I need you to roll down the window. >> I need a moment, please. Just to get >> out. Okay. Go ahead and open the door. Why? >> Go ahead and open the door. Why? >> I'm not asking you to open the door. >> You actually do. >> Why am I being arrested? >> I need you to open. >> So, didn't I explain to you that this was a criminal charge, right? >> I'm being arrested. >> I need you to open the door. >> Am I being arrested? Ma'am, are you kidding me? >> A driver in Largo, Florida, asked an officer for one moment to compose herself. Minutes later, she was in handcuffs charged over an unsigned citation. The law behind that arrest is more complicated than it looks. This analysis follows the statutes, not the timeline. Five questions decide the case. The stop, the arrest, the tag seizure, the force, and the rights involved. >> Hello. No, I pulled you over today. No. Okay. So, are you the registered owner? Okay. So, your license is invalid. Do you have it on you? Yeah. According to uh your tag? Yeah. Do you have it on you? Do you know why it might be invalid? Okay. All right. Just hang tight cuz when I run your tag, it comes back as not valid. So, it's suspended in some kind of way for whatever reason. Yeah, I can check for you. Just give me a second. Okay. 65 >> info. >> 605. >> Um, does my RO have any priors for DWLS fire? >> You've got mail. All right, Miss Renee. So, your your license has been suspended since April, first of all. Um, >> what? >> So, you have like a f Can you turn the car off for me, actually, just cuz she So, let me explain. So, you have like a financial responsibility. I don't know if you got a prior ticket, you got something that you didn't pay. >> My insurance and I paid that and I paid because my >> There's no way to check. >> Okay. >> Why is he trying to open the trunk? >> Okay. So, hey, hang on. Listen. >> What's going on? >> So, the tag There's a cease tag order on your car. >> Case tag. >> Case tag. So, the tag has to come off. >> Wait, what's going on? I'm So, you're not telling me why. >> I'm explaining to you why. >> You're not letting me tell you why. Okay, there's nothing. >> So, I just told you your license has been suspended, first of all, and a financial obligation. Whatever you did, >> that doesn't make any sense. >> Okay. Well, I'm telling you that >> I just renewed my I just renewed this. >> You can show it to me. It might not be the insurance. >> What is it? >> It doesn't tell me what the financial obligation is. It just tells me that it is. >> I'm getting arrested. >> I mean, I don't want to say that. >> So, listen. >> All right. Listen. So, the license has been expired since April. I don't know what it's for. Financial obligation, whatever the case is. Okay. And there's also a cease tag order. So, which means we have to take the tag off the vehicle. Okay. >> So, with that, sure, I could arrest you. Um, I don't really want to go that route, but understand that you can't drive this vehicle. So, they're going to hang out with you for a second. You're going to figure some stuff out, but it is suspended. Okay, that's I'm not lying. There's no reason for me to lie. It's suspended and there's a cease tag order. So, the tag has to be Okay, I know you don't know what it's for, but I don't know what it's for either. Financial obligation. >> Insurance. You said insurance. >> She said she thinks it's insurance cuz she already paid for it or whatever, but you have to update it with me, >> right? So, it's probably insurance like you're saying. I It doesn't tell me what it is. So if you haven't updated it with them, that's why with the DMV. And they still got to have suspended, which not only suspend it, but it's got a cease tag order. So the tag's got to come off. Okay. So, you have no idea what what it's for besides that? >> I really know. I really You see how upset I am right now? >> I'm pretty sure people get upset even if they know what it's for. >> Do you want to see if there's any cars? >> Huh? >> What are you doing? Do you want to see if she has someone she can call? cuz we're going to take it. Good. Next time. All right, sit in it. I need you to roll down the window. >> I need a moment, please. Just to get >> out. Okay, go ahead and open the door. >> Why? >> Go ahead and open the door. >> Why? I'm not asking you to open to open the door. >> You actually do. >> Why am I being arrested? >> I need you to open the door. >> So, didn't I explain to you that this was a criminal charge, right? >> I need you to open the door. >> Am I being arrested? Ma'am, are you kidding me? Are you kidding me right now? >> Let him step out. I've asked you. I've asked you. >> I don't have to do it. I can't believe you. I can't believe this is happening right now. >> It wasn't Oh my god. Yeah. You um She's so small. >> This happened yesterday and um came out of multiple times. >> Yeah. Yeah, I'm a big friend. I'm a huge friend. That's why you got to catch me. >> No, you're not. >> That's why. >> Yeah, that's why. >> GPS or anything. >> Just Just the best you can. And I'll say just put the seat belt on. >> There's a It's not cuz you're a threat. It's cuz I asked you to sign it. I asked you multiple times. I wasn't going to arrest you, but And now you're feeling hurt cuz I didn't sign the DAMN >> CITATION. AND I ASKED FOR A SECOND JUST TO HAVE A GODDAMN MOMENT JUST TO GATHER MYSELF. I asked for a moment. >> I asked for a moment. >> Okay. >> I can't believe this. I didn't do anything to you. >> I didn't do anything to you. >> I didn't do anything. >> Okay. All right. Calm down, man. >> Why are you Are you kidding me? You're arresting me for no reason. YOU TELL ME TO CALM DOWN. HOLD ON. COME ON. Hold on. I was really trying to be nice. >> Now I'm going to have to try to look it up. I've never personally done one, but I know people have. >> For what? >> For the refusal to sign for the criminal citation. >> Yeah. I have to look it up cuz I haven't. >> I mean, I could arrest her anyways. >> Yeah. Let me let me pick the piece. I'm going to try to help you. Yeah. Yeah. >> Issue one, the stop. Under Kansas versus Glover decided in 2020, officers may stop a vehicle when records show the owner's license is suspended. That satisfies reasonable suspicion under Terry versus Ohio, 1968. Pennsylvania versus Mims, 1977, lets officers order a driver out of the car during a lawful stop. Rodriguez versus United States, 2015. bars prolonging a stop, but the confirmed suspension supplied independent grounds to continue. Issue two, the suspension. Florida statute 322.34 makes driving on a suspended license a crime only when the driver knows of the suspension. Without knowledge, it is a noncriminal moving violation. Knowledge is commonly proven by notice mailed to the address on file. So, surprise rarely ends the case, though it keeps the element contestable. Section 901.15 permits a warrantless arrest for a misdemeanor committed in the officer's presence. Issue three, the signature. Florida statute 318.14 requires a person cited for a criminal traffic offense to sign a promise to appear. Subsection 3 makes willful refusal a second degree misdemeanor punishable by up to 60 days in jail. Willful is the operative word. It generally requires a conscious deliberate refusal, not hesitation or a request for a moment. Signing admits nothing. It only acknowledges the promise to appear. So willfulness is the most contestable fact in the case. Probable cause allows an arrest but does not require one. Atwater versus city of Lago Vista 2001 permits custodial arrest even for minor offenses. Constitutional permission is not a duty and discretion remains with the officer and department policy. >> New dispatch info. >> New dispatch info. Dispatch info. [snorts] You dispatch info. >> You dispatch. >> You dispatch. You dispatch info. You dispatch info. New dispatch info. New dispatch info. New dispatch. So, what happened? >> No. >> She said, "I'm not signing." >> I swear to God, and the sister wouldn't give a [ __ ] about any of us. We're all women, >> but we all suffer a family of the system that you slain for. >> I most definitely told you that I was not trying to arrest you. >> You were very much uncooperative. >> Yeah. 4 foot 10 woman asking for just a few minutes to gather herself after being pulled over inexplicably. Literally, cuz you still haven't told me why my license is suspended. >> I've explained to you and you have to say all this stuff like I'm supposed to Okay, yeah, great. Thanks. That's not enough for me. >> I mean, I'm not sure what it is you want. I explained to you why why it's suspended. >> No, you didn't. >> Yes, I did. It's for a financial obligation. I can't see what financial obligation is that you didn't fulfill. >> You do. That's why the license has been suspended >> until I find that. >> So, whatever it is, I don't know what it is. It's probably something with insurance. Whatever the case is. >> It's not even legal for you to just search the car. >> All it's Yes, >> it's not legal. >> So, no judgment suspension. It was suspended on 45. Are you listening? 4524 >> non-judgment suspension. Florida authorities only seize Florida tag if the driver is the owner. >> What does that mean? >> It's a for financial obligation. So, whatever it is that you didn't pay >> or whatever the case. >> Nobody told me I owed. Nobody told me I owed anything. And now I'm in the back of a police car. Like >> and you couldn't give me a second to calm down. >> I've given you your pretty little paper. You couldn't give me a second. I'm literally Okay, whatever. There's no point in reasoning with you. You have my broken arm cuffed. >> Your broken arm cuffed. >> You dispatch info. >> Your arm is broken. >> You dispatch info. >> Is your arm broken? >> Yes, very much broken and in pain. >> Okay. Do you want the fire department to come check you out? Miss Pal, do you want the fire department to come check you out? >> No, I want to get out of the handcuffs. Miss Cop come up with these reasons that have absolutely no weight and you flash the badge and you think it's okay and you think that makes you deserve respect. It's so laughable. It's literally >> 56. >> Sure. >> You're a human being before you put the badge on. >> Absolutely. You're right. Can you do me a favor for my traffic stop? Could you open that back up? >> Three cop cars and I'm not even 5t tall. >> I'm not even 5t tall. >> I know. >> Like it's so funny. >> It has nothing to do with you being a threat at all. That's not That's not why. Your report's going to be 62137 6137. >> My ride has probably tried to call me back and is most likely freaking out by now. >> Who's your ride? Uh, best friend. >> One of these. >> Yes, that's her. >> Okay. Do we want to call him? >> I would like to. >> Okay. Is this right? >> What's your name? >> Can I talk to you? >> No, you're you're investigator. So, no. So, what's what's her name? I'm I'm really I'm trying to be nice here. I swear. >> Okay. I can tell her name is Karen. >> Karen? Is this Karen? >> Yeah. Hi. >> Hi, Karen. This is Officer Avon with the Largo Police Department. >> Hello. >> Hello. I have Miss Renee here. Um, I know you were going to come pick her up. Uh, she's actually in custody right now, so we don't no longer need you to pick her up. >> Okay. You have anything you want to say to her real quick? >> Sorry, Miss Karen. Go ahead. she's being taken to. >> So, she's she's going to be taken to the uh Penllis County Jail. Uh she's driving with a suspended license, >> which is notable offense as is. Then she refused to sign the ticket, which is another refused to. >> Um >> I never refused to sign. >> So, I just wanted to let you know that. >> Okay. Thank you. >> No problem. Bye. >> Hi. Hi. >> I already got it. I'm doing it. >> If you could just uh grab the mileage off of it. >> You good? >> Yeah, we're good. Thank you. >> Sounded entertaining radio. So, >> I guess >> I thought I would drive down and say hi. >> Appreciate it. >> Yep. I don't know why you're all marked up with black stuff all over you. I'm going to assume it's their car. >> What? Yeah. >> 55959. Hold on. Hold on. You too. Have fun. >> So much fun. >> Just wanted to come and say hi. >> Appreciate it. >> I needed a breaking machine. >> Oh, he's been I mean >> Yeah, I asked him for a screwdriver. >> Since like noon, >> I asked him for a screwdriver. He didn't come. >> I don't know. >> I don't know either. I don't know either. I adopted him at some point in time and then stuck with him forever now. >> Pretty much. >> Yeah, it's it's getting there. I feel that way. >> That's great. Now, the heat exhaustion I put myself through yesterday doing windows is not so great. >> Yeah. I got like two hours of sleep last night. >> Oh my god. >> But the good news is is I've got only windows in my house. >> You put your own windows in. >> Yeah. >> Oh my god. >> But that was a choice, I suppose. But I don't >> It's not hard. It's very labor intensive. There's a reason why you pay people to do that job. >> But why pay people when you have a husband? >> I couldn't hear you, Abraham. >> I said, "Why pay people when you have a husband?" >> Uh, that would be uh Christiey's exact point. She was, "You know, I really think you can do that." She tried that with me one time over plumbing. I looked at her, I said, "Call the plumber." She's like, "I got faith in you. You can do this." I'm like, "No, call the plumber." Plumber came out. $125 later, everything was fixed. It's like, "And that's the reason why you paint. That's a good feeling. >> Absolutely. All right. If you guys need anything, holler at me and we'll leave you to it. >> Appreciate it. >> See you. Okay. See you later. >> Yeah. Mr. Have you ever been arrested before? >> Okay. >> Car is good to go. I'll be in the car in >> Appreciate it. >> No, it's coming. It's coming. >> You disatch. >> Am I good to open it? >> Yeah. Yeah. Yeah. >> Let's probably go ahead and step out. View dispatch info. >> Move over and just call the general. >> Info. >> Let me just print this last one. >> You dispatch info. >> You dispatch info. Issue four, the tag. Florida statute 324.201 directs officers to seize the plate of an owner driving on a registration suspended under the Financial Responsibility Law. That is a statutory seizure, not a search under the Fourth Amendment. Issue five, force. Graham versus Connor, 1989. Judges forced by objective reasonleness at the moment it is used. Ordinary handcuffing that causes pain without more rarely establishes excessive force. What the officer knew matters. An injury first claimed after cuffing is judged differently from one known beforehand. Documenting the complaint and offering medical evaluation supports reasonleness, though the claimed fracture remains unverified on this record. Verbal criticism of officers is protected. City of Houston versus Hill 1987 recognizes broad First amendment freedom to challenge police. The arrest rested on statutory grounds, not on speech. Miranda versus Arizona, 1966 applies only to custodial interrogation. and Burkimer versus McCarti 1984 holds that a routine traffic stop is not custody. No questioning about the offense appears and a signature is not testimonial. Civil exposure is limited. Under section 1983, the federal civil rights statute qualified immunity shields officers unless clearly established law was violated. Under Devon Peek versus Alfred 2004, an arrest stands if probable cause existed for any offense. At the time of this analysis, no public record of the charges or any civil claim was located. The suspension charge depends on proof of knowledge and the signature charge depends on proof of willfulness. The officer receives a B-minus. He had statutory authority under sections 322.34, 318.14, and 901.15, and he handled the tag seizure and the injury complaint correctly. However, he chose custody over a calmer alternative he had openly considered, and he admitted unfamiliarity with the refusal charge. Legally available is not the same as legally necessary. The driver receives a C+ her composure, absence of physical resistance, and demand for an explanation count in her favor. However, treating the signature as optional risk a second criminal charge, and a request for a moment does not suspend a lawful instruction. Lessons: One, signing a Florida citation is not a confession. It is a promise to appear and refusing can cost more than the original violation. Two, knowingly driving on a suspended license is a crime, so status checks matter. Three, officers keep discretion even when arrest is available, so a calm request beats a refusal. Four, a tag seizure under the financial responsibility law is not a vehicle search. Five, an injury need not be proven on the spot.