Highlands County Florida, apartment complex parking lot in Illinois. Two officers, two calls one July morning. What started as a red light ended in handcuffs twice. >> What's going on, sir? Sergeant Garza, Highlands County Sheriff's Office. You got your driver's license? I'll tell you whenever I get your license, please. I'm sorry? You better not get a ticket cuz why? Can you put your window down cuz I can't hear you? I can't hear what you're saying. What did you say? You better not get a ticket cuz why? Well, I'll explain it to you. You ran the red light back there on Main and 27. I'm not going to argue with you, sir. I'll be right back. Everything's good with your license, right? Okay. Everything's good with it, right? Is your license valid? It is? Is your license valid? If you'll be quiet long enough, I can explain to you what I'm trying to ask you. But you want to overtalk me. Okay. It was a red light. Okay. Delta 1 County 65 at 427 on All right, sir, here's your copy of your citation. Okay? For running the red light. Sir, that's for you to take up in court. You forgot your license. Step out of the vehicle. Step out of the vehicle. Step out of the vehicle or you're going to get out. I'm going to pull you out. Get out of the vehicle. Delta Get out of the vehicle now. Put your vehicle in park. Come back over here with me. Come over here with me. Turn around. Put your hands behind your Put your hands BEHIND YOUR BACK NOW. GO OVER HERE. GO. PUT YOUR HANDS BEHIND YOUR BACK. PUT YOUR HANDS BEHIND your back. Put your hands behind your back. >> For what? >> Stop. >> For what? >> You're under arrest. >> You You didn't hurt me. >> Stop. >> You really hurt me? >> Okay. >> Stop. >> Okay, babe. Roll over on your back. >> Roll over on your stomach. >> How am I going to >> on your stomach. How am I going to do that? >> Roll over on your stomach. >> How am I going to do that? >> Let go of my thumb. >> How am I going to do that? >> How am I going to do that? >> Roll over. >> How am I going to do that? >> Roll over. Roll over. >> Okay. >> Roll over. Put your hands behind your back now. Put your hands behind your back. Stay right there. Yeah, I did. >> Okay. >> Don't get up. Don't get up. >> All right. All right. >> You're good to go. Don't let it happen again. The traffic stop was not over and you're not free to leave. Do not pull away from me. >> I'm not pulling away from you. >> Keep your hands right there. >> I'm not pulling away from you. >> All right. I know we got one coming. Number two. You got to get up. You can stay there for a minute. You don't hit me, all right? >> He hit me. >> I was thrown. >> Okay. >> I was thrown. This This is the second time I get pulled over for no reason. >> Put your hands behind you. Roll over. Tuck this leg in. All right, stand up straight. All right. Move it. You all right? You injured anywhere? >> My head. >> What's up? >> My head. >> All right. You need medical assistance? >> No, I don't. >> What's up? >> No, I don't. >> You don't need anything? >> No. >> Okay. You don't need anything else or nothing? >> No. >> Okay. You understand what you're being charged with now? >> All right, yeah. >> Okay. All right. We're going to go with your resisting. >> I didn't resist. >> How did you not? >> I didn't resist. >> Listen to me. The traffic stop was not done. I did not give you your license. I did not >> know the license was on there. You gave me the paper. >> Because you're so hot-headed. You don't want to listen. You drive off from the traffic because you want to over talk everything I'm saying. And then whenever I tell you to step out of the vehicle, you don't want to step out. I had to tell you like three or four times. And then whenever I grab you, you want to pull away from me. You're just You're just making it worse for you. You ran a red light. >> It was yellow. >> It was not. I'm not going to argue with you. You have your >> When I passed, it just turned yellow. >> your day in court. Okay? How is your light yellow when mine is green as you're going through the intersection? >> It just turned. >> It did not. I'm not going to argue >> That one car stopped. Yes. >> Listen. You have your day in court. You're just so hot headed, you don't want to listen. And now look where you're at. All you had to do was stop. The traffic stop was almost done. >> I stopped. I stopped. >> No, no, no. Here, all you had to do was stop talking. The traffic stop was almost done. I was explaining the citation Did I release you from the stop yet? No, I didn't. I still had your license. I still was not done explaining the citation to you. You drove away from the traffic stop. >> Yeah, I didn't resist at all. >> Yes, you did. In the state of It doesn't matter what you think. In the state of Florida, that's what it is. >> But I didn't resist. >> And you We're done. You're going to jail now. >> You forcefully grabbed me for no reason. >> Although this man thought he was free to >> Put your hands up. Hands up. >> Put your hands up. Put your hands up. I don't want to fall. >> Put your hands up. >> You have a gun on me, man. >> She drives a silver Chevy Tahoe. I don't know if she's in the vehicle >> Hands on the car. >> 490, I got him. >> Move your feet apart. You got any gun Any gun on you or anything? >> No. >> He's patting you down to make sure, okay? I'm patting you down. I'm just patting you down to make sure. So, what happened? You all right, man? >> No, not at the moment. >> What's wrong with your arm? >> My arm hurts. >> She mad, bro. >> Oh. Oh, [ __ ] >> Yeah. >> Where she at? >> She in the household. My truck in park fell. >> She did that? >> So my [ __ ] Yeah, she told my [ __ ] cuz she mad. I was getting my clothes up cuz my I moved I moved out. >> Look, bro. What is she mad about? Just regular >> bro. >> Okay. >> Threw all my [ __ ] up. Threw all my clothes up. I put my clothes back in the trunk. >> She did that? >> Yeah, she did that, bro. That's I ain't got no gun. Nothing on me, man. >> Okay. Are you okay? Did she touch Did she touch you? She hit you? >> No, she didn't touch me. >> Okay, just the car. >> It touched my truck. >> Okay. All right. >> And I don't want to press charges on nothing. Bro, I don't want to be with her no >> Okay. >> I only want to press I don't want to be with her no more, though. >> Okay. >> Yes. >> Is she over there? She's here? >> She No, yes, she did. She jumped in the car with somebody else and drove off. >> What car was she in? >> Some blue car. I don't know what she was in. Some blue Ford. >> I saw No, I saw her. >> No, she No, she She did drove off. >> All right. >> Like 10 minutes ago. She told my [ __ ] up and >> You don't want to wrestle for that? >> No, man. I got my car fixed, man. That's That's my kid mom. It's cool, man. >> Come on, let's go. Come on, let's go look. Yeah. Now you are you sure No, that that's your plate, too? >> Yeah, she She totaled this. >> Whose car What is that? >> That's her car. >> That's her car? >> Yeah, I think she was slamming into your >> Yes. What? >> She crazy, bro. >> She slammed it into your car? >> Slapped She my [ __ ] bro. I just got out of work, bro. She told my with another [ __ ] bro. She slammed my My [ __ ] is crazy, bro. >> She said >> I swear to God, bro. I don't even want to press charges on her. I just want to be with her. >> What Huh? >> You just want her out of your life, huh? >> Bro, I just want her out of my life, man. >> Do you live here? >> I was living here. >> Are you going to be here anymore? >> No, I'm not. You see what she did to my truck? You think I'm going to be here? Hell no. >> Were you in the car when she hit you? Hit the truck or was it a car and >> Let me go get my phone. >> You weren't in the car? Or was it your car? Okay. Man, are you shot? >> No, I was parked. >> No, but >> Then the officer comes across something that immediately raises red flags. >> Did she shoot you? >> I don't know. I don't know. >> Don't touch that. Sir. Did she shoot at your car? >> No, she didn't shoot at my car. She just tore my [ __ ] up. >> Hey Mike. There's bullets here. >> I don't know where the bullets are in my truck. I don't know where the [ __ ] that came from. >> Hey. There's bullets here. >> Huh? >> Bullets. >> Did anybody do any shooting? >> No, ain't nobody No, ain't no bullets in there. I don't know where the [ __ ] that >> Are those live rounds or are those >> Yeah, those are live rounds. I don't know where the That's the kind of [ __ ] I'm talking about. She ain't shoot at my truck. She just tore my [ __ ] up. I don't know where the bullets came >> She went inside and tore your [ __ ] up? Is there one in Check if there's one in >> One, two, three >> Yeah, she is showing a vault for sure. >> Five. All right, let me see You want to sit next to me? I'm going to get a picture of this. I don't care about that. >> Ooh, right. Uh You don't even But you weren't in the car when she hit it. >> No. >> All right, she just hit the parked car. Okay. >> That window is down, too. That window rolled down. >> Did she throw baking powder? Or is that something >> Yeah, that's That's actually baby milk. >> Okay, I'm like, "God damn, I don't want to be touching that." It was like some crazy [ __ ] She did all this? >> Yeah, she did it. >> She tore up her brand new car. Huh? Found it? >> No, I didn't find that. Found that though. >> Where? Come on. >> I got no gun. Oh, what a special time of year. >> Hey. >> Yeah. >> I got it. 490-32 recovered. >> 10-4. >> Yo. >> I'm here. >> Yeah. >> 27. >> It's right there. Take a picture of it. >> 800 units are 7. >> All right. >> All right, I understand. >> Give me your fair turn. >> I will cooperate. >> Turn around. I'll see. Turn around. So, right now I'm just uh holding you. >> That's not my gun, bro. >> What are we holding you for? Um >> I understand. >> You know what? I'm going to copy. Just come with me. >> I understand. It ain't my gun, bro. I understand, bro. >> I'm just going to take it back. >> to cooperate. That's not That's not my gun, bro. >> Is it hers? >> I don't know who the owner is, bro. I know she stole my truck, bro. That's not my gun, bro. >> All right, come over here. Let's have a seat in the back. >> I understand what you're doing, bro. >> Let's have a seat. Just for argument's sake, do you have a Florida card or a CCL? >> No, I don't have no Florida I don't I don't own the gun. >> No, I'm just saying, do you? >> No, I don't have >> You don't? Okay. You take a picture of it? >> Yep. >> All right. >> Come here. >> Got a switch on it. >> Oh. >> Okay. It's a Glock 26. >> But it's loaded with a Glock 22. That's a That's a 40 caliber. >> It's the wrong mag. It's the wrong >> It's the wrong mag. >> It's the wrong ammo. >> Right mag, wrong ammo. >> Well, actually, I take that back. It looks like somebody actually loaded it with 9 mil. And it fits. But it's a 40 It's a 40 It's a 40 cal mag. The other rounds in the magazine are solid 40 over there. Let me see if that actually works. >> 45 proximity at the uh >> In Florida, a traffic stop constitutes a lawful detention under settled case law. The subject is not free to leave until the officer formally concludes the stop. Driving away before that formal conclusion is not a disagreement with the citation. Under Florida law, it constitutes a separate criminal offense. Physical resistance to a lawful command elevates the jeopardy further. Florida statute 843.02, resisting an officer without violence, first-degree misdemeanor up to 1 year stacked on top of the original traffic violation. The central legal element in case two is firearm classification. A Glock 26 with an auto conversion switch attached is no longer a standard semi-automatic handgun under state or federal law. Under Illinois criminal code 720 ILCS section 24-1, a device enabling automatic fire converts any semi-automatic handgun into a machine gun under state law. This is not a handgun possession charge. It is a class 10 felony, the most serious non-murder offense in Illinois. Mandatory minimum 6 years, maximum 30. No probation, no suspended sentence under any circumstances. Security footage recovered during a domestic investigation is admissible as evidence regardless of how the call originated. The source does not limit evidentiary value. Every denial captured on body cam becomes part of the evidentiary record. When physical evidence and security footage contradict those statements, the denial becomes the prosecution's exhibit, not the defense. >> All right, this is Officer Garcia. How you doing? You had a disturbance, one car crashed into another car on purpose, and then someone threw a gun. This has happened a few minutes ago. Do you have access to your cameras? Yeah, can you look at it? What's your name? >> My name is Waylon. >> Do you Do you don't live here, do you? >> Yes, I do live here. >> You live here, okay. Where do you >> here, though. >> But you're moving out today. >> Yeah, moving out. She got married. >> What's her >> all my [ __ ] though. >> What's her name? >> Um her name is Suzette. >> And your name is? >> Waylon. >> Raymond Suzette, but it's Waylon. >> Waylon. Waylon. >> You're Waylon. >> Raymond. Raymond. Fine. >> Waylon. >> Raymond Pots and Suzette. 490. What the time of the call? >> 5:12. 5:12. >> You can go ahead and go. >> I'm looking for the the male waving the gun around or something. Or the girl. >> Girl or the guy. >> Hey, this is actually [ __ ] She tried >> Hey! Hey! >> That's me. >> Hey! >> Why are you touching me? >> Hey! >> I'm okay. We okay. What's up? >> That's That's That's her sister, man. >> That [ __ ] was That [ __ ] was tweaking off tonight. >> She's intoxicated. >> Don't let them judge. >> She's intoxicated. >> I was going to say go down before we came out here, but >> Hey, bro, don't touch her. >> Hey, hey, probably nobody got it. >> I got some brothers. >> It don't matter. >> That's That's how That's how we got it. >> Okay, it don't It don't matter. >> I already told you. >> I apologize. >> So, get this. These are all four. >> Yeah, a white a white Maxima and a Chevy Tahoe. Yeah, that's the car she hit. And someone tossed the gun. I don't know which one tossed the gun. >> She She not getting these idiots right here, too, so she can get her [ __ ] out. >> Is mine red? Yours ain't red. I'm on. >> Yeah, but >> I don't know cuz are we going in the stealth mode? I don't I don't know. >> I don't know if I can ask that more. Is it recording? Is it recording? Look at this. They stole a chair from public works. Charging with theft of of uh public uh theft of What's that property? Is it government? >> We can take it back with us. >> You can call the chief and he'll let us know what we can do what we can or can't do. >> year old highest in the >> Hey, I'm going to ask you this one time. Was it her gun? >> year old five six two >> No. >> driving a gray >> close to the south >> Y'all pulled up a bunch of guys down on their way. I don't know who got it. It's not her gun, bro. >> Cuz she said it was Shorty's cuz one of the girls said it was Shorty's gun. >> She got a gun, but it's not That wasn't her gun. She got a She had her [ __ ] registered, bro. >> Okay. >> It's not my gun, though. >> Okay. >> The guy running that way y'all pulled up. So, it's not my gun at all, though. >> Okay. Thank you. What was your girlfriend wearing? Ex-girlfriend. >> I can't remember. >> Blue shorts? >> I I don't remember, so I can't remember, bro. >> Was she chasing you? >> No, she just took my truck, though. >> Okay. So, >> I never had no no fight at all, bro. >> I believe you cuz I'm talking with the management company, and they're looking at the video. It shows her chasing you with a gun. >> I don't know if she had a gun. I just know I ran cuz you know, she she one of them abusive type, so I ran. But I had no gun, bro. >> she was chasing you with it. I know you don't want to say. It's on video, so it's fine. >> I mean, I had no fight at all, man. >> I know. I know you don't. It's fine. So, you don't want nothing done with her? >> No, I don't want to press some charges on her, man. >> Jesus Christ. >> I just want to be I just want to leave her alone. I just want to be with her. >> Man. What the video shows >> This is the good part right here. He basically makes contact with her her vehicle. >> Who does? >> He does first. >> He hit her car? >> He doesn't slam into it, but he bumps it. And then basically backs up, goes and pulls over there. She pulls out, drives this way briefly, comes back, and [ __ ] like that, and then she [ __ ] basically runs into his car twice. Actually, she gets out first and starts damaging his car. And she she literally starts hitting and then she parks about right here at one point, and she had the doors all bent out. He did that. >> He did that? >> He yanked on the passenger one first, then she she backed up into his car. She didn't hit She didn't hit the gray car at all. >> Okay, good. >> And then he comes after she damaged the car and hits his car backing into it. Um he comes and he damages the other door. And then a short time later, now they're all around the cars when the guns start going off. >> Both got guns? >> Yeah. Cuz she she comes running up to him like this, and he's backing up like this with his. >> So, they both got guns? >> Yeah. If you On Miranda Miranda versus Arizona, it holds that warnings must be administered before any custodial interrogation begins. Officers are not required to obtain confirmation of comprehension. The legal obligation is to deliver the warning clearly. The choice to speak rests entirely with the subject. Officers case one, grade A. Clear commands at each escalation point documented the stop. The subject's own decisions built the case. Driver case one grade D. Three decisions after the citation driving away, before release, pulling from officer contact, physical resistance. Each added a separate charge. Officers case two, grade A. Bullets to weapon to security footage methodical. Miranda administered correctly on camera. Waylon Potts, grade D. Four on camera denials contradicted by physical evidence, then by security footage. Pled guilty to a class X felony, sentenced to 10 years, parole eligible in five. Two legal takeaways. First, the right to silence carries no cost. Every voluntary statement made on body cam before or after Miranda enters the evidentiary record. When that record is directly contradicted by physical evidence or security footage, the statement becomes the prosecution's case, not the defense. Second, auto conversion devices carry no legal ambiguity in Illinois. The switch itself is the offense, not use, not discharge, not intent. Possession alone qualifies as a class X felony under 720 ILCS section 24-1. Subscribe for weekly body cam analysis, the moments that do not go the direction anyone planned. Drop a comment, was 10 years the right sentence? See you in the next one. >> Got a Miranda card? Read your Miranda rights. You have the right to remain silent and anything you say can be used against you in court of law. You have the right to an attorney. If you cannot afford an attorney, one will be afforded to you at no cost. Uh if you decide to speak without a lawyer present, you can decide you can decide not you can decide to stop speak speaking at any time. Um having been uh told the rights uh told your rights, and do you have any question about your rights? >> I don't want to say anything, to you, >> You don't want to talk to me? >> I don't want to say anything to you, so yeah. >> How? >> I don't want to say anything to you, so yeah. >> All right, so you have the right to remain silent. You understand? >> I don't understand that. >> You don't Okay, you have the right not to talk to me. >> I don't understand what you're talking about. >> Your Miranda rights. >> I don't understand that. What is Miranda? >> Like uh your rights before I question you about a crime, I have to give you your Miranda rights. >> understand that one. >> Okay. I see you understand that, so I assume you don't want to talk to me. Um Officer Gilbert is going to go over the video with you, so you know what we saw. All right, well I want you to have clearance and say You know what, guys? I'm just going to tell you >> Well, I don't know >> You don't even know? >> It's something that she used me for a gun. I didn't have I don't have no gun. >> All right, sounds good. Thank you. >> Thank you. >> You're welcome. I'm on body cam. Uh sir, I wanted to ask you about your injury. Uh you have a big lump on the top of your head. I saw on the video that >> [snorts] >> your girlfriend ex-girlfriend appears to run up on you and hit you with a uh handgun. Basically pistol-whipping you in the side of the head. Is that true? >> Mhm. >> Yes? >> Yeah. >> Okay. I was making sure cuz I wanted to know how you got your injury. After looking at the video, I saw that she hit you. I was making sure she hit you with a gun, correct? >> Mhm. >> Yes? >> Yeah. >> Okay. All right, just making sure.