It's fine. That's fine. I didn't hit a single call. >> Well, a bunch of people said you did. >> I did. >> And we got it on video. >> What? Show me the video. My handcuffs are really tight. They're bleeding. >> They're not bleeding. >> Um, they're hurting me really bad. >> I'm not resisting. >> What are you talking about? >> What are you? >> And we're going to have to pull her out and tarp her. It looks like >> I'm not resisting. On April 22nd, 2024, sheriff's office deputies handcuffed a woman over reports of a parking lot hit and run. Two standoffs at the patrol corridor. Three arrest announcements, one arrest. She argued that no one had pulled her over, so nothing had happened. The question is whether deputies had probable cause for a DUI arrest. >> Hey, come here. Get back. Come back. >> Yeah. >> Yeah. You you uh crashed into a bunch of cars. >> I did not. >> Yeah, you did. >> I did not. >> Here, take these. take these from you >> and >> Okay, turn around. Put your hands behind your back for the moment so we figure out what's going on. Okay. >> Okay. >> Turn around. Put your hands behind your back. >> Okay. And >> arresting me for what? >> Well, what cra Turn around. Okay. You cra Stop. Okay. >> For what? >> You crashed into a bunch of cars. >> I didn't. >> Okay. We got a bunch of calls on you. Huh? >> I did not. You're not. We got to call my attorney. I don't care about your attorney right now. Okay. >> Okay. So, what do I do? >> Don't stop. >> No, you're going to stop. You're going to stop. >> Don't make me do this bull. Okay. >> Someone not doing this. >> I know. Stop. Okay. I don't care what we're doing. Okay. Now, I'm going to put you in the car. >> No, you're not. >> I have a right to call. No, I have my right to I have a right to I'm not. >> Put your feet in or I'm going to force you to put your feet in. Call my attorney. >> I'll call your attorney when you put your feet in. >> I absolutely >> Put your feet in. >> I did not do anything right. >> Okay, then chill out and we'll figure it out in a minute. Put your feet in. >> My hands are really tight. >> Well, because you kept trying to snatch away from me. >> I did not. My handcuffs are really tight. They are bleeding. >> They're not bleeding. >> Um, they're hurting me really bad. >> They're not comfortable. >> They're really bad. Well, you shouldn't have tried to snatch away from >> I did not try to snatch away from you. >> Well, I mean, >> at least loosen them up. >> Okay. I I will shortly. Okay. Or we'll figure it out. But if you're going to keep being uncooperative with me, I'm not going to do it. >> Loosen them up. >> I will if you stop being uncooperative with me shortly. >> I'm being I'm not being uncooperative with you. I just >> Ma'am, you're on You're on body cam video. Okay. >> Absolutely. That's fine. >> 4659 St. John 10 434. >> Loosen my >> All right. Turn that way. You're not getting out. Turn that way. Put your foot back in. >> Can you pull? >> I'm looking. I'm trying to see how tight they are. >> They're really tight. >> Okay. Turn that way. >> Straighten your arms for me. >> I am straight my arms. >> Don't Don't do that. Bring your arms back. Bring your arms back. >> Are tight. >> All right. They're not too tight. I haven't had a chance to look at her car. She's hammered. I saw her driving right here. Yeah. >> Oh, yeah. Fantastic. Why did I do >> I told you you hit a bunch of cars in the in the Durban Pavilion parking lot. >> You got damage all over your car. We got >> this part of the image of my car for previous accident. >> Yeah, we got a bunch we got a bunch of witnesses. Okay. >> Who was the bunches? >> A bunch. >> So, we're we're going to deal with it shortly. >> That's fine. That's fine. I didn't get a single call. >> Well, a bunch of people said you did. >> I did. And we got it on video. >> Show me the video. >> You'll see it. Show me the video. >> You'll see it. Don't worry. >> Don't worry. >> That's fine. >> That's fine. >> Can you please go there? Super tired. >> I tried, but you weren't cooperating with me. Okay. >> They're hurting me. >> I was trying, but you weren't cooperating. >> I smell it. Well, my name is Deputy Evans with the sheriff's office and and uh >> I smell a strong odor of alcohol coming from your breath. You've been drinking. Well, it since you hit a car, you you're involved in a hit and run. Okay. >> I never hit a car. If they never pulled over, no one did anything. That's what I'm saying. Like >> Well, they saw you. >> Okay. If they would have pulled me over, I would have said something the whole time. >> Okay. >> That's what I'm saying. >> Well, here's what I'm going to do. I'm going to conduct a uh criminal investigation for DUI. Okay. And >> tight handcuff claims turn on three questions, a complaint, an ignored complaint, and an injury. The driver complained twice that the cuffs were tight. The deputy checked them, then said they were not too tight. He tied loosening them to her cooperation. The footage establishes no injury, and circuits differ. A complaint opens the claim injury usually decides it. >> And since you were seen driving >> a vehicle, I want to make sure that you're okay. So, >> okay. So, what we're going to So, what So, what we're going to do >> Yeah. Yeah. Yeah. So, so what we're going to do, we're going to take them off >> and then uh we're going to do some what's called field strate. >> There's a nice white line over there. >> Come on out. >> Please. I can't. >> What's your first name? >> You can step out. >> Anastasia. >> Yes, sir. >> Go ahead and step out. I'll take them off. >> So, I'll take them off for you. Okay. >> No. Hold on. >> You okay? >> No. No. No. I'm not. >> Okay. I don't need to. Well, how about we pull this up for you? >> We don't want you to be naked. >> Okay. Go ahead and turn around. We'll take them off for you. >> All right. When I tell you to do so, what I want you to do is put your right hand on top of your head till I tell you to take it down. All right. >> All right. >> All right. I appreciate your cooperation. >> Thank you, babes. Babes. H I haven't been called that in many years. >> Cuz my shirt I'm a dancer. >> You're a what? >> Dancer. >> A dancer. What kind of dance? >> Adult. >> Huh? >> Adult. >> Adult dancer. Okay. Nothing wrong with that. >> Okay. >> We all have to make a living, right? >> Yes, I do. >> All right. >> Okay. >> All right. So, what I need for you to do is I need for you to come over here with me >> and we're going to make sure that you're okay. Do me a favor. See this line right here? What I need for you to do >> is put your together. Tell him I'm sensitive. >> Who they calling you? >> Right. >> I got it. >> So, you don't want to do the >> Okay. At this point, you are going to be placed under arrest. >> I will be gentle. I'm always gentle. >> I'm always gentle. >> Okay. >> All right. >> Thank you. >> I'm always gentle. >> Okay. >> And I'll put these nice and loose on you so they won't hurt your wrist. >> Thank you. You're amazing. Thank you. >> We're here to help you. >> I know you are. You're being nice. You're not being nice. You're being nice. >> Who Who wasn't being nice? My boss. >> My boss is a super super nice guy. >> You're super nice. You're being super nice. Okay. >> Oh my god. Hold on. Stop. >> My [ __ ] is flying up. >> I don't need to know anything about your >> Can someone like >> We're working on it. >> No, no, no. Can you like >> You're good now. We moved you so the wind doesn't blow where things can be shown. >> All right. At this time, you are being placed under arrest for DUI. Okay. >> Okay. >> I have to read a few things for you, but we can do that in the car. >> Okay. >> All right. >> Yeah. Come on over. >> Oh, easy. >> Okay. >> No, you tricked me. >> Come on. You can't walk very well. That's fine. >> No, he tricked me. >> He didn't trick you. Relax. >> How many? You were being so nice to me and now you're yelling at me. >> I am I'm fix your top. Okay, there you >> go. Have a seat. >> I got to read read you a few things. Okay. >> The pivotal legal moment was not the sobriety test. It was the arrest announced before any test result appears on the footage. Under a water versus city of Lago Vista decided in 2001, probable cause is the threshold for any arrest, even a minor offense. The deputies cited witness reports of a crash and a claimed odor of alcohol, which may suffice without a test. An arrest needs probable cause, not a perfect test. >> I want you to pay attention, okay? >> You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. Do you understand each of these rights that I have explained to you? >> Yes, I do. >> All right. With these rights in mind, do you want to talk to me about what's going on today? >> I wonder why you call me this one. >> Okay. Well, we'll start with the well the hit and run over in the Petco parking lot. You hit a car. >> Okay. >> So, you were seen by a person. >> Mhm. >> Hitting their car. >> Okay. >> Okay. You have damage consistent with the damage. >> Actually, I have damage from my consistent from my previous accident two months ago that they didn't fix from Mercedes. I can testify to the MercedesBenz accident because I was hit two months ago. That is not true. We can testify and I can show you the record. >> I can show you. Let me >> I'm not doing I'm not doing the crash investigation. Anthony Claus is doing the crash investigation. And what'll happen is you'll get the paperwork for that. >> Yeah, that's fine. >> But I'm doing the criminal investigation and that's for DUI. Okay. You were seen driving a motor vehicle. Okay. I smell a strong odor of an alcoholic beverage. >> Alcohol >> emitting from your breath. Okay. And that's what you assume. >> No, I can smell it. >> You can smell it. So your smell is for alcohol. I did not tell you. >> You told me that you had to drink at the time. >> No, that's not what I told you. >> Go ahead and slide your feet that way. Okay. So, what? >> Slide your feet that way. >> I said >> Yes. Yes. Yes. Okay. >> Slide your feet down. >> Okay. >> All right. Bingo. >> I don't want you to open the door. I want you to >> close the door and we'll talk about it. >> No, cuz if you put your feet in Put your feet in. You are going to jail. You're under arrest. >> I'm not. >> Okay. Put your feet in. >> If you If you resist, you're going to catch another charge. So, I'm going to give you one more opportunity. >> Sir, you said >> put your feet in the car. >> What you said was if I am >> sit up. Stop being ridiculous. >> Stop. Okay, relax. I'm going to sit you back up and we're going to shut the door. >> Okay, relax. >> Just sit up, please. >> We're going to have to Can you pull her over, Josh? >> All right, I'm going to shut this door and then we're going to have to kick her feet up. Good night. >> I'm not resisting. >> What are you talking about? >> What are you? >> And we're going to have to pull her out and tarp her. It looks like >> I'm not resisting. What are you talking about? What's up, bud? >> Hey, um I want to give you a couple updates on your mom. >> Okay, we've got her. She's going to be going to jail tonight. >> Why? >> Okay. She would hit a bunch of cars in the parking lot and she's real drunk. >> So, yeah. Um are you is there anybody else that can come hang out with you or are you good by yourself? >> I'm good by myself. Okay, sorry to give you this news, ma'am, but it just kind of is what it is. >> Florida versus Powell, decided in 2010, allows flexible wording if a warning reasonably conveys the right to a lawyer during questioning. The recited warning mentions a lawyer for advice before questions, and audio gaps leave its full wording uncertain. Before any warning, she asked to call her attorney. Under Davis versus United States decided in 1994, only a clear request stops questioning. At the patrol car door, a deputy warned that resisting would add a charge, and she later said she was not resisting. State law, not this recording, decides whether that was resistance. The deputies earn a B minus. They stayed composed, checked the cuffs, and later applied them loosely, but they tied relief to cooperation, and announced the arrest before any test result appears. The driver earns a C. She voiced the handcuff pain clearly and asked for counsel, both sound moves, but she twice refused to put her feet in the car, and she denied any crash before pointing to old damage. First, a detained person should say plainly that the handcuffs hurt. A complaint is the first element of any claim. Second, a detained person should ask for counsel in plain words because only a clear request stops questioning. Third, a detained person should remember that probable cause alone makes an arrest lawful however many times it is announced. 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.