not going to write you a ticket cuz it's not your car. So, >> I mean, just like I was just doing. >> All right. Turn around. Put your hand behind your back. Don't >> call my mom. No. Call my mom. I know. >> Yeah. Yeah. That's not you. >> It is her. >> Let's go. >> Call her mom right now. On May 10th, 2023, Officer Brown of the Cocoa Beach Police Department initiated a traffic stop for expired registration. The driver had no identification and would provide two false names, turning what should have been a verbal warning into a multi-charge felony arrest. Hi. >> Hi. >> How are you? >> Good. How are you? So, >> this is my car. I'm just ask I asked my friend to drive well. >> Okay. I'm Officer Brown, Koko Beach Police Department. >> So, the registration is expired. >> I know. I actually didn't. So, I'm from New York. I live here now, but in New York they do the registration totally different. And I thought that they do it every year, but apparently I just burned this like a few days ago >> on your birthday. >> Yeah, exactly. And my birthday just passed. It just moved it. So, I just figured that out. >> Okay. >> Um, since you're actually the one driving, I need your license. >> I will be honest with you. I have nothing on me. I literally have just my cash. I just got robbed. >> Yeah, I have nothing at all. >> I have nothing at all. >> Okay. >> And I can prove it to you. >> No, you're fine. >> I have like >> nothing. You get my license today. >> I don't. Okay. >> Yeah. Um Okay. What's your first name? >> My first name. >> Spell it for me. >> T A T I A M A. >> Okay. And then last name? >> Brown. >> Oh. Okay. And birthday? >> 11492. >> Oh, you're older though. >> What? I'm older than you? >> Yeah. >> By 3 years. >> All right. Um, >> should I just like not be driving cuz I don't have my information? >> No, you're fine. As long as it's good, you're fine. Um, what state are you from? >> Florida. >> Oh, Florida. Okay. All right. All right. Give me like few minutes. Obviously, I'm not going to write you a ticket cuz it's not your car. So kick ass. >> I mean just like drive. I was just doing it for a moment. >> As long as you're fine, you can drive. I mean people stuff happens all the time. Where'd you get robbed at, though? >> Orlando. >> Literally, I have cash on me. I'm so annoyed at all. My car, my medical marijuana. I like everything. Um, so >> that sucks. All right. Well, give me like I don't know 5 minutes and then I'll have you on your way. Okay. >> All right. Thank you. >> Yeah. >> Uh, what's your middle name? What's your middle name? >> No. >> No. All right. Spell your first name again just so I have it spelled right. I >> Oh, two hands. That's what I missed. You said you have a Florida license. Okay. 114 of 1992. All right. I was spelling it wrong. That's why I was being dumb. All right. My bad. Give me a second. I'll be right back. >> Well, I'm not getting ticketed. It was just >> Yeah, but I still have to put the information into the computer for the traffic stop. That's all. >> Am I okay to get out of the car? Get out of the cell. >> Huh? >> Can I get out of the car? >> Just hold on a second. >> I know. Just hold on a second. >> And she doesn't have a middle or you don't have it? >> She said she doesn't have a middle, >> but I also don't believe she's telling the truth either. Um yeah, because I'm showing so far um for you there's a similar that comes up that uh wanted No out of Ohio matching name and date of birth with a middle initial of L, but her birth date is showing 114 and 93 so far. >> Okay. Okay. So, be honest cuz I'm trying to be nice here. Do you have a Do you actually have a license? >> Okay. I will be honest. >> Obviously, you have a license, >> huh? >> I have a license. >> Okay. And I'm fine. I just got nervous cuz stuff and I didn't know what to do in the situation. >> Wait, what? >> Yeah. I just got nervous. >> That has nothing to do with you, though. >> I don't know what to do. >> So, you give me a completely different person's name. >> I don't want to make it complicated. >> Okay. Spell the correct name. What? >> All right. You should have told me that from the beginning so I could have had you guys on your way a lot faster. >> Well, I don't know what you're doing. >> That looks It makes it look bad. >> Am I in trouble now? >> Well, >> nothing happened. I mean, I'm getting my I'm getting my tax fix. I just found out about >> Well, she was never getting a ticket for that. >> Supposed to be driving cuz she was feeling nauseous. >> I I I get you. Just give me a second. And that you would have been gone a lot quicker giving me the real name. >> The initial stop is legally straightforward. Expired registration tags are plainly visible and constitute clear probable cause under the Fourth Amendment. A traffic stop is a seizure, but a brief, minimally intrusive one when supported by an observable violation. This stop meets that threshold without question. When the driver provides a false name, she violates Florida statute section 901.36. This law makes it a firstderee misdemeanor up to one year in jail for any person lawfully detained to give false identification to law enforcement. Critically, if the false name belongs to a real person who is adversely affected, the charge elevates to a thirdderee felony up to 5 years in prison. The Supreme Court addressed identity obligations in Heble versus 6th Judicial District Court of Nevada in 2004. The court held that requiring identification during a lawful Terry stop does not violate the fourth or fifth amendment. Florida codified this principle. During a lawful detention, you must identify yourself truthfully. There is no constitutional right to lie about who you are. All right. Come here for a second. I got to show you something. >> What? >> Just come here. >> Come here so I can show you what I got to show you. >> Hey, photo. All right. Turn around. Put your hands behind your back. Don't Don't >> stay in the car. Stay in the car. Don't move. >> Don't move. >> I'm tired of you lying. >> That's not who you are. >> Excuse me. >> That's not who you are. >> What is going on? Why is he not >> Why are you lifting me? >> Stop moving. >> I'm not okay. >> That's not your name. >> Why are you What do you mean? Ow. Ow. Ow. Wait. Why are you handcuffing me? >> Because you're lying to me. >> I'm not lying. >> Yes, she is. >> Hanging her. Stop >> because she lied to me about her name twice. No, >> I just looked up that photo and that's not you at all. >> No, it's not. >> Yeah, it is. >> No, it's not. >> Call my mom. No, call my mom. I know. >> Yeah. Yeah, that's not you. >> It is her. >> Let's go. >> Call her mom right now. No, no, no. >> You're on a walk. >> I'm not lying. >> Yo, you're confused. You're No, seriously. >> I'm not confused. >> I'm not lying. I lied. Just I >> Stay in the car. In the car. I You're lying. Okay, >> let's go around. Please. >> No, you you lied to me too much. >> No, it was one time I was nervous. Please, can I stop? >> Can you call my mom, please? >> I'm not calling nobody. Get in the car. >> This is This is not good. Wait. Please >> get in the car. >> What? Why are you saying I'm lying now? >> Because you are. I can have the driver's license photo. That's not you. >> The driver's license. >> That's not you. Get in. >> That is me. And my name is he and you're doing little >> What's your middle name? >> Sure it is. Get in the car. >> Excuse me. I don't see what you're talking about. I need Stop. You're pushing me. Stop. Stop pushing me. >> Stop pushing me. >> Get in the car. >> 82. Step it up now. >> Okay. I don't want this. Get in the car. I'm going to get in the car. >> Get in the car. >> Okay. >> I'm getting in the car. Okay. Get in. >> I'm getting in. I'm getting in. Mike, can you get my phone, please? >> Close. Move your legs. >> So, I pulled the driver out cuz she's been lying to me about her name. I'm 10482 Central. And so, I told her to come back with me. Then, she started pulling away and I'm like, "No." And I told her to get in the car and she didn't want to. And then she's in the back. There's a passenger in the car. You can switch her hands. >> Hello. How are you? >> How are you? >> Good. Good. >> So, what's her room name? >> It's a I mean, I don't know. I don't understand why the problem is >> that's not what that's showing up on. >> Not her at all. >> I mean that's I mean I can call her mom. >> Do you need anything else? I mean I don't know yet what's her driver seat. No, >> you can hang tie right you can hang tie right there. So, I saw the car. It's not her car. It's this lady's car. >> Yeah. So, she's got this lady driving and she gives me a name and a date of birth and says she has a Florida license and I look it up and there's no records found. I called dispatch on the phone. She ran through all 50 states and she got a similar to the name but nothing else. So I go back up and ask her and then she's like, "Well, I was scared so I lied." >> This car registered, too. >> Uh, listen. So this is her car. Yeah. >> She just moved, she said. >> So >> she just moved. >> Yeah. But I want >> tag already expired and she just moved here. I didn't see when it was issued or whatever, but come here. So, I want you to look at the photo. All right. Now, I'm going to open a passenger door, and I want you to tell me you think that's the same person or if you can see from That look like the same person to you? No. >> What's your real name? You don't know your real name? I mean, you can go to go to jail under Jane Doe and they'll figure it out that way. >> I don't know why this is happening right now because you're lying. I admitted to what I said and >> that's not your real name. >> Okay, you can just go to jail. >> You were going to take me regardless cuz you don't believe me. >> No, I was going to take you once you lied to me the second time. The first time I was going to just let it slide, but now the second time you're still lying. I'm not letting that slide. And now I can tack on two charges of false ID to law enforcement. Okay. You probably don't have a license. So, I'm going to add that on to driving without a license cuz I can't identify who you are and all this other stuff. >> Huh? >> I'm sorry, officer. This is just the situation. >> It is. So, if you want to tell me your real name, but if not, then that's fine. We can play these games. >> Well, you're not going home. So, keep lying if that's what you get. What? >> They're taking me to jail and I don't know if anyone's going over my social. >> Honestly, that is not my concern at this point because >> that's not my fault. You shouldn't have lied. >> Nope. >> I'm sorry. >> Does she have any of your property in here? >> Um like some of her clothes and stuff and her bag. No wallet, no nothing. >> No, her No, she has no wallet. >> No purse. >> No, she has cash. She has no She does not have her ID or her cards. That's not That's the truth. She has cash. >> Okay. So, what's her real name? >> Her name's Aia. She I do not I mean, she has her cash. She doesn't I have her wallet. I mean, I have her bag. She has no cards, no nothing in there. She doesn't like >> No cards, no nothing. >> We went out last night in Orlando. She didn't have an ID when we went out. Like, she was like, >> "Is that her bag right there? >> This is my bag. >> Where's her bag? >> Her bag is right here. She doesn't have She doesn't have ID. should look. I'll show you. She doesn't have She has a cash in here. That's it. Cash and her and her stuff. That's it. We went out to Orlando last night and like I know she had no ID on her because we went out and she couldn't show the ID to the security people. So, she was like having to, you know, anyway cuz I'm 38 so I'm old. >> Okay. >> But, you know what I mean? So, like there was no ID to show. >> How long How long have you known her? >> Um, like a year. I'm from New York, but I moved here 2 years ago. >> Okay. >> Yeah. I mean, I know I I have my New York license here, and that's why my tag expired as well, because I didn't in New York, it's totally different with the registration. Um, you have registration like I know in New York. So, here, and I just it just updates recently. Like, >> how recent did you get them? >> Um, >> cuz they're they're already they're already expired. >> No, I know cuz it's my birthday. I just found that out. My birthday is April 25th. So, I just found that out cuz in New York it's like I think it registrates every year, not by your birthday. And it I haven't even had this for a year now. >> Okay. >> Yeah. I've had this car since September. So, like when I I was actually pulled over the other day, not because of this and I had I was like super confused on it. How would I have a registration expire? I just got it made no sense to me. So, I tried I said I could pay for the tax online, but I can't do that because I need to have the car to actual license and here you have to make an appointment for that. We're in New York. It's just like totally different. So, that's why I haven't done yet. >> Okay. >> So, I was planning on joining back home. >> So, you just met her? >> No, I've known her for like a year. >> Okay. >> I don't know how long she >> Where's she from? >> I'm not sure exactly. Where does she live now though? >> Um, I think I'm not really sure. I don't really know. >> Okay. >> Kind of like >> Okay. Um, >> I don't I don't want I don't want to say I don't know exactly. So, I want to tell you, you know, >> so she had no ID the whole time you've been with her. >> No, like like I said, I know. >> Okay. So she told him that she was robbed last night. >> Yeah. Yeah. She didn't have an ID. >> Yeah. So she was robbed. But how does she have all that money? >> I don't know. >> I mean I know for me when I go out like here's my wallet. I don't bring my cash on me when I go out. I bring different bag and I bring $40 for that reason. You know what I mean? Because I live out. >> So unfortunately. Okay. All right. Hang tight. Show the rob. She was robbed. That was all her money. She has a lot of lot of cash. If this person is who you telling me is you, you would have been given a warning and I would have sent you guys on your way. We're well beyond that. I don't take being lied too lightly. Sorry. >> Officer Brown discovers the first name returns no records across all 50 states. He confronts the driver who admits she lied and provides a second name. The driver's license photo for that name does not match. Each false identity constitutes a separate offense under section 901.36. She now faces two counts. The arrest decision is legally sound. Officers have broad discretion during traffic stops. Under Pennsylvania versus Mims decided in 1977, police may order a driver out of a lawfully stopped vehicle as a matter of course. No additional justification required. This is a peray rule. The officer does not need to articulate a specific safety concern. The subject refuses to exit for fingerprint verification. This refusal triggers Florida statute section 843.02, resisting an officer without violence. The statute applies when a person obstructs or opposes a law enforcement officer in the lawful execution of a legal duty. Refusing a direct order to exit during a lawful arrest satisfies every element. Officers proceed with physical extraction. Under Graham versus Connor, decided in 1989, the reasonleness of force is judged from the perspective of a reasonable officer on scene, not with the benefit of hindsight. Three factors govern the analysis. The severity of the crime at issue. whether the suspect poses an immediate threat and whether the suspect is actively resisting. Here all three factors favor the officers. The use of force follows the continuum appropriately. Officers began with verbal commands progressed to soft empty hand control, then to hard empty hand control. During the extraction, the verbal warning of pepper spray deployment announced before use is textbook deescalation protocol. It gives the subject a final opportunity to comply voluntarily. >> Thank you. Is any just forgive me in your heart. I just want to move from this. I don't want to be this person. Can you please Can we please move on from this? Please, God. Mr. Officer Brown, please. I disrespect you. I lied. But I just don't want to do this. Can we please move forward from this and not in this way? You can give me a ticket. Give me anything, but I don't want to go to jail. Please, Officer Brown, please. Can you hear me? >> I was treating you like a person when I was up at >> and when you came back, I promised you I wanted to tell you before anything. I knew you were in this car looking things up and I was just like, "Oh my god, I have to get out and say something." >> Your friend sat there knowing you were lying. >> It's I know. I put her in a bad position as well. >> Yes. And that's why I'm getting her car towed. >> What? >> Yeah. Her license is suspended. So >> it is. >> Yep. Uh, please can I just have my mom come pick me up? >> She can pick you up from jail? >> No, no, no. >> Yes. >> There's nothing that you can say that's going to make me change my mind. >> Well, how much do I have to pay to get out of jail? >> I will tell you that in a minute. >> All right, step out. He's got to do the fingerprint thing. Just going to try and verify who you if you are who you say you are through through a fingerprint. >> Okay. If you can just step out. Yeah. >> I just have to reach around. I have to get a right index and a left. >> Why do I have to do this? I don't understand. >> We're just trying to verify who you are. >> Yes. >> Sir, I you verified so many different times. >> I did verify that. I told you I like I explained >> I want to call my mom. >> It's okay. Just >> you you don't have the right to to refuse this. >> What right do I have? >> Not the right to counsel or to call your mom. We're just trying to verify your that you are who you say you are. >> Yes. So you need to get out. >> I don't want to do this. >> Go ahead and step out. >> You have to. I will grab you and make you get out. >> I'm saying you don't want to, but we need to verify your identification. >> So you want some leeway here. You need to follow what I'm saying. >> All my information is right. >> I just How old are you? What point? Most 18-year-olds have a choice. Most kids, >> you don't even know your friends. Step out. >> I don't want to do it. >> Well, you have no choice. >> Why don't I have a choice? >> Stop it. Why are you crying? Please stop. Please stop. >> Stop. >> Stop. Stop it. >> Stop. >> I don't feel comfortable. Please stop. >> Well, then just relax. >> No, cuz you're you're holding me tight. I don't know why. And I've already spoken to you. Please let go of me. Please let go of me. Stop forcing me. >> Stop forcing me. Stop forcing me. Stop. No. Let me go. Let me go. Let me go. >> I need you to relax. >> No. No. I'm going to have No. Stop. >> You're going to get booked under Jane Day. >> Okay. >> And you're going to stay in jail for five extra days. >> Why? >> Because that's how the system works. >> Leave me alone. Please stop. >> Please stop. >> What are you doing to me? >> Stop it. Stop it. Stop. Leave me alone. Get out of me and stop. Stop. Stop. Stop. Stop. Get off of me. No. No. Let me go. Stop. I said no. >> I don't want to. Stop. Leave me alone. Get off of me. Get off of me. Why am I safe? >> Leave me alone. Get off of me. Get off of me. No. >> Listen, I understand you're intoxicated right now. >> Why am I intoxicated? >> Smell the alcohol in your breath. >> I'm not intoxicated. >> Okay, relax your hand. >> You've already kicked me. Your name is you. Stop. Relax your hand right now. >> Stop. You're hurting me. You're hurting me. Stop it. You're hurting me. Stop. >> Relax your head. >> Let go of me. >> Let go of me. Let go of me. Let go of me. Let go of me. Let go of me. Let go of me. Let go of me. >> You're making this way worse. >> You're hurting me so bad. >> You're hurting me so bad. is going to do this too. So either do it now or do it after let go of me. I didn't pick you and go my mom. >> What's your mom going to say? >> Let me take your finger off. >> Guys, you're going to have to do this after not kick me again. That's You're hurting me so much. What the heck? Would you get up? >> You fell on the ground. Yep. >> Get up. >> Get up. Get up. Or I will pepper spray you at this point. >> Get up. Get up. >> Small border, man. No. >> Now get back in the car. >> No. Get in the car. >> Get in the car. >> You guys are horrible people. >> The battery charge deserves close attention. Under Florida statute section 784.07. Battery on a law enforcement officer is a thirdderee felony up to 5 years in prison. This is not a misdemeanor enhancement. It is a standalone felony. Any physical contact initiated against an officer during the lawful performance of duty can trigger this charge. An additional layer, the driver's license is suspended. Under Florida statute section 322.34, driving with a suspended or revoked license is a criminal offense. This means the driver was committing a crime before she ever opened her mouth. The false names were an attempt to conceal it and instead compounded it. She is. I'm feeling >> How can you do that to people? >> You were still lying about your name. What's that felony charge? >> A felony charge. >> Yep. To lie to a police officer. There you go. And to kick. >> I didn't kick anyone. And you guys know it. You guys know I did not kick you. >> You guys know I did not kick you. And you know that's the fact. I did not. I would love to see it. I did not. >> Resisting. >> Why? I'm already in handcuffs. >> You're resisting. >> Resisting what? I said I don't want to do something. >> A lawful order is what you said. >> You guys, you know what you did is wrong just now. >> Now you have your own name. Officer Brown receives a B+. The stop was legally justified. His initial demeanor was professional and reassuring. He explicitly told the driver no ticket would be issued. He gave her multiple chances to be truthful, an exercise of discretion many officers would not extend. His use of force was proportional and consistent with established standards. Minor deductions apply for some frustrated commentary that while understandable fell below the ideal professional tone, the subject receives a D. Every decision she made escalated her situation. She was never going to receive a ticket. She chose to provide two false identities, potentially using real people's names, refused lawful orders, and physically resisted during extraction. She turned a warning into a felony. To her limited credit, she did not resort to weapons and expressed remorse. But remorse does not undo felony charges. The lesson here is direct. If you are stopped by police, provide your real identification, even if your license is suspended, even if you have warrants. Lying about your identity is a separate criminal offense that adds charges rather than avoiding them. Exercise your right to remain silent on substantive questions. Comply with lawful orders. Challenge any perceived violations through the legal system afterward, not on the roadside. The courtroom is where rights are vindicated. The traffic stop is where charges are accumulated. 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.