You're not searching my [ __ ] vehicle. >> I give you the sink to search my vehicle. >> I don't care. >> Stop. Now you're going to GO TO JAIL. >> NO, I DO. >> OH, MAN. We're going to find all your math now. >> Oh, yeah. All my math. Yeah. Okay. >> Sarasota County, Florida. >> A traffic stop over a tag that does not belong on the car. A driver certain that one refusal would protect her. The law disagreed. This analysis examines body cam footage recorded on November 12th, 2024. The central issue is what officers may search without consent and what a refusal actually accomplishes. >> How you doing? >> Hi. >> You got your license on you, too? >> What are you doing? >> So, couple things. One, you're not wearing a seat belt. And to the tag on the car, the last two characters, all the green is missing. So the tags, so you can't read those last two characters in the show. Not a big deal. It's just a minor. So um do you have the registration for the tag that's on the car? Cuz that's not this >> that's not the tag that's on it. What tag? >> E78 something. That should be the tag that's on there. >> It's an E78 something or that's on the back of the car. So 194 1074. Can you advise what that 28 comes back to? >> Is that like an old tag of yours or >> can't remember? >> Here, I'll show you. See, it's supposed to be IB9. >> Supposed to be IB9. >> It shouldn't even be Sarasota County. I'm not I'm not from here. [laughter] >> So, we can work past that. Um, do you have insurance on the car? >> Yeah. Can you pull it up on your phone or >> Where are you off to today? >> Um to Charlotte is Darling. >> Okay. >> So that tag that's on it expired in 2015. It's not assigned to any vehicle. I don't know. So, maybe somebody switched my my tags or something cuz I have I have a regular tag. I mean, I don't know why I would have put that one on there. I mean, I have a tag for it. The tag that was on there. I haven't lost a tag. I haven't You know what I mean? I don't know why that was on there. Maybe somebody switched it or >> I don't I don't know what to tell you. >> I don't know. I don't know either. Here is what he says his dream to spur. I think Do you know who you're in charge through? >> Derry Land. >> Here we go. There's that back. Um, I'm going to hold on to this >> just to double check the correct registration that's on it. >> Um, >> so I'm not going to up and take you to jail for having different tags on it. >> Thank you. I appreciate that cuz I don't know where the my tag's at. >> I got you. Um, just give me a minute. >> I just got a new registration, too, so I had to put a new sticker on. I didn't even realize that it should be Charlotte. >> All right. It very well could have been, you know, someone switched tags around or someone at your house or boyfriend, kid, something. Yeah. >> But, uh, just give me a minute. Is everything's good with your license, not suspended or revoked, nothing like that. Just give me a minute. I'll get back. >> Thank you. She swears that that tag she doesn't even know where that tag came from. But you want to uh >> Yeah. >> You want to see? >> Yeah. >> Hi. How are you? >> How are you? Good. Well, Officer Mills, I'm just here to help him out. Okay. >> What happened with your tag? >> Is this your car? Yeah. >> Trying to figure that out right now. >> Did you have the registration for this or No. >> What's that? I'm sorry. >> Yeah, he's got it. >> Yeah. >> What's your What's your first name? >> Sarah. >> Sarah. Sarah, um, while he's writing up your paperwork, do you mind if I just search your vehicle real quick? >> No, you're not searching my vehicle. >> Okay. >> What do you need to search my vehicle for? >> Just a question. It's part of my job. >> Okay. Well, I've done nothing wrong to to, you know, >> you're right and that's why it's a question. >> Okay. Thank you. >> Did you have a Charlotte tag on it? >> It was. Yeah. >> Yeah. I don't know how it would have got switched or I mean I don't I didn't do it. >> Yeah, I'm not sure. >> Damn. What happened? Got a big hole in your door. >> My boyfriend. >> Uh-oh. That's not good. >> Is that how all that happened, too? >> No. No. This This This is like This is the radio goes right there. >> Oh, okay. We can pull it off to change radio out. Yeah. >> And the tap off. What do you hit that with? Sledge >> hammer. >> Did a good job. >> Yeah, I'd say so. >> Yeah. >> Not very nice. >> Put a hole right through it. You know what I mean? >> Yeah. That's not very nice. >> No, not at all. >> Who's your boyfriend? >> You don't know him. >> Just curious. Tell him I'm I'm late for an interview. If you could like >> Yeah. Yeah. >> He's He's going. >> New job. Said you getting a new job. >> Yeah. >> Nice. >> What time's your time's your uh appointment at? >> 3:45. >> What is it? >> 3:45. >> 3:45. >> Yes. Damn, they ain't making it now. >> What time is it? >> 3:38. Where's it at? >> Kids Highway. >> Oh, yeah. You got to leave earlier. You never would have made it anyway. I >> would have made it if you could have found my keys. >> Uh-huh. real. >> You guys do this to everybody you pull over? >> Yep. >> Why? >> It's part of my job. >> Just stand there and creep up on somebody like that. Did I creep up on you? I walked up and introduced myself. >> You just did. You just did it on this side. >> Yeah. I don't want to get hit by a car. >> Have you never been pulled over before? >> I've been pulled over a few times. Yeah. I've never had this before, but whatever. >> All right. I'll get around. Start searching it. All right. You want to have her get out before I end up telling >> Ma'am, can you hop out on that side for me? >> What? >> Cuz I asked you to hop out of the car. >> Why am I hopping out of the car? >> I'm not going to ask you again. Can you get out of the car, please? >> I would like to know why I'm being asked to get out of the car. >> Please don't make me come around the car and remove you from the car. Get out of the car. >> I don't have to get out of the car. Just tell me what to do. Just You going to get out or am I pulling you out of the car? >> Why am I getting out of the car? >> The car is getting towed. >> But why? >> Because the tag is not assigned to this. This can't be on the roadway. >> You have one second to get out or I'm pulling you out. >> Okay. Well, can I shut my car off? >> Get out of the car. >> Jesus Christ, dude. >> Jesus Christ. You don't listen. >> What are you doing? >> Can I bring him into this? >> Stand over here. >> It's an easy way to go to jail when we keep giving you golf. >> But you need to tell me why I'm getting out of my car, though. Yeah, the car is getting towed. It can't. >> But you didn't tell me that until the last minute. You just did. >> And you still didn't listen. >> I didn't listen. I said, "Can I turn my car off?" >> Okay, just relax. >> You need to relax. >> Why are you guys Why are you driving around with a tag on it that doesn't belong? >> I didn't know that it was the wrong tag. Okay. >> I didn't even know it got >> You know which tag belongs on it? Do you know the license? >> My tag goes on it. >> What is it? >> I don't know the tag number. >> You don't know the tag number? >> You don't know the tag number? >> Do you have the registration? >> Yes, I can do That would have that would have the correct tag number on it. >> Okay. Well, I don't know where my tags at then. >> Okay. Well, you should know that before you get into a car. >> I mean, I don't look at my tag every time I get in the vehicle. >> Okay. Is this car registered you? >> Yes, it's registered. >> Okay. So, who who would be taking the tag off your car? >> I have no clue. Somebody in a parking lot, maybe. I don't have no clue. >> All right. If that's the case, just be cautious and if it gets stolen, call us to report it. >> I just I didn't know that was until just now. >> I understand. I imagine there's insurance on it. >> Yeah, of course there's insurance. All right. Yeah, it's actually a crime. A lot of people don't realize it. I'm not saying you put this tag on it, but some people will put a tag that doesn't belong it and it's an arrestable offense. Again, I'm not saying that you did it, but some >> Let's be reasonable and realistic with one another. If you were in a parking lot and somebody took the tag that belonged on the car off of it, you would at least recognize that that tag is no longer on it. Therefore, you would have put another tag on it. Unless they switched my tag with theirs. >> Unless they switched. Yes, exactly. That's the That's the only thing I can >> Yeah. >> But I mean, I drive my car every day. I would know if there's a a new tag on it or a different tag. >> I don't really pay attention to the tag. >> Okay. >> You know what I mean? [clears throat] >> Yeah. What's >> I didn't even know what the tag what the tag number was to begin with. >> Okay. >> Well, again, it's on your on your registration. >> Right. Right. Right. But I mean, I don't know. I just figured the tag that's on it is my tag. Yeah, if you can't find it, if you end up going home today and you're able to find the right license plate on it, >> make sure that goes right back on it. >> You guys can't just let me know. You don't have to tow it. >> No, it can't be on the road. >> It can't be on the roadway. No. >> Well, can I Can you just leave it here until I can go find my tag at the house? >> The car is getting towed. We're not taking it to jail over it. You could be going to jail. >> But I don't have the money to get it out from towing, though. That's the thing. >> Okay. Well, I understand, but it's >> You don't understand. You let me just leave it here and then I go look for the tag real quick. >> I I understand that people have financial issues. We have a job to do. That's that's where we're on. >> But it's not I mean it's not going to go anywhere. >> It can't stay here. It can't just No, it can't. >> You give it like 24 hours. >> No, that's not the rule. I appreciate you trying to educate me on how this works, but that's not how it works. >> [groaning] >> I'm going to call >> in a few minutes. Stay outside of the car. >> Yeah, she's real uptight about whatever's in that car right now. She almost got yanked out. Did she end up giving you insurance? >> Yeah. She's saying, "Oh, somebody uh in a parking lot must have taken my tag off and put this tag on." Okay. Probably what she did, she's going to go pick up the girl. She >> maybe want to start going through it. >> But even Yeah, I will. But even then, like they have a good decal sticker on it, too. So they must have cuz there's no way this tag that expired what 15. Yeah. They must have >> Well, she said that she put the new decal on it. >> She said that? >> Yeah. She's like, "I just put the decal on it." So, you're telling me when you go to put the red, you don't notice it's the wrong pet. >> So, you said you put the decal sticker on this the Okay. >> Yeah. Anyways, I have to inventory it. Do you say you need your phone out of the car? >> My phone, my purse. Yeah. >> Okay. All right. I don't like What are you doing? Stand over there. >> Why can't I get my phone in my purse out of my out of my truck? >> I'm not being arrested. >> All right. >> You can inventory anything. >> Yeah, it's getting inventoried. It's getting towed. So, we have to inventory it. You're worried about what's in that car. >> I'm not worried about anything. I'm just I'm not worried about anything. You're just being a [ __ ] about this. >> Really? >> Yeah. >> How? >> You know, you know why and you know how. >> I know why and I know how. >> Yes. Yes. >> You've been difficult since we started this. >> How about that being difficult? Cuz you're saying that I'm creeping up on you and I myself. I don't know how you creeping up on me on the other side and you stood there like, you know, just like this. >> Yeah, we have a job to do. I would encourage you job is just sit there and watch over me the whole entire time I sit there. Well, I've never had that done before. >> Well, first time for everything, isn't it? >> Okay. Well, I guess so. Like I said, first time for everything. Yep. >> First time it happened, so my bad. >> Okay. Well, there you go. There's your There's your me. Get out of the car. Get out of the car. You're talking about getting out of the car. I don't have to tell you yet why. No, I don't. >> You don't know as much as you think you know, sweetheart. >> Sir, sit against the car and don't walk up on me again. >> Go get your phone when we're done. >> You're not searching my [ __ ] vehicle. I'm not giving you the sick to search my vehicle. >> You want to bet? >> No, I'm not. >> That's fine. >> I'm not giving you search my vehicle. >> It's called an inventory search. >> I'm not giving you my vehicle. Learn the law. Inventory. Learn the laws. You need to do it in I'm not going to back up. >> I don't care. >> Stop. Now you're going to go to jail cuz YOU DON'T LISTEN. >> WHAT I DO? What I do? >> You don't listen. >> What do I do? >> How many times did he tell you not to walk up behind >> search vehicle? Pretty simple. >> You better find whatever's in there. Simple. I'm not going to get their vehicle. >> You don't need to do You do need to search vehicle. >> No, you're right. >> Love to see where you got your laundry from. >> Say that. You can just >> Oh, man. We're going to find all your math now. >> Oh, yeah. All my math. Yeah. Okay. >> Then I think I'll just listen. It would be so much easier. >> No. >> Issue one, the stop. Ren versus United States 1996 holds that any traffic violation justifies a stop, whatever the officer's motive. Florida requires seat belts under section 316.614 and legible plates under section 316.605. Issue two, the tag. Florida statute section 320.261 makes it a secondderee misdemeanor to knowingly attach a plate or sticker not assigned to the vehicle. Knowledge is contested and applying a new decal to the wrong plate weakens a claim of ignorance. Probable cause made arrest available. Atwater versus city of Lago Vista 2001 allows arrest for even a minor offense committed in an officer's presence. Declining to arrest was discretion, not obligation. Issue three, consent. Schneckloth versus Bamonte 1973 holds that consent must be voluntary and may be refused. Rodriguez versus United States 2015 bars prolonging a stop for such a request. Here paperwork was still underway, so no delay resulted. A refusal ended the request and supplied nothing more. Florida versus Boston 1991 holds that declining to cooperate without more gives no objective justification for further intrusion. Issue four, the exit order. Pennsylvania versus Mims 1977 lets officers order a driver out of a lawfully stopped vehicle without giving a reason. Marilyn versus Wilson 1997 extends that to passengers. Demanding justification does not suspend the order. Issue five, the impoundment. A vehicle with an unassigned tag cannot lawfully travel or remain in the roadway. South Dakota versus Operan 1976 recognizes inventory of lawfully impounded vehicles as an exception to the warrant requirement. Colorado versus Bertine 1987 requires standardized criteria and Florida versus Wales 1990 forbids using an inventory as a pretext for rumaging. Within those limits, no warrant, probable cause, or consent is needed, so refusal cannot block it. The defense's strongest argument is sequence. The search order and the first mention of a toe came within about 20 seconds. The state must show a standardized empoundment policy existed and was followed. Issue six, resisting. Florida statute section 843.02 2 makes resisting an officer without violence a first-degree misdemeanor. The state must prove the officer was lawfully executing a legal duty. So, every earlier step decides this charge. Force is judged under Graham versus Connor 1989 by objective reasonableness from the officer's perspective, weighing offense severity, immediate threat, and resistance. Closing distance on an officer midarch after warnings supports proportionate control. >> You just made something so difficult. That didn't have to go. >> He doesn't need to search my vehicle. >> Okay. You also don't need to walk up behind him after he told you exit. How many times they tell you? Don't walk up behind him. What do you do? >> He was He was looking at me when I was walking up to him. I wasn't walking up behind him. He was watching me. >> Let me explain something to you. Okay. The tag that's on the car is not supposed to be on it. So, we have we have to take the tag off the car. >> Okay. >> Okay. >> Without a license plate on the car, the car is not allowed to be operated on the roadway. So, it has to be towed. It can't be left here. It's a highway obstruction. You said there was no wasn't going to sight me for it. >> I said I wasn't going to take you to jail for the mismeter attaching tag. Not a sign is what I told you. >> That's fine. But he doesn't need to search my vehicle because I because >> it's an it's an inventory search cuz we have to document what's in the car because it's being towed. >> Okay. Now you're going to jail for obstruction because you don't listen. >> What did I do? Obstruction of what? >> Obstruction of our duties. So first you don't get out of the car when they tell you >> why he's searching my vehicle. >> First you don't know why he's searching. >> First you don't get out of the car when he tells you to get out of the car. Cuz you told me to you wanted to give me a reason to get out of my car. >> We don't have to give you a reason. We tell you to get out of the car, you get out of the car. That's US Supreme Court. >> You guys the cops are being given a bad rap and that you need to tell somebody why they're getting out of the vehicle. There's three of you and there's one of me. >> Okay. Well, I was getting out of my vehicle. >> There was two of you or two of us cuz I was in my car. >> Okay. Well, there's three of you pulling me over and one of me. >> Okay. >> I want to know why I'm being asked to get take to get out of my >> Because he told you get out of the car. That's the only >> That's not the reason. >> That is. And I gave you the actual reason. I told you >> at the last MINUTE AND THEN I GOT OUT. >> NO, I said it's getting towed. It can't be on the roadway. >> Yeah. At the last minute and then I got out. >> I didn't. You asked me and I answered and then you didn't get out. So you >> Yes, I did. I was getting I was turning my truck off for starters and getting my purse in my >> walk up behind me and then you >> I wasn't walking behind you. You were looking at me when I walked up. >> Not the second time. That's why you were on the ground. >> You were looking at me when I walked up. >> I know you. You know me. I've found meth pipes on you in the past. I hope there's not more in there. >> Okay. But you don't need to be going through purses and all. >> We're going through everything >> because you're That's why. >> Okay. >> That's why you want to go through my >> breaks in the last two times. Not today. >> She sucks. >> Was she like that like from the start? Difficult. >> I don't know what her deal is. >> Yeah. Keep an eye on her. >> There must be a lot of dope in this car. >> Yeah, she's losing her mind >> for her to be acting that way. 21. >> There we go. >> Nope. >> Yep. >> It's not even a lot. I don't know why she's acting like an idiot. stupidity always. >> I've stopped her like two other times. I've never seen her like this. >> And I've always cut her brakes, but today she doesn't get any brakes. >> Yep. Yeah, I'll look in there in a minute. >> I'm going to grab a flashlight to dig down in there all wound up. Old Sarah, she can't afford to get her car out of the toward, but she can afford nothing. Amazing. Is that further down towards like uh >> Gotcha. Show me thumbs up. >> Hello Alison. >> Hello Um, >> huh? >> So, thank you for coming. You're >> welcome. Does she or what did you guys for? >> Yeah. You want to come over here on the concrete? Have you ever gone to jail before? >> Yeah. Of course. All right. So, you know, when we get there, if you have something that I don't find, it's a minor charge, right? So, if I miss anything, it's going to be an issue. >> Do you have anything big pockets? All right. Um, >> is he going to go in your car? >> Yeah, that's fine. >> Just want to check the socks. Whatever. >> Yep. >> Sit down. Yes. Good. You can swing your feet in. I'll put the AC on for you. >> What are you doing? So, you open your mouth. Put your tongue up. Gracias. >> Can you call my boyfriend for me and tell him I'm going to jail? >> Who's your boyfriend? >> His name's Ron. What is it? >> His name's Ron. Does your phone have a password? >> Yeah, I would. >> Hey, >> I'm going to jail. >> Jail? >> Shut up. What? What? >> Iing? Yeah. Sarah, are >> you kidding me? Hey. Hey. Are you okay? I guess. I guess they want to search my [ __ ] to tow it. They had tow it. >> And you know you know you know who's up here. So >> what's that? >> You know who's up. You know what I mean? >> What did you get for >> the tag? Tag. >> Yeah. But wait. Why do you want your tag? >> Uh cuz two of the letters are are like brake cleaner. Sarah, I'll get you out of there. >> And then you know who pulled up. So my vehicle get to there's no reason for my vehicle. >> I'm not giving consent. >> They did it anyway. >> Anyway, >> are you okay? >> I'm fine. >> I'm fine. Stop. Stop. I'm fine. >> I know. Okay. Don't Don't uh don't just be be calm and just do what you say and I'll get you out. Um, I don't have I don't know how I don't have [ __ ] money, but I call Mike or something. >> Oh, first exit. >> First exit bill. >> Yeah, Chris. >> Okay, I'll call him right now. Right now. >> Bye. Bye. >> Bye. >> I'm not going to ask you any questions, but this day was a long time coming. Don't act like an idiot. >> I wasn't acting like an idiot. >> I mean, did you really think that he was just going to let you walk to a car when my back is facing towards you? Your back wasn't You were looking at me >> the first time and then I said, "Don't walk up on me again." And you did it again. When my back was turned to you, I was looking in the driver's side compartments and then I hear you hit the ground. You're not going to win and you're freaking out over a couple grams of meth. Who cares? >> That's not the point. Even though you didn't I didn't give you consent to search. >> Doesn't matter. You don't understand the law. That's your problem. You can laugh all you want, but like I should have taken your ass to jail on two different occasions. Now we have a good reason to >> issue seven. The drugs suspected methamphetamine found in a valid inventory supplies probable cause. Florida statute section 893.13 makes possession a felony and the pipe adds a paraphernalia offense. Issue 8. Miranda, no adisement is audible. Miranda versus Arizona 1966 applies only to custodial interrogation. Burkimer versus McCarti 1984 treats routine roadside questioning as non-custodial. Volunteered remarks fall outside Miranda entirely. The phone raises a separate limit. Riley versus California 2014 requires a warrant to search a phone seized during an arrest absent voluntary consent. Per the original video's account, the outcome was felony possession charges, a resisting charge, and an 18-month sentence. Independent court records could not be verified. The primary officer receives a B. Two independent violations supported the stop. The tag investigation was thorough, and he declined to arrest on a misdemeanor. However, the sequencing of the search left avoidable fourth amendment questions. Officer Mills, the backup officer, receives a B minus. His tow and inventory explanations were accurate and repeated warnings gave the subject chances to comply. However, seeking consent before any independent suspicion existed, and an escalating tone cost points. One concern applies to both officers. Personal remarks toward a detained subject, and a mocking exchange about her finances fall short of professional standards and follow an officer into every accountability review. The subject receives a D. Refusing consent was her one legally sound decision. delaying a lawful exit order, closing distance on an officer during a search after warnings, and possessing methamphetamine compounded her exposure. Her premise that consent controlled the inventory search is answered by Oper and Bertine. A rights assertion works only when it fits the governing doctrine. Lesson one, partial legal knowledge is hazardous. Knowing that consent may be refused does not answer whether consent is required. Each right attaches to a specific situation. Lesson two, an exit order during a lawful stop is non-negotiable. The remedy for a disputed order is a challenge in court afterward, not refusal at the roadside. Lesson three, for officers, sequence and words matter. Documenting the empoundment basis before searching and avoiding commentary a court will replay protect the case. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching.