Okay, go ahead. Put your hands behind your back. >> What the [ __ ] >> Put your hands behind your back, ma'am. I suspect you to be under the influence of a controlled substance, okay? >> On March 7th, 2026, Boynton Beach police stopped a driver named Jamie after a citizen complaint. Four legal questions decide this case: the stop, the tests, the vehicle search, and the refusal. Viewer advisory: strong language and handcuffing. >> It's a four-way back southbound on Congress, past Congress Road. He's weaving all over. Should I let him know we're just observing driving pattern right now? >> Yeah. No, they know we are. >> I hope so. >> Yeah, you can go ahead and stop him. >> Oh, Jesus. >> I want to we stopped him at the end of the vehicle. He's still moving forward. Want him to pull over Clipper Road. See if he stops. I want to find out if he's going to be near the entrance of Clipper Road. Yeah, something's going on. I'm taking the lane. I suspect he's going to be moving. here. Hello. >> Hi. >> Officer Morales, Winnetka Police Department. Can you hear me or should I shut off the car? >> Okay. >> All right, the reason I'm pulling you over is cuz you're swerving a little bit all over the road. Are you okay? >> I'm totally fine. >> Why are you swerving all over the road? Do you have any medical conditions? Do you have any medical emergency? >> No, I'm not swerving all over the road. I'm just trying to get home. >> Where do you live? >> I live just around the block. >> Just around the block? Where's that? >> Uh I live on I live right around the block. >> Okay. You know that's like way down that way, right? >> No, that's not way down that way. That's right around the corner. >> Okay. You have a driver's license with you? >> I do. >> Any weapons or drugs in the vehicle? >> I don't have any weapons or drugs in my vehicle. >> Okay. >> Is there a reason >> Is there a reason What's that, sorry? >> I'm asking if there's a reason >> Yeah, like I told you you were swerving over the road. And also that somebody called in a driving complaint on you. >> I highly doubt that's true. >> Okay. Why don't you go ahead and step out of the vehicle for me? Come back here. >> Excuse me? >> Yeah, step on out. >> Oh my god. >> Leave everything in the car, step out. Come on back to the back. Step on out of the car. Let's put some on out. Is this car registered to you or is it a rental? >> It is my car. It's registered to me. >> Okay. Do you live in Texas? >> I do live in Texas, yes. >> Do you have a Nevada driver's license? >> Sorry, what? >> have a Nevada driver's license? >> I have a Nevada driver's license, yes. >> Did you used to live in Nevada? >> I did. >> How long have you been living in Texas? >> How long have I lived in Texas? >> Yeah, how long have you been living in Texas? >> How long have I been living in Texas? >> Is that where you're living now? >> I was living in Texas, yes. I just moved here. >> Oh, okay. How long ago did you move? >> I'm not a couple of years. >> A couple of years? You know you got to get a Florida driver's license after, I believe it's 10 days of moving here, right? >> I do. >> Okay. >> It's kind of hard to, you know, move to a new state. With new license, but yes, I do know that I have to get the new plate. >> Yeah, you got to get a new driver's license, new plate. >> Yes, I >> All that good stuff. >> I know. I'm trying. It's not It's not It's not the easiest thing to do. >> the hardest thing to do. It doesn't take a few years. >> I know. I just >> maybe, but years is kind of crazy. You pay bills, right? >> I know. It's >> So, all you got to do is take two pieces of mail and say, "Hey, I live here now. Can I please have a driver's license?" >> I know. You're right. You're absolutely right. Um I do >> Where are you coming from, ma'am? >> Where am I coming from, ma'am? >> Yeah. >> Uh just locally just like at my mom's house. >> Which is where? >> Uh West Palm. >> You're coming from West Palm? >> Mhm. >> Okay. >> I just I moved here like a couple of years ago. So >> You moved here a couple of years ago? >> Yeah. >> Okay. You haven't been living in Texas or Nevada? >> I lived in Texas. >> Okay. When was that? What year? >> Just Just recently a couple of years >> Okay. Are you on any medication? >> No. >> No? >> No. >> Okay. >> No. >> Have you taken anything tonight? >> No. >> Okay. Here Here's where I'm at, okay? Your driving conduct was horrible. You're making no sense on where you're living from. West Palm is that way. You were coming from Delray. All right. So I don't even think you know where you are right now. You're You're acting very confused. So I I have reason to believe right now that you may have something in your system that's affecting your driving. >> Okay. Um I >> So if you've been taking medication, like just let me know and that can be a reason that maybe something's affecting you. >> I truly understand what you're saying. I have had no medication at all. >> Okay. No alcohol? >> No. Um >> No drugs? >> have had no alcohol medication >> Okay. >> Um at all. I don't want anyone to suspect me of that, but that is not at all >> Okay. >> what I would like to come across. >> So if you have no concerns that you've taken anything tonight, um um would you be willing to um if I can check a couple things with you just to make sure that you're okay to be driving, is that okay? >> Absolutely. >> Okay. Is there there's nothing in the vehicle that we should be worried about? >> No. >> Would you consent to a search of your vehicle? >> I don't appreciate anyone searching my vehicle. That's kind of >> And that's your that's your right. That's why I asked. That's all. Okay. But I want to make sure that you're okay to be driving, okay? Because because what we what we saw on the roadway, we can't let you drive like that. So I I need to make sure you're in >> Yeah, I mean I just moved here recently. I don't want anyone moving >> Okay. >> in my vehicle. >> Yeah. >> I just want to go home safely. >> Okay. >> Um I really would not like anyone to I have nothing to hide >> Okay. >> but I really don't want anyone going through my vehicle. >> What what's your first name, ma'am? >> Jamie. >> Jamie, my name's Officer Hector, okay? >> Hi, Hector. >> So I just want to like I said, I want to check a couple things with you, make sure you're okay to be driving, all right? Cuz I do have some concerns right now based on what I've what I've observed so far with you, okay? >> Okay. >> Do you have any issues with walking, standing, balancing, any issues with your eyes, head, anything that I should know about? Do you wear contacts? >> No. >> No? Do you want to just put your stuff down on the bumper real quick for me? >> I'm just really concerned with whoever's [music] saying that there's something wrong with me. >> Well, someone called about your driving conduct. They said you were unable to maintain your your lane. So that's that's what they're concerned about. >> Okay. >> So what I'm going to have you do, just put your feet together, hands at your sides. >> Okay, I just before I just like I like I'm just trying to go home. >> no, I understand. >> And I don't feel very comfortable. >> we we want you to get home safely. That's why we're out here. >> I will do whatever test you want, but I just want you guys to know like I just want to go home. >> my light is? Put your feet together, hands at your sides, stand just like that, okay? Do you see my light right here? >> The blue light? >> The blue light. >> Okay. >> What I want you to do is follow it with your eyes and your eyes only. Do you understand those instructions? Don't move your head, okay? Can you keep your hands at your sides for me? Thank you. Nope, keep your head straight. Your body straight, okay? Follow it. >> 23 41 >> I'm going to go up this time, okay? >> 42 42 >> Okay Jamie, the next thing I'm going to have you do, okay? Um It's going to be easy This is probably the flattest surface, okay? What you're going to do, see my light? You're going to pretend there's an imaginary line straight out that way, okay? >> Okay. >> What I want you to do, put your left foot on that imaginary line, right foot touching heel to toe. Hands at your sides. >> Like this? >> No, put your right foot in front, yep. Hands at your sides. Don't Don't start yet. Remain in that position, okay? Right foot in front, left foot behind. No, don't start yet. No. Just like I'm standing, okay? Right foot in front, left foot back. >> I don't know You told me not to stop and I'm trying to >> No, no, no, no. Left foot on the line, right foot touching heel to toe. Right there. Put your Do you want to do it with your sandals off? Would that be easier? >> No, I just want to know when you want me to start. >> Okay, left foot on the line, right foot touching heel to toe. >> Is that all right? >> But you got to put your right foot in front. >> You want me to right foot in front? >> There you go, stop. Stop, right there. Remain in that position till I tell you to start, okay? I'm going to I'm going to explain the instructions for you, okay? What you're going to do when I tell you to, you're going to take a series of nine heel-to-toe steps down, nine heel-to-toe steps back, okay? I'm going to demonstrate it so you understand. After you take nine steps, you're going to turn around, take nine steps back, okay? While you do this, you're going to keep your eyes at your feet, your hands at your sides. You're going to count each step out loud, okay? It's going to look like this. One. Two. Three. When you get to your ninth step, keep that front foot planted, couple Take a couple small steps. Take nine steps back, okay? One. Two. Three. And so on all the way to nine, okay? Like I said, eyes at your feet, hands at your sides, count each step out loud. And once you begin the exercise, do not stop until you have completed the entirety of the exercise. Do you understand the instructions? >> Yes. >> Whenever you're ready, you can go ahead. >> 1 2 3 4 >> Hands at your sides. >> 5 What is it? 6 7 8 9 >> In proper turn. >> Is that the instructions? >> Keep going as I instructed you. >> 1 2 3 4 5 6 >> Okay. All right, the next thing is called the one leg stand, all right? What you're going to do when I tell you to, you're going to raise your foot, either foot, left or right, approximately 6 to 10 inches off the ground, okay? While you do this, you're going to keep your foot parallel to the ground, and you're going to look at the tip of your toe. All right? It's going to look like this, okay? Keep your hand While you do this, you're going to keep your hands at your sides, eyes at your foot. You're going to count out loud, 1,001, 1,002, 1,003, and so on until I tell you to stop, all right? So, are you Are you looking at me? It's going to look like this. >> you. >> Okay, it's going to look like this, 1,001, 1,002, 1,003. If for any Don't start yet. If for any reason, put it down, please. If for any reason your foot comes down accidentally, pick it back up, continue counting where you left off, okay? And you're going to do this until I tell you to stop. Do you understand the instructions? >> Yes. >> Whenever you're ready, you can begin. >> 1,001, 1,002, 1,003 >> Look at the tip of your toe, please. >> 1,004, 1,005, >> Look at the tip of your toe. >> 1,007, 1,008, >> Hands at your sides. >> 1,009, 1,010, 1,011, 1,012, 2014, 2015, 2016, 2017, 2018 >> Look at the tip of your toe. >> 2019, 2020, 2020, 2021, 2022 >> Okay, you can go ahead and put it down. Okay, so for this this next one feet together, hands at your sides again, okay? What you're going to do on this one s- This one's very simple. All you're going to do, you're going to close your eyes, tilt your head back, and you're going to estimate the passage of 30 seconds. When you think 30 seconds is >> Wait, wait, wait, one more time. Hands by my side, and what is it? >> together, hands at your sides. You're going to tilt your When I tell you to, you're going to tilt your head back, close your eyes. You're going to estimate the passage of 30 seconds. When you think 30 seconds is st- has passed, you're going to open your eyes, look forward, and say, "Stop." You understand the instructions? >> You want me to count to 30 and tell you when 30's happened? >> Yes, correct. >> Okay. >> Go ahead, tilt your head back. Keep your eyes closed. And ready, begin. >> Seems about 30. >> Okay. How did you get to that number? >> I counted in my head, 1,001, 1,002. >> Okay. Okay. Next thing you're going to do feet together, Your at your sides again, okay? You're going to extend your You're going to turn your palms towards me like this. Extend your index fingers. >> Okay. >> Okay. Keep them down for now, okay? When I tell you to, you're going to close your eyes, tilt your head back just like on the last one, okay? If I say left, you're going to raise your left hand. You're going to touch the very tip of your Don't start yet, please. You're going to touch the very tip of your nose. As soon as you touch the tip of your nose, you're going to bring your hand straight back down, okay? And when I say with the tip of your finger to the tip of your nose like this, not with the pad of your finger, okay? >> Got it. >> So, if I say left, if I say right, left, right, and so on, okay? >> I'm aware. >> Okay, go ahead. Close your eyes. Tilt your head back. Tilt your head back. Left. Right. Left. Right. Right. And left. Okay. Go ahead. Put your hands behind your back. >> What the [ __ ] >> Put your hands behind your back now. I suspect you to be under the influence of a controlled substance, okay? >> Oh, no. >> Anything that's going to poke, stick, hurt me that I breathe in in the vehicle that you don't want to tell me about because we're going to search the vehicle now, okay? So, this is your opportunity to tell me because I don't want to get hurt if there's anything in there. >> There's nothing in my vehicle. >> Okay. All right. I just wanted to check. >> [music] >> Issue one, the stop. Under the Fourth Amendment, a traffic stop is a seizure that requires reasonable suspicion. Terry versus Ohio, 392 US 1, 1968, demands specific articulable facts. Navarette versus California 572 US 393 2014 holds that a citizen's report of dangerous driving corroborated by officers can supply them. Here, both were present. Issue two, the exit order and the scope of the stop. Pennsylvania versus Mims 434 US 6 1977 allows officers to order a lawfully stopped driver out of the vehicle. Rodriguez versus United States 575 US 348 2015 limits a stop to its mission unless new suspicion arises. Disorientation and contradictory answers about her address supplied it. Issue three, Miranda. Under Berkemer versus McCarty 468 US 420 1984, a routine traffic stop is not custody, so roadside questions require no warnings. Pennsylvania versus Muniz 496 US 582 1990 adds that physical sobriety performance is non-testimonial. Her inconsistent answers were therefore admissible and help build probable cause. Issue four, consent. Under Schneckloth versus Bustamonte 412 US 218 1973, consent must be voluntary. Florida versus Bostick 501 US 429 1991 adds that declining a search without more cannot create suspicion. The officer acknowledged the refusal and moved on. That is the constitutionally correct response. Issue five, field sobriety tests. Florida statute section 316.193 prohibits driving when normal faculties are impaired. The horizontal gaze nystagmus test predicts a blood alcohol level of 0.08 or higher with roughly 88% accuracy, according to NHTSA research. Depressant drugs also produce nystagmus, which fits the officer's drug impairment theory. The walk and turn and one leg stand are scored by NHTSA clues, and both are valid only when administered per protocol. Repeated corrections about starting early invite a defense argument that instruction stage clues were inflated. The Romberg and finger-to-nose tests sit outside the standardized battery and carry less weight. Together, the tests support probable cause, not a chemical result. Issue six, the arrest. 540 US 366 2003 defines probable cause as a reasonable ground for belief of guilt judged on the totality of the circumstances. Erratic driving, confusion, inconsistent statements, and test performance combined meet that standard, so the arrest and the implied consent duties that follow were lawful. >> Cuz you were absolutely under the influence of something. >> Absolutely nothing. >> Uh that's what I know. >> That's what you think you know. It's fine. Why did you check on me? >> You can go ahead and >> What is that on? >> No. You want to drive it? 21 Mobile 12, can you have one right female 10-15 10-19? Uh we'll have 14 out for Batman. He's at 12330. Mobile 12, can you start out female 10-19 10-4? I'm going to sit in here for now, all right? >> Yeah, she can sit here. >> Face it forward. Face towards me. It's a lot easier if you sit down first and swing your legs in. >> It must be so easy. What is this? >> It's a seat belt. So you can be safe. >> I know that dog. >> For a dog? >> Yeah. >> Oh god. It's for humans. >> So you can hit me now. >> We're crossing the county line. Mobile 12, can you start out 10-70 bar rotation? Do you want her What's that? Do you want her to take this to the pocketbook with her? Yeah, she can take that with her. I don't know what she I don't know what she has on the board, but I mean she was generally crazy. She's all over the place. >> You want to pull up drugs.com? >> You got something? >> Yeah, two pills, capsules. >> And you take them for evidence. They're It's not going to be That That could be like a [ __ ] That could be That could be a I would just take them for evidence. >> Issue seven, the vehicle search. Arizona versus Gant, 556 9, permits a search after arrest when it is reasonable to believe evidence of the offense of arrest is inside. Courts divide on whether DUI alone satisfies that prong. Under a drug impairment theory, pills and paraphernalia are plainly relevant evidence. An impound supplies a second basis. South Dakota versus Opperman, 428 US 364 1976, and Florida versus Wells, 495 US 1990, allow inventory searches under standardized policy. The unidentified pills, however, prove nothing until a laboratory identifies them, and no drug recognition expert evaluation appears in this footage, a gap defense counsel would target. Issue eight, chemical testing. Florida statute section 316.1932 deems every driver to have consented to testing after a lawful DUI arrest. Birchfield versus North Dakota, 579 US 438 2016, permits warrantless breath tests incident to arrest, but not warrantless blood tests. A first refusal carries a 1-year license suspension under Florida law. South Dakota versus Neville, 459 US 553 1983, holds that admitting a refusal at trial does not violate the Fifth Amendment, but refusal must be willful. One sample reportedly measured 0.142, later samples were incomplete, and officers reported no odor of alcohol. A defense expert could argue physical inability, not refusal. Issue nine, speech. City of Houston versus Hill, 482 US 451 1987, protects verbal criticism of police, including profanity. Only fighting words or true threats fall outside it under Chaplinsky versus New Hampshire, 315 US 568 1942. Insults were protected. Volunteered remarks, however, fall outside Miranda under Rhode Island versus Innis, 446 US 291 1980. Case outcome: Reported court records indicate prosecutors dropped the refusal counts and kept the DUI charge, and the defendant pleaded not guilty and was reportedly accepted into a diversion program. No drug possession charge appears. Florida statute section 316.656 restricts DUI plea reductions, so this result is unusual and should be independently verified. >> Does she live in a car? >> I don't know. >> Did the stain get through the guy? >> Oh, crazy. >> Yeah. >> So, she's under the influence of a depressant? >> Uh Uh >> This is >> I'm going to grab a bag real quick and dump this in like >> What? >> Go through my [ __ ] car, you [ __ ] piece of [ __ ] pigs. Go through it. And I know you're watching, you [ __ ] losers. There's nothing in my vehicle, you [ __ ] losers. You're going through what? Pads? You're going through nothing. Like, you're going through nothing. What are you bringing back to me? Like, I can't wait. What is this? Let's see. What is it? Like, what kind of [ __ ] DNA are you bringing? Like, what is it? >> Pull that. >> Uh-huh. >> Like, what are you two doing? What are you going to look through my What are you doing? I don't like this. Excuse me. Hi. >> Yes. What's up? >> What do you mean, "What's up?" >> What's going on? We need >> What are you talking about? >> What are you talking about? >> What the [ __ ] is wrong with you people? What are you looking for? You're You're trying so hard. Look at you guys. Look at you. All three of you. You're trying so hard. You're trying so hard to find something on me. Look at you guys. What kind of criminal Oh my god. There are people people for really awful things. There are people who are dying for really awful [ __ ] and you want to Look at you guys. Holy [ __ ] You're on my ass for nothing. Look at this. What the What do you think you're going to find? Like, some crazy thing? Like, what the [ __ ] is going on? Like, what do you think's going to [ __ ] happen, you [ __ ] losers? Like, what the [ __ ] are you losers going to find? You're losers. >> Jamie. >> Yeah. >> The female officer is here to search you, okay? >> Go for it. >> Before she searches you, is there anything on you she's going to find that she's not going to like? >> Nope. >> You sure? >> Nope. >> No, you're not sure? >> She can search me all she wants. >> She's going to search you, okay. >> Please do. >> Jamie, what's your address for Florida? That one? >> Huh? >> Jamie, what's your phone number? Spread your feet out. Like you guys. >> This sucks. >> You got a phone number, Jamie? >> Oh my god. I don't want to talk to anybody. >> Okay. Well, the thing is, you're going to get paperwork sent to you. So, if you don't have information and you miss your court date, then you get a warrant. >> I don't know what you're intimidating me for. You're intimidating me for nothing. There are people who are actually committing crimes. >> Yeah, like you. Drinking and driving. >> Oh my god. >> Jamie, one more time, can I please have your phone number? >> It's called "Eat my words, kiss my ass." >> I like that number. >> How busy. Jesus Christ. These poor people that are actually >> No, somebody help. Help tonight. >> And you guys are like, "Oh my god, let me let me waste all my time and money on these people." >> Thank god you didn't kill anybody. >> god. Thank god I have nothing to do. >> Yeah, you didn't kill anyone tonight. >> Oh my god. >> How blessed am I? >> Oh my god. [ __ ] loser. Oh my god, I'm saving the world. >> Terrible. She's all driving really slow. You could tell she didn't know where she was going. She's super She's super confused. Said she was coming from West Palm Beach at her friend's house. And then she said then she said she moved to Florida years ago, but then she was like talking about how she just moved here recently and she her story was all over the place like living in Nevada or Texas. She's super confused, so I don't think it's alcohol. I didn't smell anything. Did you? I think it's controlled substances. Yeah, that's it. >> Keep talking real quick. >> She She has like a baby seat on the passenger side. She could be drinking that. Took something cuz >> Um there's like a towel thing in there and it's [ __ ] pool water or piss or something. >> All right. So maybe she was like a alcoholic or something. >> What if it's If it's alcohol, I didn't I didn't smell anything. Her eyes were Her eyes were dilated, so >> Yeah, so maybe Xanax. She partying hard. >> Come on. >> Keep going. >> Drive. It's not that hard. >> Thank you. Thank you. How do I get in contact with anyone? >> Uh once we get through the whole DUI process and you'll get booked in the county that as long as you can call a local number you can meet >> If I don't know anyone's number, how do I get >> Well, we'll work with you. You're We have your phone, so >> Cuz I have to >> We'll work with you. >> Can I go to work on Monday or is that not possible? >> only got You only got to be there for 8 hours. >> What's today, Saturday? >> Uh yeah, it's still affecting you. So you'll be out by probably noon tomorrow. >> Oh, great. I can't wait. What happens to my truck? >> It's being impounded. >> To where? >> Uh Stowen. >> What Where's that? >> Boynton Beach. >> It's going to stay in Boynton? >> Yeah, you got to get it out. I don't know if they're open on Sundays. >> Okay. >> You have to get it off. >> Cuz I need my car, my truck. You guys are really saving the town here. You really did work. Oh, my poor truck. See? >> Do you have a name for her? Lucy? >> Uh, you don't get to call her that. >> Sorry. >> You definitely don't get to call her that. >> Who's called Lucy, sorry? >> Definitely not your wife. >> No. Think about >> Oh, no. I'm done. I'm done. I won't sleep better tonight. >> Do you need help? How tall are you? >> How tall do you think I am? >> 5'6"? >> Then I'm 5'6". You guys should pull over this guy. He's going pretty slow. He seems pretty suspicious. Maybe you should pull him over. And that guy, too. He's being really suspicious over on the left. Well, everyone's being suspicious. >> Two more keys for opium. >> I'll be going there. All right, I'm out. I think you guys can burn. 23. >> Opium? What the [ __ ] >> What? What the are these people doing? What the are they doing? This is insane. What the They're so eager to use their gadgets. Oh my god. They're so eager to use their gadget. What are they trying to do? What the [ __ ] wrong with these cops? Just going through my car and just digging in and trying to find something wrong. Just sending in, yeah, just send it in. Just just see what it's all about even though I have nothing. I'm just going to keep I'm just going to find whatever I can to make this girl's life a living hell. Just because they're like Just because Yeah, just test it. Yeah. What the [ __ ] losers. >> Officer Malone receives a B+. The stop rested on a corroborated tip. The exit order followed Mims and the consent refusal was honored immediately. However, the roadside questioning about residency drifted from the investigation. Under Terry and Navarrete, the stop cleared the threshold. Minor tone issues keep this from an A. Officer Hector receives an A-. He administered the standardized battery patiently across nearly 10 minutes and identified possible drug impairment instead of defaulting to alcohol. However, repeated corrections during the walk and turn setup and the use of non-standardized tests leave openings on cross-examination. The performance met the NHTSA a with imperfections. Jamie receives a C plus. Declining the vehicle search was a lawful exercise of a constitutional right and her profanity was protected speech. However, inconsistent answers built probable cause, incomplete breath samples created a refusal record, and she answered questions she could have declined. Rights exercised will count for little when statements undermine them. The department receives a B. Officer stayed composed through 30 minutes of hostility and used no force beyond handcuffing. However, sarcastic remarks aimed at the arrestee and an offhand drinking accusation that conflicted with the officer's own drug impairment theory create impeachment risk. Overall, this was a lawful encounter. The closest questions concern evidence, not the Constitution. Lessons learned. One, a corroborated citizen complaint plus an officer's own observation justifies a stop. Two, a vehicle search may be refused, but refusing chemical testing after a lawful DUI arrest triggers penalties under Florida's implied consent law. Three, before custody roadside answers are not protected by Miranda and silence must be invoked clearly. Four, hostility toward officers is protected speech but never improves a legal position. Five, an arrest is not a conviction since the state must still prove impairment beyond a reasonable doubt. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching.