Well, I'm telling HER SOMETHING ABOUT MYSELF. SO, WHAT DO YOU want to >> We'll handle that in a minute. >> All right, just shut up and get in the car. >> Oh, you're I'll find you. I'm going to find you when I get the [ __ ] out of jail. I'm going to find you on the >> You're resisting. Stop resisting. You're under arrest. >> I'm not resisting. I'm standing here. >> Okay, just stop. >> August 21st, 2023. A Florida traffic stop over a mismatched license plate and heavily tinted windows. >> Can I get your attention? >> Hey, please lower down your windows. All of them? Thank you. Got your license? Thank you. This car is registered to you? This car is not registered at all. Do you have a driver's license? How's that a driver's license? >> I have a heart condition. >> Yeah, well, you can change this to a serving car institute. Give me your registration. And 2769 Apple Street, right? What's with the attitude? The attitude is crazy. The attitude You scared of what? Scared of what? Tell me what you're scared of. Why? Because what? What did I do? You scared because I pulled you over. The tag is not registered. The vehicle is not registered. You tinted it dark, so I don't know who's in the car. I attempted to pull you over there, and you just driving. So, Of course you did. >> I'm serious. >> All right. Just turn off your car. Turn off your car. Relax. Relax. It's not It's not that deep. >> I think you have an attitude. >> Can I get an i91? >> I pulled over. I didn't try to run from you or anything. You pulled my license over there. I didn't see you. >> Okay. >> I apologize. >> Okay. So, you going Panamera registration? Ma'am, can you lower your window for me, please? >> What do you want to have? >> All right. So, if you have any issues about what just happened, our little transaction, you talk to my sergeant over there, okay? If you have any feels, give me a second. >> Hi. How's it going? >> I'm good. He was rude, though. Do you think he was rude? I don't think he was rude. >> What happened? >> He was just mean. I don't think I had attitude. >> I think cuz she just said that you didn't see his lights go further on, but she just told him I wasn't trying to run in front of him, and then she pulled to the side, but I think >> Can you see out of them windows? Oh, lord. How do y'all see out of these windows? That thing's dark. >> I didn't see you want to say anything. >> Holy yeah. >> You know that's >> That's like That's like >> I'm sorry. I thought you >> 35% or something like that, bro. >> You can see my lights. >> I bet. >> What did you do over there? >> Don't talk to me like Don't talk to me like I'm your man. >> You see? Look at how Hey, hey, hey, look. Please, look at how you talk to >> Don't talk to me like I'm your man. I'm not your man. >> I'm not talking to you like that. >> Lower your voice. >> I I think you were yelling at me like you Now I'm yelling cuz I'm mad. I think you're rude. You're very rude. >> This [ __ ] is all recorded. >> Yeah, it's I want to record you cuz you're rude. Like you're >> Do you think Do you >> I'm just trying to ask you a question. You can't act out of pocket. I feel like I'm acting out of pocket. >> She can't help that. >> Just be civil. Just be Keep it limited contact with talking to her. >> 949 911 Hey, I'm going to be a minute. I got to I'm going to research some stuff, so. >> It's my car. I drive my mom by friend's house. Three cops. >> Yeah, that's probably that's probably like literally like 50%. 50 or lower than that. Like that's dark. Can't even see the AS line here where it's supposed to be at. 40%? You can't 10 meter that. I don't I don't bring any my have one. I mean all of the all of them are way too dark anyway. >> I have eye problems. >> Eye problems don't warrant for illegal tint. >> Tori, listen, I understand you have eye problems, but that's something that you're going to have to get worked out with your your doctor and them to give you paperwork to get the DMV >> If I have the paperwork >> If you have That's something to to do with DMV, okay? Um but first off, I'm just going to let you know now, you're going to continuously get pulled over because of your tint. This tint should never be just like how our patrol car is, it should never go past this line right here. You see that black the AS line right? Yep, you should not your tint should never be past that line. >> And we're supposed to be able to see it from the outside. I can't even see the AS where the line is right here. There's a little the letters that say AS line. I can't even see that. >> All of it. Cuz you can and I can I'll be quite quite frank. If you and whoever it is the police having a a particular banter, if that person decides they can give you a ticket for all four tickets plus that one so that's five tickets you'll get ticketed. So just know that that can happen and if you don't want to have to pay a hundred and something dollars I'm not saying you're No, I'm not saying you're No, I'm saying I'm not talking about him. I'm just talking in general. Right? So if you don't want to get um ticketed for all of these these these this tint you need to go see somebody that get it to the legal limit. And this thing the front one you will get pulled over at non-stop. Cuz that's the first thing we'll look for. Cuz we can't see in your car. So that's what that you're you're already targeting yourself just by that. So it's up to you. Try to get your medical paperwork and take it to the DMV and say hey you need this because of your situation with your eyes. Any something that they can add onto your file whenever you get pulled over. But if not you're going to get pulled over all the time. Guarantee you. There's no if ands or buts about it especially if you go out of town and you're driving up and down the highway. >> Yeah, I was saying I think people want 100% protection for this. Cuz people are right. Every single window can be ticketed. So just know that that can happen and if you don't want to have to pay a hundred and something dollars I'm not saying you're No, I'm not saying you're No, I'm saying I'm not talking about him. I'm just talking in general. Right? So if you don't want to get um ticketed for all of these these these this tint you need to go see somebody that get it to the legal limit. And this thing the front one you will get pulled over at non-stop. Cuz that's the first thing we'll look for. Cuz we can't see in your car. So that's what that you're you're already targeting yourself just by that. So it's up to you. Try to get your medical paperwork and take it to the DMV and say hey you need this because of your situation with your eyes. Any something that they can add onto your file whenever you get pulled over. But if not you're going to get pulled over all the time. Guarantee you. There's no if ands or buts about it especially if you go out of town and you're driving up and down the highway. >> Yeah, I was saying I think people want 100% protection for this. >> Yeah, I mean this is I mean us for the most part FHP is part of the higher Florida Highway Patrol. So >> All those guys do is write tickets. >> What you got here? to the mall? >> The Bahama Breeze to pick up the food. >> Oh, so your food over there getting cold. >> Mhm. >> Hope it wasn't no empanadas. I'd hate to have to warm those up in a microwave. What did the officer say to you before I got here? >> Just he just tapped on my window, I rolled it down, and then he said Um "Let me see your ID." a card, and he was like "Is that my ID?" >> Okay. >> And I I said he said "Where's your registration?" I said "Where's my registration?" I said "I don't have a registration." >> And then >> And then I gave him this, but he was just very rude. >> Okay. >> And he was like "Roll down all the windows." And he was like "What's with the attitude?" I said "I don't have attitude. I'm scared of you." >> Yeah, that's why she was scared and just like I'm over it. Okay. >> And then he was just And then when he just came up here, I was He said he He said he tried to pull me over. I didn't see it. I just seen him right now. I said >> I said >> "I didn't see you." He said "Don't talk to me like I'm your man." >> Yeah, I was here for that part. >> I don't know how I'm talking to you like that. I just feel like that. I'm a regular person, not a police officer. I talked to my man crazy. That's why I talked to you That's very nice. >> Vehicle 4657. Is that your only license? Okay. Um how long ago? >> 10-4, 10-6. >> It's It's been It's been quite a while. >> That's why I got scared. >> I already told her but she said she can't have somebody come out now, but she'll have somebody come out later. I told her she can call back and we'll clear the response with her to clear the house. >> I mean, it's scheduled for a reason. Um your your license not only suspended, it's been canceled, okay, since last year of 2022. January. On top of that, you're driving recklessly in a unregistered motor vehicle. >> 10-4, 10-6. Ma'am, I don't have to explain anything to you. Ma'am, ma'am, at this point I don't have to explain anything. You have to listen to me. All right? I'm done talking. Hands on the steering wheel. Hands on the steering wheel. Let's go. I can see that. Yes, ma'am. Do you have a a driver's license, ma'am? Can I have it so we can make sure that you can drive this car if she wants you to drive it. Well, ultimately, ma'am, you know you can't be driving. So, you shouldn't be behind the wheel of your vehicle. Okay? So, that's problem one. Problem two is you got stopped because It is what it is. Come on, let's go to the car. We'll handle that in a minute. Shut up and get in the car. You're resisting. Stop resisting. Okay. Okay, just stop. Let let me pat you down and make sure you don't have anything on you and then we'll talk about it. Widen your stance for me. >> Is someone else taking me instead of him? >> Unfortunately not. He's the one that's arresting you. >> It's okay. The camera will be on. >> All right. Do you want your friend to drive your car? >> No one's driving the car. >> I need to talk about my house, about my keys. >> Okay. Tell me what you want >> About my phone. You don't know my passcode. >> Okay. Tell me what you want to tell her. Oh, you I can have a walk over here and >> I can walk over here. >> I just tried to talk before he snatched me out of there. >> Okay. >> He's rude. >> Okay. One second. You having a turn? >> Yes, absolutely. >> Roll the window down so her friend can figure out what she wants to do with her property. >> You have oil? >> Huh? >> You have oil? My car's like jammed up. >> I know. Um, what's his name? Randy got that stuff. >> Here's the thing. Car's not going to be driven cuz there's nothing that's registered on it. So, it needs to just start working on >> What's your I'm sorry. Do you know her name? >> Uh, I think he does. Do you have her ID? >> Yeah. >> Um Sierra. >> Yes, ma'am. >> Okay. She wants to tell you something about her house keys and her phone and something else. >> Yeah. Will they stop? >> Yeah. You got You got oil? >> Uh, I don't I have WD-40 at home. >> Drew, I mean not Drew. >> Randy. >> Randy got that stuff. >> Do you want me to go to the window or something? >> Yes. >> I'm going to inventory this vehicle. >> All right. >> You want to talk to Johnson? >> No. >> This is Johnson. >> It's okay. >> You want to talk to Johnson? >> No. >> I'm on line three. >> Yeah. >> If you want the phones to go with you, the phones can go with you. It's up to you cuz you're going to have to get numbers out of it when you're at the jail. >> She has eye problems, yeah. She cannot see. She has eye problems. >> That's not my problem. I didn't I didn't cite it for anything like that, sergeant. I'm taking her into jail because she wants to resist and put up violence. She's been on suspended license for over a year and her car is unregistered. I'm sorry. It's insecure to talk to my sergeant. Huh? Yes, ma'am. We're searching / inventorying it cuz it's being towed. And the search and the search is the search is incident after arrest. It gives us probable cause to search your vehicle because you're being arrested. Okay? Is there anything in the car that we need to be concerned about? Okay, it's not a big deal then. All we do is we go through it. We have our cameras on the whole time. We're inventorying to make sure there's not anything of value in that because once the tow truck gets here, we have to notify them of anything in there that you don't want her to take with her. Okay? >> can I ask you a question? >> What's up? >> After all this happens, can I can I get my car out? >> Yeah, you are so it's not registered. So it's an unregistered vehicle. So you have to go down there and you're going to have to prove ownership of the vehicle when you go down there to the tow yard. So once you get out, you have to prove that the vehicle is yours. Huh? Huh? Because there's that license plate that's on there right now does not come back to that vehicle. It's not registered to that vehicle. Okay? So you can't be operating the vehicle on the roadway. So my suggestion is for you to get it out of the tow yard. If you don't go to the DMV first and register it and get a license plate for it, you're going to have to have it towed from the tow yard to your house because the tow company is not going to let you drive an unregistered vehicle off their lot and drive away. Huh? >> Issue one, the stop. Under Wren versus United States 517 US 806 1996, a stop is reasonable when an officer observes a traffic violation. Motive is irrelevant. Florida Statute Section 316.2953 requires front side windows to pass at least 28% of visible light. Windows too dark to see through are an observable violation. The plate is a second independent basis. Florida Statute Section 320.02 requires registration and Section 320.261 bars displaying a plate not issued for that vehicle. The oral eye condition claim has no legal effect. Florida Statute Section 316.29545 requires a medical exemption certificate and decal from the state before any stop occurs. Issue two, the license check. Under Rodriguez versus United States 575 US 348 2015, checking a license and registration is part of a stop's lawful mission. The check did not unlawfully extend the stop. The result was a canceled license, not a suspended one. Reinstatement requires affirmative action with the state. Florida Statute Section 322.34 criminalizes driving while canceled when the driver knows of the cancellation. Under Atwater versus City of Lago Vista 532 US 313 2001, probable cause of a minor offense permits custodial arrest. Florida Statute Section 901.15 covers misdemeanors committed in an officer's presence. Issue three, the vehicle search. Under Colorado versus Bertine 479 US 367 1987, an inventory before impoundment is lawful under standard department procedure. Florida versus Wells 495 US 1 forbids pretext. Arizona versus Gant 556 US 332 2009 is a weak foundation here. Gant limits vehicle searches incident to arrest and a canceled license leaves little evidence to find. The officer's on camera explanation reversed the sequence. Probable cause supports the arrest. Search authority then comes from the impound inventory, not from the arrest itself. The conclusion was sound. The stated reasoning was not. Issue four, resisting without violence. Florida statute section 843.02 requires an officer engaged in a lawful duty and knowing obstruction of it. Because probable cause existed, the lawful duty element is met. Speech is different from conduct. Under City of Houston versus Hill 482 US 451 1987, verbal criticism of police is protected. Physical non-compliance with a lawful command can Handling a phone after a hands-on wheel command is conduct and it creates an officer safety risk. That act, not the argument, is the basis for the count. Prompt compliance afterward makes it a contestable charge. Force is judged under Graham versus Connor 490 US 386 1989 by objective reasonableness at the moment of decision. Hands-on control of a non-compliant uncuffed subject is low on the force continuum. It was proportionate. Recording law. Florida statute section 934.03 covers conversations with a reasonable expectation of privacy and on-duty officers have none. Smith versus City of [ __ ] 212 F3D 1332 protects recording police. >> They'll let you get it out, but if you don't have a license plate attached to it, they're not going to let you drive it off the lot. So, just they're going to be liable at that point. So, you're going to need either make arrangements to have it towed from there to your house or go down to the DMV, register it, get a license plate attached to it, so that way when you go down there you can show them it's registered, put the tag on, and then from there you can go. Also though, you need also have a valid driver's license when you go down there to pick it up. So, if not, you need to have somebody that with you that has a valid license to let them get it out of there as well because just because it's your car, they'll release it to you, but they won't let you drive it away. They'll call us and be like, "Hey, this person is trying to drive away with a car and she didn't have a valid driver's license." They won't let you drive it. They won't do that. So, you got a couple ducks that you need to get in a row first. So, it starts with it starts with your license primarily. Whatever the hell it was canceled for, whatever that crap is, go down to the DMV, handle it. >> I have so many payments. >> Well, they can set it they can set payment plans up for you. They can set all kinds of stuff up. But, you can't avoid it like this cuz when you avoid it, this is this is what happens. Yes. >> I got pulled over one time and they took my plates. >> Huh? >> I don't >> Oh. >> Um um do you know where I get out of jail like where I get a bond? >> Yeah, you'll have a bond. He'll have to tell you what it is cuz I don't know it off the top of my head. So, when he gets there and he types his paperwork up, he'll tell you what the bond is. But, I don't know what it is off off the top of my head. So, but easiest way for traffic situations like this for you to have them resolved is once you get out, start working to correct the issue because that always looks good in front of the court system when you're trying to not be convicted of this crap and have all this thing over your license, make a deal with the state, something along those lines. But, at least you start showing effort where as in you said you have a ton of tickets, start a payment plan with them cuz they offer that for you. That at least shows to the court system that you were trying to handle it in the right manner. So, you don't have to have pay every single ticket off right then and there. At least if you're working towards it, they can work with you and stuff. Okay? All right. >> I'm needing coffee and show me Show me 2550. Echo 91. 51 to jail. 1002 Fox Trot 10-15. Copy. One second. I'm on the radio. 54622. >> The arresting officer receives a B minus. The stop, the arrest, and the force used were lawful and proportionate, but remarks about the driver's attitude and the order to shut up fall below professional standards. The sergeant receives a B plus. He de-escalated, gave accurate guidance and exemptions, impound and court strategy, and directed limited contact on camera. Coarse language and friction that returned after his instruction keep the grade below an A. The driver receives a C. More than a year and a half of driving on a canceled license created every basis for this arrest. She used no force and eventually complied. But the phone handling and the statements about fighting later cannot be excused. Lesson one, unresolved violations are active risks. A canceled license, a mismatched plate, or illegal tint each independently justifies a stop. Lesson two, the roadside is not the form to contest an arrest. Comply physically and challenge it in court with counsel. Lesson three, a tint medical exemption must be certified by the state in advance. A verbal claim at the window prevents nothing. Lesson four, corrective steps before court like a payment plan or reinstatement often influence how traffic charges are resolved. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below.