Hello. >> Hi. >> How are you? Officer DeLucia, Cape Coral Police Department. Reason I pulled you over is you passed us going 51 on Del Prado and then you're going about 65 on Veterans driving in and out of traffic. Do you have your license and registration on you? >> On August 18th, 2023, a Florida officer stopped a female driver for speeding and erratic lane changes. Lawful grounds under Terry v. Ohio 1968. At the window, he noted odor of alcohol, slurred speech, and difficulty locating registration. Combined with the driving pattern, this established probable cause for a DUI investigation under Florida statute paragraph 316.193. >> Yeah, I need napkins. I have some in this car. I think my registration's in here. I don't know. Hold on, let me give you my license. >> Okay. >> That. >> Thank you. Any luck on the registration? >> Yes, I have my registration. I got to find one. I'm sorry. >> It's okay. Let me see your registration. >> I don't know where the [ __ ] I put it. Honestly, it's in my a book or Oh, wait, wait, wait, wait. >> Where are you coming from tonight? >> I picked them up. >> Who's them? >> Them. >> Friends, family? >> Friends. >> Yep. >> Here you go, love. >> Thank you. >> This is 2023, right? >> I got >> What's that? >> I got a number. >> Do you have an odor? Yeah? >> Yeah. >> Okay. All right. So, go ahead and set that stuff up there cuz we don't need it right now. You've seen this? >> Yeah. >> Have you used it on a DUI investigation? >> I have not, no. >> All right. So, the way this works is So, you're going to ask her to step out of the car. She comes out. You're going to explain to her that um you're got some signs of impairment. You're going to start a DUI investigation. She asks what you're talking about. >> What about it? You could say, you know, you got uh odor of alcohol coming from you. >> Slurred speech. >> There's slurred speech, bloodshot glassy eyes. Did she have bloodshot glassy eyes? >> A little glassy. >> Okay. >> I didn't have a perfect look at her eyes, but her her speech was slurred and then I had to keep reminding her to get her registration. All right. >> And then you can just say that there's a few other items that that I'm seeing. Um you don't have to go into great detail cuz then it can become an argument. >> Yeah. >> Um but at least you have two you have two indicators, right? Um and then you can always you know, your driving is a little aggressive as well. You know, also there was a a time there that she was uh crossing the lines. Do you remember that? >> Yeah. >> And when we came up here, she hit that >> She uh moved over the line. >> Yeah. So, have that. Um so, when you get her out, you can say, "Hey, I want to start a DUI investigation. Are you willing to participate in standardized field sobriety exercises?" >> Yep. >> And then from here, you just start at the bottom. Are you sick, injured? Do you have any physical limitations? The only one that I would There are there's two. Doctor dentist. All right. And then when you say physical limitations, any problems with your hips, your knees, your ankles, your legs, anything like that? No? All right. You see Are you seeing a doctor or dentist for anything regularly? Type of stuff. Um and then right here, is it just yes or no or do I get their name? If they have info, go ahead and jot. You can write whatever you want on this. You write notes. >> Yeah. >> Eyeglasses, contacts, are you blind in either eye? And then from here we'll do this. All right. Um I'm going to have you do HGN and then I'm going to do it and check it. Okay? So, I'll explain it to you once you do that HGN and then we'll move into walk and turn, one leg stand. Satisfied twice. There's a female in the in the front as well. >> All right. >> So, and then we're going to go ahead and I'm going to put >> The most legally significant moment occurred before the subject ever stepped out. A supervising officer coached the initiating officer on which indicators to cite adjacent to the occupied suspect vehicle. If audible to the subject, this raises a 14th Amendment due process concern defense attorneys will exploit. Under Pennsylvania v. Mims, 1977, ordering the driver out required no additional justification. The officer's request was constitutionally sound. What followed, however, was not without issue. >> Hello, ma'am. Would you step out for me? >> Why? >> Ma'am, I'm asking you to, please. >> No, but I I need to know why. >> Well, I don't have to tell you why, but I'm going to. I sense some signs of impairment. >> Oh, my Just wait in the car. Just wait in the car. >> Oh, okay. All right. >> Why does he make everything complicated? >> Just relax. Step out for me. >> But why? Can I ask why? >> Yeah, we'll we'll go over it once we're out here. >> Okay. >> Could you step over here for me? So, the reason why I'm having you come out is we're seeing signs of impairment and we want to start a DUI investigation. That means you participating in standardized field sobriety evaluations. Are you willing to participate in standardized field sobriety? >> No, I'm not impaired. I'm dropping them off over here. I'm going home. I live right off of Nicholas. >> So, the So, the only way we can go forward from this is if you participate. If you don't participate, we have to make our judgment based off the observations we've seen so far. >> your judgment for you to part for you to feel that way? >> You have slurred speech and odor of alcohol. >> I don't have slurred speech. I don't have a alcohol. >> If you don't participate in standardized field sobriety evaluations, then you can't dispel our fear of your impairment. Okay? So, are you willing to participate in standardized field sobriety evaluations? >> What does that include? >> We're going to check your eyes and then we're going to have you do the walk and turn and the one-leg stand. >> Whatever. >> Okay. >> So, you're willing to participate? >> I'm not blowing, but you can do whatever the [ __ ] you want to do. Yeah. >> Just step right in front of the car over here. >> Oh, so you put you in front of the light so you can feel impaired. Fantastic. >> Well, why would the light make you feel impaired? >> Because it switches your judgment off, obviously. >> All right, so I have some questions for you, okay? Are you sick and injured at all? >> But, why did you pull me over? >> Pulled you over >> Why Why was I pulled over? >> First off, you you passed us going 51 on Del Prado. We followed you on Veterans weaving in our traffic. You're going 6 mph on >> 66 mph. >> 66 mph. >> What Do you have your proof of that? >> Yes, our observations. >> Our observations >> Observation is proof? >> Yeah. >> I don't I don't >> Do you want to participate? >> If I don't, then what? You arrest me? >> Make a judgment. >> What's your judgment? >> It's up to you whether or not you want to participate. >> I mean, I'm not drunk. >> Okay. >> I'm If I were or weren't speeding, I'm not saying either were. >> Okay. >> But I'm not impaired. >> so my question for you is would you like to participate in some field sobriety exercises to dispel my fear that you may be intoxicated? >> Am I allowed to like research first? >> Research, no. It's just yes or no. >> No. >> You don't want to? >> No. >> Okay. Put your hands behind your back. >> Okay, fine. Then yes. >> Put your hands >> Then no, then yes. Yes, yes, yes. >> No, no, we're not going back and forth with this. >> Why? >> Okay, because >> Stop. Stop. >> Oh, that's I'm I'm not resisting. >> and forth. >> Now I'm resisting. Oh, that's very forceful. Stop. Make sure YOU RECORD. MAKE SURE YOU RECORD BECAUSE THIS IS A NORMAL thing for Florida. Oh, I'm resisting. Oh, my god, I'm 100 lbs. I'm resisting. Woohoo, I'm resisting. What did I do? What did I do? What did I do? What did I do? What did I do? >> Stop resisting. >> What did I do? >> Tensing up. Stop. >> I'm tens- Okay, I'm tensing up. Okay. I got three cops on me and I'm 130 lbs, not even, and I'm tensing up. Okay. What the [ __ ] is that? >> Stop pulling. >> Really? This is like this is Okay. Okay. But I need my phone and I need my wallet. >> Okay. >> If you want to arrest me >> Here you go. >> for doing nothing. So Okay. Blow me. You want to blow You want to blow? You want to blow? Come on. Let's >> the next thing we were going to ask you to do was >> Let's do it. Let's do it. Let's do it. >> Provide a sample of your breath to determine if you're >> it right now. >> Okay, we're going to >> Right now. >> We're going to take you down to >> Let's do it. >> Get in the car right now. You open that again, you're going to jail. Do you understand me? >> You're You're grabbing me like that? >> Well, you keep tensing up. >> Oh, okay. You know what's funny is pat her down. Put her in the car. Yeah, but >> Come over here. Stop pulling. >> Hey, record this. >> Point your finger. Stop tensing up. >> just trying to What are you doing, bro? Are you trying to like assault me? Ow, she's grabbing me. >> Stop tensing UP. >> TENSING UP. SHE'S GRABBING MY What am I What's on me? Look at me. Back up. What's on me? What's on me? >> Sit down. >> I want my wallet and my keys and my phone. >> CAR. >> WHERE'S ALL MY REALLY? OKAY. OKAY. You're going to get sued. You're going to get sued. You're going to get sued. You're going to get >> The subject refused field sobriety evaluations. That refusal is legal under Pennsylvania v. Mooneys, 1990. SFSEs are non-testimonial, not protected by the Fifth Amendment, but no statute compels participation prior to arrest. Refusal simply forces the officer to act on observational alone. When the subject said no, the officer immediately ordered hands behind her back. She reversed within 2 seconds. The arrest continued. Florida law does not require an officer to rescind a lawful arrest command because the subject changes her mind, but a 2-second window leaves room for a de-escalation failure argument. The force used during handcuffing is evaluated under Graham v. Connor, 1989. The subject pulled away and tensed repeatedly against three officers. No strikes were deployed. Physical control proportionate to active resistance meets the objective reasonableness standard. Her physical resistance generated a separate criminal charge, Florida statute 843.02, resisting an officer without violence. This charge is independent of the DUI. Innocence on the DUI does not negate obstruction. She created this exposure herself. Officer Don Corey, B minus. Lawful stop, sound investigation, proportionate force. Deducted for the abrupt arrest transition and failure to control the location of the coaching session. Supervisor, C-plus, strong procedural knowledge, poor tactical judgment on where that coaching took place. Subject C, the SFS refusal was a legal right properly exercised. The physical resistance was not and it caused her a second conviction. Passengers, A-minus, immediate compliance, truthful voluntary statements, zero escalation. The clearest conduct in the entire encounter. Key takeaways, refusing field sobriety test is legal, but it removes the only objective evidence that could clear you. For law enforcement, every second of footage is discoverable. Coaching sessions belong away from the suspect vehicle or they become part of the defense's case. >> All right. >> I'll deal with that in a minute. >> That one right there? >> This one right here, sir. Thank you. >> Have them go ahead and step on out. >> All right. >> Step on out for me. Just come back here. Back of the car. Step out for me. Back of the car. >> Yes, sir. Sorry. I we trespassed at her's tonight and we were just trying to get to the next bar and that's all that was happening. And she said, "We'll take you to the next bar." And that was it. Uh that that was all that happened tonight. >> So you don't know her personally at all? >> No, sir. Yeah, we trespassed at her's tonight. We were only at Rusty's for like an hour and then we went to the back. We had one drink there and then we were on our way here. And she was like, "Would you mind dropping us off?" And then she was like, "Yeah, I can take you." And then we didn't know she was We didn't know. And yes, I know it's illegal >> Do you guys have licenses or >> cards? >> Yes. >> I have my ID. >> I have my ID, yes. I just don't know why she was mad and like I said, I don't know why she would make a big scene and like you guys were just talking and then I don't know. She said she was like, "Why this? Why that?" This and that. Follow the rules. Just do what they say, please. And I was trying to tell her, but she was like, "No." No, not really. Not at all. >> just met her tonight? >> Yeah, I mean uh she was she was already there before we were. Yeah. >> Yeah, she was already there before we were. >> Yeah. >> Did you see her drinking anything while you were at Rusty's? >> Uh this probably had like a shot of tequila and maybe >> She had a shot and then at the deck she had a shot. That's all. >> And then you came here. >> Okay. >> Yeah. I've never gotten in trouble with cops before, so this is like my first time and I'm like nervous about it, so that's why I'm all shaking and anxious. >> You guys are both good. >> Okay. >> Thank you. >> Peace. >> Thank you for your time. >> Try and be safe walking. >> Yes. Yes. And I'm I explain it like I said, I apologize for what you guys have to deal with all the time. I know it's probably rough for you guys. It is shouldn't be at all. >> All right. I don't know that I'd be willing. >> Yeah. I Hey, you guys have a good time. Thank you. Be safe. >> K12 4301 on your way to check in 10-4. >> 10-4. >> Are we leaving? >> Yeah. >> Can I please get my wallet and my phone because I don't have any like >> Yeah. >> I have a wallet on me. Do you have house keys? Do you have house keys? Where are the short keys? >> The subject was convicted of DUI and resisting without violence. 6 months probation, DUI school, 50 hours community service, 6 month license suspension. 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