Let's go. >> out of the car. Record this. Record this. Record this. Record this. Record on your phone. >> Step out. >> Listen, look Look at me. He's pulling me out. I swear to god Look at Look at Look They're pulling me out. They're pulling me out of the car, bro. I'm not doing nothing, bro. Man, they're pulling me out, man. Mother No. They're pulling me out and putting me in handcuffs right now. They're pulling me out and putting me in handcuffs right now, Mom. Is this one locked? They just pulled me out of the car, Mom. >> All right. Go ahead and put him here. >> Matter of fact, >> Stay in the car. Stay in the car. >> Stay in the car. >> Stay in the car. I'm giving you a lawful order. >> We got him. F-bomb. >> Okay. Sir. >> What's up? >> Can you please Listen, I'm a I'm a comprehend. I swear to god I'm a comprehend. >> All right. >> Okay. I'm listening. I'll take you to jail whatever whatever. That's fine. >> We're doing an investigation right now. >> Yes, sir. Okay, that's fine. >> All right, we're good. >> Can I please let all my phones go whatever? Can I get Can I Can I get some socks on sir, please? >> You have socks on. >> Please. I Listen. Listen. Why Why y'all grab me though? Man, why y'all got me out here like this with no shoes on, man? Hey, don't. >> I got You got anything on you? A sharp? >> No, man. >> Any knives, needles? >> I don't You can search me, bro. I don't >> No, he's about to, but I'm just saying don't go reaching in your pockets. >> Search me first. >> He's He's searching me right now. >> Hey, you get your phone. No, that phone on the back of your trunk. Get the phone on the back of your trunk. That's your phone. Don't get your phone on the back of the trunk. >> It's all I got, though. >> So, you got nothing else? >> Man, you can search me, bro. You don't see I don't >> You're good. You're good. You're good. >> I don't got no money on me. I don't got nothing. Can y'all tell me what's my probable cause for me getting arrested? >> Issue three, use of force and Miranda. Soft empty hand control following repeated non-compliance satisfies the objective reasonableness standard of Graham v. Connor, 1989. Miranda was correctly administered post arrest before questioning. The subject's deflection, "When did you pull me over?" is not an unambiguous invocation under Berguis v. Tompkins 2010. The officer correctly seized questioning upon attorney request. >> Okay. >> Right. Right. All right. Okay. >> Do I have Do I have any proper cause for me being in the backseat right now? Do I have any proper cause for me being in the >> I'm switching hats. Now, I'm going to be investigating a DUI, okay? So, you have the So, So, So, listen to me. I'm going to read you your rights. I'm going to read you your rights. Can I read you your rights? >> No. No, you can't. >> Okay. So, you have I'm going to read them. I'm going to read them, and you're going to tell me what you want to do, okay? So, you have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have him present with you while you're being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any before any questioning before any questioning if you wish. You can decide decide at any time to execute these rights and not answer any questions or make any statements. Do you understand Do these rights have been explained to you? Do you understand the rights I've explained to you? It's just a yes or no. Do you understand the rights? >> Man, you didn't pull me over. You didn't do none of that, bro. Like, come on, bro. >> Do you understand your rights? Do you want to talk to me now? >> I feel like you should let me go, honestly. >> Having you Do you understand the rights I've explained to you? 7375. I've told you six, seven, eight times. Officer Gardner. Okay, and I can ask you this a million times, but I can't talk to you until you answer this question. me over. You don't want to talk to me? Okay. >> You keep saying that you pulled me over. >> Get back. >> Get back. >> If you step off that sidewalk one more time, you're going to jail. >> Okay. Okay. Go ahead. >> He was up there. >> Huh? >> He was at the scene. >> He was at the scene of the single car That was all I remember. He was hanging out. I was getting ready to take her home. That was everything. >> Did you drive him here? >> Did I Yeah, he was in my car in the backseat. Where y'all got him in the backseat. >> Did you drive him from his house? >> No, not from his house. >> How did he get >> I'm not sure. I don't know. I was in the car with with my boyfriend. That was it. >> Were you drinking at 3:06? >> I was, but I'm not drunk. I'm >> So, you were drinking? >> I'm good. Yes, I'm good. >> You got someone to come get the car? >> You want me to call somebody to come get the car? >> To come pick you up and and take the car. >> Okay. I'm going to use the restroom. >> Where? >> Right here. >> Okay. >> Okay, she needs the bathroom. >> I I don't know. So, they got hit-and-run and then resisting. You didn't get out of the car when we asked you to. Going to bring this back in and come back. Okay. Was he in the driver's seat? >> Sir? >> Was he in the driver's seat? >> This guy? >> Yeah. No, yeah, the guy that what you just identified. >> Yes, sir. >> Okay, he was in the driver's seat. Okay. You're what we call a wheel witness. >> I can't hear you. >> You're what we call a wheel witness. So, you're the one that's going to put him behind the wheel of the car. >> Yes, sir. >> Appreciate you helping out. So, what his car smashed into the back end of your roller or >> Yes, sir. >> Okay. All right. Let me go grab that. This guy got info on him. >> Yes. Identification says that whenever it all goes down >> not hurt or anything like that, right? >> No. >> No, I don't think that thing can move that. >> Look a like >> Yeah, it was. So, who was He was driving this car? >> Yes, sir. >> And he got into the other car? >> Whenever I was coming across road, he was getting out. The guy in the white shirt had pulled up sideways in the road. He got out stumbling around, got back in this car, kept saying, "What's going on? What happened? What happened?" He goes to get in the little white car, the guy in the white shirt down there. He gets in it. I told him, "Don't haul him off or you're going to be involved." Well, then about that time I come out this parking lot. I'm on this dispatch. The girl's coming across here. He gets out of his car. They get him and throw him across here. >> So, the driver of this car actually got in the guy's car? >> Yeah, he he got in the passenger seat of the guy that was in the white shirt. >> Yep. >> He got in the passenger seat of his car. And he But he did not move him. He would He got scared he was fixing to go down with him. >> Hey, uh the guy in the white shirt uh on the sidewalk So, the is telling me that he he got the driver of the car that he identified got actually got in his car and he was going to drive him off. >> Okay. >> And then then they ended up getting him out cuz the other person showed up and he got in the back of that car. >> Okay. >> All right. Were you Were you Were you facing in the direction of the car so you saw him coming or were you facing the other way? >> backing up, right? >> Yeah. >> Doing what I'm supposed to be doing, right? >> Yeah. >> And then I [music] seen the car coming towards me. >> Yep. >> So, I tried to That's why I stopped at right here. I stopped right here cuz I seen the vehicle approaching, you know? And I tried to roll forward to get out of his way, but Yeah, it didn't happen. >> So, walk Yeah, start walking this way. >> All right. >> They going to move the car in the parking lot though. >> Why are they >> They're going to move the car. >> I don't You know why they're moving I don't know why they're moving the car. They're moving my car so we don't get no DUIs. I don't we don't want that. >> We'll straighten everything out once we get out there on the road, all right? What's up? Say that again. >> I said I appreciate you for letting the window down and all that, bro. I appreciate that. I appreciate that. >> Well, that we're we're not going to roll the window back down, all right? >> I got to say something. How y'all going to put me in the back seat and do all that? It don't make no sense. >> I don't >> 725 and 9 computer. >> Yes, I have an idea on it. But, it's just a Okay. I don't know if you heard a Let me tell him that but the car's registered at a company in a >> Right. >> Right. >> Where you at? Okay, I'm going to give you my location. I'm at I'm at Chevron. I'm up >> Bro, why you yelling? The police right here. Hello. >> Can they Can they bring >> Um So, we need to use the law. Everybody here has a little bit too much to drink. So, we don't want anybody to get a DUI. >> Uh one of the uh gentlemen involved in uh in the cars, he's he did a hit-and-run. So, he's going to jail. But, we got three here that we're standing here with. Um we just got to get a ride assistance getting home so nobody gets a DUI. >> Okay, where y'all located at? >> I I checked her zone. >> In the car? >> Yes. >> Okay. >> Yeah, tell her >> What are you saying? >> run. I don't know what else, but at least >> Resisting. >> leaving the scene of a crash and uh resisting. I guess he wasn't cooperating with the officers when everything was trying to uh >> Let's go with that. >> Yeah, you're good. >> All right, I'm going to read you something, okay? >> Go ahead, read me something. >> I'm now requesting that you submit to a lawful test of your breath for the purpose of determining its alcohol content. Will you take the test, yes or no? >> Nah, you ain't going to read me nothing. >> Yes or no? >> You never read me nothing, bro. I in the back >> Yes or no? >> You you you pulled somebody else over and you driving >> Okay, I'm I'm asking you >> Yeah, like you knew I was >> I'm asking you I want to test I want to test your breath, okay? >> That's all I'm saying. >> Is it a yes or a no? >> That's all I'm saying, bro. >> Okay, so I'm going to take that as a no. >> Take it however you want to take it, bro. >> Okay, so if you refuse to take the test that I have requested of you, your driving privileges will be suspended for a period of for a for if your driving privilege has been previously suspended or or if you have been previously fined under for refusing to submit a lawful test of your breath urine, or blood. Additionally, if you refuse to take the test that I have requested of you, and if your driving privileges has been previously suspended, or if you have been previously fined uh for a refusal to submit a lawful test of your breath, urine, or blood, you will be committing a misdemeanor in addition to any other penalties which can be imposed by law. Refusal to refusal to submit the test I have requested is admissible into evidence in any criminal proceeding. Do you understand what I've just read to you? >> Issue four, implied consent. Florida statute section 316.193 attaches to the act of operating a vehicle, not to the moment of the stop. Evidence here was substantial. Eyewitness ID, blood in the driver seat, and the subject's visible leg injury consistent with crash trauma. His non-answer to the breath test is treated as refusal, admissible in court. >> You saying all that, how you got me out of the backseat of a passenger? I was a passenger. How you going to try and get me for a DUI you got me out of the backseat? >> All right, can you turn around for me? Where are you going >> Turn around. I'm good, bro. Come on, [ __ ] bro. Yeah, that's wrong, dog. >> Okay. >> For real, bro, you got me out of that [ __ ] of a car, bro. Dead ass wrong. >> And we are allowed to do that. >> It's cool. It's cool. It's cool. It's cool, bro. So, where you taking me at? >> Hospital now. >> For what? >> Uh the jail won't take you because of your injuries. So, they need you to get cleared from the hospital first. Your leg there. >> And this didn't happen whenever I got >> Lead officer receives a B+ classification, show up procedure, Miranda, and force were all sound. Deduction, earlier explanation of the investigative basis would have reduced confusion and resistance. The supervisor receives an A- effective de-escalation, sound discretionary judgment, clear command presence. Deduction, could have intervened sooner to clarify the legal basis. The subject receives a C. Requesting a badge number was appropriate. Sustained non-compliance after probable cause was established added a resisting charge, and his passenger status argument was legally irrelevant. The female driver receives an A- for composure, cooperation, and honest disclosure under pressure. Key lessons. One, where you are when officers arrive does not determine the investigation's legal basis. Two, eyewitness ID plus physical evidence creates probable cause regardless of seating. Three, implied consent cell follows the act of driving, not the traffic stop. Four, resisting after probable cause exists adds charges contested in court, not on the street. All suspects are presumed innocent until proven guilty in a court of law. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching. >> Okay. >> The lead officer