Absolutely. >> in. I did not do anything right. >> Okay, then chill out and we'll figure it out in a minute. Put your feet in. >> Thank you. You are going to jail. You're under arrest. >> Oh, I'm not. Okay. Put your feet in. Hey. Come here. Get back. Come back. Yeah. Yeah. You You crashed into a bunch of cars. I did not. Yeah, you did. I did not. Here. Take these Take these from you. And? Okay, turn around. Put your hands behind your back for the moment till we figure out what's going on, okay? Okay. Turn around. Put your hands behind your back. Okay. And? You're arresting me for what? Well, For what? you crashed Turn around. Okay, you crashed Stop. Okay? For what? You crashed into a bunch of cars. >> I did not. Okay, we got a bunch of calls on you. Huh? I did not. You're not No, no, no, no. We got to call my attorney. I don't care about your attorney right now, okay? Okay, so what do I do? >> Turn Stop. No, you're going to stop. You're going to stop. Don't make me use this tool. Okay? >> not doing this tool. I know. Stop. Okay, I don't care what we're doing, okay? Now, I'm going to put you in the car. No, you're not. I have I have a right to call my attorney. No, I have my right Have a seat. I have a right to call my attorney. >> I'm not. Put your feet in or I'm going to force you to put your feet in. >> my attorney. I'll call your attorney when you put your seat in. I absolutely >> feet in. I did not do anything right. Okay, then chill out and we'll figure it out in a minute. Put your feet in. Okay. On April 22nd, 2024, Officer Evans of the Sheriff's Office arrested a woman identified as Anastasia following reports of a hit-and-run at a commercial parking lot. She was charged with DUI, leaving the scene of a crash, and resisting arrest. This is a legal analysis of that encounter. Not really. Well, because you kept trying to snatch away from me. >> I did not. You made my hands cuffs so really and tight they are bleeding. They're not bleeding. Um, they're hurting me really. They're not comfortable. They're really bad. Well, you shouldn't have tried to snatch away from me. >> I did not try to snatch away from you. Well, I mean >> those can come off. Okay. I I will shortly, okay? I will figure it out, but if you're going to keep being uncooperative with me, I'm not going to do it. >> them up. I will if you stop being uncooperative with me shortly. >> I'm not being uncooperative with you. Ma'am, you're on you're on body cam video, okay? >> Absolutely, that's fine. I'm not 20 seconds. I'm done. All right, turn that way. You're not getting out. Turn that way. Put your cuffs back in. People can see me. >> trying to see how tight they are. >> They're really tight. >> Okay, turn that way. Straighten your arms for me. >> I am straightening my arms. >> Don't Don't do that. Bring your arms back. Bring your arms back. >> really tight. They're not too tight. I haven't had a chance to look at her car. But if she's hammered, I saw her driving. She has the front damage right here. Yeah. Oh, yeah. Fantastic. Watch this. I did not I told you you hit a bunch of cars in the in the Durban Pavilion parking lot. Listen to me. You got damage all over your car. We got a This is part of the damage to my car from previous accident. Yeah, we got a bunch We got a bunch of witnesses, okay? Who was the accident with? >> A bunch. Yes. A bunch. Who? So, we're going to we're going to deal with it shortly. That's fine. That's fine. I didn't hit a single car. Well, a bunch of people said you did. >> I did >> And we got it on video. All right, show me the video. You'll You'll see it. Show me the video. You'll see it. Don't worry. Don't worry. That's fine. That's fine. Some white pants and a shirt. I tried, but you weren't cooperating with me, okay? >> They are hurting me. I was trying, but you weren't cooperating. >> I have Well, my name is Deputy Evans with the Sheriff's Office and and uh I smell a strong odor of alcohol coming from your breath. You've been drinking? Well, it since you were hit a car, it you you're involved in a hit-and-run. Okay, there's Well, they saw you. Okay. Well, here's what I'm going to do. I'm going to conduct a uh criminal investigation for DUI, okay? And since you were seen driving a vehicle, I want to make sure that you're okay. Okay. So, what we're going to So, what So, what we're going to do Yeah, yeah, yeah, yeah. So, what So, what we're going to do, we're going to take them off and then uh we're going to do some what's called field sobriety test. There's a nice white line over there. Come on out, young lady. What's your first name? Anastasia. Yes, sir. Go ahead and step [clears throat] out. I'll take them off. I'll take them off for you, okay? You okay? Okay. Well, I don't need to Well, how about we pull this up for you? We don't want you to be naked. Okay? Go ahead and turn around. We'll take them off for you. All right, when I tell you to do so, what I want you to do is put your right hand on top of your head till I tell you to take it down, all right? All right. All right. I appreciate your cooperation. Babes. Hm. I haven't been called that in many years. You're a what? A dancer. What kind of dance? Huh? Adult dancer. Okay. Nothing wrong with that. We all have to make a living, right? All right. All right. So, what I need for you to do is I need for you to come over here with me and we're going to make sure that you're okay. This line right here, what I need for you to do is put your hands Tell him I'm busy. Who that? Somebody calling you? Brent, I got it. My Okay. At this point, you are going to be placed under arrest. Yes, ma'am. I will be there. I'm always there. I'm always there. Okay. All right. I'm always always there. Okay. And I'll put these nice and loose on you so they won't hurt your wrists. All right. We're here to help you. Who wasn't being nice? My boss? My boss is a super synchronized. I don't need to know anything about your your stuff. We're working on it. You're good now. We moved you so the wind doesn't blow where things can be shown. All right. At this time, you are being placed under arrest for DUI, okay? I have to read a few things for you, but we can do that in the car. All right. Oh, easy. No, you tripped me. What the heck? Come on, you can't walk very well. That's the problem. >> No, he tripped me. He didn't trip you. Relax. I'm going You were being so nice to me, and now you're yelling at me. I'll fix your tie, okay? Go ahead and have a seat. I've got to read read you a few things, okay? So, I want you to pay attention, okay? You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. Do you understand each of these rights that I have explained to you? Yes, I do. All right. With these rights in mind, do you want to talk to me about what's going on today? I wonder why you pulled me over. Okay. Probable cause here rests on four independent pillars. Multiple civilian witnesses, visible vehicle damage, a strong odor of alcohol, and the officer's direct observation of the subject operating the vehicle. Under Illinois versus Gates, 1983, probable cause is assessed under a totality of circumstances test. No single factor is required. The combination is sufficient. The most significant legal vulnerability in this case is Miranda timing. The subject was handcuffed and in custody before any Miranda advisement was given. Under Miranda versus Arizona, 1966, custody plus interrogation triggers the requirement. Any substantive statement made at the roadside while restrained, before the in-car advisement, is potentially suppressible. When the subject invoked her right to counsel early in the encounter, the officer responded dismissively. Under Berghuis versus Tompkins, 2010, an ambiguous pre-custodial invocation does not mandate cessation, but the response creates unnecessary suppression exposure. Regarding use of force, the subject braced her body against the patrol vehicle door and sustained active resistance. Under Graham versus Connor, 1989 force is judged from the perspective of a reasonable officer on scene, not in hindsight. The response physical escort holds no intermediate weapons, falls within the soft empty hand control tier of the use of force continuum. It is proportionate to the resistance presented. Okay, well, we'll start with the well, the hit and run. Okay. Over in the Petco parking lot. You hit a car. Okay. So, you were seen by a person Mhm. hitting their car. Okay. >> Okay. You have damage consistent with the damage >> Actually, I have damage from a consistent from a previous accident two months ago that they didn't fix. From a Mercedes. I can testify to the Mercedes-Benz accident. Okay. >> It does I was Okay. a few months ago. That is not true. It is fine. I can show you the records. Okay. I can show you Okay, so I'm not doing I'm not doing the crash investigation. Officer Lawson is doing the crash investigation. And what will happen is you'll get the paperwork for that. >> Yeah, that's fine. Okay. But I'm doing the criminal investigation and that's for DUI, okay? You were seen driving a motor vehicle, Okay. okay? I smell a strong odor of an alcoholic beverage >> alcohol. Okay. emitting from your breath, okay? Okay. And that's what you assume. No, I can smell it. You can smell it. So, your smell is alcohol. >> I'm not telling you. You told me that you had some drinks at the restaurant. >> know that's not what I told you. Go ahead and slide your feet that way. Okay. So, what? Slide your feet that way. I already slid my feet that way. Yes, yes, yes. Okay. Slide your feet that way. Okay. All right, bingo. I don't want you to go through there. I want you to slide Close the door, we'll talk about it. No, cuz if you Put your feet in. Put your feet in. You are going to jail. You're under arrest. >> I'm not. Okay. Put your feet in. Okay, I'm not resisting your arrest. >> If you resist, you're going to catch another charge. So, I'm going to give you one more opportunity. Sir, you said Put your feet in the car. What you said was if I don't calm Sit up. Stop being ridiculous. Stop, okay? Relax. I'm going to sit you back up and we're going to shut the door. Okay, relax. Yeah, just sit up, please. We're going to have to uh Did you pull her over? Josh, we pulled her over. All right, I'm going to shut this door and then we're going to have to kick her feet up. Good night. I'm not resisting. It's all right. What are you talking about? What are you And we're going to have to pull her out, Tarper, it looks like. I'm not resisting. What are you talking What are you talking about? What's up, bud? Yeah. Hey, um I want to give you a couple updates on your mom. Yeah, what happened? Okay, we've got her She's going to be going to jail tonight. Why? Okay, she would hit a bunch of cars in the parking lot and she's real drunk. So, yeah, um Are you Is there anybody else that can come hang out with you or are you good by yourself? I'm good by myself. >> Okay. Sorry to give you this news. Officer Evans receives a B+. Probable cause was properly developed. De-escalation was sustained. Miranda was read verbatim and on camera. The deduction pre-Miranda roadside questioning while the subject was already restrained creates a suppression risk the prosecution must now manage. The subject receives a C. Invoking counsel, then continuing to speak substantively, waived the protection she had just claimed. Her sustained resistance to vehicle placement added a third charge that was entirely avoidable. Silence and compliance are the two most effective legal tools available to any detainee. The key lesson, Miranda is not a formality. It is an evidentiary gate. Statements made before that gate is opened can collapse a prosecution. Officers must treat cuffing as the moment custody attaches, not the moment a formal arrest is announced. For the detained, invoking rights is meaningless if not maintained. Every word spoken after invocation is a voluntary waiver courts will use against you. 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.