Sure. >> Okay. Why you flip? Why you ran from me? >> I was speeding. I don't think I ran from you. >> I clocked you in 70. Okay. >> Why were you upset? >> My daughter and I are having an argument. >> Okay. >> And that's it. So, I was upset and yes, I should have pulled over. >> All right, ma'am. So, here's the deal. You dispel my alarm that you're not under the influence of an alcoholic beverage, but you are going to be under arrest for fleing and looting. Okay. A deputy stopped a driver who by the deputy's account had sped away through nearly six neighborhood streets. Three sobriety exercises, two charges announced on camera, one arrest. The driver said she was upset after an argument with her daughter. Her answer to the deputy was quote, "I don't think I ran from you." The legal question is whether alleged flight and suspected drinking gave the deputy grounds to detain, question, and test her. >> Why you taking off from me? >> I wasn't. >> You were just taking off from me. Get out the car. Get out the car. >> I've been Listen. >> Step over here for me. >> Listen. Step over here. Step over. Step over here for me. >> Step over here. >> I'm fine. I'm fine. >> I've been arguing with my daughter and I'm sorry. Yes, I was raped. >> I'm sorry. >> Okay. Step over here for me. No weapons in the car. >> No. >> Okay. Do put your hands back for me. >> You're just being >> Let me just put this down. >> Put this down. >> Sorry. You're just being do not do not resist. >> I'm not I'm not >> You're just being detained. >> Street get a shirt. I'm so sorry. I'm not I'm not going anywhere. I was I was not running. >> You just fled for me, man. >> No, I didn't. >> Yes, you did. Come over here for me. I'm not going anywhere else. Just >> lean against my car. Over here. Over here. Just relax. >> I'm not the end of I don't have my clothes. >> Listen, just relax. Relax. >> Lean against my car right there. Just hang out. Take a breath. >> Take a breath. >> I I'm going. >> Do you have Do you have my identification in the car? >> I do. >> You do? Okay. Just hang tight. Is this your car? >> You sure? >> You know me. I'm pretty sure I I know you too. I think >> I'm just going to go right here. I'm not going anywhere. >> That's fine. You can you can stay right there. How can I help you? >> Are you okay? >> Ma'am, I need you to go. >> You all right? >> I need you to go. >> I need you to go. >> Yes. >> Here, I'll give you my name. Is the car under your name? >> Camille. Stay right there. Do you have your mirror on the card on you? Yep. Is >> she drunk? >> Smells like it. All right, ma'am. I got some questions for you. Okay. But before I do so, I need to advise you of your rights. Okay. In order for me to ask you these questions, okay? You understand? >> Yes. >> All right. >> Before we ask you any questions, you must understand your rights. >> You have the right to remain silent. >> Anything safe against you, important. You have the right talk to the law. Before we ask you any questions, you have a right to war with you question. If you cannot hold one will be appointed for you before any question which you desire to answer any questions now present. You have the right to stop answering at any time. >> Do you understand each of these rights I explain to you? >> I do. >> Okay. With these rights with these rights in mind, do you wish to talk to me now? >> Sure. >> Okay. Why you why you ran from me? >> I was speeding. I don't think I ran from you. >> I clocked you in 70. Okay. You acknowledged me. You picked up your speed. You cut through these neighborhoods. Okay. And then you parked right here trying to act slick. >> No, no, no. I knew you parked. Okay. You knew I were coming and you parked right there. Got to got to that corner right there and I saw the headlights on and I knew it was you and I turned around and that's where it led us here now. So my question is why you fled from me? >> I was speeding. >> Okay. You already said that. My question is >> And I was upset. >> Why did you flee from me? >> Why were you upset? My daughter and I are having an argument. >> Okay. >> And that's it. >> So, I was upset and yes, I should have pulled over. Yes, I was speeding. I saw you. I don't I don't think I left or fled. >> So, if you know you should have pulled over, why didn't you? >> I should have. >> So, what prevented you from >> traffic? >> Traffic. What traffic back here prevented you from stopping? >> Not back here. >> Okay. You know that you cut you went through like almost six different streets trying to avoid me, right? How you read speech through this neighborhood >> and then you parked right here making it seem like you're >> No, I wasn't I wasn't trying to like This is not my first day on the job. >> I I understand working today. >> I did have some drinks today. >> How much did you have? >> Three. >> Three. How long ago? >> Um probably about three hours ago. >> Three hours. Okay. It still kind of seems like you're slurring your speech. >> Is that normal? >> Well, considering the circumstances of what I'm going through right now. >> Yeah. >> What does slurred speech have to do with the circumstances that you're going through? I don't I don't know. That's I'm upset. >> I don't know you. That's why I'm asking. >> No, it's okay. I'm upset. I'm super upset. >> Okay. >> And you can look at my phone and see what my daughter sent me and then we'll go from there. >> What were you drinking today? Um, uh, Twisted Teeth. >> Twisted Te's. >> Okay. Let me ask you a question. You say you you I I you you remember me and I you look somewhat familiar. Have I arrested you before for DUI? >> No. >> What? What? Why have I encountered D4? >> Nothing. I work at the urgent care. >> Oh, you do? At the urgent care. Okay. All right. So, that's that's my next step now. Okay. Right now, you appear to me that you might be under the influence of an alcoholic beverage or a chemical substance that is your impairing your ability to operate a motor vehicle safely. Okay. So, would you be willing to submit to field sobriety exercises to dispel my alarm that you're not under the influence? >> Okay. All right. Are you going to behave if I take you off those handcuffs? >> Absolutely. I I'm not in any threat to you guys. I promise. >> Okay. Go ahead and turn around for me. Okay. We're going to go through these exercises. package. >> I need one. >> Sorry. What's that? >> I need one. >> Could I get the one shirt? >> It's a white t-shirt. The police. I'm sorry. I'm so I'm so sorry. I don't even know. I I'm just super upset. And I promise you everything that >> it's not something that I'm about. I'm not about this. >> You understand what you just did was dangerous, right? >> If you would have stopped for me, this would be this would turn out something. You have no idea. My daughter's telling me is she's going to commit suicide. So that's what's >> Where's your daughter at? >> I'm not sure right now. >> Where does she stay? >> Well, she stays with her father and Tamir and here here's >> Do you know the address? I can have somebody go and check on her. >> I'm not going to do >> Listen, now you're now you're making me concerned. >> No, don't worry about it. I'm fine. I'm going to worry about it. Let's worry about something handwritten. Listen, >> I don't want I don't want nothing happening to your daughter. >> I'm lying. And I'm sorry. My actions are not the I I understand. I'm not about that. >> Listen, let's let's let's put this for a pause real quick. >> It's fine. It's fine. I'm fine. >> No, it's not fine. Cuz if your daughter goes and do something that she's not supposed to do, >> I know. I know. And now I'm doing something different. >> She's saying that >> now I don't want anything else. >> She's saying that her daughter lives in Tavanir. She receives some suicide threats from her saying that she's going to take her life. >> Where does your where does your daughter live in Tavier? >> Say anything. I'm not going to start anything. There's >> this is this is important cuz if this is >> with this and then we'll go with the next. >> Listen, if that is true, we need to we need to check on her. >> Well, what's your daughter's name? >> We'll worry about this now. >> Ma'am, what's your daughter's name? >> Sir, >> yes. >> I'm going to kindly ask you guys to just do what you need to do. me. Show me what I need to do. >> If God forbid your daughter hurts herself while we're standing here talking with you, how would you live with? >> What can I do? You know, >> tell us where she is. We can go ask her. >> And then if she sees what's going on right now, it might happen. >> Why would she say that? She's in Tavern. >> Whatever. I Well, y'all are going to arrest me. I already know it. >> So, what exactly did your daughter say? >> Just can we just >> Okay, go ahead and continue on with the Okay. 72 signal one investigation. >> You hear me? >> What's up? >> Okay, we're going to get to this now. >> Good. The driver's own words supply the justification for the stop because she said, quote, "Yes, I should have pulled over." A traffic stop is reasonable when police have probable cause that a traffic violation occurred. That is the rule in Ren versus United States decided in 1996 and the officer's motive does not matter. The deputy said he clocked her at 70 and she told him she was speeding. Admitted speeding satisfies that standard even though the footage never shows the posted limit. Flight strengthens the deputy's position under Illinois versus Wllo decided in 2000. That case holds that unprovoked flight is a pertinent factor in reasonable suspicion, though it does not make flight a crime by itself. The deputy described a driver who sped up and cut through neighborhood streets before she parked. Admitted speeding alone justified the detention, and the alleged flight only strengthens it. Miranda versus Arizona decided in 1966 requires warnings before custodial interrogation. Roadside questions in a routine traffic stop are not custodial interrogation under Burkimer versus McCarti decided in 1984. Custody begins when treatment becomes comparable to a formal arrest, but the deputy read warnings before the questions that produced her admissions under Burgess versus Tomkins decided in 2010 an uncoerced answer after understood warnings is an implied waiver. She said she understood her rights and she answered sure when asked whether she would talk. Her answers are therefore usable, though the recitation of the warnings is too garbled to confirm. On this record, the stop rest on her own admissions. The next question was whether the deputy's suspicion of alcohol would hold up under testing. All right. So, these exercises, um, in order for me to conduct them, I'm going to explain a series of instructions to you. Okay? I need you to pay close attention and understand what I'm trying to tell you. >> Okay? >> Okay. That's very important. >> Okay? >> Okay. Are you sick or injured? >> 111. Your offense is 254. >> Do you have any physical defense? >> No. >> Are you diabetic? >> No. >> Okay. At this time, I'm going to need you to remove your glasses. Okay. Just set them on top of your car. Can I move my shoes since they're >> Do you want to take Do you want to take them off if you don't mind? >> You go ahead and take them off. Okay. >> I'm going to go over here and just tell me when it's time. >> You want to take them off? >> I'll do it. Right. >> Okay. We'll get to that later. We're we're we're at a certain portion right now. Okay. It's not going to involve you walking right now. Okay. >> Do me a favor just due to the sun. Just do me a favor. Just stand where you were at originally. >> Okay. >> Perfect. All right. Like I said, I'm um give you some instructions. Just follow my instructions very carefully. Okay. >> So, at this time, I'm going to be checking your eyes. All right. >> So, during this exercise, I'm going to need you to put your feet together >> and arms at your side. Okay. You see the tip of my pen? That's called a stimulus. >> All right. While I'm checking your eyes, I need you to keep your head steady. Do not >> Do I need to look at that? >> Yes. Okay. >> I need you to keep your head steady. Do not move your head. You're only going to follow the stimulus with your eyes and your eyes only. >> There's >> Do you understand? >> Yes, I do. But there's brush between my feet. >> Do me a favor. Just if you want right there. That's fine. >> Okay. >> All right. Did you understand what I said? >> I did. >> Okay. Just don't move your head. That's all I'm asking. >> Okay. Feet together, arms to your side. Just please >> coming. Your hands are moving. >> Okay. Okay. >> Keep keep following the stimulus. Look at the stimulus. >> I found her Julia Mar. >> Don't move your head. >> Sorry. Your hands are moving. >> It's not moving. >> It's shaking. >> It's not moving. >> They are. >> Okay. Just look at the stimulus for me. pulled out of my car >> just now. >> Oh [ __ ] Yeah. On staffer. >> So what happened? >> I don't know. >> Prior address 141 Atlantic Avenue 141 at >> your female house also been arrested in 2020 for a >> Thank you. Would you do me a favor? Add that address to the call. I'll be switch back to >> Yeah. Please. >> Okay. anything. So, >> I'm glad she didn't. That would have been very bad. >> Do you want me to add you as a witness to the call? Or may I add you as a witness to the call? Can I see your ID? >> Yeah. >> Thank you for stopping and let me know. >> Oh, that was so close. >> And where did that happen? Just right here. >> 12 snapper. >> 12 snapper. Okay. >> I was pulling out. I was parked back in. Fortunately, I was backed in so >> Awesome. Give me one second, sir. Sure. >> Okay. >> All right. I'm going to start by saying this. Do not start the exercise until I tell you to. >> Okay. >> Remember that. Put that on top of your head. Okay. I'm going to need you to put your left foot on the line and put your right foot right in front of it with your right heel touching your left toe >> now. Yes. So, left foot on the line with your right foot right in front of it. Heel touching the toe. >> Now, put your arms at your side. >> Okay. Like such. >> Oh, I'm sorry. >> Like such. You're going to remain in that position. Do not start until I tell you to for the remaining of the instructions. >> Perfect. Try to stay there. When I tell you to begin, you're going to take nine heel to toe steps on the line. Turn around keeping one foot on the line and return taking nine heel to toe steps. Okay. So, it's going to look like such. Left foot on the line with your right foot right in front of it. You're going to take nine heel to toe steps. >> How many? >> One. You're going to take nine. It's going to So, it's going to be like such. One, two, three, and so forth until you reach nine. Once you reach nine, you're going to take a small series of steps and it's going to look like such >> pivot. >> Okay? And then you're going to take another nine steps back. >> Nine straight. >> Okay? So, you're going to take nine heel totoe steps, >> right? >> I'm I'm I'm going to show you again. Okay? One, two, three, so forth until you reach nine. Once you reach nine, you're going to take a small stairs of steps that looks like such. >> Okay. >> Okay. Once you turn around, you're going to take another nine heel to toe steps. Okay. While walking, I want you to watch your feet at all times. Keep your arms at your side. And I need you to count your steps out loud so I'm able to hear you. >> Okay. >> Okay. Do you? And do not stop the exercise until it's completed. >> Okay. >> Do you understand? Do you understand these instructions? Okay. >> You may begin. >> Arms say your side, ma'am. >> Left foot on the line, right foot in front of it. >> I need you to count. 1 2 3 6 7 8 9 2 3 4 5 6 7 8 9. >> There's no line. So, >> okay. >> You want to do it again? We're going to go to the next exercise. Okay. >> I'm going to ask you once more. Okay. >> This is going to involve you raising one leg. Could be either leg. >> Do you want to use your shoes or do you want your shoes off? >> No shoes. No shoes. >> I do have a broken left leg, ankle. >> Okay. You've been walking this whole time and I see that and I see that you're >> No problem. I just >> Okay. route. >> Putting it out there. >> Okay. >> All right. I'm going to give you these instructions. Just pay attention carefully to what I'm telling you. >> Mhm. >> Okay. I need you to stand with your heels together and arms at your side. Stay in that position for the remaining of the instructions. >> Okay. >> Do not begin the exercise until I tell you to. >> Do you understand? >> Yes. >> When I tell you to, I want you to raise one leg. It could be either leg approximately six inches off the ground. Foot needs to be parallel to the ground. >> Okay. >> Okay. Keep both legs straight and keep your eyes on the elevated foot. While holding that position, count out loud in the following manner. 1,00 1,002 1,003 and so forth until I >> The back one you said when I hold it up. Come. >> I'm going to read you this one more time. >> Okay. Pay attention. When I tell you to, I want you to raise one leg. It could be either your left, your right, your choosing. Approximately 6 in off the ground. >> Okay? >> Whichever leg you choose to raise, it needs to be approximately 6 in off the ground. And the foot needs to be parallel. Okay? You need to keep both legs straight and keep your eyes on the elevated foot. While holding that position, I need you to count out loud in the following manner. 1,00 1,002 1,003 and so forth until I tell you to stop. While you're counting, I need you to count loud cuz I need to hear I need to be able to hear you. >> Okay? So, this is how it's going to look. 1001 1002 1003 1004 1005 and so forth until I tell you to stop. >> Okay. >> Okay. Do you understand these instructions? >> I do. >> Okay. Whenever you're ready, you can start. >> Arms at your side, ma'am. 100,00 1,002 100,00 9 10 >> Keep going. >> Oh 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 You may stop. >> All right, ma'am. So, here's the deal. You dispel my alarm that you're not under the influence of an alcoholic beverage, but you are going to be under arrest for flinging and looting. Okay. >> Can I come over here? >> Ma'am, do not do not tense. Do not tense up on me. I'm not >> good. I was afraid that I could make a call just to say, >> do you have any Do you have anybody close by that could come get the car? >> Yeah. >> How How far are they? >> She was just right there. >> Okay. >> I'm not going to go anywhere. I promise you. I'm not running. >> Where's your phone? So you can make that phone call. No, we're >> towing it. All right, we're towing the vehicle. >> Please. >> Okay. >> Please, >> ma'am. We may seize your car depending on >> the status of the vehicle. That's why it's being towed. You're not allowed to use a car as an instrument in a felony. >> So, go ahead and step with the deputy police. Come over here. >> Please don't do that. >> Could you could you guys please don't do that? I'm going. >> Can you Can you hold her? >> Could we Could we at least not do that one? >> I'm not going. >> Stand here. Just lean up against the car. >> Could I ask you to please not do that? >> No, ma'am. When you run from law enforcement vehicle, the vehicle gets towed. >> You did. >> That gentleman that stopped said you were doing almost 60 down his street. You almost struck his vehicle. >> Running from law enforcement. >> Who? >> The guy in the truck. You upset him so much that he felt it was necessary to stop and talk with me about that. >> I promise you it's not it's not running from the cops. >> Okay. Well, based on what the deputy described, it does sound like you ran. >> Step for me, please. >> I'll be in service detail. Can you reoper? >> Please just not do the last one. 73 background revis. >> The pivotal legal moment was not the sobriety test. It was the decision to arrest her for fleeing. After three exercises, the deputy told her the alcohol concern was dispelled, then announced the arrest. The conduct behind that arrest happened before the first test began. Two standards were in play. Reasonable suspicion for a brief detention and probable cause for a full arrest. Terry versus Ohio decided in 1968 allows a brief detention on reasonable suspicion. An admitted drink and slurred speech, as the deputy described it, met that standard for an alcohol investigation. The deputy offered the tests as a way to dispel his suspicion. Probable cause is the higher bar, meaning the known facts support a belief that a crime has been committed. A warrantless arrest is lawful when the facts known to the officer supply probable cause for any crime. That is the rule in Deveneck versus Alfred decided in 2004 and the offense the officer names does not control. Dispelling the alcohol concern removed one possible crime from the table but not the other. The flight offense needed only its own probable cause which the deputy built from his account and her admissions. If the flight supplied probable cause, the arrest stands and that turns on a signal to stop the footage never shows. Clearing one suspicion does not erase another. National standards for the walk and turn and the one leg stand call for a reasonably dry, hard, level surface. The same standards note that leg problems can affect performance on those two tests. Before the one leg stand, the driver said she had a broken left ankle and the deputy continued. He still concluded she was not impaired, so the ankle never became a legal issue. Surface and lighting are unseen, so the footage cannot confirm the full conditions. The sobriety test ended the alcohol question, not the stop. An arrest also changes what police may do with whatever she is carrying. Can you grab your phone? >> Okay, fine. >> Ma'am, we have deputies out looking for your daughter right now. Do you want us to give Do you want to give us any more details on that? >> 1418. >> No. Yes. >> You allege that your daughter threatened suicide today. Do you want to tell me more about that or did you make it up? This isn't related to your arrest. It's got nothing to do with your arrest. I'm concerned about your daughter's welfare. Is that a no? You don't want to give me more additional information? Okay. Well, we're still going to try to find her and make sure she's okay. All right. I'll do the tow sheet. >> Perfect. >> Okay. I'm going to have to review my cam to see exactly what streets she took. She took a bunch of them. >> The guy said he was here on Snapper at 12 Snapper when she almost hit. >> Um and she and then she parked here making it seem like she was a parked vehicle. I got there to the corner. I saw the headlights. >> You saw her in the car as you went by. >> Yeah. >> Okay. >> Then I got in front of her and just for safety, I drew my gun out like your hands. >> It's fine. Okay. >> Let me question >> there for now. >> Let me question her on that. See if I get a charger for that charge already. >> Let me let me test it >> in the pocket next to her. the one to help your life. just got like white rock all throughout this thing. >> So, we're even just going to put this into a bag and shake it upside down. >> All right, I am going to let you know, okay, that purse of yours has a baggie that contains a white powdery substance. Okay. I'm going to test it for cocaine. If it test is positive, you're going to be charged for possession of cocaine. Okay. But let me ask you, >> there's something in my purse. >> There's a baggie of cocaine. What it appears like. Okay. We're going to test it. If it comes back positive, you're going to be charged with possession of cocaine. Okay. But just for health issues, okay, before you go to the jail, I need to know if you consumed any of that cocaine. >> No. Because if you did, I don't want you to have a medical a medical emergency just in case that has fentanyl or anything like that. >> I have I don't do drugs. Okay. There's saying there there's something in my purse. >> Yes, there's a little baggie, clear baggie that has white powdery substance. >> Okay. It's your purse. >> Yeah, it is my purse, which is the little bag right there. >> Okay. And inside that bag, there was a little bag clear baggie with white powdery substance. Okay. in in the the bag itself. >> Yeah. >> Nah. >> Okay. Well, if it hits positive, you're going to be charged with it. Okay. >> Okay. >> All right. You sure you did not consume any of it? >> No. >> Okay. >> Claiming it's not hers. >> Okay. >> It's her purse. >> She can claim that all she wants. >> She just told me it's her purse. >> That all can go with her. This we're taking. This will become evidence. Okay. >> Evidence. You said there's rocks in it. >> Every little pocket has got little bits of white. So, all of them, but the one that the baggie is in has the same kind of white. >> All right. So, that white powdery substance that was in your purse. Okay. We tested it and it's positive for cocaine. Okay. You're going to get a charge for possession of cocaine. Okay. And other charge for fleeing and looting. Okay, >> your belongings are going to go with you. Okay, they're going to be turned over to the jail whenever you do get released. Okay, your property will get turned over to you. >> Okay, >> any questions? >> Okay, >> I don't see your phone. >> Street. >> My sergeant over here is trying to locate your phone. Do you know exactly where it is? me. >> I don't. >> You don't? Okay. She doesn't know exactly where her phone is. >> All right. Well, >> if it's in the car, it's going to be in the car. Okay. >> If it is, then we'll get it to the jail for her property. >> If we find it, we'll take it to you. >> All right. >> Yeah. If you say it's in the car, it's in the car, but we're trying to look for it and it doesn't appear. But if we do find it later on, we'll we'll bring it to you. >> Connect it to the the Bluetooth. >> I understand. by by but by being connected to Bluetooth doesn't mean we can't find it. >> Okay. >> Okay. >> Thank you. >> All right. I'm heading on. >> I'll let you know if I find it, but you're good to take off now. >> All right. >> Cool. >> Thanks, sir. >> Yep. >> The purse search turned a flight arrest into a drug case, and its legality rests on the arrest itself. A lawful custodial arrest opens the arrestes person and the containers on it to a full search. That is the rule in United States versus Robinson decided in 1973, and it needs no further justification. The deputy searched her purse after the arrest, and one deputy told her it held a baggie of white powder. A field test then showed cocaine, which became the second charge announced on camera. The scene search is lawful if the purse was on her person at arrest, and the footage never shows that moment. Illinois versus Lafayette decided in 1983 separately allows an inventory of an arrest's bag at the jail. That rule applies at booking, not at the roadside, so it does not rescue a scene search by itself. A search is only as sound as the arrest behind it. The deputies earn a B+ for a stop that held up on its stated grounds. They read warnings before questioning and repeated the test instructions patiently. The drawn weapon at the start as one deputy described it and an unseen purse search keep the grade below an A. The driver earns a C minus and most of that grade comes from her own choices. She did not pull over, drove after three drinks by her own account and carried a bag that field tested positive for cocaine. In her favor, she stayed calm, completed every test, and apologized throughout. First, a driver who does not pull over turns a ticket into a detention, and flight is a factor court's way. Second, a driver cleared of one suspicion can still be arrested on any other crime that has probable cause. Third, whatever driver carries into a lawful arrest can be searched, and a bag is no exception. That is how three exercises ended in two charges and one arrest. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching and don't forget to subscribe to our channel for more content on police court interactions.