Officer, you're breaking THE LAW, BRO. YOU'RE BREAKING THE LAW. >> I WAS THERE. I SAW YOU. ANY FIREARMS in the car? >> No. >> Any firearms in the car? >> I got a firearm, but I'm allowed to have a firearm. >> Okay, that's fine. That's why I'm asking you. Where's your firearm at? Don't grab it. Just >> I'm about to I'm about to I'm about to get up so you can No, I want you to grab it. I want you to >> No, just tell him where it is. Don't grab it. >> On June 7th, 2024 in Akron, Ohio, a routine traffic stop for running a red light turned into a case study in armed passenger law. It ended with a backseat passenger in handcuffs, arrested on four charges, including having weapons while under disability, a third-degree felony. This is that stop. What makes this stop analytically significant is that the passenger who handled his firearm by the book is the one who was arrested. >> What's going on? >> Going to be a full stop. >> Why you running a red light for? Why did you run the red light? >> Who the [ __ ] ran the red light? >> Okay. It was red. And Do you have your ID on you? >> Well, I don't, but you can run my name. >> Do you got ID on you? >> I just I just said the passenger. >> Cuz he was driving the car. >> I wasn't driving. >> You were. We saw you. Any firearms in the car? >> No. >> Any firearms in the car? >> I got a firearm, but I'm allowed to have a firearm. >> Okay, that's fine. That's why I'm asking you. >> I don't know who I was not driving. What the [ __ ] I haven't drove I drove to a city >> Where's your firearm at? Don't grab it. Just >> I'm about to I'm about to I'm about to get up so you can No, I want you to grab it. I want you >> No, just tell him where it is. Don't grab it. Just tell him where it >> I'm about to lift my hips up. I don't want to hold it while you guys are here. That makes me nervous. >> Relax. Relax. Relax. Relax. >> Put your social What's your social? >> It is on my person. >> That also has a firearm on him, so >> I I have a firearm on me. Yeah. >> Do you have a license to carry it? >> I have a license. You don't need a license to carry it. >> you? You still have to prove that you're You still have to prove that you're able to carry that firearm. >> Oh, yeah. I I'm Wait, hold on. Let me tell you. received with you guys about the firearm. I didn't even have to tell you I had a firearm. You know by law I don't have to tell you that I have a firearm. You know I don't. >> All right, so listen. All I need to know is that you're able to carry that firearm. >> I am able to carry but you're asking me questions that's not neither here nor there, officer. I am a [ __ ] bro. Y'all cuz why is y'all [ __ ] I know my laws, bro. I got I I've been doing this, you know I'm on the phone. >> You guys need to get your information. >> All that, bro, so don't worry about what you >> Just get your information. >> Bro, bro. I don't have to, bro. I don't [ __ ] have to, bro. You know why I don't have to, bro? Cuz I studied this [ __ ] bro. I studied all this [ __ ] Law orders, bro. >> I don't >> I know what you're [ __ ] with me to Oh, he was just driving. Now, how am I I'm in the [ __ ] backseat, bro. You [ __ ] with me. You just watched me sitting at you were just watching me sit at my brother's gravesite. >> not see you over there. >> Bro, you just drove past me, bro. My bro, no, bro, cuz that [ __ ] lame, bro. >> Can I talk? Thank you. So that means that y'all was following me. >> I know my laws, bro. >> We saw you turn down 20 uh 7th Street and then pull in >> Pull into my Yeah, pull into my Pull into my driveway, right? No, pull into my driveway, right? Which is harassment. Which is harassment. >> Bro, did you run a red light? >> Nobody ran a red light. >> But you did run a red light. >> Nobody ran a red light. And you harassed my >> I'm not harassing him. He has a firearm on him and he has a firearm. >> All right, so look, look, look cuz I cuz I am being difficult. Look. >> I'm trying to talk to you. >> Check this out. Can you pull me over? Grab it off my hip cuz I don't want you to feel like I'm aggressive. Here go my gun right here. Can you grab it off my hip, please? That would make me so much more comfortable. Thank you. Now you have my firearm. Now like I was trying to tell you, officer. Officer. I don't have I'm a passenger. I'm in the backseat. I don't have to I understand I have a firearm. Hold on. Listen to me. I'm talking to you. We talk Me and you are talking. I am a passenger. I have a firearm on me, yeah. I I'm allowed to have a firearm on me in the state of Ohio. It is an open carry state. You don't have >> Bro, you're >> a vehicle, so that's not open carry anymore. >> What's You know how Do you not Do you I've gotten pulled over I get pulled over all the time with my with my firearm. >> out of the car. >> You want my name, bro? I'll give you my name, bro. Like you ain't got to [ __ ] with her, bro. I'll give you my name. I'll give you my name, officer. I will give you my name, bro. >> Get out the back of the car. All right. Listen, besides your guns and the marijuana and stuff, all that stuff. >> I just said I was at my buddy's grave. >> Is there going to be anything else in the car? I ain't I'm trying to get you guys out of here as quick as possible. >> I'm telling you I will give you my name and you can check my firearm. >> Hold on. What's your name and Well, listen, with the scale and the marijuana, you're going to have to identify yourself, all right? So, what's your social? Thank you. Appreciate it. >> Question is they shouldn't be asking me. Is it a proper zone or is I'm about to throw this out. I don't want to hit you. I don't want this to hit you. I'm about to >> Ma'am. All right, like I I tried to explain your passenger has some marijuana. He has a scale next to him. That's You can't have a scale. You can't have this open marijuana in the car. You guys can't be smoking marijuana in a car. That's same as open container, all right? >> What the [ __ ] stop pulling all that for, bro? y'all. What is all this Come come on, bro. This is harassment. What the [ __ ] is y'all problem? What the [ __ ] is y'all Y'all know that like somebody was trying to run from y'all, bro. Boxing the car in, bro. Like, what is y'all issue? Y'all literally literally looking right at me, dead in my face as I was sitting at my brother's gravesite. Yeah, bro. Like, what the [ __ ] I'm mourning. And y'all [ __ ] with [ __ ] No, just run it and give it back to me. It's mine. I'm allowed to carry. Okay, so can I have my stuff back then? No. What do you mean, no? Why can't I have my gun back? I'm a legal gun owner. That's in my name. I'm legal to carry. I have my All that. Why why can't I have my gun back? >> We'll give you your gun back when we're done with the traffic stop. >> This traffic stop should be over with. >> Okay. >> Give her a ticket. >> God damn. See, y'all from Florida. >> Y'all asking passengers names and [ __ ] bro. Y'all is out of line, bro. Like, hold on, bro. I'm about to call my lawyer. Check this out. >> Calm down. Don't even worry about it. >> I'll call you back. I'm about to call my lawyer. Don't worry about it. Don't even worry about it. Cuz I called my lawyer the last time when y'all did this [ __ ] Yeah. Yeah. He got my social. He don't need none of that. He got what he need. He got what he He has my social security number. That that that's my whole life. He got that. He can look He can pull everything up. Cuz why? They [ __ ] up. Come on. >> Hey, I just popped up. You want You want to talk to me? >> I'm listening. I'm texting my I'm trying to get a hold of my attorney, too, while you talking. So, I'm listening. I'm not >> What What the What was the issue? >> The issue is for one, I just got We just got pulled over for saying we ran a red light, which was clearly green. >> Okay. >> Okay, that's my first issue. My second issue is I'm a passenger. >> Okay. >> He's the passenger. >> Yeah. >> There's no reason for you to even be asking our names. I understand that the laws of Ohio, I don't even have to tell you that I have a I don't have to I don't have to address that I have a firearm or anything if I'm legally allowed to carry a firearm. And I know that I'm not wrong because I just literally >> Did they ask if there were firearms in the vehicle? >> They asked if there were firearms in the vehicle, but did I have to No, did I If I said no, that may have been breaking the law. >> Right. >> I never said no, but I also didn't have to say anything either. >> Yes, you did. >> I didn't have to say anything. That's my fifth amendment right, correct? >> The No, the new law the new Like you're a legal gun owner, right? >> Yeah, I am and I'm about to look it up as you're saying it, too. So, go ahead. >> All right. You want to come out here real quick? >> No, I don't want to step out the car. >> Okay, I'm going to have you I'm going to have you come out. >> Why am I stepping out? >> I'm going to have you get out of the car real quick. Come here. Give me your left hand. >> And you're handcuffing me? >> Look. Put your phone down. You're handcuffing me? >> What am I being detained? >> Well, he'll explain it when you >> I'm mean I'm saying don't y'all have to explain You have to explain why I'm being >> Listen, you have a warrant for your arrest, bro. >> Bro, okay, that's a So, that's a traffic warrant, bro. And I just got I just got Bro, I literally just talked to an officer here. >> about this traffic >> Man, bro. Bro, why is y'all playing with me, bro? Bro. Can I have my phone, bro? Don't touch my [ __ ] bro. Give me my phone. Man, bro, you just hung UP. YEAH, BRO, THAT'S A TICKET. BRO. >> Hold on. Hold on. Hold on. Hold on. Stop. Don't get out of the car yet. We'll tell you when to get out. >> He's grabbing my phone. >> What? No, you're not doing anything. You'll get out of the car when we tell you to get out of the car. Chill out. >> I'm not worried about the ticket CUZ Y'ALL ARE BREAKING THE LAW, BRO. Y'ALL ARE BREAKING THE LAW. >> YOU WANT TO TALK TO ME? >> I'M TRYING TO TALK TO YOU. Y'ALL ARE BREAKING THE LAW, BRO. Y'all are the police and you guys are breaking the law. That's not fair. If we can't trust y'all to uphold the law, who the [ __ ] are we supposed to trust? >> All right, step out, bro. Face first to car. Any weapons on you? >> Nope. >> Separate your feet for me. All right, take a couple steps to your left. No, don't go reaching for the phone. Couple steps to your left. Separate feet. All right, if you want to come sit back here. It's not your phone. >> My brother's phone. >> Not brother's phone. Okay, well, then your brother can grab it. So, he's not grabbing it right now. Take a seat back here. Cuz it's not your phone. I told you. Here, lean up against the car. >> I don't I don't know what car I'm in. I know that's your all right. I know what car I'm going right now. >> You have my social. My name is Nick My name is You just My name is Nicholas Gates. >> Nick Nicholas Gates. >> Nicholas Gates. You about to take me to jail, bro? >> I am not taking you anywhere. I'm going to have a conversation with you. >> I'm trying Okay, so can we have a conversation over there away from your partners? Cuz your partners are really upsetting me. I'm not sure I don't think I've seen you. I haven't seen your face. So, I it's not against you. But the the way that and then the way they just pulled down on us, you can understand why I'm upset. I'm a legal gun owner. >> Okay. Um so, because of these circumstances, I am going to read you your rights, okay? So, that you're aware of your rights. I'm not trying to jam you up in any way. I'm not trying to do anything goofy. I want you to know your rights as a citizen, okay? All right, Nicholas, you have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have him or her present with you while you're being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you for any question if you wish. You can decide at any time to exercise these rights, not answer any questions, or make any statements. Do you understand those rights? >> I understand it. I have the rights. >> Can we have >> I have the I have the understanding that I have the right to have an attorney present while I am being questioned by you as of right now, correct? Can I have my phone so I can call my attorney, please? >> So, you're under arrest. If you're requesting your attorney, all we have to do is put you in the car. We're going to shut the door and not have a conversation. Because we can't get your attorney here right now. And we can't do that over the phone because we don't know if he legally represents you or not. >> You can I mean >> I understand that. All right. I understand all that. However, that's that's not how the law works. Your law Your lawyer Like that would be if we took you down to the station. I want a lawyer for whatever and then your lawyer comes and talks. >> So, I technically don't have the right to do All right, anyways, I have to talk to you. Just talk to >> Do you want to have Do you want to talk to Okay. >> I want to have a conversation. Are you going to take me to jail? Are you going to take me to jail? >> I don't know any of that. Those are going to be the officers that took you took you in traffic stop this car, okay? That's their decision. That's not my decision. However, this is all I know when I got here. There was a gun on the back of the car. Is that >> That's my gun. That is my gun in my lap. >> And you said something about a warrant. What What's the warrant? >> I had a I had a traffic warrant that I literally just was made aware of. Like when I say this morning, I mean this morning. I was sitting in my car listening to music and at my outside of my house I'm sitting outside of my car listening to music unwinding down. I do armed security and stuff for work. That's what I do for work. That's why I always have multiple firearms on me. I have one today. I don't have to be to work until 12:00 tonight. I've been to court multiple times they set my date. When they set my date though, I told like I I'll be completely honest. Hey, I have a vacation that's planned. I paid for it and everything for my trip and everything. Okay, cool. Well, we can work with you. Here's this day. Here's this day. So, I said I said about it. He was like, "Okay, I'm not going to harass you. I'm not going to bother you. You can do a The arraignment is on Monday or whatever." Something like that. Arraignment is for traffic court. Go to go to court up there Monday at 8:00. I told him I'll be there. Go get that taken care of. That's really that. >> All right. So, let's fast forward to this evening. You're in the backseat passenger of this car. >> Yes. >> Did the officers say, "Hey, is Do you have a firearm?" >> They said, "Are there any firearms in the car?" >> And did you answer yes or no? >> Uh I told them yes, I do have a firearm, and I did not I didn't touch it or reach for it. I told them, and I I actually I asked multiple times, "Could one of you guys take my firearm while you guys got me stopped cuz I'll be more comfortable? I don't want to try to feel no type of way, and I don't want to feel no type of way, so I won't try to have it. I don't I'd rather y'all I'd rather y'all not, you feel me, feel uncomfortable with me with a firearm or anything." >> Okay. >> So, that's that's why my firearm was on there instead of on my person because I had requested them to take it from me. I had requested them to have it. >> So, we were we were talking when you were still sitting in the car. Uh let me be a little bit more clear. So, you're legally allowed to have a gun and carry a gun and >> Yeah, I'm legally allowed to carry a gun and all that. Yeah. >> That is um that is correct. However, um well, let's go back to If a police officer if you're allowed to carry a gun and a police officer asks, "Are there any firearms in the vehicle?" you do have to say, "Yes, I have my gun." There is There is a subsection of carrying firearms that says that you are under disability of carrying a firearm if you are a fugitive from justice anywhere. >> And what does that mean? >> It means you have a warrant, okay? So, technically >> to give me weapons under disability to do >> Technically, by the way that the law reads is that you have >> Where the initial officer was imprecise is the earlier demand for proof of a license because since June 13th, 2022, Ohio law lets a qualifying adult carry a handgun without one. Where the passenger's argument falls short is the word qualifying because that protection depends on a status nobody had verified yet. While the initial officer's remark that a vehicle ends open carry also overstates the law. >> have a warrant, and you cannot possess the firearm when you have the warrant. >> Okay. But I I this >> You can't be out and about with your gun, okay? >> I'll go home, bro. Can y'all just let me go on to my kids, bro? >> I can't make any of those decisions. I just I wanted to talk to you so that you and I could you could I you and I could have a conversation, talk about things, let you know what the police side of this is, and that we could have the conversation. Instead of there it really gets nowhere when we're yelling and carrying on and stuff. Like it it's not it's not it's not positive. Okay? So, there is a law, and that law says that you cannot be a fugitive from justice, have a warrant while possessing a fire. Okay? >> Okay, but like I just said, I >> You did everything right up until that point. >> Okay, so I'm saying, man, can you cut me a break? >> I I cannot make the decision on this because those two officers are the ones that stopped you. >> speak to one of them, man? >> When this officer gets done with whatever he's doing, he will speak to you. >> I got one request. >> What's up? >> I'm cuffed up. You see I got big ass feet. I ain't even I'm clumsy as hell. Can you not shut the door? >> I I I have to. You got to you got to >> Oh, you bro, can you stay right here? >> I can't because I need to go down to those two officers who are brand new, and I got to make sure that they're not doing >> I don't have my phone so I can start making my phone calls real quick. >> While in custody, you're not allowed to have your phone. >> Okay, but I was on the phone prior to being pulled over, and one of your colleagues hung up on my phone, which I know is illegal. >> It's It's technically not >> You can't hang up. You can't like you can't use your phone while you're being detained. You can't touch like you can you may be able to take it off me if it's on my person. >> No one well, I think really what he was doing was separating the phone from the hood the top of the car when you're trying to grab it with your teeth. >> Okay, and then and if y'all Okay, don't grab it. All right, I wouldn't have grabbed it. >> I didn't see him I didn't see him touch I I saw him take your phone. I didn't see him touch >> He grabbed it, he hung up, and I could show you the call log, too. It's all recorded. I I You know, but I see your body cam is recording. I don't know how long it is. Yeah, so yeah. Like I said, he took my phone off the top of the car, and hung up, and I can tell you he hung up, and I have a witness because I was my kids' mom, and he had a gun on him. >> Okay. And and if that is a complaint that you have, then we understand. All right, do me a do me a favor. I know you got big feet. There's enough room for I've seen size 17 and 1/2 in there. >> Come on. >> I just hop hop in there for a minute. >> Let me talk to him. Let me talk >> Look, I am not I am not going to keep you back here for an extended period of time. I'll come out back here and talk to you. >> say that. Y'all always >> Nicholas I've been real with you, you've been real with me. >> I was just trying to see my brother, bro. >> I understand. Hop in there real quick. I'll be back within 5. >> All right. Jesus Christ. >> I see it. I know exactly what's I know exactly what's going on. Put your hands behind your back. I know exactly what's going Technically, y'all have got no probable cause to search the car. Technically, y'all don't. But y'all going through all our [ __ ] >> I don't understand why you're putting me in >> No, because they don't have no probable cause. They didn't smell marijuana or any of that. Y'all don't have no probable cause for none of this [ __ ] that y'all doing. It is legal. And with regards to anything, y'all should have just gave us a ticket, but y'all staying black. I see y'all. I see y'all. I I put money on it. Y'all know his better be better than mine. >> I'm going to go real quick. This bag I saw her tuck. >> What's up, Travis? >> This >> Huh? >> Bro, this might be hers. >> Where was it? Oh, in the >> It was in the bag. She's got the sports bra on. >> Hey dude, there's like eyelash stuff in there. >> In there? >> It looks like Yeah, hair bonding glue. >> I know exactly what it >> Where was it? >> Uh it was on the floor on the ground. >> Okay. There's a bunch of [ __ ] in >> Technically, y'all have got no probable cause to search this car. >> There's all >> How was it found? >> Technically, y'all don't. But but y'all going through all >> Did you read the rights to her? >> Yeah, she's not giving me any information. >> Well, with those rights in mind, you're being detained. >> You have to let me know why I'm being detained. >> You're being detained because there's things located in the vehicle and I'm about to ask you some questions. Now, that brown Nike bag, is that your or the green Nike bag at your feet, is that your bag? >> No. >> Whose bag is it? >> I'm sure the it's Ace's bag. >> Did he Did you say disregard? >> The dude who keeps telling you guys that that that that's his that's his bag. >> So, his bag's at your feet and in the back? >> started driving from the [ __ ] graveyard. I went to go see >> But that's you're lying because you weren't driving from the graveyard. >> You're right. I You're right. >> All right. >> So, then you know that that's not my bag. >> Okay, that's why I asked you. That's why he read you your rights. >> It don't matter where I started driving at. You asked me whose kind of thing it was, whose bag it was and I just told you. I'm not lying to you. >> Put those hands behind Swing your feet in. >> Is that fun? >> What? >> I said I can't. You got the strap on. >> It's not that hard. You're young, you're athletic, you can swing your feet in. I've seen 70-year-olds do it. And I'm going to take these keys, too. Hey, do you have any of the Are any of those bags the Nike green Nike bag at the floorboard of the driver, is that your bag? No. Um Uh-huh. So, what happened? In your pocket? Is there anything besides the marijuana and scale? I don't know. Did you Did you get anything out of his pockets? >> Uh just a phone and >> All right, man. >> I have a brown marijuana >> All right, so leaving the cemetery, who was driving the vehicle? I don't want you to lie to me, sir. You tell me the truth. This is beyond the driving. I don't care about the driving. We're investigating something else beyond the driving. Of things located in the vehicle. That's why I'm asking you who was driving the vehicle when you guys left the cemetery before you guys pulled in that driveway when we got behind you the first time. Ace? Hey, my man. They call you out of your first name Ace? Do they call you Ace? >> My name is Nicholas Giles. >> Nicholas Giles. All right, so you had to go and only that's whatever. The bag that's was by you in the back seat, is that your bag? >> It was It was my bag. >> The brown? It's like a brown What about the green Nike fanny pack with marijuana? >> The only thing I only thing I have, bro, is this and my my pants and my shirt that literally match my work pants. I have a Gucci shirt there. >> So, you were driving when you left the cemetery? >> I was sitting I was sitting in the driver's seat at the cemetery listening to music. Like I was blasting my music. I'm I watched literally like I said I watched y'all drive past and look right at me in my face. I was sitting at the cemetery. I'm taking videos. I took my shirt off. I sat in the driver seat changing the music. All that. Yeah, I'm sitting in there. The car's not moving. I don't think >> I don't care about any of that. So, listen, you were If you were driving, you were driving. I'm just saying. She said you were driving from the cemetery. The other guy said we saw you driving from the cemetery. That's one thing. I'm asking you about the bags in the vehicle. Are any of them yours? Are you saying the same thing? >> the only possessions I have in that vehicle is my phone and I have my [ __ ] shirt in there that I don't have on. >> Issue one, the stop and the questions. Under Wren versus United States, 517 US 806 1996, an observed traffic violation justifies a stop whatever the officer's motive, and under Brendlin versus California, 551 US 249 2007, a passenger is seized, too, and may challenge it. In this stop, the red light observation carried the seizure, so the passenger's harassment theory about being followed fails, and so does his claim that he owed no answer about firearms because since June 2022, Ohio Revised Code Section 2923.12 requires a person carrying a concealed handgun to disclose it when an officer asks. Where the officers hold is the firearm question. Where they invite scrutiny is the passenger identification demand because Ohio Revised Code Section 2921.29 requires a name only when an officer reasonably suspects criminal activity, a threshold the visible marijuana and scale likely supplied. Issue two, the vehicle search. Under United States versus Ross, 456 US 798 1982, probable cause to believe a car holds contraband authorizes a warrantless search of the whole vehicle, and Wyoming versus Houghton, 526 US 295 1999, extends that search to a passenger's belongings. In this stop, the officers relied on visible marijuana and a scale, but Ohio voters legalized adult-use cannabis in 2023. So, marijuana alone is no longer automatic proof of a crime, and the adult-use law says lawful cannabis conduct cannot be the sole reason for criminal action. Where the search holds is the combination of a scale and open marijuana in a car where Ohio prohibits cannabis use. Where it is vulnerable is that legal marijuana alone cannot carry probable cause, so the state must show what else made contraband probable. Issue three, weapons under disability. Under Ohio Revised Code Section 2923.13 subsection A1, no person who is a fugitive from justice may knowingly have or carry a firearm, and a violation is a felony of the third degree. In this stop, the outstanding traffic warrant, not the handgun, created the exposure, and the passenger's own statement that he learned of the warrant only that morning puts his knowledge of it on the record. Where the state is strongest is the warrant itself. Where it is contestable is the phrase fugitive from justice because a traffic warrant discovered that morning with a court date the passenger says he intended to keep looks different from flight, and Ohio pellet courts have applied a recklessness standard to that status. Issue four, Miranda and the request for counsel. Under Miranda versus Arizona 384 US 436 1966 and Berkemer versus McCarty 468 US 420 1984, warnings are required once a traffic stop becomes custody, and under Edwards versus Arizona 451 US 477 1981, questioning must stop after a request for counsel unless the suspect reopens the conversation. In this stop, the warnings came at the right moment. The passenger asked about his attorney, the supervising officer explained that questioning would end, and the passenger then reopened the conversation himself by asking whether he was going to jail. What the state holds is Oregon versus Bradshaw 462 US 1039 1983, which treats a suspect's own question about what happens next as initiation. Where it is exposed is that the state must still show a knowing waiver, and questions about who owned the gun came without fresh warnings. >> What what what's going on cuz he talking about he back here testing narcotics and [ __ ] bro, and a narcotic is a drug. >> Drugs is drugs. >> Uh is weed is weed a narcotic? >> No, we talking about like fentanyl and meth and all that. >> Oh yeah, I smoke weed, bro. I smoke weed. I work on cars, I smoke weed, and I do home security. I got my own business. I got my own cars and all that [ __ ] bro. I don't even play like that. >> All right. >> What I'm about to ask you is my sister. >> The driver? >> Yes. What what what's going on with her? >> Well, with her she's going to get ticket for the red light. >> You talking about to take her to jail like you like >> I don't know if we're going to you're going to go to jail. >> I'm going to jail? Why? >> Well, you're going to jail for one to firearm. >> For a what? >> The firearm. >> Why am I going to jail for the >> Because if you have a firearm and you have a warrant, you cannot have a firearm. >> Okay, I did not I was not aware of a traffic warrant, bro. Literally and I got said I talked when the police officer told me, he told me I have a warrant I can go to arraignment on Monday, bro. I was not aware of that. I did everything else I cooperated with >> the things we located in the vehicle, we interviewed every individual and they're coming back everyone saying that the bags are your bags. >> What? >> That contained the narcotics. >> Bro, get the [ __ ] out of here, bro. >> That's why I asked you and you didn't want to tell me whose bags they were. >> I SAID THEY WEREN'T MINE. I TOLD you that I don't I said the only thing I have in there is my shirt and my [ __ ] bro. Come on, bro. >> So, the one bag that was laying right next to you? >> There was no bag next to me. There was no bag next to me, bro. >> next to you. >> There was a brown bag. What kind of brown I did not see no bag in the back seat, bro. >> there was a bag right next to you. >> A purse? >> It was a bag. >> A purse? >> And then there was a what do you call those? A fanny pack shoulder bag? >> Dude, I have work clothes, bro. Like what come on, dude. >> All right. But, so that's what we're going through right now. >> So, y'all about to take me to jail? >> You are going to go to jail, yes. >> For what, bro? >> For >> I didn't do [ __ ] Like come on, bro. You talking about the Wait, I'm not even there. >> Let me get some of this stuff done, man. There's a lot of things going on. >> bro. Like come on, bro. Bro, I work every day, bro. This [ __ ] ass, bro. Damn, bro. I'm saying, bro. YOU TALKING ABOUT THEY SAYING I DIDN'T >> PUT YOUR FOOT BACK IN THE >> BRO, YOU TALKING ABOUT THEY SAY ALL THAT'S YOUR [ __ ] BRO. YOU WERE JUST GOING TO BE LIKE WHAT, BRO? I GOT PAPERWORK, BRO. I WORK EVERY SINGLE DAY, BRO. THAT [ __ ] LAYING ME SO YOU JUST GOING TO GO OFF OF THEIR WORD, BRO. >> WHO'S green Who's wearing the green Nike bag? >> Bro, on my brother I just left see on my brother's [ __ ] ashes, bro. That was not me, bro. I go to work. You see what I got on, bro. I work on cars. >> I'm asking you who out of you three was carrying a green bag? >> not carrying any bro, I could bro, I you want me to be 100% truthful, I'll be 100% truthful with you, bro. I had I had my shirt. I had a little bag of weed that I smoked at the cemetery when you all right past when you all rolled past, I smoked that already, bro. I smoked the weed. So, that's what if you all smell weed, that's what you all were smelling me. I smoked the weed, bro. My ID might be in there, it might be in my baby mom's car, bro. I didn't have [ __ ] I came up here to see my brother, bro. >> asking you then who had the green Nike bag? >> Come on, bro, you about to make me tell, bro. Bro, bro, that's not cool, bro. >> Well, they didn't have no problem telling. >> Man. This [ __ ] man, bro, take me off camera, bro. Take me off camera. >> I I got him just muted. >> Bro. >> Is this your phone? Did you take any videos and pictures over here at the cemetery? On this phone? I'm just asking. I'm not using anything against you. I'm trying to figure out Well, I'm just trying to figure out Listen. Okay, you have. And that's why we're trying to work with you, but we also have a gentleman up here who's claiming certain things are his, but he's claiming certain things are not his, and he ain't trying to go to jail for anybody else. I'm not saying you got to go down for it, but I'm saying out of that green bag at the cemetery, who had the green bag? Is it the dude with the mask on his face or the other dude? Okay. So, what I'm saying is he's So, he's just trying to say it's not his, is what you're saying. He's just trying to say that's not his. He didn't say He didn't say it was yours. KK Ace girl. My question is, are you going to Are you willing to open this and look at your photos? >> I don't know if I have a problem with that. How am I supposed to do it? >> Put your hand up here. >> How? How? How? What do you want me to do? What do you want You know, it's and the one with the the face mask. >> Yeah? Hey, they took a video on your phone. Are you willing to show us the video? Sorry about that. >> No, that's my brother. >> All right, so the green bag, all we're trying to figure out is whose the Nike green bag that's in the car. I don't want you to say what you want. I want you to just tell the truth. That's all I want. >> Well, >> I'm just trying to figure it out cuz no one here is saying the truth about anything. >> He has been in the driver's seat. >> Okay. >> He has. >> Have you seen him or her with the green a green bag or brown purse looking bag, either of them? >> Brown purse looking bag, but Pretty sure that that purse looking bag he said is >> Okay. >> I don't know who has the green bag in the car. I didn't see it. >> Okay. I'm asking. All right. So, you guys switched seats when you guys were up here. All right. >> Bro, what what is going on, bro? Y'all talking to everybody, bro. >> I've just No, she was just I was talking to her about her kids. >> What about whose kids? >> The girl. She said she had to pick some kids up with her. >> Okay, bro. Bro, I don't give a [ __ ] bro. I got kids, bro. And my mother is trying to put I don't give a [ __ ] about her kids, bro. I'm talking about my kids, bro. You feel me? What What bro What >> He's still testing stuff. When he figures everything whatever it tests for, then we'll be able to go from there and get everything rolling. >> Okay, I'm saying, bro. Y'all might like So, I'm saying. Bro, like I didn't tell Bro, I didn't Bro, I didn't I get Bro, wait wait Can I Can I get Can I get 10 more seconds, bro? 10 more seconds You can count on your fingers, bro. Bro, look. I didn't tell y'all the truth. When y'all asked about the firearm, I told y'all the truth. I gave you my firearm to make y'all more comfortable on everything, bro, cuz I didn't want y'all to feel like I was a threat or anything, bro. I understand I get loud and aggressive, bro, because I don't like being bothered by the police cuz I do nothing to nobody, bro. With the fourth thing being said and the last thing being said, bro, I understand with the firearm, bro. Like I said, I have I I'm going to arraignment Monday 8:00 a.m. before I go to work, bro. Please, bro. >> All right. I'll see what I can do. I'll see what I can do without running you down. Seriously, I got to look Make sure you ain't got no felony convictions and all that. >> Bro, look Wait, hold on. I Bro, like I told him, the worst thing you going to find on there is a driving under suspension. I don't do nothing but work. >> That's fine then. Then we should we should be good. >> Bro, come on. Bro, bro, please, bro. Can you Wait, wait. Bro, can you shake my hand on some man [ __ ] and tell me you going to really try and not just [ __ ] me, bro? >> For real, bro. I'm looking in your eye face, bro. I'm a grown man, you a grown man. We both work, bro. >> Yes. >> Please. Thank you. >> going to try. No. >> Are you guys taking me to jail? Why? >> Cuz possession of drugs. >> What's my drugs? >> Her drugs. >> What's my drugs? >> What? >> Yeah. >> The drugs that we saw you pushing down. >> I'm talking and I'm not done. Why do y'all be doing that? >> We're trying to get out of here, so >> I'm trying. >> You've been here dang two dang long already. >> Come on. I need you to I'm about to I'm about to No, I'm telling you I'm about to put my weight on you so can step up. >> He's a big boy, he works out. >> Well, I didn't want to take I was resisting, huh? Y'all know how y'all are. >> Oh, come on, that's a lie. Watch your head. >> Why am I going to jail for somebody else's gun? >> You got a You had a gun on you. >> I'm Bro, THIS IS NOT FAIR, BRO. BRO, CAN YOU TALK TO ME FIRST? WAIT, BRO, TALK TO ME BEFORE YOU PUT ME IN THERE. >> ALL RIGHT, YOU'RE GETTING UP. >> BRO, come on, DOG. BRO, I'M SAYING, why am I going to jail? >> Cuz you had a gun. >> Bro, I'm saying I'm going to Atlanta for Monday. Come on, bro. >> Yeah, you're going to Atlanta for Monday. >> Bro, why are Y'ALL DOING ME LIKE THIS, BRO? BRO. >> And also, what's your What's your name? The money, there's only $50 in the green bag. Is that your money? >> Bro, I have $45 on me, bro. Bro, I'm Wait, bro. WAIT BEFORE Y'ALL PUT LIKE PUT YOU JUST SAID YOU WAS GOING TO WORK WITH ME. BRO, WHY DID YOU LIE TO ME? >> I DID. I DID. >> LIED, BRO. WHAT DID YOU do for me? What did you do for me, bro? What did you do FOR ME, BRO? NO, BRO. [ __ ] Y'ALL, BRO. [ __ ] Y'ALL, BRO. NO, BRO. [ __ ] Y'ALL, BRO. I SWEAR TO GOD, BRO. I'M ON KIDS, [ __ ] ALL Y'ALL, BRO. [ __ ] ALL Y'ALL, BRO. I'M ON KIDS. [ __ ] Y'ALL [ __ ] BRO. I DON'T GOT NO [ __ ] BRO. I'M A GIRL, BRO. [ __ ] ALL [ __ ] BRO. BRO, ON MY DAUGHTER, BRO. On my daughter, bro. On my daughter, bro. I'll put this [ __ ] ON I ONIX, BRO. I'LL PUT THIS [ __ ] ON ONIX MARINE, BRO. >> WHAT'S THIS YOU? >> BRO, so can you Wait, bro, before you put me in Can I talk to you for 5 These [ __ ] tight as hell. These [ __ ] tight as hell. I can't talk to you. >> Anything else on you? >> No, I can't talk to you, bro. >> No, I'm not TALKING ANYMORE, MAN. >> WHY, BRO? I HAVEN'T DONE NOTHING WRONG TO YOU, BRO. >> I KNOW, BUT there's things we got to do, man, and I ain't got to stand out here and talk to you any longer. Oh. Weapons under the disability, carrying concealed weapon, improper handling of a firearm in a motor vehicle, and possession of drugs. >> WHAT'S THAT? WHAT DRUGS, BRO? >> Drugs that were located in the bag. >> No, I DIDN'T HAVE A BAG. FOR ONE, FOR TWO, BRO, WHAT THE [ __ ] DO YOU MEAN IMPROPERLY HIT? MAN, BRO, can I bond out today, bro? Can I bond out tonight? Can I bond out tonight? Bro, all right, man. AND WHEN I GET IN THERE, I'M KILLING MYSELF, [ __ ] [ __ ] Y'ALL. DON'T put this up, bro. I don't NEED THIS, BRO. MOVE, BRO. NO. NO. NO. And you're not stronger than me, little [ __ ] I swear to God you're not stronger than me, bro. [ __ ] [ __ ] [ __ ] you over, [ __ ] NO, [ __ ] THIS, BRO. BRO, AH! [ __ ] I DON'T KNOW WHY YOU TREATING ME LIKE I'M A [ __ ] ANIMAL. >> WE HAVE to wait, man. >> Bro, I've been in here for 30 [ __ ] minutes. >> Well, trust me. They will tell us when we can get you out. >> Bro, I shouldn't even be in here, bro. >> They're going to be showing us when we can get you out. >> What the [ __ ] do you mean? I got I'm handcuffed in the cage. What the [ __ ] choice do I have? You, come on, bro. You told me you you told you you gave me your word you were going to help me, bro. >> I did it. You didn't. I get charged with everything. >> What I got charged with [ __ ] that Bro, okay. You charging me with weapons under disability. Cool, bro. You charging me with possession of what? >> Uh the drugs that were in the bag. >> What drugs and what bag? I didn't have a bag, officer. She was lying. Man, bro. Can I bond out today? >> Probably. It depends on them. That's not us. >> What is like Okay, so can y'all Wait, but bro, can I can I use my phone so I can get my number out of it, bro? >> They ain't going to give you time to get numbers out of me. >> They're not going to do that so I can get my loot, bro. Last time y'all did this [ __ ] bro, I came in here at 2:00 in the afternoon, bro. I didn't get booked until 6:00 in the morning, bro. >> I doubt that happened. >> Bro, I swear I swear to God, bro. >> All right. Now, look, if you If you give them a hard time, they'll You make you stay >> I'm not giving Bro, I'm trying to give you a great time. >> Come on. Come on. >> I did not [ __ ] >> Don't blame me. Let's go. >> Come on. Come on. Come on. >> So, the other [ __ ] ain't going to jail? >> No. >> All right, I'm not going to lie, bro. Y'all let me out, when I get out, I'll beat the [ __ ] out that [ __ ] bro. Call it what y'all want. Charge whatever y'all want. Charge it cuz I'm here saying it. I'm going to beat the brakes off that [ __ ] when I get out of here, bro. >> Outcome: The backseat passenger was arrested on weapons under disability, carrying a concealed weapon, improper handling of a firearm in a motor vehicle, and possession of drugs. The driver faced a red light citation, and the other occupants were not taken to jail. At the time of this analysis, the outcome remains unknown. The initial officers receive a B minus. The stop was lawful, the firearm was secured by consent, and the search rested on a defensible automobile exception theory. The deductions are for the license demand and the vehicle open carry remark, which added friction and legal imprecision. The standard is Wren for the stop, Ross for the search, and a tactical duty to state the law accurately. Legally sound, tactically noisy. The supervising officer receives an A minus. He separated the parties, delivered Miranda at the right moment, and explained the disability statute in plain language. The deductions are for asking about the gun after an attorney request without fresh warnings, and for promising to see what he could do before confirming what the system would allow. The standard is Edwards and Bradshaw plus honesty about discretion. Strong communication, one avoidable exposure point. The driver receives a B. She complied throughout and never escalated a volatile stop. The deduction is for conflicting accounts of who was driving that surfaced during the separate interviews because shifting statements weaken credibility. The standard for a driver is compliance and consistency. Calm cooperation undercut by shifting facts. The backseat passenger receives a C plus. Disclosing the handgun and asking officers to secure it were legally correct and genuinely cooperative. Everything after that, the constant arguing, the on-camera warrant explanation, the threats, and the talking after his attorney request increased his exposure. The standard for a person in custody is to stay brief, calm, and silent after invoking. Right instincts, wrong sequence. Lesson one, disclose calmly and let officers secure the weapon. Under Arizona versus Johnson, 555 US 323 2009, an officer may frisk a passenger with reasonable suspicion that he is armed and dangerous. So, a disclosed firearm invites a protective pat-down. Here, asking officers to take the handgun was the right way to manage that. Lesson two, bags in a shared car become everyone's problem. Under Maryland versus Pringle, 540 US 366 2003, officers may arrest occupants when contraband is unclaimed and probable cause suggests a common enterprise. Here, the officer said the other occupants pointed to the passenger, which is what made the drug count possible. Lesson three, invoke clearly with then stop talking. Under Davis versus United States, 512 US 452 1994, a request for counsel must be unambiguous, and asking for a phone to call an attorney may not qualify. Here, saying I want a lawyer and nothing more would have ended the questioning cleanly. Lesson four, everything on camera is evidence. Under Ohio Rule of Evidence 801, Division D2, a party's own statements are not hearsay when the state offers them. Here, the warrant explanation, the arguments, and the threats are usable material without any officer having to testify. Lesson five, for law enforcement, keep the stop tied to its mission. Under Rodriguez versus United States, 575 US 348 2015, an officer may not extend a stop beyond its purpose without reasonable suspicion. Here, the visible contraband supplied it, but officers who cannot articulate that suspicion risk losing everything that follows. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. We read all of them. If there is a body cam interaction or legal question you want covered, let us know.