Hey, stop. >> JANAYA, LET ME GET MY [ __ ] I'M [ __ ] PISSED. >> NO. NO, STOP. STOP. We're going to Stop. >> Please. >> you're being detained. You're being detained. >> please, no. >> Stop. Stop. >> What is y'all arresting her for, bro? >> We're detaining her right now. We are detaining her. Ma'am, stay over there for me. >> Let me go. LET ME GO. >> JANAYA, you don't want TO GET ARRESTED. >> GETTING ARRESTED. LET ME GO. >> RIGHT NOW, YOU'RE just being detained. >> Bradley, Illinois, March 10th, 2024. A young driver is stopped for speeding. Minutes later, her car is being towed and she is headed to county jail. Every step raises a legal question. >> K, copy 6. >> Hello, Officer Bradley Police Department. Reason for me to stop you is your speed. >> Yeah, I know. >> I had you going 42 in a 20. Do you have your driver's license, proof of insurance on you? >> Yeah. >> Is it Janaya? >> Janaya. >> Janaya, were you aware that your license was suspended? >> Who? >> Yours. >> No, it is not suspended. >> Your license is not suspended? >> They can't be suspended. >> K, copy 6. Can you confirm Janaya's license is suspended, correct? >> Cuz I know I go to court April 1st, but that's for insurance, but I got insurance now. I had to go to the DMV. >> Believe it might be for mandatory insurance. Copy 6. Did you miss a payment ever? >> Oh, I had my license my insurance had collapsed, and then I had >> 10-4. >> I'm sorry. >> Is her suspension due to insurance purposes? >> I know my insurance collapsed. >> Yeah, so it's for mandatory insurance So, I believe you got a ticket for insurance at one time. Okay? >> No, no, that's I know they all they did was when I got pulled over by Skyler, he was like, "You don't have insurance." But, I showed him a card and he was like, "Well, it's not the plates is and then I had got new plates. >> Mhm. >> So, now I don't know why my license >> Yeah, well, currently your license is suspended and unfortunately we would have to tow the vehicle, okay? Give me the car for a ride. >> Isn't there somewhere I can get my car? >> No, due to our department policy we have to tow the vehicle if someone's license is suspended. We have to. We don't have a choice there. >> They have to I didn't even know my license was suspended now they got to tow the vehicle. >> So, there's no way you can get your car. >> Is there a way you can take it tow it to my house? >> No, it has to get towed. >> I have a question. Can I drive it if I have a valid driver's license? >> No. >> No, the vehicle has to be towed. >> Due to our department policy, we have to tow the vehicle. That's we have no say in that. If it was up to me, I would say yes, but it's it's department policy. >> We have no discretion. >> So, when can she get her vehicle back? >> She can get it back today if she wants to. >> How much? >> For how much? >> Uh you have to pay the admin tow to Bradley, which is $500 and you have to go to Men's. You have to pay a fee to them as well. >> Mom, Mom, when did my license get suspended? That's what I'm saying. The man pulled me over and he was like, "My license is suspended." >> And in this situation, our records say that your license is suspended and we're not just going to sit here and say >> Well, we're just going >> You have You have the right to appeal it. You can go into the station and fill out an appeal form. Ma'am. >> I don't even want to get talk to him cuz he getting smart. He talking about he finna tow the vehicle. >> It's I'm not being smart with you. I'm telling you what has to happen. >> Okay, hurry up. Mom I'm to take you to TC. Bye KCTC. >> Is she going to come pick you up? >> Why you got to tow a vehicle if I like it? >> It's our It's our department policy. >> Mama, just hush. I'm This day can I get no like it >> All right. So, can you just step outside so I can explain the paperwork to you and everything? I'm just going to have you step in front of my car, okay? And you do have the right you can fill out an appeal form. >> But it don't make sense. When I got pulled over the other day he did not say that. He said, "Your insurance." I showed him the insurance everything was cool. He did not tell me my license was suspended. How do my license suspended? >> Okay. >> This [ __ ] don't make sense. >> to explain this to you really quick, okay? All I need is just your signature here. This says that we took control of the vehicle and that Menz will have the vehicle. Okay? >> What is he doing? >> He has to search the vehicle. That's part of >> Oh, is weed in here? >> Is weed in here? >> Yes. >> How is it a lot? >> It's a little ass. >> It's in the back? >> Yes. >> Okay, that's fine. I'm not >> What the [ __ ] is it? Shaniah. >> Hey, hey, hey. >> What the [ __ ] is going on? >> Just stay right here. >> But how the [ __ ] can I TALK? >> CHILL, SHANIAH. >> YEAH, I just need your signature here. >> Till my mom get here. >> Till your mom gets here? >> Yep. >> Okay, that's okay. Hey 52. She said she wanted to wait till mom gets here to sign this. Okay. Yeah, how far out is mom? >> Not far. She live on the street. I can wait. Y'all pull me over to wait. >> So, all this is is just saying Do you want me to just explain this to you really quick? >> I understand that it's not an admission >> Yeah, it's not an admission of guilt. >> away from my mother though. But I'm running away from my mother to get here. >> If I'm telling you it's >> Okay, BUT I'M TELLING YOU >> SHANIAH. >> COME ON, MAN. >> SHANIAH, please >> That's him. He said he's talking to me. Stop talking to me. Stop talking to me. >> Shaniah, man, you can go to jail. jail. Stop talking to me. Come on bro. You tweaking man. Damn. >> This isn't an admission of guilt or anything at all. This is just saying that we took control of the vehicle. >> Let me read it. >> That's what I wanted you to do in the first place. >> Okay. I'm going to read it on my own. >> Those are all carbon copies. It's all the same sheet. >> All right. I'll watch her get in. Sit down. >> Okay. Hey, just hang out back here with me, please. HEY, STOP. HEY. NO. NO, STOP. STOP. STOP. You're being Stop. Stop. We're detaining her right now. We are detaining her. Stay over there, please. STOP. YOU DON'T WANT OBSTRUCTING OKAY. HERE. RIGHT NOW YOU'RE JUST BEING DETAINED. We're going to let you get your stuff. He has to search the vehicle first. I have to do an inventory. Vehicle we are searching the vehicle. Stop. >> [screaming] >> Stay right here. STAY RIGHT HERE. FROM 11, WHAT'S THE ISSUE? >> OKAY, SO I got pulled over >> Put her in the car. We'll talk to her in the car. >> I don't want to get in the car. >> It's not an option. Get in the car, please. Did she get searched yet? >> No. >> Then search her. >> Oh, what? Only a woman got to search me. You can't search me. >> Okay, listen to me. We don't have a female officer here, so you're going to get searched. You need to relax. >> Show my mama this [ __ ] >> You need to relax. >> I'll smack you with the back of my hand, okay? >> I don't have >> Everyone that gets in our cars gets searched, okay? Calm it down. >> Do you have anything else on you at all? Nothing? >> Nope. >> Go ahead and sit down. >> I'll talk to you in just 1 second, okay? >> All right. >> Get in the car, please. >> Come get a car. >> God damn hands stuck. >> You want some help? >> No. >> Let's see if I can help. >> My um plates, they said my plates are 6 5. I just went to the DMV like a couple weeks ago, got new plates, got a new everything. Now they're saying my license is what it is, but nobody's never said that. >> Well, I just looked at your license and you are suspended, okay? It looks like you got a ticket for no insurance, and it looks like you got too many speeding tickets or something and and you're under 21. You can only get two tickets in a 24-month period, and then you were suspended. So, that's what's going on. You went suspended on February 26th. Okay? So, here's the deal right now, okay? Um this officer over here, I just asked him what we're going to do, and cuz right now it sounds like you were obstructing our police officers by walking up to the car and everything, okay? That's an arrestable charge, and so is driving suspended. But he said he doesn't think it's necessary to take you to the jail. So, if you want to calm down, sounds like you're going to get some citations and be on your way. If you go to jail, Yeah, well, we have to tow the car. That's We don't have a choice with that. That's the law of Georgia. No, we don't, man. We're not Kankakee, man. We're Bradley. Bradley's different. >> Yeah, I know. Can I get out of this car? >> In a second. Like I was just explaining to you, right now you committed two arrestable charges. >> I ain't do nothing. Driving with a suspended license, they didn't even know that [ __ ] >> Okay, and then you obstructed us, too. Did you Did you get told to stop? >> No. >> till I was all more halfway to the car. >> Okay. She needs to go to county. >> Um okay. >> What? Yeah. >> Craig's found a kill bottle. >> 25. >> She's right here. >> Go ahead. 4 boys are 6 2 H clear. >> Okay. >> Why isn't he in jail? >> Cuz she's driving on a suspended license, ma'am. >> know her license was suspended. >> Okay, that That's not a defense, ma'am. It's being to her car. She's driving a suspended license. Car's being towed. Okay? >> My car have insurance and everything. >> Okay, in in Bradley, we have an ordinance that if you're driving suspended, the vehicle gets impounded. Okay? >> OKAY, WELL WHAT I WELL, WHAT >> And she's going to jail today, too. >> WHY SHE'S GOING TO JAIL? >> Cuz she obstructed our police officer. She wasn't listening. She's going to jail. She had her chance. If she wanted to keep resisting, she's going to jail. >> What did she have, sir? >> She's in the back of that car and she's And you can stay right here. >> I just need to talk to her. I'm not >> to her in a minute, okay? You can stand right over there where I have to be in the middle of the road. >> You [ __ ] kidding me, man. Who the [ __ ] had that [ __ ] in her car, god damn it? >> I didn't have it in my >> Who the [ __ ] had that [ __ ] in her car, god damn it? Who had that [ __ ] in her car? >> Melanie didn't have it. >> I didn't even go in her car. I was in my mom's >> Why the [ __ ] they get in my >> She's got a She's got a stun gun in the car, as well. She does not have a FOID card. That's another charge. >> She got that from a beauty supply shop, sir. >> A stun gun? You have to >> don't need you to talk. Let him talk to you. >> to have a FOID card to have a stun gun in the state of Illinois. >> So, why would they sell it there in the beauty supply? I don't understand that. >> Here's the thing. Here's the thing. Anybody will sell you anything if you're going to give them money for it. It is up to you to know the laws and be responsible to understand them. >> The stop was lawful under Wren versus United States, decided in 1996, observed speeding gives officers probable cause. 42 mph in a 20 zone easily qualifies. Driving on a suspended license is a class A misdemeanor under section 6-303 of the Illinois Vehicle Code. The text requires no proof the driver knew, so not knowing is not a defense. The tow followed a city ordinance. Section 11-208.7 of the vehicle code lets municipalities set impound procedures and fees with a hearing to contest them. That explains the officer's claim of no discretion. Impoundment triggered an inventory search. Under South Dakota versus Opperman decided in 1976, police may inventory a lawfully impounded vehicle without a warrant under standardized policy. What turns up is generally admissible. The stun gun creates a separate charge. Section 2 of the Firearm Owners Identification Card Act requires a valid FOID card to possess one. Where it was bought is irrelevant. The duty rests on the possessor. The obstruction charge is the weakest element. Under Section 31-1 of the criminal code, obstruction requires conduct that impedes an authorized act. People versus Rabby decided in 1968 held that mere argument does not qualify. Walking toward an active search after an order to stay back is a closer question. Under People versus Baskerville decided in 2012, conduct must create a real obstacle. Profanity and hesitating to sign paperwork do not. The supervisor's explanation later centered on attitude. She took no responsibility and insisted she did nothing wrong. Under City of Houston versus Hill decided in 1987, verbal challenges to police are protected speech. That flaw may not void the arrest. Under Devon Peck versus Alford decided in 2004, probable cause for any offense supports an arrest. Driving on a suspended license supplied it. Probable cause also limits civil exposure. Under Nieves versus Bartlett decided in 2019, it generally defeats a First Amendment retaliatory arrest claim. The supervisor's stated reason will still draw scrutiny. >> Who takes Why y'all taking it to? >> That's towing. >> No towing. >> Ma'am, >> Ma'am, it's towing. What else location? >> Uh Commerce Drive in Burbank. >> We'll give you an address for >> Why you did this [ __ ] out, man? This is about a >> So, here's the thing. I tried talking to your daughter. >> 52 just terminated the call. >> trying to give her a chance to to not go to jail today. She don't want to hear it. She wants to say she didn't do nothing wrong. She's got an No. No, here's the thing. She's an adult. She knows better. When the police tell you to stop, you stop. We're not playing this game. And I tried to talk her out of it. She wanted to keep it up, so now she's going to go to jail. Hopefully next time she learns. We're not going to play this game of we're going to sit out here and scream and get half the freaking county over here acting a fool. No. We don't act We are not going to act We are not going to act a fool and have no repercussions for it. Yes, ma'am. Everyone's is. We have everyone's cameras are on. That's what the red dots are. Everyone's cameras are on. If she was told to stay back and wasn't, then yes, she will GO TO JAIL. WE HAVE DASH CAMS, BODY CAMS. We can play it for everybody. We can play it for everybody. We are not going to do this. Okay. Okay. She's going to be Yeah. And And here's the thing. So, this officer that his partner that he's talking about, she's in the back of the car. She has to talk to me. I said, "I'll talk to you." And I asked my officer, I said, "Does she need to go to jail for obstructing?" He says, "I don't think that's necessary." So, I tried talking to her. She says, "I I didn't do anything wrong." And she starts being a Here's the thing. If If If you don't think you did anything wrong, then us giving you a warning is not going to solve the problem. Well, hopefully >> next time she knows better. Cuz we are not going to tolerate this. >> I just went to the DMV with her. They said what is wrong with her license. >> I tried explaining it to her, too. She's under 21. It looks like she got too many tickets in a span of 24 month period. When you're under 21, you only get like two tickets in a two-year period and they suspend you. And then her li- uh she got a ticket for no insurance or something. Looks like she's suspended for that as well. Tried to explain everything to her calmly as I could. She's like She's being She's telling She's calling uh my officer names over here. She's saying she didn't do anything wrong. >> Well, she going to court cuz it was uh insurance >> the point But the point is The point is if we would have handled this more civilly, she'd be going in your car right now going home. >> How was that [ __ ] in her car? I know ABOUT THE TASER. THAT TASER WAS FOR protection cuz she work at night. >> Well, move the >> She don't drink. She don't smoke. And what's What's the [ __ ] is that in that little bag? Whatever that [ __ ] is. WHY THE [ __ ] MAN? LOOK, ALL YOU [ __ ] GOING DOWN who had [ __ ] in her car. Man, this [ __ ] not going to GO ON HER BACK. WHAT THE THIS [ __ ] WILL LEAD TO HER AND DON'T NOBODY [ __ ] know. >> frustration in these arguments amongst each other. It's only going to escalate and >> Officer, before you have her address, name, and date of >> Can I please speak to her about a warrant? >> In a minute, okay? Were you two in the car with her? >> No. >> I was in the car with her. >> Yeah. >> I was. >> You were? You just showed up? You just showed up? Okay. Okay. >> And I stand right here the whole time. >> My daughter don't do no drugs. She go to school. She go to work. Why don't you just shut up? I TOLD YOU I KNOW THE SYSTEM. >> HE WAS BEING ROUGH WITH ME. I MEAN EXTRA FOR NO REASON. >> NOW, YOU JUST STAND. PERIOD. WHEN YOU SHUT UP, you would have been easier. >> I WAS. >> NOW, I GOT TO GET YOU OUT. I GOT TO GET THE CAR OUT OF POUND. THIS [ __ ] CRAZY. You got to fight. >> No, he didn't. No, they No, they lied. I swear to God. HE PULLED ME OVER, RIGHT? OKAY. ALL RIGHT, COOL. NOW, Y'ALL I NOW, Y'ALL GET OUT THE NO, ANOTHER CAR CAME. NOW THAT I WAS WALKING, SHE SAID, "NIA, MY PHONE IN THE CAR." I SAID, "LET ME GET OUT THE I'll get out the car." And uh WHERE HE AT? THAT ONE UP THERE? HE GOT HE GOT THE PHONE. HE GOT THE PHONE. HE GOT THE PHONE. HE GOT BACK IN THE CAR. HE GOT BACK IN THE CAR. HE SAID, "I WAS JUST GETTING HER PHONE." SO, I get back IN THE CAR, RIGHT? >> GET OUT THE CAR. You never move when they pull you over. You sit still till they give YOU THE RIGHT TO GET OUT THE CAR. >> THEN HE WAS UP HERE being rough with me. And then down WHEN I REACHED DOWN THERE TO HIM, HE WANTED to make it a problem. LIKE I WAS UP HERE TALKING TO HIM. I'M UP HERE WALKING UP. HE'S TALKING ABOUT I'M TRYING TO ATTACK HIM OR SOMETHING. I WASN'T EVEN BOTHERING HIM. >> 52-344 >> I told you I WAS ON THE PHONE WITH YOU. I SAID, "DON'T DO NOTHING." MAMA, they could get you for obstructing a >> I was grabbing my wallet and coming back towards my car. >> And then they got this [ __ ] WITH THE CAR. >> THAT'S WHAT I'M SAYING. NOW WHEN I GET OUT When I get out this IT'S UP WITH THE JAIL. Oh my god. >> What What Wait, cuz she get bailed out today. >> She cannot cuz there's no cash bail in Illinois anymore. She'll have to see a judge tomorrow. >> Oh my [screaming] god. What the hell? >> I tried talking to you, young lady, and you wouldn't tell me you didn't do nothing wrong. >> Shut the [ __ ] up. >> tell me you did nothing wrong. You took no responsibility for your actions at all. >> And they said they could get >> He sat right there and told me he didn't think it was necessary. I tried talking to you and you said you did nothing wrong. I find that hard to believe. >> Because I got I KNOW I WAS DRIVING ON THE STREET. >> OKAY, LISTEN to me. Listen to me. There were two officers here and you're in the background. They're calling for more units. I got eight squad cars coming over here cuz of the way you're acting. >> Gee, I was not Watch his body cam. >> I heard you screaming on the radio when I was coming over here. >> I was not screaming. I was moving. >> Okay. >> Nia >> This is This is This is There's no bond, ma'am. >> I'm talking about tomorrow when >> There will be There will be no bond. The judge will let her out tomorrow. >> Okay. >> Miranda remains unresolved. Under Miranda versus Arizona, decided in 1966, custodial interrogation requires warnings. In the patrol car, the supervisor asked whether she was told to stop. No warnings are heard in this footage. Under Berkemer versus McCarty, decided in 1984, ordinary traffic stops are not custodial, but restraint equivalent to formal arrest is. If she was in custody, the remedy is suppressing her statement, not dismissing the charges. The pre-transport search raises another question. A frisk under Terry versus Ohio, decided in 1968, requires reasonable suspicion that the person is armed. A blanket squad car search policy depends on whether an arrest has occurred. The family was told there is no bail. That is accurate. The Pretrial Fairness Act ended cash bail in Illinois on September 18th, 2023. A judge now decides release. The lead officer receives a B. The stop suspension check and impound followed law and policy, and his explanation stayed patient. The main deduction is the unresolved pre-transport search practice. The supervisor receives a C+. He offered a citation instead of jail and noted the cameras were recording, but he reversed course after she argued an attitude, not conduct, became the stated basis for arrest. Shinae receives a C+. She was cooperative early, and the suspension appeared to surprise her. But she declined to de-escalate after a citation was offered and the cannabis and stun gun added charges. The bystander receives a C. Approaching an active police search without permission is the conduct obstruction statutes address. Officers chose not to arrest her, which suggests they saw it as borderline. Lessons learned. First, drivers should check license status on the state portal before driving. Notices get missed, and not knowing is not a defense. A 2-minute check costs far less than an impound. Second, arguing policy at the roadside does not change it. Appeals in court are where challenges belong. Signing a tow form or accepting a citation is not an admission of guilt. Third, in Illinois gun requires a FOID card wherever it was bought. Fourth, bystanders who approach an active police scene create legal exposure for themselves. Staying back is the safer course. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below.