Listen, stay right there. Stay right there. Okay, sit. I'm cooperating. Okay, then cooperate. Sit. Sit down right here. Right there. Yeah, yeah, sit right here. Just walk over to the back of your car. Come on. Come on. Walk. Walk. >> Did I do anything wrong? >> Listen, bro. If I got to tell you again, you have a problem. Okay, just hang on right here. Do you have a license on you? >> Uh, no, I don't. >> Show me your 10-20. >> I'm 48. I'm out with the two males right in front of Costco. 10-50. >> Is there uh, is there an issue here? Like, what's going on? What's the issue? >> What happened? You can't do that here. Can't sell? >> Sell stuff? >> Yeah, yeah. Especially stuff like this. >> some of it that I got here, so >> Yeah, no, you didn't, bro. Listen, I've done this a long time. I've stopped this car >> Really? >> This car? >> Yeah, the same exact car, four times. >> black one. The black one. >> Yeah, I arrested him last week. >> Oh, in the same car? He's uh, he's actually he's been talking to us. He said he's Yeah, he's um, why why did you arrest him now? >> Cuz he had drugs on him. >> Oh. >> Well, >> Yeah, I just do this work. I don't I don't carry drugs like that. I mean, I might have a little marijuana, but but I got a license for it, so there's nothing >> matter. You can't drive and smoke when you're driving. >> Okay, you're right. Well, I'm very cooperative. Whatever you like me to do, I'll >> a middle name? >> Uh, I do not actually have a middle name, but I will call my uh boss if you want me to. Whatever information you like, I'm I'm an open book. Hey, Joe. That's what people call me. >> So, we're going to wait for my partner to get here, and then we'll go from there. >> Absolutely. >> So, what are we going to do? >> Uh, do you want me to park anywhere or just stay here? Just >> stay right here. >> That's cool. >> We're probably going to tow it. >> Tow it? >> Mhm. >> Seriously? >> to do that. It's a felony to do that. It's called organized scheme to defraud. First call. >> to tow the vehicle? >> What? >> How am I going to get home? Cuz we're from Broward. Huh? >> I know off Sunrise. >> Yeah, you know where we're at. >> Huh? >> Damn, so you really have pulled me pulled pulled my boy over. >> Huh? >> He's actually our manager. >> Huh? >> I told him clearly. >> No, I come to my job over here. No. >> Huh? I told you, boss. Yeah, honestly though, they didn't they didn't I didn't hear anything about it. But uh whatever it is, I'm cooperative, you know. Just please don't tow the vehicle, man. I got to get back to I got to get back to the warehouse. I anything you'll do, I'll cooperate, dude. >> Like you guys all talk exactly the same. >> Really? >> Yeah. >> Well, we uh >> Like that like that. Like trying to the savvy like almost salesman type of talk. >> I don't want to I don't want to come off savvy. I'm sorry. >> That's what you're trying to do. >> Well, how about this? I'll just come off as a regular civilian. Uh it's just we just we talk to people all day. So, it's like kind of like what we do. We just talk to people all day and uh give them really good deals. >> No, really good deals? Nothing will stop it, bro. I know what the I know what the scam, bro. They're they're full of concrete. What do you mean really good deals? >> He's He's a nice >> Stop. Stop. Stop. I don't want to hear that. I don't want to hear that. All right? When you start getting into oh, really good deals, you start getting into the the organized crime to the fraud part and I'm going to take you for the felony charge. >> I won't do anything. >> Okay? So, I would stop with the oh, it's a good deal cuz it's not a good deal. It's a scam. >> Yes, sir. >> All right? So, >> I just thought it was like a good idea to come up here. >> no, it's not. It's not a good idea to come up here. It's not a good idea. >> It's It's cuz we do route sales. >> Route scams. >> Huh? >> Route scams. >> Well, you know what's crazy? When I started this job, I really didn't know that it was like that until like four or five weeks later. Then found out stop, bro. >> No, I seriously I'm not lying to you. >> You thought that it was legitimately selling speakers out of a out of a >> Until somebody text me >> Until somebody text me back and told me that it was a >> Until somebody text me back and told me that >> Driving through parking lots trying to sell people speakers. Is it a legitimate business? What are you saying? >> No, I >> Nobody believes that, no one. >> Honestly, I apologize, man. >> No one believes that. Where did you go to school, bro? >> Uh I'm from North Carolina. >> Oh, okay. >> So, I went to Brevard, North Carolina Brevard High School. >> I've done a lot of stuff, man. >> Man, I'm really embarrassed. Everybody looking at me really embarrassed, bro. >> You're scamming people. So, you're embarrassed? >> Could Could I contact my boss and just tell him that I'm getting >> No. No, no, no, no. That's what we did the last time. I talked to him over the phone and I told him don't come back up to Palm Beach Gardens. Don't send your people up to Palm Beach Gardens. It's going to be the same result every single time. >> All right. >> Jail. >> Jail? >> Perfect. >> So, finally, bro. Do you not understand the first time I said it? There's a There's a statute in Florida it's called organized scheme to defraud. Right? That means when you set up a scheme to take money under fraudulent pretense. >> Mhm. >> Right? And selling speakers out of a van that are that are fake speakers that are made out of full of concrete falls right under that category of fraudulent pretense. >> Right. >> Right? >> So. >> Here, bro. >> I'm not, bro. After this, I'm never coming back here. You know? I'm never coming back here. I'll stay out of your city, I promise you. Hey, that The last guy The last he's he's in jail. How's he supposed to let us know about it? >> I talked to the boss over the phone. That's what I'm saying, the boss. >> I talked to the boss over the phone and I told him, "Every time they come up here, you going to go to jail. Every time, you going to go to jail." >> Well, I don't have drugs on me. I don't have drugs on me. I don't have drugs on me. >> You got no drugs in there? >> Hell no, I don't. >> You got no other drugs in there besides that weed? >> Bro, I don't do drugs like that. Look, don't I look like a stoner? >> I don't mean nothing, bro. >> Bro, I don't do drugs like that. Everybody knows I don't do that. >> Bro, you don't do Molly, do you? Do you do pills, bro? >> I don't do drugs like that, officer. >> On December 29th, 2022, Palm Beach Gardens police stopped a van operating a parking lot speaker scam for the fourth time in their jurisdiction. The driver was on felony probation. Roughly $2,000 in cash was seized. Four distinct legal questions follow. Start with the Fourth Amendment. An investigative detention requires specific articulable facts suggesting criminal activity. That is the standard from Terry versus Ohio, 1968. A dispatch complaint combined with an officer's documented prior contacts with the same vehicle satisfies that standard. The stop is lawful. The Fifth Amendment raises a separate question. Miranda versus Arizona, 1966 requires warnings only before custodial interrogation. Under Berkemer versus McCarty, 1984, a roadside stop is not custody. It is brief, public, and far less coercive than a station house interrogation. Pre-arrest questions therefore required no advisement. That changes the moment an arrest is declared. After that point, any questioning reasonably likely to elicit an incriminating response, the test from Rhode Island versus Innis, 1980, must be preceded by Miranda warnings, or those statements risk suppression. No formal post-arrest interrogation appears on camera. The driver volunteered admissions throughout, including marijuana possession, knowledge of the fraud, and the cash amount. Spontaneous statements made without interrogation are not subject to Miranda suppression and remain admissible. The charged conduct falls under Florida statute section 817.034, the Florida Communications Fraud Act. Organized fraud requires a systematic ongoing course of conduct to obtain property through false pretenses and property actually obtained. Selling concrete-filled boxes misrepresented as high-end audio equipment satisfies both elements directly. The offense grades by value. Below $20,000, a third-degree felony. At 20,000, a second-degree felony. At 50,000 or more, a first-degree felony. The route-based multi-city pattern of this operation is precisely what converts an isolated fraudulent sale into a statutory scheme under Florida law. >> I got with this nice officer here. >> How you doing today, sir? >> Doing all right. >> [sighs] >> I got you coming with the same vehicle. Same situation. Every time. >> That was our That was our This is our manager's car. He just puts it back on the road, the boss. >> Why I'm from the gardens. >> I don't know. It was just the It was just the route that I picked on the board. It was just random. >> Tell him to erase it off the board. He should already know because >> After this dude, I'm not coming back here. Like at all. At all. >> Cuz now like we're looking for the vehicle. >> No, it's >> It's being called. People are calling it in. >> Of course. >> And it's the same vehicle. >> Calling it in. It's >> Yeah. >> Yeah. Yeah, it was called in. >> Fair enough. >> It was called in and we were like, wait, it's the same >> I bet you guys are >> I'm just glad it wasn't the same dude. But >> Yeah, I I don't The last dude that was here uh that you guys pulled over, he's They said he had drugs on him. >> Mhm. >> And that's why he was arrested. >> Mhm. >> So now he's saying that he could just arrest him for just being here. >> This is How many times have we been out here for this same vehicle? >> me, not for >> All right, >> understand that. >> new guy. I don't know anything. >> I don't I don't I don't know why they wouldn't tell y'all. >> Listen. >> And this is the third time cuz this is now the third time that I've been I don't know if you guys have been pulled over outside of that. What's up? >> My mouth is very, very dry. Is there any way you can hand me that water right there? >> It's in a It's where >> It's really in a couple. That's the first one. Can I just grab it real quick? Huh? Got probation? Driving? You got a driver's license? >> I'm a BOP. >> BOP? >> BOP. >> What? >> Violation, you said? >> Probation. >> Because of what? >> Having no license. >> That's a violation. >> Well, wasn't he driving? >> Oh, you driving? Is that >> I was. >> Violation of probation. >> So, that means that I got to go sit in jail now? >> What? >> Wait, what do I do then? It's my first day. >> This happened the last time. Dude's first day and y'all showing him the wrong way. >> [laughter] >> You just have to find a ride. >> in Hialeah, man. >> You live in Hialeah? >> Yeah. Y'all can't take me? >> Absolutely, we definitely not doing that. >> How about >> We're too far away from Yeah, we we we're way too far away from there. >> Please. Hopefully I'll get bonded out. Wait, if it's BOP, I probably can't get bonded out, right? >> She needs to mention make that charge. Come on. I won't put you in here. >> Huh? >> Do you have anything on you? >> No, I have nothing on me. >> No money, no nothing? >> No, I have no wallet or no license. 20 bucks. >> You got >> I'll be good. Yeah, literally for my first time. Sorry, this is all Let's turn off. You got nothing else on you? Anything else I'm missing? >> I mean, it's all my money, but there has to be a report filled by that, at least, right? >> I went to jail. Of course there's a report. >> I know, but about the amount of money, though. >> Yeah, part of my report. >> So, you're going to count it, though? Like >> Yeah. >> Yeah, we have to count it in order to even do it. >> Stop with your guessing of this whole lie you got. >> How much was it? >> Not even close to that. >> How much was it? >> I'm not going to tell you, but it isn't even close to that. >> Let me get the key. I don't want the car for a second. >> I don't know if I'm talking about this, but all my money, bro. That's my bond money. That was literally my bond money. >> But why why why why are they taking it? >> Cuz apparently this is a crime, like I do. I have a fine. >> Okay, I'll be back now. >> Yeah, you can go now. Let's go, buddy. Uh is my stuff getting towed, right? >> Yep. >> Can I at least get my belongings with me? >> your phone, too. Go ahead. >> That's one. So, there's your two phones, so I have two phones. >> Did you double lock it? >> Try this. It's going to get tighter. >> Very, very tight. It's like five minutes. >> The other one is good, cuz your cuz your watch. Cuz other than that, that one is fine. This one is a little tight. >> Have a seat for a while. >> Can I sit down here? >> Yeah, just in case you want to sit. Uh I'll fix it in a second. I got a boss. I don't know, bro. I don't even know where I'm supposed to ride this way, though. The what? It's a question you don't know. >> A custodial arrest demands more probable cause, a fair probability that a crime occurred and that this person committed it as established in Illinois versus Gates, 1983. The violation of probation arrest here is independently grounded in Florida statute section 322.34. Knowingly driving on a suspended license while serving felony probation is a criminal offense, not a civil infraction, and knowledge is the decisive element. The arrest stands entirely apart from the fraud investigation. Cash seizure invokes the Florida Contraband Forfeiture Act sections 932.701 through 932.706. The 2016 legislative reforms are critical. The final burden to retain seized property is proof beyond a reasonable doubt, the same standard required to convict at trial. The seizing agency must file within 45 days, pay a filing fee, and post bond. Officer compensation cannot be tied to seizure quotas. Seizing money at the scene settles nothing. Whether the state keeps it is decided later by a court. >> Take the car? >> No, no, like can you get the number the boss's number from his phone so I can call him give me a Uber or something? >> I'm going to let you drive this car. How's that sound? >> mean, isn't it illegal? >> You have a license? >> I have a license, but I'm saying like isn't this car like I'm not going to drive it. I'm going to go I'm going back to the place, bro. >> You're straight up >> I'm going to go back to the place. You're straight up No, but you can leave me this is my first day, right? >> I believe you. I believe you cuz the last couple times there's always that one guy who's brand new. That's how they do. They got one guy who's experienced and the other guy trains the other guy. But don't do this type of [ __ ] cuz you're going to get so caught up. >> they called me yesterday randomly, man. >> ain't worth it, bro. >> I was in the apartment and >> But you should you know better than that, dog. You know better than that, bro. >> I'm going to be real honest, man. I really believed it. >> Come on, man. So, these both his phones? >> That's my vape, though. >> I'm not taking your vape. I'm going to distress. This is your key. I'm going to make sure he don't got nothing else. >> Uh You know I'm not taking it back, right? I'm going to tell >> to tell him. Decided to be nice and let your buddy take uh take the car. Cuz I'm a nice guy like that. I should tow it in cuz 6,000 times I'm going to let him, buddy, drive home. He wants to uh Everything else is his name? >> Yeah, it's like my Louis my Louis Vuitton bag and like I got like a bunch of designer and I don't want I just met him today. He could take off with my [ __ ] Could I call my boss to at least tell him like meet him at the shop? >> Police. >> We'll do that. >> What do you mean you can't? >> Can I get to hit that joint a couple more times? >> No. No, bro. You're hurting yourself. >> All right. So, call the guy. The [clears throat] D's and the D's. >> You want to talk to him? >> No. No, it's in the contacts. >> Yeah, tell him. >> Diamond Diamond Diamond Dave, that's >> All right. This is him? >> Yeah. >> Diamond Dave? >> Yeah. >> Yeah. >> Your call has been forwarded >> What you say? Self fashion voice. >> Zero weight cuz I don't know him like that. Zero weight cuz I put all my stuff just so like >> Girl, I'm on the call. What's up? >> Hey, buddy. This is Officer Castanera again from Palm Beach Gardens Police Department. >> Oh, my >> Hey, how's it going again? Hey, buddy. Stop sending these guys up here. This guy's going to jail, too. >> buddy. I think he's on a jail for >> He's on probation, so I'm I'm violating his probation. >> Sir, sir, doing what? >> Driving with no license. >> Oh. >> Yeah. But it's always something. They always got drugs. They always got something. They're doing the same thing over and over again. >> Hey, Dave. I don't have drugs. >> This is the last time. Right? The next time I'm going to start seizing assets. >> Hey, Dave. They took my $2,000, bro. What do I do? >> It's going to be seized for now. >> Oh. >> Officer Castanera receives a B- minus. The detention, the arrest, and the seizure are each legally defensible. The Terry basis is well documented across multiple prior encounters. The violation of probation arrest is independently grounded in Florida statute section 322.34. No force was used at any point in the encounter. Two specific failures reduce the grade. First, framing cash seizure as a roadside penalty directly misrepresents the 2016 forfeiture reforms, which require court adjudication under a demanding evidentiary standard. Second, no Miranda advisement appears on camera following the arrest declaration creating a suppression risk for any post-arrest statements obtained through questioning. The driver receives a C. Physical compliance throughout the encounter was correct and legally appropriate. What cost him is the consistent unbroken failure to invoke the right to silence. He volunteered marijuana possession, acknowledged awareness of the fraud, and disclosed the cash amount. None of those statements were required. All of them are now admissible. Two lessons close this analysis. For anyone detained, compliance with lawful commands is mandatory. Everything else, answering questions, explaining circumstances, disclosing possessions, is a choice. The Fifth Amendment exists precisely to protect that choice. Silence is not resistance. For officers, the 2016 Florida forfeiture reforms require a court to adjudicate at proof beyond a reasonable doubt before the state retains seized property. Presenting seizure as a penalty at the roadside is legally inaccurate and reflects a training gap. This encounter makes visible. Let us know if there is an interaction or legal topic you would like us to cover in the comments below. Thank you for watching. >> Lawyer. >> No. No. >> No, it's >> So. >> That's fine. >> Yeah. So, it's fine. I told you guys to stop coming up here, but you guys keep coming up here. It makes no sense to me. >> Well, listen, I don't send them anywhere. They're independent contractors. They can't >> You know for a fact exactly where they're going, man. You should tell these people not to go up here. >> Okay. I mean, they know that Sean got arrested here recently. They know >> I don't understand then. I don't get it why they keep coming up. What do they think is going to happen? They're going to get arrested every time. It's the same thing. You know? So, at this time, I'm a nice guy and I'm letting your other guy drive the car back to the shop. Hey Dave, I got a walk >> I I I appreciate that. >> Okay. So, I'm going to save you that little bit of money there. >> I'm going to I'm going to try for for that gesture, I'm going to try and make that I'm going to put up a big sign in my warehouse. >> Uh no Palm Beach Gardens. No Palm Beach Gardens. >> No Palm Beach Gardens. >> All right. >> Keep these guys out of your hair. >> Perfect. That's what I like to hear. All right. Appreciate it. Hey, >> [laughter] >> this guy's this guy's going back to the shop. He's got a couple of this guy's stuff. >> I got I got my like I got some designer [ __ ] in there. I don't want I just met this >> Just give him my number so I can communicate with him. >> Okay, I'll get it. I'll give him the number. >> Thank you, sir. I appreciate that. I appreciate that. >> No problem. Take care. Bye-bye. >> All right. >> I'm going to go give this guy your number and then I'll let him go. You ready to write it down, Bubba? The guy's waiting for you at the shop. >> I I have the address. I have the >> You want the phone number for uh Dave? >> Yeah, I need to >> He's expecting your call.