In the state of Florida, you cannot search a vehicle with probable cause anymore. >> You have no idea what you're talking about. >> You know, I have a video and we're going to jail >> and I have it all on video. >> That's excellent. So do I. >> This is about to be a money maker for me. I got lots of petty money and I got a lot of money to play. I will sue. >> You are now under arrest. You are now under arrest for obstructing justice. >> Obstructing justice. But did I walk up and do I'm here to pick up. Doesn't matter. Any quantity of THC oil concentrates is a felony. You got 1 2 3 4 5 counts. >> On July 11th, 2024, the Santa Rosa County Sheriff's Office in Florida initiated a traffic stop after clocking an SUV at 95 in a 65 mph zone. >> Lyn San County Sheriff's Office, I want to make your acquaintance. My lieutenant here told me she stopped you for 95 and a 65. Does that sound about right? >> Yeah, but I was following the car in front of me. I don't understand. Like, >> well, then y'all were both doing 95 and a 65. >> No, speedometer work just now. It does. It said 65 speed. >> Did your speedometer work? Okay. >> Yeah, it was working. >> What did it say? What did it say you were doing? >> I was just keeping up with traffic and I didn't even >> So, when you were keeping up with traffic, what did it say you were doing speedwise? Did you look at it? >> I didn't look. I was going >> to float. I got you. Hey, do me a favor. Would you mind step out with me real quick and talk in the front of her car over here? >> What's up, Demoria? How you doing, man? >> Am I Am I going to jail or something? >> No, just come over here and talk to me. You got shoes on. Okay, you got shoes on. stand on this hot asphalt. >> Hey, listen. Is there anything in that vehicle I need to know about your marijuana? Nothing cracked the LSD. >> There's nothing in there. Why am I smelling odor of marijuana coming out of your vehicle? >> I don't know. >> Okay. Has there been marijuana in there? >> I just ridden it earlier. >> Hold up. Hold up. Hold up. Stop. Stop. >> I just ridden it earlier. >> Where's the marijuana at inside the vehicle? >> I don't know. >> I'm going to give you one opportunity to be honest with you before I take you to jail for possessing marijuana. Listen. Listen to me. >> Listen to me. I'm telling you there's marijuana inside vehicle cuz I can smell it. Okay. Do you have a medical marijuana card? >> No, it was just a pin. >> Listen to me. There we go. Now we're being honest. >> Okay. >> Okay. So, listen to me. >> Where is the pin at? >> I have it in my purse. I can grab it real quick. >> I don't want you to grab it real quick. I'm going to get it in just a second, but I'm going to search the remainder of that car. I'm not going to find anything else in there you shouldn't have on any. I'm right here. Listen to me. Am I going to find anything in there you shouldn't have? Marijuana, methamphetamine, crack cocaine, acid. >> I'm asking you to be honest with me cuz I'm going to search the car. Hold up and stop [ __ ] Don't walk into traffic. Not. I'm not. I'm not. >> Do me a favor, girl. Stand on this grass right here. >> I just got a a blunt in the car. Okay. >> Now, we got a blunt and a pin. >> That's it. That's it. That's the two things. You can check. >> Well, you told me that was it just a second ago when you said >> I know, but I didn't I'm just scared. I'm just trying to kids do something for their birthday and it was just >> How do you say your name? >> Barisha. >> Barisha, let's start over with each other, okay? Cuz you haven't been honest with me yet. All right. I don't want to take you to jail. I'm not >> I don't want you to jail. >> So, listen to me right now then. Listen to me right now. Let's start over and let's be honest with each other. Marishia, how you doing? I'm Deputy Lint Sheriff's Office. I smell marijuana coming from inside your vehicle. Do you have a medical marijuana license? >> No. No. >> Okay. So, is there marijuana inside your vehicle? >> Yes. >> Okay. Where's the marijuana at inside your vehicle? >> I got it in the thing. It's in the count the little console. That's it. >> Okay. What kind of marijuana product is it that we're talking about? >> Just a road blunt. That's it. >> Just a road blunt. >> Yes. >> What about the pen? You were just telling me about >> it before I left and I was just bringing it to where I was going and that's it. The pen. >> Okay. So, a pen and a blunt. That's it. That's it. >> I'm not going to find any raw. I'm not going to find no bugs. Find anything else there. Find no pills. You shouldn't have any. >> No. No. Swear to God. I can grab everything. >> Whose little kids are these in the back seat? >> Why aren't they buckled up? >> They or the two girls were sharing the buckle and then if we just >> Why you got two of them sharing one buckle? >> This is what they rented me. I didn't know. >> Okay. How many people you got in there total? I see you got the in front and who's in the back. >> Um the four kids in the back. We 15 minutes from my sister's house. We will stay in there. >> Okay. All right. Have you ever been troubled lawful? >> No. >> Are you on papers, probation, community control, anything like that? >> No, sir. You promis Listen to me. This is just as simple as this. If all you've got in there is a little bit of a blunt and you got a little bit of a pen and a Listen to me. Stop interrupting me. If that's all you got in there is a little bit of a pin and a little bit of a blunt. >> Not an entirely huge deal. No. >> Now, this deputy, she might write you a citation for the speed or something like that, but listen to what I'm telling you. >> Okay. Okay. >> What I'm going to do is I'm going to search that vehicle. Yes, sir. >> Okay. >> Yes, sir. I'll grab it for you. >> I need the little ones to step out and we can have them stand in the grass under do and listen. >> Come here. I didn't tell you to walk away yet. >> I'm I'm sorry. >> Listen to me. I'm not trying to throw your anxiety off. I want you to listen to me for a second. >> I'm trying to kind of put your anxiety in here. >> I know. I'm just Do the little ones have shoes they can wear because there's fire ants and not so let's put some tennis shoes or whatever we got on them. Let's have them stay in the grass, but I don't want them get eaten up by bugs. Okay. So, put the shoes on them first. Okay. You got shoes on? All right. Cool, man. Step on out for me. Demorian, come stand back here by my lieutenant for me, Demorian. >> Come stand right back here. Y'all got shoes on. All right. Put your shoes on. I don't want you get bitten up by no. >> What followed raised three distinct legal questions. The validity of a marijuana odor search, the limits of civilian interference, and how honesty shapes legal outcomes. >> Fire. Answer. Nothing. All right. I can't be there. Charles, >> what you got brass knuckles for? >> It was a present. >> It's a present. It's considered a concealed weapon. >> What? >> Yeah. Can't have brass knuckles in Florida. Hey, my go turn around for me, man. >> It's not his stuff. It's not >> I want you. You hold this. >> Mine. >> Turn around. Is the bag behind your back for me? >> The bag was mine. >> Hang tight. >> So, the more I'm putting you in handcuffs right now, bud, cuz you got a warrant out of Louisiana. >> What? What? What happened? >> Hold up. Listen to me. I'm going explain it to you. Don't pull away from me. Don't you wind up on the ground. You got a warrant out of Louisiana for a assault. Was it a salt? Was that what they said? >> Okay. A salt. We'll clear up in just a second. >> What you saying? >> Hang on one second. Back up for me. >> What did he do? >> What did he do? I can't hear you. >> He'll explain in just a minute. >> I'll explain it in just a second. He's got a warrant out of Louisiana. I believe they said a assault, but I'll double check on that. >> A assault. What's that? >> Aggravated assault. >> That's just what it sounds like. Aggravated assault. Yeah, you can kind of say it that way. Come on. I'm going to let you have a seat in the back of my car for just a second. Okay. >> Yeah. Yeah. >> We'll just get you out of the heat for just I'm not trying to embarrass you on the side of the road and have you stand here in handcuffs. Okay. >> What? So, you just detained right now. So, what happens? Listen to me. What happens is you have a warrant out of Louisiana. We send a hit to Louisiana. >> Okay? The hit comes back either confirmed or they won't want you. Okay? One of the two things, right? I'm going to say let them go. We'll get them in a later time and date or they're going to say go ahead and send them to us. Okay? >> If they say go ahead and send them to us, we'll be taken to Santa Rosa County Jail. We'll go from there, right? >> If not, I'll let you go. You can do what you want on a later date in time. >> Um, do you know Do you know what the war is for? Do you recall? >> Can Okay. Wait. All right. Can you say All right. What the? Okay. A a warrant for aggravated assault. >> Mhm. Aggravated assault on police officer. >> Hold on. Wait. What? >> I think they sent a police officer. Here, let me have you. I'm I'm Look. Give me a second, man. >> Just please try to try to just get >> Yeah, I'm going to figure it out, bud. But right now, like I said, you're being detained. You're not under arrest quite yet. You're being detained. I want you to sit down. >> Watch your head for me. Okay. >> All right. >> We'll get your information taken in a second. >> I don't know where none of that is. >> Your mom, right? >> Yeah. >> Okay. So, what she's telling me is she that he has a warrant out of Louisiana. Okay. A full extradition warrant out of Louisiana, which means >> he got a ticket or something. >> No, it means he caught a criminal charge. >> Yeah, but like how did how did he get >> Has he been in trouble with law enforcement in Louisiana? >> I don't know. He He's He don't tell you nothing. >> No, he he bounces back and forth with his friends in his >> Well, I'm here I'm here to tell you then. The Morgan got in some trouble, it sounds like, in Louisiana. He's got a warrant for his arrest for aggravated assault. I'm going to look at the exact specifics of that in just a second when I can look at the exact specifics of that. But meanwhile, we're going to deal with what we got sitting on your rooftop and then we'll come back some more information just a second. Okay, >> stand by. >> Hey, here. Why are they searching the car? >> Okay. Who are you? >> I'm here. Don't worry. >> Who are you? >> No, no, no. >> Why are they searching her? >> Okay, you're not involved in this. So, I need you to go back to your vehicle. I need you to go back to her vehicle. >> 23 last year. >> Probable cause. >> Go back to your vehicle or you can go to jail. >> It's illegal. >> Go back to your vehicle. >> No, it's not. Go back to your car. >> Go back to your car. >> Go handcuffs and go to jail. >> Betty, just know it is illegal. >> Just go back to your car. >> Remember that. >> If you come back out here, I will take you to jail. >> For what? >> Daddy should just go. Please. No. Please, please, please don't. I don't have Louis's number. >> You're good. Don't end that video. We are illegally searching your car. Last year, it was passed. Any smell of anything is not a probable cause to search a vehicle. And I got a lot of money to play. I will sue you. >> You are now under arrest. You are now under arrest for obstructing justice. >> Obstructing justice. But did I walk up and do I'm here to pick up kids. >> Doesn't matter. >> You're going to jail. Somebody else going to have to get kids. Hey, Elsie. Do you have cage? >> I need my stuff. >> You pull away from me one time. going on the ground. Do not pull away from me. >> I didn't pull away from you off. >> You're pulling away from me right now. >> I need my phone to leave my keys. >> 173. >> Make sure the video did not end. I'm recording from my home. >> I'm recording. >> I need another with a cage. I don't want to put them in the same one. >> 23. We need another unit. >> So, I'm under arrest for not even stepping 10 foot near you. >> No, you're within 10 ft. You were in her face. >> You know, I have a video. >> You were going to jail >> and I have it all on video. >> That's excellent. So do I. >> Okay. Please, can we just please? >> No. I gave her a fair warning several times. >> I've never even approached you. I was nowhere near you. >> I told you back up multiple times. >> That I was never near you. >> You're going to jail. >> Let's go. >> Illegally searching her car. You do realize that >> you need to study up on your statutes. >> Pull it up right now on your phone. >> I'm not arguing it with you right now. >> Call Call Higher up. Ask them. >> That is a higher up. She's a lieutenant. So she she would know that it's illegal. In the state of Florida, you cannot search a vehicle with probable cause anymore. >> Under Florida case law, specifically state versus bets, 815. So second, 627. The odor of marijuana alone constitutes probable cause to search a vehicle. The subject claimed Florida's 2023 legislative amendments eliminated this authority. That argument is directionally accurate but factually premature. Florida Amendment 3, legalizing recreational marijuana, was not passed until November 2024, 4 months after this stop. The search was legally sound when the subject disclosed just a pen, then a blunt. Officers found five THC vape pens. Under Florida statute section 893.136A, each pen constitutes a separate thirdderee felony maximum 5 years per count. This is the critical distinction. Florida law draws marijuana flour under 20 g is a misdemeanor. THC oil concentrate any quantity is a felony. The passenger held a confirmed outofstate warrant for aggravated assault on a law enforcement officer. Under Florida statute section 9001.15, deputies are authorized to arrest on confirmed extraditable warrants. A third individual arrived and invoked her first amendment right to record police a right affirmed by the 11th circuit in Smith versus City of [ __ ] 2000. That right is not in dispute here. The dispute is proximity and compliance. After three explicit warnings to return to her vehicle, she remained under Florida statute section 843.02. Knowingly obstructing an officer in the execution of legal process is a first-degree misdemeanor regardless of whether force is used. >> Have no idea what you're talking about. >> Hey, y'all stand back over there by that car. >> They have the kids, guys. The kids out on side of the highway. I'm here to pick up the kids. Give me your phone. >> My phone is here to record my phone. >> Give me your phone. >> You are not. You know you're not allowed to take that. You know. >> Yeah, I am. Because you're going to jail. Sorry. Hold that. Give me your keys. You are going to jail for obstructing justice multiple times. I've never even stood near. >> Ma'am, I am scared for my life and I would like to record this. >> I am scared for my life. I've never I never even got 10 foot near him. All I did was walk up and ask why are they searching? >> I'm sorry. Can you turn on the video? >> It's not your business. >> You're the kid. >> 26. Show me 10:15 on him. And I got one more detained. I'm going to get you some 14 just a second. outside the highway. >> Can I walk over to your car? Is that all right? >> I would like >> Oh, you guys want money back? Okay. >> I guess I'll put them together. I put them together. >> I don't know their relationship to each other. >> It's my sister and I'm here to pick up the kids. I have her sister. That's not um >> All right. Let's go. Let's go for a walk. >> I like my belongings. Let's go for a walk. I have to turn off my emergency lights. Can't you see? I have to turn everything off. >> Are you going to keep pushing against me and wind up on the ground? >> Listen to the deputies. >> My truck. Do you have anything on you that's going to get you in trouble when you get to jail? >> No. >> Sorry. You want to search her for me? >> Record and you're doing all of this. >> You did this. You walked up on us and refused to leave. >> [ __ ] us. I asked her a question on what was going on and you harassed me. >> Do you have anything on you that's going to poke me? >> No, ma'am. >> I cannot wait for this case. This is about to be a money maker for me. I got lots of petty money. This is insane. Arresting someone with zero zero charges, anything. >> That doesn't mean you're not committing a crime currently. >> We Oh, we have it on video. >> I know we do. >> Yeah, I know. You walked up to me. >> She good. >> And grabbed me. You have a No, it's the way. Can I please turn off the lights on my vehicle? >> Here, we'll take care of that. >> Go ahead and sit down, please. >> Watch your head when you step in. >> Hey, morning. Step back out with me. >> Can you help me? >> So, yeah. Swing your feet around. No, no, look. Look. Go around. Your feet got to come first. All right. So, here's the deal. They confirmed your warrant. >> Yep. Yep. I'm going to pull your foot right here. There you go. They confirmed your warrant. So, they are going to extradite. So, at this point, I'm going empty your pockets of whatever you got on you. Okay. >> Just chill out, man. It's all right. I don't even know how. >> All right. Look. You got four coins in your pocket right there. That's going to go with that cash cat on you. I'm going dog ear out your pockets. It's crazy. >> It is crazy, isn't it? >> Yeah. >> One more coin. That's a total of five coins along with the paper money you got in the front. Don't worry, nothing else on you. >> Nothing's going to get you in trouble when you're introduced into the jail. Anything in your shoes? >> I ain't going to make you come over here, man. There's a out here. But if you want to, I'm going to give you the opportunity to be honest. Step away from me. All right. Slip them back on if you can. Best you can. So, you're going to be placed under arrest and you're going to go to jail today for your warrant out of Louisiana. You don't have any charges with me. >> Tell me like what like what is the what is >> I'm going to explain to you in just a second as soon as I get a chance. Okay. I'm going to sit down. I'm going to look at the screen. You look like you and I are going to look at the screen together here in just a second. Okay. Watch your head when you step in. Okay. So, this is what you're losing today. Okay, >> that's fine. I was >> Listen to me. Listen to me. >> I'm sorry. >> Please don't interrupt. Remember you told me earlier you had one stick blunt. >> Yes. >> You got two. You told me earlier you had one pin, you got five. >> I didn't know that was in >> You didn't know you have five in there? >> Got the extra. >> And listen, to be honest with you, that one's in the morning's bag. He could be going to jail for it, you know. So, let me charge, sir. >> Let me explain how that works. Let me explain something to you. This right here, that little bit of dab oil in there, I don't care what they call it in Louisiana, is a felony here in the state of Florida. >> Okay. >> Demory, more than anybody should know that >> this is a felony in the state of Florida. >> Any quantity of THC oil concentrate is a felony. >> You got one, two, three, four, five. Five counts. Five counts of a third degree felony. >> Listen to me. You're looking at five counts of a third degree felony. Possession controlled substance. >> Okay. >> Possession of marijuana. That's a misdemeanor in the state of Florida. >> Okay. >> I'm not going to take you to jail for any of it cuz I'm not trying to take you to jail. >> That wasn't my intention from the very get-go. Like I told you when I first started talking you back in the car. What did I say? >> I said, "Listen," I said, "If you just got marijuana products, we're fine with it. We're not fine with it. We're going to seize them, but we're fine with you. You ain't going to go to jail, right?" Did I tell you that? >> It's a man of my word. I'm not going to take you to jail for marijuana products. Include THC. No, I could. Again, that's five counts of a third degree felony right there. Possession of controlled substance. You told me you don't have a medical marijuana card. That's where we're at. Okay. So, this is where I don't know. You're going to lose these products today. Okay. A good look at them. >> That's fine. >> That way you don't say, "Duty Lynn stole my joints from me." Okay. >> These are the items you're losing today. You're not going to get back on them for destruction. Like I told you, I'm not going to charge you with them. That's why I told you from the getgo. >> Okay. >> Now, your friend friend sister. What is she to you? >> My sister. >> She's your sister. Your sister's going to go to jail today. >> Um >> because she's obstructing justice while today. >> Whose car is that? That's my question. >> Her husband and her. >> Okay. Is there somebody around that can get that car for her? >> Louis, her husband. He's 15 minutes away. Okay. That's where we was headed. >> Do you have his phone number? >> No, I'd have to ask her. >> Okay. So, I'm going to let you call Lewis to come get the vehicle. Otherwise, I'm going have to tow it cuz I can't sit here on the side of the road. Yes, sir. >> I don't want to tow her pretty purple Cadillac over there. Yes, sir. >> All right. So, Louis needs to come get the vehicle. We'll address that in just a second. >> The deputy receives a B+. The stop search and arrests were legally grounded. His decision not to charge five felony counts despite clear authority reflects commendable prosecutorial discretion. The driver receives a C plus incremental disclosure denying then admitting progressively forced escalation. A citizen has two legally safe options. Invoke Fifth Amendment silence or disclose fully. She chose neither. The arriving sister receives a D. Recording police is protected. Refusing repeated lawful orders during an act of warrant arrest is not. The First Amendment does not grant the right to obstruct. Three lessons from this encounter. First, know the current law, not the anticipated law arguing a statute that does not yet exist, will not protect you at the scene. Second, silence is a right, not an admission. Voluntary incremental disclosure consistently produces worse outcomes than either full honesty or full silence. Third, the right to record is real, but it must be exercised from a position that does not itself constitute a crime. Proximity and compliance are not optional. 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.