I'll remove you from the car and you'll go to jail. >> Get me out of the car >> if you don't get out of the car. >> So, I'm telling you to get out of the car. Okay? >> Don't touch me. >> To get out of the car. >> She could get out. >> Don't touch me. Don't touch me, sir. >> She could get out by herself. >> Well, she wasn't. >> Okay. But she was though car. >> No, this is not the right car. But these females are going to stay right here until we get a dog around this car. >> I don't have it right now. YOU WANT TO KNOW WHY ARE YOU GRABBING ME? Why are you grabbing up on me? >> WHY are you grabbing me like that? GOING HANDCUFFING out my hair. Stop me. >> On March 21st, 2024, officers detained three women during an active investigation into a firearm discarded by a fleeing suspect. The encounter that followed raises serious questions under the Fourth, Fifth, and First Amendments. >> Stay in the car. Stay in the car. What did you guys just pick up? >> Huh? >> What did you guys just pick up? >> Yeah, you heard me. >> I want to talk to my lawyer at this point. >> All right, everybody get out of the car real quick. Okay, >> hop out the car. >> Can you not open my door? >> Hop out of the car. You can talk to your lawyer. >> Can you please not grab me? Can you please not grab me? I'm getting out. >> Hop out of the car. Hey, she got out of the car, I'm pretty sure. So, >> I didn't even >> Can you please not grab me? >> I'm just asking you to stay right here. Okay, here's the deal. You're being stopped for an investigation. Get the other girl out of the car. We'll explain what's going on. Okay. GRAB ME. I'M NOT doing that. >> Stand right here, though. Okay. Stay out of the car. >> Stay right here. You're being stopped for lawful reason. Don't walk away. >> I'm not walking away. You just told me to stand right here, so I'm standing right here. >> I'm not going. They going to pull us over. >> Hey, uh, send me a marked car to 4336 Kundu. Hey, Troy. Did he drive back down Kundu? Yeah, but he he went out and sail him, >> right? I'm thinking he threw the gun out though cuz the girls that were following him, I saw him stop it like they picked something up in the street. So, I need a I need a dog over here to run around this car eventually. Here's the deal. The guy that was in the Impala had the pistol. He just ran from the police. All right. He just hit my car. All right. And I think he probably threw the gun out. And I'm betting someone picked it up if that's what I saw happen. So, I'm going to get a dog over here. We're going to run dog around the car. We'll see if there's a pistol in the car and we'll go from there. Okay. I just need all you girls to hang out. All right. It's very simple. >> 300 yard. >> All right. If I had to bet I'd seen this car, if there was a K9 working, how'd that dog head this way? 43 36. >> Give me the tag, Becca. in this car. >> I think it's in this car. >> I'm going to run a dog around the car. Okay. I need you to get out of the car. All right. At this point, I have an investigation going on. Someone just hit a police officer's car. I'll remove you from the car and you'll go to jail >> if you don't get out of the car. >> So, I'm telling you to get out of the car. Okay? Don't touch me. >> Get out of the car. >> She could get out. >> Don't touch me. Don't touch me, sir. >> She could get out herself. >> Well, she wasn't. >> Okay. But she was though. >> No, this is not the right car. But these females are going to stay right here until we got a dog around this car. >> I don't have it RIGHT NOW. >> WHY ARE you grabbing? >> Do not walk up. >> Why are you grabbing me like that? Going handcuffing MY HAIR ME on the ground. >> Put your hands behind your back. I got I got >> I got my >> I don't give a [ __ ] Shut the up and put your hands behind. Are >> you serious? >> Yeah, I'm deading serious. Stoping around. >> Why the heck? >> All right. I can't wait, bro. I CAN'T WAIT. RECORD MY FACE. NICOLE, look at how these mother face, bro. >> Get on your feet. >> I can't. Are you serious? >> Yeah, we're dead serious. >> This way. >> Why are you grabbing me like that? This way. >> Why are you grabbing me like this? >> They slam my face on the ground. THEY SLAM MY FACE ON the ground, bro. >> You're going to start listening. >> Keep walking. >> Keep walking. >> I'm recording. Get off me. I'm recording. I'm recording. No, you're going over here to THE CAR. >> WHAT ARE Y'ALL DOING? >> STOP. >> They over here. Look at what they're doing. >> Look at this. Look at this. Don't touch me. You trying to take my phone? >> I'm trying to put your hands behind your back. >> I'm not even What the >> Relax. You have anything IN YOUR POCKETS. >> JUST RESISTING. >> Trying to pull your hand. >> Doesn't mean you're not trying to nobody. >> OH, WOW. I'M RECORDING. YOU WANT TO TAKE MY PHONE? JUST RELAX. >> THAT'S CRAZY. >> OKAY, one of our officers just got rammed over there. Okay, >> that don't have nothing TO DO WITH ME. >> I'M sure it doesn't. Okay, just relax. >> Give me my phone back. >> The stop itself is legally sound. Officers personally observe this vehicle stopping at the exact location where the firearm was thrown during a felony flight. That satisfies the reasonable articulable suspicion standard established in Terry v. Ohio in 1968. The exit orders are equally defensible. Pennsylvania v MIMS in 1977 extended to passengers by Maryland v. Wilson in 1997 gives officers authority to remove any occupant from a lawfully stopped vehicle without additional justification. [clears throat] >> Yeah, I'm coming back from Salem right now. Back where I saw >> her face. >> Maybe she should have listened. >> NOBODY EVEN TOUCHED Y'ALL. >> I have the other young lady. So, they left the house with him and then uh >> with him. >> Okay, just take a breath. >> We're trying to go get some food. >> Okay. >> All right. You got >> my phone, please. >> Okay. It's sitting up here. >> My phone call. >> Well, you're not calling anybody right now. You're not anything on yet. It's just a phone. >> No. I never even meant to do. Can I get my phone? >> Okay. You will in a minute. >> They really slam me by my face on the ground though. It's cuz you have a hard time listening. >> Bro, shut the up talking to me. What the is wrong with y'all? I'm a whole female. Look what y'all did to my face. I can't wait to talk to my lawyer. I swear to God. >> Have a seat. >> Do what we tell you to do. >> I did. >> No, you didn't. >> So, shut the up. >> You did not. >> You dumped her. >> I did. There's a >> That's your guy's car, right? >> Yeah. >> The first females back there. She cuffs them off. >> His body counter flew off. >> [ __ ] See cameras in this house where I can paper to get the ring doorbell. Ring doorbell. >> Hop on out. Got anything you Oh, you shouldn't have guns, bombs. We'll replay your video and >> get back to get the car and try the whole preoccupation. >> Stay facing the car. You just move me to the side. I did not. Yes, you did. I'm skinny as you're big. >> Called it out. >> All right, have a seat. I didn't get attacked when she called it out. >> Nothing on you, Kylie. Separate feet that way. Separate feet. Thank you. What's the vehicle description? >> The older style out. >> Got anything on? You shouldn't have guns, bombs, drugs, knives. >> No. >> Okay, go ahead and turn around for me. I'm just saying no. Well, I still have to check. People lie to me all the time. I'm not lying. Okay. Well, I appreciate it. Hold on. >> All right. That uh the stolen key is last seen northbound on main from 75 high rate of speed. >> All right. Go ahead, Pete. >> What's your middle name? Did you get this? >> Did you get this one? >> Not yet. I was looking for a gun at the store. >> Okay. Do you want them to stay separated or can she have a seat in my back seat? >> No, she can sit. >> What? >> She can sit with me. >> Okay. All right. We're going to go get back to my car. You may be able to possess a gun. Just hit a federal task force officer's car and he [snorts] hit two houses over there. So, you can be charged for lying to me. All right. And I don't want you to get jammed up for his actions. Does that make sense? >> Okay. >> Yeah. So, listen. And I'm going to advise you of your rights. And like I said, >> you got pee. We'll make that we'll make we'll make that work out. Is this your house? >> Female. >> Could you go? I mean, whose house is it? We can get you in there to go to the bathroom. >> Female could take you in there, but listen to me. What was your last name? >> You have the right to remain silent. Okay. Any statement you may be against any court of law. Do you understand that? >> Use it to say yes or no. Hey, can you run your dog around the car in front of my title, please? >> All right. You have the right to an attorney in an attorney present during any question. Do you understand that? Yes. If you cannot afford an attorney, one will be appointed to represent you before any question. Do you understand that? >> Yes. >> All right. And you have the right to terminate this interview at any time. Do you understand that? >> Yes. >> All right. So, Miss Martin, I want you to understand something. We have a helicopter in the sky. Okay. It's no secret because you guys were all looking up at it. The helicopter records the entire time. You want to fix your jacket for you? >> Yeah. >> What do you want to do? >> I was trying to pull this down, bro. >> You can zip me up as well. >> Um, so it recorded everything. I just haven't had a chance to watch it. Okay. I'm not going to zip you up, but one of those females came, but I'll just keep trying. >> That's cool. All right. >> So, what I want you to do is I don't want you to lie to me cuz I'm going to have him watch the video right now and he's going to tell me what female guy out of the car and grabbed the gun. All right? By grabbing that gun is tampering with evidence. So, if it was you and you tell me and you're truthful and honest with me, you may not be charged with anything. But if I have to if I have to work through and figure out who is, you know, impeding my investigation, you know, then there may be charges. So, just straight up, did you get out and grab the gun? I know you guys didn't probably want to. He probably called and said, "Hey, I just threw the gun out and grab it. Okay, >> you guys. >> I understand. Then you can go pee in a minute. But I'm asking you if you got out and grabbed the gun. >> Say I had the cameras. >> Well, I know. I haven't to watch it yet. I'm giving you a chance to be completely honest. >> You know what I'm saying? Cuz if I'm telling you, >> them cameras shouldn't lie. If them cameras lie, I'm going to know. But them came in last. So >> So you're telling me you're not going to tell me if he grabs it or not? >> It's okay. I can come over here cuz it's going to be interesting when the dog hits in the car and we're searching where the gun's at, too. Cuz like I said, you're front seat passenger. Now, you were willing to get out pretty quick, but your friend in the back wasn't. I'm just giving you an opportunity right here to not take yourself to jail >> cuz I know that I don't do nothing wrong. So, y'all can't really take me to jail. >> Okay. Well, >> I got to pee and that dog real scary. >> Dog real friendly. Well, just just keep in mind tampering with evidence is a thirdderee felony and that that is not counting the federal charges you could pick up for lying to him. So if you want to take this couple of seconds and think about what you're doing. >> Why is he a you said that dog is nice? You lying. >> He just looks like he's >> that dog is not nice. Um >> but to me it doesn't seem like you're really focusing on what's important which is talking to him and telling the truth. So if you want to sit down, it's >> so I mean if you want to play this game, >> it's going to end up bad for you. >> If you like to just make our job simple. >> That sounds good. >> Like he said, chances are you're you're going to walk off again. Up to you. But I'd start getting serious about talking to him. >> Authority to give the order, however, is not authority to execute it with whatever force an officer chooses. That distinction is where this encounter becomes legally contested. and it is governed entirely by Graham v. Connor decided by the Supreme Court in 1989. Graham asks three questions. How serious is the crime? Is the subject an immediate threat? Is the subject actively resisting or fleeing? Apply them here. The suspected offense is tampering with evidence, a non-violent felony. The subject is unarmed, seated, surrounded by multiple officers at a stationary vehicle. The third factor is the most critical. Pulling an arm back and protesting verbally is what federal courts call passive resistance. the lowest tier on the force continuum. With several officers on scene, deescalation options remained available. The takedown applied here is the most legally exposed decision in this entire encounter. Look at this. Both both of your passengers in a gas cabin. >> Young lady, I've started nervous, so I just need to take a picture of you. Okay. Can I move your hair? >> I'm have a I'm have a medic take a look at you. I'm going have you guys take a look at her over here. Look up. I'm sorry. >> Go ahead. >> Can I get you to look up for me? >> Hey, would you get a second? Can you do playback and maybe uh give us a closing description on the person that scooped up the >> I'm going to have these managers take a quick look at you. Okay. Can I get you a step off? >> Yeah, no problem. >> Uh, it was a use of force. They had to do a take down. >> Okay. All right. They had to do that, babe. >> All right. Are you guys want to check out? You want to go to the hospital? >> Yes. >> I mean, there's nothing we can do to address it. I mean, it's right on your eye. It's up to you. You want us to take you to the hospital or you want you want to stay with >> I get out of these cuz >> No, you're with them right now. >> My face. This [ __ ] hurts. >> Uh, yeah. I mean, it's just swollen. You're not like bleeding or there's no lacerations. There's no cuts to it. I mean, it's just like a rash pretty much. I got another round here on my truck. >> So, are you want to go to the hospital and get checked out or not? >> No. >> No. All right. I'm going to have you have a seat back in here. Okay. >> The interrogation phase introduces a separate constitutional problem. Before reading Miranda, the officer tells the subject she can be charged federally for lying and asks directly whether she retrieved the firearm. That is custodial interrogation. Under Missouri v. Cyber decided by the Supreme Court in 2004, questioning as a suspect before Miranda and then delivering the warning afterward is a two-step sequence that puts any resulting statement at serious risk of suppression. The Miranda delivery itself, all four prongs correctly sequenced, is technically clean. The sequencing error came before it. When the second subject begins recording, she is exercising a clearly established First Amendment right recognized in every federal circuit that is ruled on it. The Supreme Court addressed this in City of Houston v. Hill in 1987. Profanity directed at officers is protected speech. Recording is not a crime. Attempting to seize her phone creates a separate First Amendment liability. One more legal anchor. If the subjects face civil consequences from this encounter, the applicable framework is 42 USC section 1983, the federal civil rights statute. A successful claim requires showing a constitutional violation by a person acting under color of state law. The takeown sequence provides the most viable factual basis for that claim. for you. >> Yeah, they're going to they'll clean your face, but have a seat. They'll get your face cleaned up. >> Yep. >> Thank you, ma'am. >> It's going to sting a little bit. >> What's your name? >> Need you to look at these medics for me, please. >> Your face. >> The other one I got it out of. >> Oh, yeah. What about this one? >> Uh, not not yet. So, probably have to be printed. >> Get her down. >> The other one's got a warrant. So, both these two going >> She doesn't have any warrants. At least I couldn't tell. Um, I don't know if he I just got her in. I just ran her, so hopefully um he uh hopefully he scrolled down for me. >> All right. Thanks, guys. >> Yeah, info. >> Yeah, >> she'll tell you. >> Ma'am, can we just get you? You got to tell us who you are. Okay. >> Alexis, >> thank you. >> I need your first and last name and your birthday for my lesson. Um, it could be one of the three. >> Yeah. I mean, is there one that you weren't able to get? >> Um, I got vera. >> Perfect. That's who we're looking for. Thanks. >> Is that the female? >> That is the one they did the use on. Yeah. >> So, she'll go for obstructing, resisting, whatever they decide. Um, I'll be talking to the other female. All right, >> she is in that car down there. >> Can we get one of you guys to sign? >> Yeah. >> First and last. >> Um, half and Tory. I was kind of walking. >> We going to charge him? We We charging this girl with something tampering. >> She had the gun, right? >> Or do we know? >> Where was she at in the car? >> I don't know. I rolled up when she was refusing to get out of the car. Yeah, she was >> she's the owner car though. >> She was combative and very non-compliant the entire time. >> This guy is at all. >> I found a bill with a possible name on it. >> Okay. >> Is that exactly? I'm like >> the grades. The primary officer receives a C minus. The stop and exit orders were lawful. The takedown of a passively resisting subject with multiple officers on scene was not the most defensible choice available and it is the element most likely to generate civil liability. The interrogating officer receives a B minus. The Miranda delivery was complete and correct, but the pre-warning custodial questioning about tampering and federal charges creates a real suppression risk that could undermine any prosecution built on those statements. The first subject receives a C+. She invoked counsel early and was correct to assert rights. Physical non-compliance with a lawful exit order, however, gave the encounter the room it needed to escalate and placed her at risk of injury that legal vindication cannot undo. The sessant subject receives a B. She complied with physical orders, made no inculpatory statements under sustained interrogation, and exercised her right to record. Explicitly invoking the fifth amendment on the record would have created a cleaner legal foundation, but her overall conduct was sound. The lesson here runs in two directions. For officers, passive resistance is not active resistance. Numbers on scene should reduce the force required, not justify escalating it. Primaranda custodial pressure, however well-intentioned, is a suppression risk that weakens the prosecution it is meant to support. For citizens, the constitution protects you most effectively in a courtroom, not on the pavement. Invoke silence clearly. Invoke counsel clearly, comply, physically, with lawful orders. Every statement made under pressure before an attorney is present is a statement that can be used against you or one that costs the prosecution time and resources to keep in. If there is a body cam video, police encounter, or legal question you would like analyzed, let us know in the comments below. Thank you for watching.