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decision of being like, I'm from Israel. I was born. I'm Moroccan. I stand with them. Okay. So, I made the wrong decision of pulling over and I was like, "Okay, >> will you take the test? Yes or no? >> I don't see why I should go up to you've been >> Is your answer yes or no?" >> No. My answer is you've been no. >> Your driving privilege will be suspended for a period of 1 year for your first trip. On the evening of November 19th, 2023 in West Palm Beach, Florida, officers directing traffic around a permitted public demonstration encountered a wrongway driver who refused to reverse. By the time the encounter ended, the subject faced four charges, including a thirdderee felony for battery on a law enforcement officer, plus an automatic one-year administrative license suspension under Florida's implied consent law. This is that stop. >> Ma'am, you you're going the wrong way. You cannot go this way, >> ma'am. Ma'am, you can't go this way. >> No, you're not. You're going to get You're going to make >> You're going to park over there. No, you're not. And you have to back up. >> I'm telling you, you are not. No, you are not. You are going to reverse and go the right way. You're driving the wrong way on the wrong side of the road. >> You're not calling all those people out. >> All the What people, ma'am, your nose your nose on with somebody right now. Please turn around and go this way. >> Ma'am, there are children on the roadway. Please make a U-turn and go this way. Please. No, you're in drive. Please turn around. Reverse. >> Thank you. >> Appreciate you. >> Please reverse and go this way. Please. >> Thank you, ma'am. >> Please go that way. >> Ma'am, we need a car over here. >> Yes. >> 9285 West. Please give me a restoration. >> We have a vehicle that's going the wrong way. Refusing to turn around. >> All right. Turn around. >> I need you to turn around. >> Ma'am, if you don't move your car when a police car gets here, we're going to remove you from your vehicle and take you to Palm Beach County Jail. >> Onto this roadway. >> Can I just >> No, you can't. >> No, you cannot. >> You either go that way. >> You have to back up and go the proper way. Step out of the car, please. >> Step out of the car, please. >> Fox Radio. Step out of the car. Get out of the car. Okay. Over here. Right over here. Just stand right over here. What are you waiting for? and West. We'll have one. >> You're arresting me for what? >> For what? >> I need to go home. My dog >> needs food. I'm breaking here. >> Are youing? >> You are wasting your time so hardcore. You are wasting your time. You are wasting your time. You're putting me in handcuffs for what? Like I need to go home to myself. >> You're given plenty of opportunities to comply. >> Okay. Well, then I'll comply. I need to go. The officer gave you at least 10. Then the officer I came up >> and said for you to go >> cuz if you didn't you were going to go to jail when the car got here and the car got here. >> Well, I want to go. >> It's too late now. >> No, I'm not going in the car. >> Well, unfortunately at some point we >> listen to me. What the are you talking about? Look at theing other people over here in the hands. >> But there you're looking at that. You're the one that's making them >> kidding me right now. Are you okay? You know what? I'm just going to >> You're really not helping yourself very much. >> I know. I know. >> You understand that? >> Yes. But I'm I Please, please just take me home. >> No, I don't. I don't. >> Unfortunately, everything is on camera. Everything you're saying has been >> I don't give a >> You're yelling in my face. I can smell the alcohol. >> Okay, just take me home. Take me home, please. Please. I can't get in trouble. Please, please, please, [laughter] please, please, please. [snorts] >> Please. >> Nothing yet. >> Please. >> I don't want to do this. So, we got to go somewhere. >> I have nothing on me. Like, please let me go. >> You want me to move it? >> Jesus Christ. >> Okay. >> Why did you Why did you turn this way? Because I can you get me out of this hand. >> He's not going to m Just answer the question. Why didn't you turn this way? >> Because I saw these people. I'm from the country. I shouldn't have done it. I shouldn't have done it. Okay. I shouldn't have done it. And I just want to go home right now. I want to get out of these. I'm not going to >> Okay. >> I'm not. I swear it's No. Nothing. >> Is it Are you ready? Is this your car? >> You're the registered owner? >> Yes. Look at my friends. >> Jesus Christ. Get me out of these right now. Please. Right now. Please. All right. >> Watch your back. >> Seriously. Now. Now. Please get them off. >> Okay, dude. >> Thank you, guys. I'm with you, by the way. I'm just getting arrested because I'm with you. Just so you know. Have a good night. Okay. So, you're just going to leave them on or what? Like, I'm not I'm not trying to do anything. Like, I'm actually like wanting to get the out of here right now, honestly. Okay. >> French. just screaming. She's screaming in my face and I can smell it. [music] >> Shoot everyone the same way. >> Yeah, we're funning on this. They just going back to their cars. Back to their cars. >> That's fine. If they're walking, that's fine. Missson, >> before I continue and we decide what we're doing with this, I'm going to read you something. I need you to let me know that you understand. Okay. >> Matson, >> this isn't a negotiation. But you're trying to tell us not to do our job. That's not what we're doing. Okay. But we're not going to be able to detain the DUI, which is what I'm doing. I'm doing it to me. Okay. I'm required to warn you before you make your statement. You have the following ranks. You have the right to remain silent, not answering questions. You have the right to choice. Statement question. the things that I just told you. >> No. >> Okay. Well, because you don't understand, I'm not going to ask you any other questions that will incriminate you. However, what I'm going to do based on my observations of you, the observations of the officer that stopped you. >> Can I do my >> Can I do my test? >> Well, they're not tests. They're tasks. Okay. But >> it's a test like right here. If I didn't have this >> Okay. Can you listen to me? >> Do I can't do anything with my Okay, I'm sorry. I can't do anything with my >> Nothing to do with your ears. He's speaking to you. Can you listen to him? >> He's been nothing but respectful. Just listen. >> I am going to offer you the opportunity to perform the field sobriety tasks. Okay? Which does require the handcuffs to come off. All right? I have to give you the same thing I give everyone that I tell that has handcuffs on them. >> You are humiliating me now in front of my job. Like I >> I'm not doing I'm not doing anything. >> Okay. Now, >> no. This is really bad. I have to ask you. This is really bad. This is really, really, really, really bad. >> Okay. I was trying to go home. I was just trying to go home. I want to go home. You were trying to go home. >> I want to go. >> There's a sign right there that says no left turn. But you were trying to go home. >> I live in Palm Beach Gardens, but I'm trying to go home. >> So then why would you be turning left here if you're trying to go home? >> Well, I would point in the right direction, but my [ __ ] >> the right direction is that way to 95. >> Sorry. I'm letting you know >> this goes into the Hilton. >> Okay, honey. I know. I live point, but I can't. Okay. I need to go home to Palm Beach Gardens. That way. It's right. >> It's right. >> So then why did you turn left? >> Because I need to get out of this town and go that way. >> I'm trying. Then you should have just kept going straight. >> Dude, I'm trying to go. >> Do you want to Google my address right now? >> I know. I'm telling you right now. >> Google my address. Google my address. >> All you got to do is go straight. You take me home. I'll leave my car here. I don't care. >> Well, you're you're okay. >> I'm not trying to get in trouble. I'm not doing anything. I just want to go home. >> All right. Are you willing? >> I just want to go home. >> Are you willing to do field sobriety exercises? >> We just pushed a bunch of people out towards the >> No, but you know what? I'm not I'm not going to do it in front of No, I'm not doing it. >> Would you like us? >> Would you like us to relocate you somewhere that's not in front of people? >> Yes. Okay, come to my house. Let's go. >> That's not That's not going to happen. >> We can take you somewhere where you would >> I'm not I'm not going to sit here and be humiliated in front of you. We're going to go that way or I'm not doing any of this. >> Okay. I am offering you to take >> I am humiliated. >> Get me the out of the street. >> I am offering >> My mother is going to We're not doing the test. You are killing me right now in the middle. >> We just said we be willing to relocate. >> Get out of here. >> People are going toing see me. >> We just said we were going to >> No, it's not funny. Get off my arm. Stop touching me or I'm going to report violence. Get off me. Get off me. Yeah. Sexual harassment. >> I need a car. Look at me. >> Sexual harassment. >> Look at me. Look at me. >> Look at me. Look at me. >> Look at me. I didn't take it. I mean, please just >> I know. Get this off of me. Please. >> What was your name? >> Sarah. >> Sarah. Sarah, listen. >> Please get this the off of me. I'm sitting there. >> The only Sarah, the only one that's making a scene right now is you. So, listen. >> Get this off me. >> We will quietly relocate you somewhere to where we can have a conversation. >> Why am I sitting in the goddamn middle of the road? >> Because you drove your car the wrong way. >> All right. I'm literally I'm going >> You can try to >> You want me to get the >> Okay. He's No, he's back. I have less. >> He's hurting me. He's hurting me. He's hurting me. >> Can you do me? >> He's He's He's doing something. No, you bettering Tell him because >> you're in his foot. >> Yeah, she did. >> Sarah, can you stop? >> I will. >> Did she stomp your foot? >> Okay. She We're not doing that to feel soies. You're right now. You're under arrest for DUI. >> No, I'm not. >> And you're under arrest for battery on a law enforcement officer. >> No, I'm not. >> Yes, you are. You just stopped his foot. >> That's battery. >> Hey, the car is here. >> Put her in the back of that car. >> Put her in the back of that car. >> No. >> Are you stepped on my tried to be really told him? Oh my Jesus. I'm going to get She's out of the car. She's out of the car. >> She's out of the car. SHE'S OUT OF THE CAR. SHE'S OUT OF THE CAR. SHE'S UNDER THE COVER. I'm working against wait. >> Wait, do not get out. >> Wait, wait, wait. Stop. Stop. Get out. >> Get out. >> Don't resist. >> Get out. We have to >> get off of >> I don't even know. Just put her in the Put it right here. >> Zip it. >> Pull it. Give me, >> guys. Hey, hold on. >> I got it. >> I got it. I got it. >> You guys are so >> over here now. >> We're good. We're good. >> That hurts. >> STOP. [screaming] Pull it. >> Pull it. Pull it. >> Pull this. Pull this. >> Let me get it. Pull it. >> Pull it. There you go. >> Hold on. No. Tighter. Tighter. >> All right. >> Pull it. There you go. >> All right. >> Is she seal Is she seat belted? >> She seat belted. No. >> Four charges were filed at scene. Each rests on a separate Florida statute and each must be proven on its own distinct legal elements. The initial stop was constitutionally sound. Under Delaware versus Puce 440US 648 1979, a traffic stop requires articulable reasonable suspicion of a violation. Officers here directly observed wrongway driving on a police controlled closed roadway during an authorized public demonstration diversion. That direct observation satisfies both reasonable suspicion and probable cause. Under Pennsylvania versus Mims 434US 1061 1977, officers may order any occupant out of a lawfully stopped vehicle without additional justification. Under Atwater versus City of Lago Vista, 532US 318, 2001, custodial arrest is constitutionally permissible even for minor criminal offenses. The arrest threshold was met the moment the subject refused a direct lawful order and remained in a closed roadway after an explicit warning. The fifth amendment protects against compelled self-inccrimination during custodial interrogation. Under Burkr versus McCarti 468US4201 1984, a routine roadside detention does not by itself trigger Miranda. The threshold is crossed once handcuffs attach and questioning shifts to substantive DUI inquiry. The DUI investigator read the full Miranda warning before asking a single substantive question at the secondary location. That timing is procedurally correct. The subject statements made at the scene admitting she made a wrong decision to enter the closed roadway and partially acknowledging the foot stomp were spontaneous and not the product of interrogation. Under Miranda versus Arizona 384 US 436 1966, spontaneous statements made without prompting are not subject to suppression. Every one of those onseen admissions would survive a defense motion to exclude. The pivotal legal moment of this case is the foot stop. Florida statute section 784.0 07 subsection 2 paragraph B reclassifies simple battery when the victim is a law enforcement officer engaged in lawful duties. The offense rises from a firstderee misdemeanor to a thirdderee felony. The elements are identical to simple battery under section 784.03 intentional touching or striking, however slight. No injury required. The reclassification turns on victim status alone. Directing traffic around a permitted demonstration falls within an officer's lawful duties. A deliberate foot stomp during a lawful arrest satisfies every element. The penalty shifts from up to one year in county jail to up to 5 years in state prison with fines up to $5,000. Florida statute section 316.193 defines driving under the influence as operating a vehicle while normal faculties are impaired by alcohol or a controlled substance. Probable cause rested on three converging observations. erratic wrongway driving, a detectable odor of alcohol confirmed by multiple officers at close range, and the subject's refusal to perform field sobriety exercises. Under State versus Clif House, the Florida 4th District Court of Appeal held that odor of alcohol combined with an observed driving violation is a sufficient probable cause for a DUI arrest. Florida statute section 316.1932 is the implied consent law. Every driver who accepts a Florida license is deemed to have consented in advance to a lawful chemical test upon arrest for DUI. The implied consent warning must be read verbatim from the statutory language. A first refusal triggers an automatic one-year administrative license suspension imposed by the Department of Highway Safety and Motor Vehicles independent of any court outcome. Under South Dakota versus Neville 459US 553 1983, a refusal is admissible at trial as evidence of consciousness of guilt and does not implicate the fifth amendment. Under Birfield versus North Dakota 579 US 438 2016, a warrantless breath test is permitted incident to a lawful DUI arrest. The license suspension attaches automatically and regardless of the criminal verdict. >> We're leaving. He's taking you. Where else are you going to You're going to county jail. >> Why am I going to jail? >> We've explained this already countless times. Can you stand up or turn around? >> Um, I will, but I would like first for you to let me know what I am being in charge. >> Uh, battery on a law enforcement officer. You step on my foot. Okay. I'm tell >> it's on camera. We're not debating about this. You asked. I'm telling you. Resisting arrest and never Okay. You look like a newbie. It's okay. It's okay. >> Yep. And I know what I've seen and I know what happened. So >> stepped on your face. >> All right, stand up. You asked, you got your answers. >> Let's go. Stand up, >> ma'am. >> I'm going to have to I'm going to have to put them on you. Make your choice, please. >> Please stand up. Please stand up. >> It's okay. I care. Ma'am, please stand up. >> Please, >> ma'am. Just not make your choice. Just please stand up. >> Put your hand behind your back for me. >> Thank you. >> No, I I want you to put me >> You get the away from me. That's fine. You get the >> Yeah. You laughing at this? >> Oh, you want me to put my hands on your ass? >> No. No. I want you put your hands on your back for me, please. Thank you. >> No. Never done this before. Get the out of my face. You [ __ ] I stepped on your toe. >> It's on footage. It's on footage. You asked. I told you. >> Dude, you are ruining my life. And guess what? >> I didn't do anything. >> Oh, no. >> You You made your choices. That's it. >> Can you put your hands as if you're pregnant so it won't hurt you? I don't want this. So >> I am pregnant. >> I said you're praying >> so your wrist don't hurt. >> No, this way that you're praying. I don't want your wrist to hurt. >> Put your hands like this. >> I don't have underwear and I'm not going to jail without underwear. So can you find some? >> You are so >> Ow. Okay. No. >> Relax. >> No. No. No. >> This one can't go any tighter. I'm trying. >> No. No. STOP. >> STOP. >> I didn't do nothing. I'm done. >> Take it a little bit. Like, do I look like >> I put your wrist like you're praying? >> GET THE STOP, [screaming] >> MA'AM. I'M LOOSENING. What do you want? What do you want? You want to loose? I'm loosening it for you. What are you going for? >> I need to loosen. >> I'm trying out of my face. >> No, I'm present with him cuz you're going to start saying we're doing things we're not doing. I'm here with him. He's going to fix the out of my face. Is it losing? Can you stop moving so we can fix it? >> Do this one. >> All right. Give me a second. >> Am I really going to get out of them? No. >> You already did on single pair earlier. So, >> shut the up. >> This one over here. >> I'm doing it. I'm doing it. >> Don't move so we can take him down. >> Shut up. >> Trying to make it easier for you. >> Yeah. >> Turn your wrist this way, please, so you don't hurt your >> Are you good? Is that I can't make them any looser than that. They come off. >> I can't. No. No, >> this is too loose. What? >> What do you mean, ma'am? I can fit my whole finger in there. >> Ow. Okay, that hurts. >> I'm letting you know I can put my whole finger in there. So, it's not too tight. I can fit my whole tiny fingers. I don't know what to tell you. >> If you can put his finger in there, they're >> Well, he has tiny fingers then. I'm sorry. >> I'm pretty sure I know. >> Oh, I'm pretty sure. >> All right. That's how they're going to be, man. They're not meant for comfort. >> Is this what you wanted? Can we just get like >> Can we please step out? Come on. All right. >> Is the cell phone in here? No. No. No. You need to know. >> You know it. Okay. Right now. Okay. Come on. Let's go. What? >> It's a towing. >> Ma'am, come on. Please. Come on, Sarah. >> Before I get >> Well, look at it. It's all came. >> I want to see. The lieutenant came and took photos and spoke with you. >> Okay. Lieutenant took pictures of >> Yes. Lieutenant Johnson is aware. 328 vehicle 27 mobile >> make your dreams come true you always want to do it >> I'm just trying to make you laugh >> you're kind of he's way hotter than me by the way you have a lot of work to do >> I'm sorry I got a lot of time >> yeah you're young and you suck >> thank you that'll help me put a seat belt on you okay I'm going to reach across you Sit back, please. Sit back, please. >> Sit back, please. >> Sit back. >> Like, what do you want from me? >> Let me just grab. >> All right. >> Body cam. >> It's on. >> Body cam. He touched my tip. >> I did not. >> I did. Y'all saw it. >> You grabbed the seat belt. All right. Don't do that. Don't do that. All right. You owe me. >> At the time of this analysis, the outcome of the criminal charges in any civil proceedings remains unknown. Based on the footage and applicable statutes, however, the evidentary foundation for each charge is documented on body camera and corroborated by multiple officers. The initial contact officer earns an A minus. More than 10 verbal commands were issued before any physical control was initiated. Each command included a clear statement of consequences. She offered alternatives including relocation for field sobriety exercises out of public view and maintain composure throughout sustained verbal aggression. That is textbook deescalation. The one concern is tactical. For extended period, the officer stood directly in front of a running vehicle. Standard officer safety training prescribes an angular approach using the vehicle frame for concealment. Positioning directly in front of a running vehicle creates avoidable exposure. It did not affect the legal outcome, but it is a training point that warrants correction. The DUI investigator earns a B+. His Miranda timing was correct under Burkimer versus McCarti. His terminology was precise, distinguishing between tasks and tests in the field sobriety context, a distinction that matters in Florida DUI litigation. His interview method was sound. He solicited the subject's account before forming conclusions and documented observable injuries. His shortfall when the transport officer made personal remarks to a subject in custody, the investigator did not intervene. Peer accountability is not a secondary obligation. It is part of professional duty. Officers who observe a professional standards violation and remain silent share in the institutional consequences. The transport officer earns a C minus. His physical handling was within acceptable limits. His verbal conduct was not. The International Association of Chiefs of Police model policy on standards of conduct prohibits personal communication with any person in custody. A detainee cannot fully consent to that exchange. The power differential is absolute. Comments of this nature captured on body camera expose the agency to civil liability and warrant internal affairs review. The subject earns an F6 plus refusals to comply with a direct lawful traffic order, physical resistance during initial handcuffing, a deliberate foot stomp on a law enforcement officer, converting a misdemeanor encounter into a thirdderee felony arrest, physical resistance during vehicle placement, refusal of the breath test, triggering an automatic one-year license suspension, a partial on camera admission to the foot stomp. Every decision she made after the initial stop extended her legal exposure. None of them reduced it. Five lessons emerge from this case. Lesson one, a traffic control order is contentneutral under Cox versus Louisiana 379 US 536 1965. Time, place, and manner restrictions on movement in public spaces are constitutionally valid regardless of a driver's political viewpoint or motive. Sympathy for a demonstration does not immunize a driver from a lawful traffic control order. Every driver on that road was subject to the same diversion. Lesson two. Once handcuffs are on, every additional act of escalation deepens the legal exposure of the person wearing them. Under Atwater versus City of Logo Vista, custodial arrest for even a minor offense is constitutionally permissible. Continued resistance does not invalidate the arrest. It adds charges. The subject began this encounter facing a seconddegree misdemeanor. She ended it facing a felony. Lesson three. In Florida, refusing the breath test does not protect the criminal case. It costs the driver's license. The suspension is automatic, administrative, and independent of any court. It takes effect regardless of the criminal outcome. Under South Dakota versus Neville, the refusal itself becomes admissible as evidence of consciousness of guilt. There is no legal benefit to refusing and two concrete costs. Lesson four. One intentional touch of a law enforcement officer engaged in lawful duties is a felony in Florida. Florida statute section 784.07 requires no injury and no sustained contact. Any intentional touching, however slight, satisfies the battery element. The foot stomp took a fraction of a second. The legal consequence is up to 5 years in state prison. Lesson five. Body cameras record officer misconduct with the same fidelity they record citizen misconduct. The transport officer's remarks were captured completely on the body camera recording. Professional silence during transport is not a private moment. Agencies that fail to address documented professional standards violations bear institutional consequences in internal review, in civil litigation, and in public accountability. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. We read all of them. If there is a body cam interaction or legal question you want covered, let us
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