Stop forcing me. Stop forcing me. >> Stop forcing me. Stop. No. Let me go. Let me go. Let me go. >> you to book in the Jane Doe. >> Okay. >> And you're going to stay in jail for 5 extra days. >> Why? NO. LET ME GO. STOP. I said no. >> Pay station 27. >> Get off of me. Why am I going to be booked today? Leave me alone. Get off of me. Get off of me. No. >> Listen, I understand you're intoxicated right now. >> Why am I intoxicated? >> Cuz they are calling you a cab. >> I'm not intoxicated. >> Officer Brown of the Cocoa Beach Police Department made the stop on May 10th, 2023. The footage raises questions of detention, arrest, and force. >> Hi. >> Hi. >> How are you? >> Good. How are you? >> This is my car. I'm just asking I asked my friend to drive me cuz I wasn't feeling well. >> Okay. I'm Officer Brown, Cocoa Beach Police Department. So, the registration is expired. >> I know. I actually didn't So, I'm from New York. I live here now, but in New York they do the registration totally different, and I thought that they do it every year, but apparently I just learned this like a few days ago. >> On your birthday. >> Yeah. Exactly. And my birthday just passed like a few days ago. So, I just figured that out. >> Okay. Um since you're actually the one driving, I need your license. >> I will be honest with you. I have nothing on me. I literally have just my cash. I just got robbed. Yeah. I have nothing at all. I have nothing at all. >> Okay. >> And I can prove it to you. >> No, you're fine. >> have like nothing. You can give me my license via the >> I don't Yeah. Um okay. What's your first name? >> My first name is Tatiana. >> Spell it for me. >> T A T I A N A. >> Okay. And then last name? >> Brown. >> Oh. Okay. And birthday? >> 1 14 1992. >> Ah, you're older though. >> What? I'm older than you? >> Yeah. By 3 years. >> [laughter] >> All right. Um >> Should I just like not be driving cuz I don't have my information or what? >> fine. As long as it's good, you're fine. Uh what state are you from? >> Florida. >> Oh, Florida. Okay. All right. All right, give me like a few minutes. Obviously, I'm not going to write you a ticket cuz it's not your car. So >> need to get I need to take the uh I mean, can she just like drive I'm just doing it for a moment until we stop? >> As long as you're fine, you can drive. I mean, people I stuff happens all the time. Where'd you get robbed at though? >> Orlando. >> All right. All right. >> Literally, I have cash on me. I'm so annoyed. It was such a My cards, my medical marijuana, ID, like everything. And so >> That sucks. All right. Well, give me like, I don't know, 5 minutes and then I'll have you on your way, okay? >> All right, thank you. >> Yep. Uh what's your middle name? What's your middle name? >> No. >> No? All right, spell your first name again just so I have it spelled right. >> K a t i a n. That's one >> Oh, two n's. That's what I missed. You said you have a Florida license? Okay, 1/14/1992? All right, I was spelling it wrong. That's why I was being dumb. All right, my bad. Give me a second, I'll be right back. >> Well, I need I'm not getting ticketed. Can we just >> Yeah, but I still have to put the information into the computer for the traffic stop. That's all. >> Am I okay to get out of the car? Can we get out of the car though? >> Huh? >> Can we get out of the car? There's something in the trunk that I >> Just Hold on a second. All right, I know. Just hold on a second. >> And she doesn't have a middle or you don't have it? >> She said she doesn't have a middle. But I also don't believe she's telling the truth either. >> Yeah, because I'm showing so far um something There's a similar that comes up that's uh wanted no hits out of both files. No matching name and date of birth with a middle initial of L, but her birthday is actually 114 of 93 in the >> Okay. Okay. So, be honest. Cuz I'm trying to be nice here. Do you have a Do you actually have a license? >> Okay, I will be honest. I just got nervous and I lied. >> Obviously. >> I have a license. >> Huh? >> I have a license. >> Okay. >> And it's real. Yes. I'm fine. I just got nervous cuz we stopped with no lights and I didn't know what to do in this situation. >> Wait, what? >> Yeah, the cop looks like I just got nervous. >> That has nothing to do with you, though. >> I don't know what to do. No, it's not my first time now. >> So, you give me a completely different person's name? >> Yes. I don't want to make things complicated. >> Okay, spell the correct name. >> E T H Y N >> All right. Should have just told me that from the beginning so I could have had you guys on your way a lot faster. >> I was just nervous. >> Well, >> I don't know what to do. >> That looks It makes it look bad. >> in trouble now? >> Well, >> What happens I mean, I'm getting my I'm getting my exact specifics. I just got out of >> Well, she she was never getting a ticket for that, but >> She was supposed to be driving. She said that she was feeling nauseous. >> I I I get you. Just give me a second. And that would You would have been gone a lot quicker giving you the real name. All right. Come here for a second. I got to show you something. >> What? >> Just come here. >> What? >> Just come here so I can show you what I got to show you. >> What do you show? >> A photo. All right. Turn around. Put your hands on your back. Don't Don't Stay in the car. Stay in the car. Don't move. Don't move. I'm tired of you lying. That's not who you are. >> Excuse me? >> That's not who you are. >> What is going on? Why is this happening? Why are you arresting me? >> Cuz Stop moving. >> I'm not Okay, I'm sorry. >> That's not your name. >> Why are you What do you mean? Ow ow ow. Wait, why are you handcuffing me? >> Because you're lying to me. >> I'm not lying. >> That's not Yes, she is. Because she lied to me about her name twice. I just looked up that photo and that's not you at all. No, it's not. >> Yeah, it is. >> No, it's not. >> Sir, call my mom. No, call my mom right now. >> Yeah, yeah, that's not you. >> It is her. >> Let's go. You're going to walk. >> I'm not lying. No, you're confused. You're No, seriously. >> I'm not confused. >> I'm not lying. I lied to you. I admit it. >> Stay in the car. In the car. >> am. >> I admitted to you >> I don't You're lying. >> Okay. >> Let's go. >> Sabrina. Please. >> No, you're You lied to me too much. >> No, here's one time I was nervous. Please, can I stop? >> Nope. >> Can you call my mom, please? >> I'm not calling nobody. Get in the car. >> This is This is not good. Wait, please. >> Get in the car. >> What? Why are you saying I'm lying now? >> Because you are. I can't have C driver license photo. >> I have a driver's license. >> That's not you. Get in the >> That is me. And my name is Athia. And you're doing What's >> What's your middle name? Sure it is. Get in the car. >> Excuse me. >> Get in the car. Let me see what you're talking about. I need proof. >> No. Stop. You're pushing me. Stop. Stop pushing me. Stop pushing me. >> Get in the car. >> I'm not lying. >> 82, step it up now. >> Okay. I don't want this. >> Get in the car. >> to get in the car. >> Get in the car. >> Okay. I'm getting in the car. Okay. >> Get in. >> I'm getting in. I'm getting in. Wait. Can you get my phone, please? >> Close. Move your legs. So, I pulled the driver out cuz she's been lying to me about her name. I'm 10-4 82 central. And so I told her to come back with me and then she started pulling away and I'm like, "No." And I told her to get in the car and she didn't want to. And then the >> She's in the back and then there's a passenger in the car. >> You can switch her chain. Hello, how are you? Good, good. >> Can I see your license, please? >> So, what's her real name? >> It's Latia. I mean, I don't know I don't understand why you would copy >> That's not what that's showing up on your driver's license there. That's not her at all. It's a different person. >> I mean, that's I mean, I can call her mom. I have her mom's number. Do you need anything else? Any other Any other information or anything like that before you take her or what's going on? >> I have don't know yet. What's going on with her? No, you can hang tight right there. You can hang tight right there. So, I stopped the car. It's not her car. It's this lady's car. >> It's expired. >> so, she's got this lady driving and she gives me a name and a date of birth and she has a Florida license and I look it up and there was no record found. I had called dispatch on the phone. She ran through all 50 states and she got a similar to the name, but nothing else. So, I go back up and ask her and then she's like, "Well, I was scared, so I lied." >> She's probably registered to >> Uh this lady. >> So, this is her car? >> Yeah. >> She have a Florida >> She just moved, she said. So, >> She just moved? >> Yeah. But, I want >> already expired and she just moved here? >> I want to see when it was issued or whatever, but come here. So, I want you to look at the photo. All right. Now, I'm going to open the passenger door and I want you to tell me you think that's the same person or if you can see from >> That look like the same person to you? >> No. >> What's your real name? You don't know your real name? Maybe you can go straight to jail under Jane Doe and they'll figure it out that way. >> I don't know why this is happening right now. >> Because you're lying. >> I admitted to what I said and >> That's not your real name. Okay, you can just go to jail. >> You were going to take me regardless cuz you don't believe me. >> No, I was going to take you once you lied to me the second time. The first time I was going to just let it slide, but now the second time you're still lying, I'm not letting that slide. And now I can tack on two charges of false ID to law enforcement, okay? I'm going to You probably don't have a license, I'm going to add that on to driving without a license cuz I can't identify who you are and and all this other stuff. Huh? >> I'm sorry, officer Brown. This is a new situation. >> It is. So, if you want to tell me your real name But if not, then that's fine. We can play these games. Well, you're not going home, so keep lying and that's what you get. What? >> You're taking me to jail and I don't bring myself to one of the officers. >> Honestly, that is not my concern at this point. That's not my fault. You shouldn't have lied. Nope. >> I'm sorry. >> Does she have any property in here? >> Um like some of her clothes and stuff and her bag. >> No wallet? No nothing? >> No, her No, she has no wallet. No purse? No, she has cash. She has no She does not have her ID and her cards. That's not That's the truth. She has cash. >> Okay, so what's her real name? >> Her name is Thea. She does I do not I mean she has her cash she doesn't have her wallet I mean have her bag. She has no cards, no nothing in there. She doesn't like >> No ID cards, no nothing? >> went out last night in Orlando she didn't have an ID when we went out. Like she was like >> And that's her bag right there? >> This is my bag. >> Where's her bag? >> Her bag is right here. She doesn't have She doesn't have ID. She won't I'll show you she doesn't have She has the cash and her that's it. Cash and her and her stuff. That's it. We went out in Orlando last night and like I know she has no ID on her because we went out and she couldn't show the ID to the security people so she was like having to you know, get her in anyway cuz I'm 38 so I'm the old >> Okay. >> But, you know what I mean? So, like she was no ID to show. >> How long How long have you known her? >> Um like a year. I'm from New York but I moved here 2 years ago. >> Okay. >> Yeah. I mean I know I I have my New York license and stuff. And that's when my tag expired as well because I live in New York it's totally different with the registration. Um you have the registration on the window in New York. So, here and I just got New York just got these plates recently. Like a month >> How recent did you get them? >> Um >> Cuz they're already They're already They're already expired. >> No, I know cuz it's my birth I didn't do it by your birthday. I just found that out. My birthday's April the 5th. So, I just found that out cuz in New York it's like I think it's registered every year not by your birthday and it's I haven't even had this car a year yet. >> Okay. >> Yeah, I've had this car since September. So, like when I I was actually pulled over the other day not because of this and I had an I was like super confused on it. >> Okay. >> How would I have a registration expired I just got it it made no sense to me, you know? So, I tried they said I could pay for the tags online but I can't do that because I need to have a Florida actual license and here you have to make an appointment for that. Where in New York you can It's just like totally totally different. So, that's why I haven't gotten it. >> Okay. >> So, I was planning on doing it when I get back home, which is now already. >> So, you just met her? >> No, I've known her for like a year. >> Okay. Where's she from? >> I'm not sure exactly. >> Where does she live now though? >> Uh >> Okay. Okay. Um So, she had no ID the whole time you've been with her? >> No, like like like I said, we were out last night and then we came back to California. >> Okay. So, So, she told him that she was robbed last night? >> Yeah. Yeah, she didn't have an ID or anything. >> Yeah. So, she was robbed and had to shave all that money? >> I don't know. I mean I mean >> Okay. >> I mean I know for me when I go out, like here's my wallet. I don't bring my cash on me when I go out. I bring different bag and I bring like $40. $40. You know what I mean? >> Yeah. >> Cuz I've been robbed before. So, unfortunately. >> Okay. All right, hang tight. She was robbed. She was robbed and lost all of her money. She had a lot of lot of cash. If this person is who you're telling me is you, you would have been given a warning and I would have sent you guys on your way. We're well beyond that. I don't take being lied to lightly. Sorry. >> Thank you. >> Is there any Can you just forgive me in your heart? I just want to move from this. I don't want to be this person. Can you please >> [snorts] >> Can we please move on from this? Please, God. Mr. Officer Brown, please. I disrespected you. I lied, but I just don't want to do this. Can we please move forward from this and not in this way? You can give me a ticket. Give me anything, but I don't want to go to jail, please. Officer [snorts] Brown, please, can you hear me? >> I was treating you like a person when I was up there. >> And when you came back, I promise you I wanted to tell you before anything. I knew you were in this car looking things up, and I was just like, "Oh my god, I have to get out and say something." >> sat there knowing you were lying. >> It's I know I put her in a bad position as well. >> Yes, and [snorts] that's why I'm getting her car towed. >> What? >> Yeah, her license is suspended, so >> It is? >> Yep. >> Oh, please, can I just have my mom come pick me up? >> You can get her out from jail. >> No, no, no. >> Yes. >> [snorts] >> There is nothing that you can say that's going to make me change my mind. >> Well, how much do I have to pay to get out of jail? >> I will tell you that in a minute. >> Issue one, the stop itself. Under Ren versus United States, decided in 1996, any observed traffic violation justifies a stop. An expired registration under Florida statute section 320.07 qualifies. Issue two, the false name. Florida statute section 901.36 makes it a first-degree misdemeanor for a lawfully detained person to give a false name. The text contains no express intent element. That means a second, different name leaves little room to argue a nervous mistake. The offense becomes a third-degree felony only if a real person is adversely affected by the name used. The footage does not settle that question. Asking for a name is lawful. In Hiibel versus Sixth Judicial District Court, decided in 2004, the Supreme Court confirmed that officers may request identification from a person detained during an investigative stop. Issue three, the length of the detention. Rodriguez versus United States, decided in 2015, bars extending a stop beyond its purpose without reasonable suspicion. A records mismatch reported by dispatch supplied that suspicion. Issue four, the arrest. Beck versus Ohio defines probable cause as a reasonable belief based on the totality of the circumstances. Two conflicting names and a photograph that the officer says does not match meet that standard. Reasonable suspicion allowed the investigation to continue. Probable cause allowed the arrest. Confusing those two standards is one of the most common errors in body cam analysis. Under Devenpeck versus Alford, an arrest is valid if probable cause existed for any offense, whatever offense the officer names. Florida statute section 901.15 permits a warrantless arrest for misdemeanor committed in the officer's presence. Atwater versus City of Lago Vista holds that a custodial arrest for a minor offense is constitutional, even when a citation was available. The decision was debatable, but it was lawful. Calling the driver over to view a photograph first was a tactical choice, not a constitutional violation. Issue five, the license. Florida statute section 322.34 penalizes driving with a suspended license. Officer Brown states that the license is suspended, but the footage does not confirm it. >> All right, step out. He's got to do the fingerprint thing. >> Just going to try and verify who you if you are who you say you are. Do the do the fingerprint for me. Okay. If you can just step out. >> Yeah, keep it up. >> have to reach around. I have to get right index and a left index. >> do this? I don't understand. >> We're just trying to verify who you are. >> Yes. >> But sir, I verified so many different times. >> I didn't verify that. I told you I like I explained >> I want to call my mom. >> It's okay. ma'am. Just >> I want to call >> You don't have the right to >> You can't refuse this. >> attorney. >> Not the right to counsel or to call your mom. We're just trying to verify your that you are who you say you are. >> Yes, so you need to get out. >> want to do that. >> Okay, then go ahead and step out, ma'am. >> You have to. I will grab you and make you get out. >> I understand you don't want to, but we need to verify your identification. >> So, if you want some leeway here, you need to follow what I'm saying. >> All my information is right. >> I can >> I can tell you your social. >> How old are you? >> I'm 20. >> Okay, but what's the point if most 18-year-olds don't have You don't even know your own social. >> Go ahead and step out, ma'am. >> I don't want to do it. >> All right, well, you have no choice. >> Why don't I have a choice? Stop it. Okay, why are you stopping me? Please stop. Please stop. Stop. Stop. >> Stop. >> Stop it. >> Stop. >> I don't feel comfortable. Please stop. >> just relax. >> No, cuz you're holding me tight. I don't know why, and I've already spoken to you. Please let go of me. Please let go of me. Stop forcing me. Stop forcing me. Stop forcing me. Stop. No. Let me go. Let me go. Let me go. >> you to relax. >> No. No. I'm going to have No. Stop. >> booked under Jane Doe. >> Okay. >> going to stay in jail for 5 extra days. >> Why? >> Because that's how the system works. >> Leave me alone. Please stop. Please stop. What are you doing to me? STOP. STOP IT. >> STOP. >> STOP IT. STOP. LEAVE ME ALONE. GET OFF OF ME AND STOP. STOP. STOP. [screaming] STOP. >> STOP. >> STOP. GET OFF OF ME. NO. NO. LET ME GO. STOP. I SAID NO. >> HEY, SIRI, 27. >> I don't want to. Stop. Leave me alone. Get off OF ME. GET OFF OF ME. Why am I going to be pepper sprayed? Leave me alone. Get off of me. Get off of me. No. >> Listen, I understand you're intoxicated right now. >> Why am I intoxicated? >> No, they're calling you a cab. >> I'm not intoxicated. >> Okay, relax your hand. >> Let go of me. >> You've You kicked me. You're already going to draw a felony charge for battery on a law enforcement officer. This is absolutely ridiculous. Relax your HAND RIGHT NOW. RELAX YOUR HAND. YEAH, I WILL WHEN WE'RE DONE. RETURN TO CAR. YOU'RE MAKING THIS WAY WORSE. JAIL'S GOING TO DO THIS IN CUFFS, SO EITHER DO IT now or you do it at the jail. What's your mom going to say? RELAX. Will you let me TAKE YOUR FINGERPRINTS? RELAX YOUR HAND. ALL RIGHT, SO YOU'RE GOING TO HAVE TO DO THIS AT THE JAIL. I'M JUST GOING TO NOT KICK me again. LET'S TALK. >> [screaming] >> OKAY, RELAX YOUR HAND. LET ME GO. WOULD YOU GET UP? YOU FELL TO THE GROUND. YEP. Stand up. Get up. Get up. Get up or I will pepper spray you at this point. Get up. Get up. It's an awful order, man. >> Stop. >> Now, get back in the car. >> No, get in the car. >> Get in the car. >> You guys are horrible people. >> Resisting. I'm feeling a Same for you, man. >> How can you do that to people? >> [laughter] >> You were still lying about your name. You're now being charged. >> A felony charge? >> to lie to a police officer. There you go. >> And to kick. >> I didn't kick anyone and you guys know it. YOU GUYS KNOW I DID NOT KICK YOU. >> [snorts] >> You guys know I did not kick you and you know that's the fact. I did not. I would love to see it. I DID NOT. >> I KNOW. >> WHY? I'M ALREADY IN HANDCUFFS. >> You're resisting. >> Resisting what? I SAID I DON'T WANT TO DO SOMETHING. >> Resisting lawful orders is what you did. >> You guys you know what you did is wrong just now. >> No, now you have your own name. >> Issue six force. Graham versus Connor decided in 1989. Judges force by objective reasonableness from the perspective of the officer at the scene. Courts weigh the severity of the offense, the immediate threat, and active resistance. The underlying offenses are non-violent which favors limited force. The officers describe resistance and a kick during booking, but the audio alone cannot confirm the kick. If contact with an officer is proven, Florida statute section 784.07 raises simple battery to a third degree felony. Resisting without violence under section 843.02 is a first degree misdemeanor. Resisting with violence under section 843.01 is a third degree felony. Issue seven, the fingerprints. Under Pennsylvania versus Muniz decided in 1990, routine booking questions do not require Miranda warnings. Maryland versus King, decided in 2013, treats fingerprinting as a standard booking procedure. That also answers the request for counsel. Miranda versus Arizona protects against custodial interrogation about the offense. No constitutional right to a lawyer or a family phone call attaches to fingerprinting itself. The outcome of the criminal charges could not be located in public records at the time of this analysis. Any assessment therefore rests on the footage and the law alone. Officer Brown receives a B- minus. The investigation was methodical. He verified identity through dispatch, gave the driver a chance to correct the lie, and established probable cause before arresting. The deductions come from what followed. A clear final warning before hands-on force is not audible. A pepper spray threat and comments about extra days in jail sound punitive rather than procedural. The driver receives a D. Her false statements created the legal basis for the detention, the arrest, and the added charges. Resisting a lawful booking procedure added exposure that she did not need. Lesson one. A person lawfully detained may decline many questions, but must never give false identification. Lesson two. A records mismatch alone can lawfully extend a stop. Lesson three. Resisting a lawful booking procedure adds criminal exposure and disputes belong in court, not on the scene. Lesson four. Remorse after the fact does not erase probable cause that already exists. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below.