Stay by the vehicle. Come on, >> Dad. >> Come on. Stay by the vehicle. >> Let me go. I'M GOING TO GET OUT. I KICK YOU IN YOUR FACE. HE'S ABOUT TO LET ME GO. >> GO AHEAD. I'm not playing this game. What's the problem? >> He's touching me. >> Be still. >> Touching me. >> Be still. Calm down. Be still. >> Be still. CALM DOWN. AN 18-year-old driver, three unbelted children, one Palm Beach County deputy, a speeding stop on East Main Street that ended in handcuffs. Every decision that followed can be measured against Florida statute and Supreme Court precedent. >> 12 1150 going be I'm going to be on North Barfield Highway and East Main Street on a red Hyundai Electron Elantre. >> How's it going? Deputy Apple with Palm Beach County Sheriff's Office. need your driver's license, registration, proof of insurance, please. >> Hey. >> Yeah. >> Hello. >> I did. >> Ma'am, >> driving. >> I need you to get off the phone. >> No, we just came from school. I just want to get from school. >> Ma'am, I'm going to tell you one more time. Get off the phone. >> My mama call. My >> I It doesn't care. I It doesn't matter. >> Not talking to me. >> No. 70 77 miles an hour on a 35 is unacceptable. So, I need driver's license, registration, proof of insurance, please. >> Let's try this again. I need driver's license, registration, proof of insurance, please. >> Ma'am. All right. I need you to step out of the vehicle. >> Step out of the vehicle. Come on, >> Dad. >> Come on. Step out of the vehicle. >> You trying to >> I'm not going to tell you again. Step out the vehicle. >> Step out of the vehicle. You're You're failing her. You're failing her. >> My I'm on >> I don't care who you are on the phone with. I need you to step out the vehicle right now. >> YOU BETTER LEAVE ME ALONE. I'M NOT DOING NOTHING TO HIM. I'M SITTING in the car and I pulled over. >> Ma'am, I need you to step out of the vehicle now. >> All right. >> That he got that he tried to put me hands up. Stop touching me. STOP ME TOUCHING ME. >> I need you TO GET OUT OF THE VEHICLE NOW. >> STOP TOUCHING ME >> NOW. >> DADDY IS BRO, don't touch me. >> Get out of the vehicle now. >> Touch me, bro. I'm not playing with you. Don't >> get out of the vehicle now. >> Don't touch me. >> Right now, as of right now, you're under arrest for resisting. So, come on. >> I'm not under you touching me. Stop touching me. WHY YOU TOUCHING ME? I CAN GET OUT. DON'T TOUCH ME. >> NO, YOU'RE UNDER ARREST ALREADY. >> Touching me. WHY YOU TRYING TO GET ME OUT OF THIS CAR? HE TOUCHING ME. >> ALL RIGHT. We're We're not We're NOT PLAYING THIS GAME. >> NO, HE GOT HIT. GET OUT OF THE VEHICLE NOW. >> GET OUT OF THE VEHICLE NOW. >> GET OUT OF THE VEHICLE NOW. >> SHUT THE [ __ ] UP. >> Get out OF THE VEHICLE NOW. >> SHUT THE [ __ ] UP. >> Get out of THE VEHICLE RIGHT NOW. >> COME ON. TRYING TO PUT ME in handcuffs. I'm not under arrest now. >> I'm under arrest. LET ME GO. GET OUT. LET ME GO. I KICK YOU IN YOUR LET ME GO. >> GO AHEAD. >> Let me go. I'M GOING TO GET OUT OF THE CAR. WHY YOU KEEP TALKING TO ME? >> GET OUT. Get out now. >> Stop leaving. >> Show up 11. Can I have money before I step off? >> What you touching me for? I don't get out of the car. >> Get out of the car now. >> Get out of the CAR NOW. >> STOP TOUCHING ME. I'M LETTING MY WHIP. STOP TOUCHING ME. >> GET OUT OF THE CAR NOW. >> GOD. >> Get out of the CAR NOW. SHE KEEP TOUCHING ME. >> GET OUT OF THE car now. >> We're not playing this game. >> What you touching me for? >> Turn around. Turn around now. >> You're under arrest. For real. >> I'm not playing this game. >> I'm not playing this game. >> He's touching me. >> Be still. >> Touching me. >> Be still. Calm down. Be still. Calm down. [screaming] What do you think? [screaming] >> [screaming] >> Get the out, [ __ ] >> SHUT UP. >> GET YOUR ASS OFF ME. >> Listen to the club. >> Let me go. >> LET ME JUST LET ME GO. [screaming] >> STOP. JUST COME BACK. LISTEN, YOU JUST MAKING up 11. I have LEFT [screaming] ME. GET RID OF ME. GET OUT OF [screaming] MY DOUBLE. [screaming] YOU KNOW WHAT HE let me adjust. >> I must finish adjusting. You got to be still [screaming] ma'am. >> Hey, be still. LET ME ADJUST. ALL RIGHT. >> OKAY. [screaming] All right, there you go. >> They adjusted. >> They adjusted. >> Why you doing? I don't care whose people is. I'm not scared. I'm on purpose. >> Listen. >> He know what he was doing. >> Listen to me. They just >> listen. What? She has a >> person. I don't want >> I want to have one black female. >> Sit down for a minute. Sit down for a minute. Please sit down. >> This my niece. >> Sit down. >> Let us secure this. Then we won't talk. You're making You're making things worse. Please sit in the car. Sit down. >> Please sit down. There you go. >> I'm down. >> Okay, relax. >> No. >> [screaming] [laughter] [screaming] >> I am COMING [screaming] PERFECT. >> I'm looking. I swear to God. I swear to God. I swear to God. >> Hey, listen. Can I tell you something? Are you listening to me? Listen to me. You have to calm down. >> He should [laughter] now put his hands on me. >> Are you listening to me? But listen, listen to me. Listen to what he has to say. I don't know what happened. >> No, I don't want to hear none of that. And he should never put his hand on me. He touched me and the car snatched me out of the car. What you trying to put your hands on me for? You don't know me. >> It's okay. I got something for him. Watch. >> Listen to me. You have to calm down. Okay. >> I'm not calming down. Nothing. He put his handcuffs on me tight on purpose. He tried to snatch me out that car. He put his hand on me. Touch me. He don't even supposed to be touching me. What you touching me for? You don't got to touch me. What you touching me for? Okay. >> Listen. Can you calm down? Just a minute. Please let me talk to you. Okay, calm down. >> All right, calm down. >> All you had to do is listen to what he was telling you to do. That's it. >> I told him I was on the phone with my parents. He said, "I don't care what you doing. I don't care what you doing." And open door, start touching me. What you doing there for? I never saw no officers do that. He's just mean and ugly. And that's why his ass go put these handcuffs on me so tight. You need anybody else? Nah, you can catch everybody else. All right, so this is simple. I'm on East Main Street. I'm sitting there. This Honda flies right by me. >> Okay, >> fast. Yeah, >> real fast. >> Okay. >> 77 mph. I have it. >> That's going to be 104. I had to catch up to her and go up to 90 miles an hour to catch up to her. When I pull her over, I get to the window. She automatically is on the phone. I'm like, I'm trying to introduce myself and tell her the reason >> why I pulled over. >> Now, she has no seat belt. The other kids have no seat belt on. Okay. Nobody has seat belts on. She's going super fast and that's literally endangerment for the other two kids. >> Yeah. Yeah. Yeah. >> Okay. >> Yeah. And when I tell her I need the driver's license, registration, proof of insurance, she ignores all all all lawful commands on that >> multiple times. I told her, >> yeah, >> two time and it's all recorded. >> Oh, tell me >> two to three times. I need you to get off the phone >> and Yeah, I heard I heard you saying that with my other daughter phone >> and that's it. I just need that. And I gave her multiple times to to actually comply. She failed. So I told her I need to step out the vehicle at this point. She's still failing to obey my lawful order. get out of the vehicle cuz she's not she's not going to produce any type of ID. >> No, she cannot be. >> I understand. But she's failing to do all of that and at this point you're resistant. >> Yeah. Yeah. Yeah. >> Handcuffs got to go. She does all this fighting. I don't want to tase her. I don't want to hurt her. I don't want to do anything. But she escalated it way beyond its means. >> All she needed to do was literally just produce that and tell me what was going on. Why was she going so fast? >> And that's it. We were done. >> Yeah. So now she's going to go to jail for resisting cuz she she failed to confide that. She also was going 77. That's 30 over the limit. That's 32 m hour over the limit. >> She got me jail. >> She she didn't comply to my lawful commands several times. >> God damn jail. >> She failed. If I'm giving her more than one time, I gave her three times more. She didn't want to listen. She's going to go to jail for that cuz she failed to ID ID herself as well. So Alan, when you get a chance, if you can get him to give you the 14 of that young girl and then I can write everything up. Oh, triple. >> Yeah. Yeah. >> 12. Okay. Drive mode 774 right there. Chico. Who car? You can take her. I don't want him with her >> cuz all them people said that she that he was very aggressive with her. Everybody said he was aggressive. Everybody that called me say he was so aggressive with her. She never got pulled by no police. >> She never got pulled. She don't know how to react. She She don't know. Like if she if it never happened, she don't know. >> Slamming her down and doing all that instead of just let her call me and I would have came up. I was on the phone. >> He was right here. Nobody slam her down. She wouldn't calm down. Even when he man that's a problem. >> She's going off. She's doing all that. Ain't nobody standing down. I'm trying to tell her to shut up. Y'all ain't making no situation. >> All of them was just going off doing all that extra trying to be disrespectful. That's what they scared. >> They weren't scared. I don't I got to tell you to shut the up, man. No, this ain't going to damn it was not >> This is not This is not no mother fighting on the street police. >> Man, man, get your ass in the car. Man, >> I got to hear him tell her. Tell him that you don't tell you don't talk to you, man. >> All she had to do was cooperate. >> Ask for the ID. That's all they want. Are you sure this >> issue one the stop under Ren versus United States 517 US 806 1996 any observed traffic violation justifies a stop whatever the officer's motive radar recorded 77 mph in a 35 zone that reading supplied probable cause at the moment of the stop speed classification matters under Florida statute section 316.183 speeding is a non-criminal infraction 42 over the limit triggers a mandatory court appearance under section 38 18.19. That figure falls below the 50 over threshold of the super speeder law. Florida statute section 316.1922. The speeding was a serious infraction but not a criminal offense. Issue two, licensing. Florida statute section 322.03 prohibits driving without a valid license. A first offense is a secondderee misdemeanor, which is a criminal charge. Section 322.15 requires every driver to display a license on demand. Nothing in either statute excuses a delay for a phone call. Issue three, the exit order. Pennsylvania versus Mims 434US 1061 1977 allows an officer to order a driver out of a lawfully stopped vehicle without any added suspicion. Maryland versus Wilson 519US 40897 extends that rule to passengers. The exit order was lawful the moment the stop was lawful. Issue four, the arrest. Florida statute section 843.02 makes resisting an officer without violence a first-degree misdemeanor, but only when the officer is lawfully executing a legal duty. Florida courts generally require conduct, not words alone. Here, the driver stayed seated through repeated exit orders. That sustained refusal is conduct that obstructs a lawful duty. Section 901.15 authorizes a warrantless arrest for a misdemeanor committed in the officer's presence. Atwater versus Lago Vista 532 US 318 2001 upholds custodial arrest for minor offenses supported by probable cause. Once arrest is announced, resistance is not a legal option. Florida statute section 776.051 051 bars a person from using force to resist arrest by an identifiable officer acting in good faith. The remedy is the courthouse. What are you even talking about? What is you even talking about? >> You know, you don't have your ID. >> I couldn't talk. Every time I try, EVERY TIME I TRY, EVERY TIME I TRIED TO TALK, EVERY TIME I TRIED to talk, he said he don't care. I tried to talk, he said, I don't care. I don't care. And then he grabbed me. NO, I WAS NOT. I was on the I was on the phone. >> I was on the phone with you. >> I was on the phone with you and then I was like, I'm on the phone with my mom and he was like, he don't care. >> Now what? Now you got to >> That's my fault. >> Issue five, force Graham versus Connor 490 US 386 1989 weighs three factors. Severity of the offense, immediate threat, and active resistance. Reasonableness is judged without hindsight. Severity was moderate and the driver was seated, but she pulled away, ignored commands, and physical resistance continued. Section 776.05 states an officer need not desist from a lawful arrest because of resistance. The taser allegation remains unresolved. The driver claims one was used inside the vehicle, yet the deputy says on camera he did not want to use one. If confirmed, deployment on a seated non-fleeing subject would demand specific justification under Graham. Issue six statements. Miranda versus Arizona 384 US436 1966 protects against custodial interrogation. Burkimer versus McCarti 468US420 1984 treats a roadside traffic stop as non-custodial. The drivers shouted threat was volunteered not elicited by questioning. Such spontaneous statements fall outside Miranda and remain available for charging decisions. Issue seven, discretion. Child restraint violations under Florida statute sections 316.613 and 316.614 614 are noncriminal. Each of the three children was a separately citable violation. The deputy waved every restraint citation and declined a possible felony threat charge. That discretion was his to exercise and it materially reduced the driver's exposure. >> HE LET ME TALK. HE SAID HE DON'T CARE. [screaming] HE SAID HE DON'T CARE. HE SAID I DON'T CARE. HE SAID I [screaming] DON'T CARE. DANG. But you not understand it. Somebody I didn't know all that. This man said he don't care. He said I don't care. His man tried to put me grab me out the out the car, put me in handcuff, and then he put his hands out on me. What? What else I supposed to do? Like what? He wasn't even the police that taught me. I don't want nobody talking to me. Nobody at all. I don't give a man said he don't care. And this man put his taz on me. This man to tase me. Literally tase me. Tas me in the car, snatching on my arm, pulling on me, doing everything else. And you talking about me like girl that was not my fault. I wasn't even going 70. Lying ass something to you. >> 77 mph. >> I understand. >> On a 35. >> Two other kids under the age of 12. And the other one was how old? The one >> baby six. And yeah, she only picked them up from school. >> I understand that. Look at me. But listen up. >> They saying Yeah, she's in They saying she got She just said that she doesn't have a driver's license. >> She went she took the class like she's in the process. >> Me she too. Like she done took she done took all the steps. She just got to do the driver step. >> Okay. All right. So she got to do the driver. >> You came back with came back with the valid. I got my license. >> The only reason I ain't drive cuz I'm bruised up. Like I understand. So I told her to go get my kids, but she dead ass wrong for driving 77. Like >> not belted. >> All three kids not belted. >> Please don't. >> She has no She has no drive. She has no driver's license. She has no seat belt. The other two kids have no seat belt. A tire pops. She gets into accident. Now I'm have to give you a phone call that your three babies are in the hospital. >> I understand. And the fact that and I get that you was being a dad. >> And the fact that I went in that car and I asked her multiple times, I need driver's license, registration, permission. You were on the phone. >> Somebody was on the phone. >> No, I went her dad was when they called me. I said, listen to this man. >> I said it three times. >> I heard I heard it. That's why >> I told her I need driver's license and she just kept ignoring. Kept ignoring. You failed to ID yourself. >> She She Okay, I get it. >> She's a little ADHD. She's She's a little >> It doesn't justify the fact that I'm asking her. >> She never got pulled. She never got in trouble. >> And then to say that I'm literally hurting her when I didn't even >> I know you ain't hurt her cuz I I could tell you ain't hurt her. She want She was probably going to hurt you. >> But >> she said it. She threatened me. So that could that could be a felony charge right there. But I'm not going to do that. Don't do her. >> She's still going to go to jail for the resistance. You could take her to jail >> because she needs to she needs to take accountability because if your two other babies get into an accident because of her reckless driving when she's trying to get her driver's license, there's no justification for going 77 >> 33. >> I had to go up to 90 mph to catch up to her. What's her excuse? >> She can't have n. Not with that. >> And your baby's in the back. You know how many babies under the age of eight I've seen on traffic uh homicides? Too many. Too many. >> But I'm sorry if she disrespected you, but I'm going to handle this. >> I listen. >> And what her bun going to be? >> It's going to be she's going to see this the judge in the morning. How old is she? >> She just turned 18 December. >> Okay. Well, she got she's going to she's going to go she's going to go to here in the morning, see the judge, and then they're going to be the the bond's going to be there. Set whatever the judge decides to do that. >> So, she got to stay all night. So she's punishing her. >> You could be honest. She probably listen to she probably need it. >> How she talked with you. She was wrong. Like >> but don't don't make the charges so bad cuz she got a real like like she got all A's. But I can show you her P. Like she she don't get into >> I don't I don't doubt she's a good kid. >> Like she don't like. So don't don't mess up what she can't get her real what she's going to get is is just that and that's it. And she's going to get a court date for the for the school. >> She going to have her driver license though. >> She can get the license afterwards. That's fine. But she's going to get the the court date for the uh for the >> Well, she go to court. >> She has to make us stay tonight. >> She's going to talk to the judge and see why she's going that fast. Okay. >> Cuz I could get her for the seat belts, but I'm not going to do that. >> Thank you so much. I appreciate that. >> We're going to let that go. >> I appreciate that. >> But and then again, >> she ain't driving no more. I I hope that she you have a long long spill cuz we're out up here. We don't try to jam people up. We're fair. >> I know. >> And we're very very very cognizant of what the community is. But I'm not here to to hurt people not. But when I see that kind of stuff and that's reckless driving, she can put not only herself, her siblings in danger, but other people. >> Mhm. >> Cuz you know people will be crossing the street right here. >> Mhm. describe her what she need. >> So that's it. Um okay with that. Just don't don't get into what she can get a real she'll be fine. >> She all a student. >> She she will she will be able to overcome this. >> Thank you. >> Okay. All right. So let me sign my paperwork and then um we'll be in touch. I'm going to give it to you right now in a second. Actually, you can take the license. I'm going hold on to this right now. >> Yeah, she can talk to her. We confirmed she has no deal. >> Well, they say you got to stay all night. You go to court in the morning. They going to set you bond. And he said he's not going to charge you with resist. He he going to charge you. He's not charging you with everything he could charge you with, but he could charge you for everything. everything you did. >> He could. >> I didn't even do it. But he was wrong. >> Babe, no. Babe, you was wrong. Babe, you was going 77 and 33. >> Why didn't you give him your IB? >> He didn't ask me. He said, "Can I get your license?" I said I said I don't I said I don't have no license. He talking about I said I'm on the phone. He said, "I don't care. I don't care. I don't care." Then he went then he went and he opened the car and grabbed my seven baby. You was going I keep telling you >> he wasn't touching that man put that hurt you LIKE I JUST ASK MY SISTER MY SISTER said why you pulling that t out of >> BECAUSE YOU WAS ACTING LIKE YOU ACTING LIKE YOU DIDN'T have you was acting like you didn't have sense so he had to react how you was acting >> he been acting like that when he came to the car >> NO YOU WAS GOING 77 33 >> I heard you say this I heard you and I was I called the phone you GOT TOO MUCH GOING ON WITH SCHOOL you f to graduate >> all you got to do told you that >> you WAS GOING TO GRADUATE. YOU ALREADY WORKING ON GETTING YOUR LICENSE. TOMORROW WE SUPPOSED TO WAIT TO GET YOUR LICENSE. YOU SUPPOSED TO WIN TOMORROW TO TAKE THE TEST. ALL YOU HAD TO DO IS SAY, "I DON'T HAVE MY LICENSE." I DON'T CARE. HE SAID, "I DON'T CARE. I don't care." Every time I'm trying to talk to him and tell him I got what he said. I don't care. I don't care. I don't care what I supposed to do. >> Not what you did, babe. >> What you mean what I did? >> Whatever you did, babe. You did, babe. Whatever you did, you did something to me. You you you you bike here. I heard you on the phone saying this. That I know Y'ALL WAS GOING CRAZY BECAUSE Y'ALL are my kids. >> I KNOW WHAT Y'ALL DID. I KNOW WHAT Y'ALL DID. >> HE DIED FOR DOING what he did. >> Sh. Well, >> they might set you a bun tonight. You might have to see the judge in the morning, but you got to you got to go to jail. >> Outcome. The reported result is pre-trial diversion on two criminal charges with dismissal upon completion. No court record confirming this was located at the time of analysis. Deputy Abbott receives a B minus. The stop the document demand the exit order and the arrest each rest on statute or supreme court president. Force appears measured and is charging discretion was restrained. What holds the grade down is communication. The driver said she was on the phone with her parents. He answered that he did not care. Legally accurate, tactically a missed opportunity. The driver receives a C minus. Speeding at 77 in a 35 zone without a license with three unrestrained children created serious danger. More than a dozen lawful commands were refused and physical resistance followed. Limited credit is given for her age and a reported clean record. Context explains her conduct. It does not justify it. Lesson one, a traffic stop creates an immediate duty to produce license, registration, and proof of insurance. A phone call does not suspend it. Lesson two, an exit order is not a request. Lesson three, comply first, challenge later. Resistance adds charges in force and creates footage a prosecutor will use. The proper remedies are an attorney and a civil claim under title 42, United States Code section 1983. Lesson four, deescalation begins with the officer and a brief acknowledgement costs nothing. Lesson five, charging discretion belongs to the officer first, and a driver's conduct in the opening minutes influences how it is