Who is driving your car right now? Look, I got told you you were doing 117. >> Yeah, I mean literally never go that fast. I don't have zero speeding tickets. >> At 117 miles an hour. Do you know that >> car. >> Right. Do you know they just passed a new law, right? >> Uh no, I'm not aware. >> Anything over 100 miles an hour or 50 miles above the speed the speed limit, it's a misdemeanor. Okay? >> So, what what does that mean? >> You're being arrested for your speeding. Okay? >> On July 12th, 2025, a traffic stop became a criminal arrest. Five legal issues followed tests against the Fourth Amendment, the Fifth Amendment, and Florida law. >> 1414, are you good for? 7070. 7070. >> 581. >> 581. >> Copy, somebody. Your license. >> Uh do you want to just stay here for a minute? >> Let me get your license first, okay? >> How much are you guys by the way? How much are you guys by the way? The reason I'm stopping you. You're faster going than 18. What's that? You don't know how fast? Do you want me to tell you how fast you're going? You were 117. 117. Why are you going so fast? Do me a favor, pull up a little bit. Pull up in the Congo River parking lot there. 81, can I get one more? Can I get one more? I'll be in the Congo River parking lot. Caroline to Caroline. I'll be in the parking lot. You got your shoes? >> Yes. Who wants to >> This is like totally awesome. >> Is there something to what? Can you take this off? How old are you? Okay. All right. >> I dropped my phone. >> We will get all that stuff, okay? We'll walk over here, okay? All right. The reason why you're handcuffed right now is that I got told you were doing 117. >> Yeah, I'm literally never going that fast. I have zero speeding tickets. >> At 117 miles an hour. Do you know that >> car. >> Right. Do you know they just passed a new law, right? >> Uh no, I'm not aware. >> Okay. So, anything over 100 miles an hour or 50 miles above the speed limit is a misdemeanor. Okay? Do you understand that law? >> So, what does that mean? >> You're being arrested for speeding. Okay? >> Okay. >> All right. Just turn it off, okay? 117. You You passed my car. You were in that You were in the far left lane. You were driving that car at 117 miles an hour. >> All right. >> Just cuz you were having fun. >> All right. I understand. >> Okay? >> Wait, why is he being arrested? >> Oh. We'll get everything squared away. >> Oh. Did they leave the car on? >> Well, she Well, she got the keys in there. >> Um I don't know. >> Is it Whose car is it? Is it your car, right? >> Yeah, it's my car. >> Okay. >> Should be in there. >> All right. Is there anything on you? Cuz I'm going to have a female officer come search you. >> Okay. >> There's nothing >> No, >> I prefer >> So, who is that to you? >> That's my husband. >> That's your husband. All right. Did you tell him to slow down or >> Um yeah. >> It's not >> It's fast. >> Okay. But but not a place to do it, right? If you want to go that fast, there's a there's a racetrack for that kind of stuff. Okay. >> Yeah, but we we know. >> All right. Cuz what you're doing is it's racing, too, okay? It's considered racing. You're exhibition of a speed. All right. >> Sorry. I I really wasn't aware that I I literally never go fast. >> All right. Well, you just hang tight. >> All right. >> Um we're going >> a question. Um why is he getting arrested? >> Because everybody in the car for racing they go to jail, okay? I'm going to go talk to him here in a second. Um but that's how it is. It doesn't matter. People can be They can be They can be sitting on the side of the street watching racing. They can go to jail, okay? >> Okay. But does that Are we like actually going to jail or is it like >> Yes. >> bond out type situation? >> No, you're going to jail. Okay. Just hang tight. I'll I'll come back and talk to you in a second. What's going on, boss? >> Hi, Isaiah. >> Did you know Did you know she was going that fast? >> Uh I didn't I wasn't looking at the speedometer. I can't see over it, but >> Right. >> it felt fast. >> It felt fast, right? >> Yeah. >> All right. Did you tell her to slow down at all or Did you want her to slow down? >> I mean >> I I get it. >> I'm I'm I'm I'm I'm comfortable, you know. I'm not trying to >> No, you're just You're just being detained right now, man. Um I'm just You have to understand that she was going 117, okay? Um they just passed a new law. Anything over 100 mph or anything 50 miles above the posted speed limit is a misdemeanor now, okay? So, not playing around, okay? Um She's your wife, you said? >> Yeah. >> All right. Is that your car, too? >> Yeah. >> All right. Do you have a valid license? >> Yeah. >> Where are you Where were you guys headed to? >> Uh I was headed to pick up a um car part. It was like a um What do you call it? It was like a sticker for the badges. It was just like some metal >> Is that where you're coming from? >> Uh no, I was coming from home. >> You guys were coming home. You guys were going to go pick up some stickers or something? >> some stickers >> All right. Just take out >> Issue one, the stop. Under Wren versus United States, 517 US 806 1996, any observed traffic violation makes a stop lawful. A measured speed of 117 mph supplied probable cause. The officer's motive is irrelevant and no further suspicion was needed to stop the vehicle. Issue two, the arrest. Under Atwater versus City of Lago Vista, 532 US 318 2001, the Fourth Amendment permits a custodial arrest for a minor offense committed in an officer's presence. Florida statute section 316.1922 creates the crime of dangerous excessive speeding, a second-degree misdemeanor triggered at 50 mph or more over the limit. At 117 in a 67 zone, the driver was exactly 50 over, satisfying 50 or more. Florida statute section 901.15 allows arrest for a misdemeanor committed in the officer's presence. Issue three, the passenger. The officer stated repeatedly that everyone in a racing vehicle goes to jail and that even spectators can be arrested. That overstates the law. Florida statute section 316.191 subsection two paragraph C reaches only a passenger who knowingly rides in a race or exhibition. That paragraph does not mention bystanders. The Constitution sets the same boundary. Sibron versus Illinois, 444 US 85 1979, held that mere presence near suspected criminal activity does not create probable cause against a person. The counterweight is Maryland versus Pringle, 546 US 366 2003, which upheld arresting every occupant of a car where facts suggested a common enterprise. No No facts appeared on camera here. The officer never acted on the overstatement. He charged only the driver and released the passenger. The outcome was correct. The stated rationale was not. >> Hey Caroline, um I'm just going to read you your rights real quick. You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have him present with you while you are being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questions or any relations at any time. You can exercise these rights. Knowing and understanding your rights, are you making any statements? Do you understand your rights as explained to you? Just have a verbal yes or no. >> Yes. >> Okay. So, um like I explained to him, um cuz you guys got dogs at home, he's got a license, he's a registered owner, I'm going to let him take the car home, okay? Um so you guys can so you can take care of your dog, okay? And you seem like a good person. I think you just made a bad choice today. Okay? Like I said, this is a fastest new law. They're not playing around with the speeds anymore, okay? Like I said, anything over 100 miles an hour, and 50 miles above the posted speed limit, okay? Um you're looking at jail time, okay? So, um I got to do some paperwork. You got to get a citation for me. Um I'm not going to do the racing statute. I'm just going to do the dangerous speed statute, okay? With the one over 100 miles an hour. Um 50 miles above the posted speed limit. If I started to do the racing charge, um I could take both of you to jail, okay? But I'm not doing that, all right? And hopefully this will be your last one, all right? All right? Step out for me. Return to the same spot as before. Face that way. Okay, once I get you out of the car, just follow what I tell you to put your hand on top of your head for me, okay? Put it on top of your head. There you go. All right, you can relax. Come on over here. >> I can really >> All right. Just right here. Can't have her here for a second. I don't try to read that. I don't understand. Okay. Cuz if he if the officer wanted to if I wanted to, I could charge you with racing. Okay? >> Okay. >> Being a passenger in a car that's racing. Exhibition of speed of the vehicle which means you could go to jail, too. Okay? That's That kind of behavior is not acceptable at all. You want to race, go to the tracks. Okay? You want to have fun doing 117 mph or 19, go to the tracks. Okay? You hit somebody out here doing that, kill somebody, hurt somebody severely, just Well, good part of your life is going to be gone. You understand? >> Yeah. >> Okay. Um your wife wants to speak with you. I'm going to ask this officer if that's okay. And if that's okay, then you know, we'll bring you up to the window, let you speak to her real quick. >> All right. >> We're going to let you take the car. >> All right. Do you know like what What's going on? >> Do you? >> Yeah. >> So like am I like sleeping there? >> Um you might have a bond. Okay? Just depends. What I don't know if you've been in trouble before, any kind of criminal history, anything like that. I just don't know. All right, but they'll they'll tell you what your bond is over there, okay? It's probably a small bond. Uh somewhere around 500 bucks or so. >> like where where it is? Is it the >> Yep. 49th Street. All right? So what happens is I wrote down his number for you cuz your phone was completely dead. Uh once you're able to, you may have to make your phone call from the jail and you can make your arrangements on how you're going to get out and how you're going to get picked up and what not, okay? All right? >> Can I come back for >> Nope. Unfortunately. There you go. That's your girl. So I'm saying just you're able to go back. >> Okay. All right. >> [laughter] [clears throat] [laughter] [sighs] [panting] [snorts] >> Hi, who are you? I'm officer Tabaco Police Department. I'm here just to conduct your search, okay? Do you mind stepping out for me? Have you searched the vehicle? I'm going to Why don't you stand for me? Anything on your person I should know about? >> All right, I give everybody this instruction, okay? So, don't take it personally. Any Anything on you at all, whatsoever? Okay, any introduction of contraband into the jail is an additional felony. I'll be happy to charge you with anything we find. So, please that's why we like to give everybody a heads-up, okay? All right, you can stand. >> Issue four, Miranda. Under Berkemer versus McCarty, 468 US 420 1984, an ordinary roadside stop is not custody. So, questions before the handcuffs required no warnings. After handcuffing, the driver was in custody. Under Miranda versus Arizona, 384 US 436 1966, warnings must precede custodial interrogation. Rhode Island versus Innis, 446 US 291 1980, extends the rule to the functional equivalent of questioning. One handcuffed exchange preceded the warning, but it is harmless because the speed was measured, not admitted. The warning was read before any post-arrest interview. Under Florida versus Powell, 559 US 50 2010, no exact wording is required, so a phrasing slip does not invalidate it. Issue five, the search. Under Chimel versus California, 395 US 752 1969, a lawful custodial arrest permits searching the arrestee's person. A same-sex officer conducted the search, which follows accepted practice. The contraband warning is partly accurate. Under Florida statute section 951.22, introducing drugs or weapons into a county jail is a third-degree felony, while lesser items are first-degree misdemeanors. Grades. The arresting officer receives a B. The stop, arrest, charging choice, and warning all rest on solid legal ground, and he showed consideration by writing down a contact number and releasing the vehicle to the husband. The deduction comes from the repeated overstatement of passenger liability. Misdescribing the knowledge requirement can pressure bystanders, and accuracy about the law is part of professional conduct. The driver receives a C-plus. 117 mph on a public road is not a legal gray area. Compliance after the arrest announcement and cooperation during the search earned partial credit. The passenger receives an A-minus. He stayed composed and did not interfere. The deduction, he volunteered that the speed felt fast, an avoidable statement given the Fifth Amendment right to silence. Lessons learned. One, statutory speed thresholds can turn a ticket into an arrest, and Atwater confirms the Constitution allows it. Two, presence alone does not make a passenger liable because Ibarra requires individualized probable cause. Three, comments about speed or awareness help the prosecution, and invoking the right to remain silent is enough. Four, understanding Miranda warnings is not a waiver, and silence can still follow. Five, officer discretion cuts both ways. It protected the passenger here, but the same statute applied differently could produce an unlawful arrest. At 117 mph, the margin for error is effectively zero. 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.