I'm just let me call make one phone call. One phone call right now? Yep. >> Okay. Will you cooperate if we make this phone call? I know you're a big boy. I like to fight you. No, I'm kidding. I'm kidding. >> are. I know you are. I know you're kidding. I know you're kidding. I like you and I meant you it. And I want you to just go Don't. [snorts] Just do it. I'm happily married. I'm on speaker phone for you, okay? Sit. Lose it. Just let them know that I am um I don't know what to say. Save me from the police station. Hello. Someone called in they were complaining about your music being kind of loud from your car. Really? I was here like 30 seconds. You were just here for like 30 seconds? >> Yeah, no, not 30 seconds. Like 15 minutes or so. >> Okay, you've been here for like 15 minutes? Yeah, no, I live here. Do you got a an ID on you, ma'am? I do. >> Okay, can I see that real quick? How much have you had to drink tonight? Um a lot. Where were you uh planning on going? No, just here. Just here? Yeah. You were just going to drive around a little bit? Uh no, I wasn't even driving. I was just listening to music. Okay. Cuz you're kind of parked in the middle of the entrance. I know. No, yeah, and I I feel I work here, too, and I don't know what to Okay, you work here? Yeah. Okay. When like I know you already said you had a lot to drink, but you like can you give me an estimate how much how much you've had? Um I don't know. No, a thousand drinks. >> A thousand drinks, okay. Were you parked somewhere and then you decided to drive right here? Some Um You know what I mean? Cuz you're not really in a parking spot right now. No, and I feel like I just So, can you do me a favor and step out of the car? I'm just going to run you through some uh >> No, I don't want to step out. You don't want to step out of the car? Okay, well, at this point I'm not asking you to step out. But I need you to step out of the car. Can I drive in a better place from here? I'm No, you can't you can't drive it away right now. I'm going to need you to step out of the car, okay? No, I'm not going Okay. Well, I'm not asking you. I I need you to step out of the car. You You've told me yourself that you're drunk. You've said that you've been drinking tonight. So, I'm going to need you to step out of the car, okay? Not asking you, I'm telling you to do it, and if you don't do it we're going to have to take you out ourselves, and I don't want to have to do that. >> take me out in a bad place. Just let me sit here. >> Yeah, okay. Sure you can give me those. All right, perfect. Thank you. And then can you just step out? I don't want to step out. You don't want to step out? Okay. Why not? Cuz I don't feel Oh, my phone's falling out. All right, Hannah, can you just step out of the car for me, please? >> No, I don't want to step out. >> Okay. Nope. I I I I I I So cold. >> Hannah, I need you to step out, okay? >> I'm not stepping out. >> Okay, Hannah, I've already told you if you don't >> am I stepping out? Because you've already told me that you've been drinking. I know, so then what? So, then I'm and I run you through some tests to make sure that you're good to drive, okay? >> I'm not going to run through the test. >> going to run through any tests? Okay, then I'm going to have to make a decision based on my observations and what you've told me tonight. So, just running through these tests it helps me make a better decision. Hannah, do you think you should be driving right now or be operating another vehicle? Oh, no, I don't. You don't think you should be operating one? >> I'm right here. No, I do feel I'm fine. How much have you had to drink tonight? Well, I just I just don't know what to say. Well, just the truth. Not enough. Not enough? No, not enough. So, when you told me that you're a little bit drunk and then you said you had a lot to drink and then you told me you had a thousand drinks. Thousand drinks. >> Yeah, that's what you told me. So, you think that's legit? >> I mean, I know that you're exaggerating when you say that. >> when I step out of this car, so then I get a DUI. Can I just back the car back up in the parking spot? >> can't let you do that, okay? We'll take care of the We'll take care of the car. Because you're you're drunk. You just You've already told us that you've been drinking. You've said that yourself that you're drunk. I can't let you drive this car right now. Can you step out of the car for us? >> No. Okay. You're going to make us pull you out? No. Hannah, your two options are either you step out of the car voluntarily Stop with the lights. >> No. Either you're going to step out voluntarily or we're going to pull you out of the vehicle. If you fight with us or hit us or do anything like that, it'll be an extra charge. >> I would never do that. >> Make it easier and just step out of the vehicle for us right now. >> after I step out? Then what? We'll get We'll get to that once you step out, okay? No. We're going to Then tell me what then the car gets towed? The car Yeah, I mean, at this point if you step out of the vehicle, we can run you through some tests and then we'll work from there, okay? >> No, I'm not doing tests. >> You're not going to do tests for us whatsoever. >> This guy's got to come in here now. >> Okay, well, he You can go somewhere somewhere else. No, I'm not getting out of the car. No, I'm not. We told you this is your chance. >> [screaming] >> Either you step out of the car >> No, I don't want to. Okay. You don't have a choice. It's either stepping out of the car or we're going to drag you out of the car. My lawyer No, my lawyer Stop. Stop. Stop. Stop. Stop. Last chance. Either step out of the car or we're going to pull you out. No. You're not going to step out? Okay. Wait, stop. >> No. You're done. You are under arrest right now. Get out of the car. Hannah, Hannah, get out of the car. >> No. Hannah. Oh, I am so Hannah, out of the car. Oh, let's see you guys struggle. Stop resisting. Oh, I am Hannah, stop resisting. Hannah, get out of THE CAR. NO. YOU GUYS ARE KNEEING ME RIGHT NOW. Calm the [ __ ] down. No, get out of the car. I can't sit down. Calm the [ __ ] down. You don't tell us what to do. I just No, HANNAH. NO. YOU'RE UNDER ARREST. GET ON YOUR STOMACH. GET ON YOUR STOMACH. ALL RIGHT, HANNAH, we're going to roll you to your side, okay? >> No, no, sit me up. That's what we're going to do. Stand me up. We're going We're going to get there. Who is this now? Hi. Ready? One, here we go. All right. All right, we're going to walk back towards that car right there. No, just give me a second. Ouch. Ouch. You can't make me go in there. I will fight till the end. Then you'll get more charges. >> then charge me up. I've been in county. I get it. Okay. Hey, what's going on? Hi. Oh, it's a big boy. What's going on? [laughter] DUI arrest and then she wouldn't get out of the car. >> No, not DUI arrest. There's an arrest, okay? So, what else? Then we pulled her out of the car. She resisted getting out of the car. Now she says she won't get in the back of our squad car. Are you hurt? Are you hurt? No. No, okay. You got to go in the back of the squad car. No, I'm not. I want to have my phone. You can do that at the police department. >> No, no, I no, I can't. That's not going to happen right now. >> Well, then I will fight till the death till I do that. Do you understand what that means? Yeah. You understand that we'll end up putting you in a wrap. I'm ready. I am I'm so pumped. Just let me call make one phone call. >> One phone call right now? Yep. Okay. Will you cooperate if we make this phone call? I know you're a big boy. I like to fight you. No, I'm kidding. I'm kidding. >> I know you are. I know you're kidding. I know you're kidding. I like you and I meant you it. And I want you to just go [snorts] Don't. Just do it. I'm happily married. All right, chill, guys. Both of you guys, chill the [ __ ] out. Let me tell my shoulders. All right, putting her on speaker phone for you, okay? Sit. Lose it. Just let them know that I am um I don't know what to say. Save me from the police station. Okay, that's all I have to say. Oh, Hannah, the March 15th, 2023. [music] A noise complaint becomes a DUI arrest with physical resistance and multiple charges. >> [music] >> Pennsylvania versus Mims gives officers authority to order you out of your vehicle during any lawful stop. No additional justification needed. You're legally required to comply, period. Probable cause hits the moment [music] Hannah admits drinking a lot while sitting in the driver's seat, engine running. That's actual physical control under state DUI laws, even if you're not actively driving. Her flip-flopping I shouldn't drive [music] then I feel fine, textbook signs of impairment. She's got the right to refuse field sobriety tests, but the officer [music] can still arrest based on what he's already seen. Phone call, so I'm going to charge you. You ready to grab a seat? No, not going to >> But you said we had a deal. I know, I'm not taking a deal. Nope, not going in there. Okay, open the door. Put her inside the car. Hannah, get in the car. the [ __ ] out. Oh my god, you guys have no idea how bad this [ __ ] hurts. I'm not going in here. I will run my arms out. I'm not going in this [ __ ] car. Okay. I'm really good. What? Wrap. We're going to wrap you. This little wrap? Yeah. It's going to go around my stomach? Yeah. Put the harness over her head. And put me Yes, are you supposed to lift me up? Yeah. Okay. You two on this side. You want to open the squad car? You throw me in there? Oh, there's no way. There's no way. Ready? One, two, ready? One, Oh. two. Oh. Oh, stop. Stop. Stop. Stop. Oh, there's no way. There's no way. Oh, ow. Lean forward. No way. My arm Lean forward. Oh my shoulders out. Wait. Wait. Wait. Oh, you [ __ ] [ __ ] stop. What's going on, girl? What's going on? Hannah, breathe. Hannah. Hannah. Put her on her side. >> Yeah, put her on her side. Breathe, Hannah. Hannah, You sure Stay laying on the ground, Hannah. Nope, just stay laying on the ground. >> Stay laying on the ground. If she wants to sit up, let her. >> to sit up, Hannah? Yeah. Okay. You got a blanket for you, Hannah, okay? Let me get up. No, hold on. No, no, stay No, why am I sitting here? Cuz you passed out. >> Okay, I know. I didn't pass out. >> She did not Hey, Nika, if she wants to stand, let her stand. >> help. Help me up. Help me up. I'll get her up. Just Yeah. We lean her against the car. Oh. No, no, let me get up by myself. Okay. So, I guess there's nothing wrong with your shoulders, then. You want to I'm just going to walk home. You're not going home. >> Uh you're being arrested. >> You're not going home. You're You're being arrested. These guys are going to evaluate you, okay? Cuz you acted like you had a seizure. So, therefore, we can't take a chance. Okay? So, that's why you were on the floor. We put you in that position that you were in, right? And we played safe, we called them. But, then miraculously, you came out of the seizure like it was nothing. So, now you're playing games with these guys. We called them out from the firehouse for you. So, here's what's going to happen. They're going to evaluate you, okay? But, you're going to be arrested. You're not going back in your car. No, I'm not going I'm not playing games. >> being arrested for DUI. >> Let's take the car back over here. So, they can help >> going back in that car. Why not? I didn't say I was going back in the car. >> car is being towed to a lot. That's fine. Okay, but right now you're going to jail. Well, no. And for what? For DUI. No, I'm not. >> These officers told you. So, right now you just wasted these guys' time. You don't need them, is that what you're saying? I'm not getting arrested for DUI. >> Okay, they're not here to arrest you. They're here to make sure you're okay medically. I'm fine. Yeah? I'm going to walk back home. >> you're not walking back home. How about you answer their questions so they can leave? Okay, that's fine. >> Okay? Can you go in the ambulance and will you at least do that? I'm not going in the ambulance. I'm going to walk back. It's freezing outside. Can you please >> Right, it is freezing. So, where is my car? Where is my car? It's going to get towed. Uh just tow it. I'm just going to walk back. >> You're not walking back. >> Uh then what Why can't I walk back? Because you are under arrest. For what? >> For DUI. For DUI? >> Yeah, for DUI. You're under arrest. You're not going to your house. You're refusing to tell them you refuse. Because when they leave, you're going in that car. I will get that wrap out. >> Oh, in the cop car? >> Yeah, and I'm going to wrap you up. And you're going to There you are. There you are. And this fake seizure ain't going to happen It's going to work again. And the fake what? The fake seizure? Oh, you said fake seizure. You mean you were right in it and out of it like it was nothing. And now all of a sudden you're getting yourself up and you're complaining about your shoulder being dislocated. No, I'm good. Right, you're good. >> I'm Do you want these guys? Do you need their help? >> No, not at all. >> So, is that a refusal? Okay. [snorts] All right, put her back in handcuffs. Put her back in handcuffs for me. Wait. Wait. Wait. Wait. Wait. Am I under arrest for >> What? For DUI. Uh how do I get the DUI? For For drinking and driving. No. Okay, this time we're going to continue and we're going to be careful when we pick her up. Come on. There you go. No, I'm not doing it. I'm not going in there. Here's the ankle strap. Okay. Stop spreading your knees like that. Ready? Ready? 1 2 3 ALL RIGHT, WE GOT TO PUT HER SEATBELT ON. YEP. NO SEATBELT. I seatbelt. You can't put a [ __ ] seatbelt on me. Who says that? Let's put a [ __ ] seatbelt on her. [ __ ] you. Close the [ __ ] door. Close the [ __ ] door. [ __ ] you. Who is this? Graham versus Connor sets the standard. Force must be objectively reasonable from the [music] officer's perspective. No 20/20 hindsight allowed. Judged on what he knew [music] in the moment, not what we know now. This officer spent 10 minutes trying to talk her out. Requests became [music] commands. Warnings got crystal clear. When physical force finally happened, empty-hand control only. Low end of the force spectrum. The wrap restraint? Completely justified after she kept resisting. >> [music] >> Safer than wrestling her the whole ride. That medical emergency call was mandatory under the 14th Amendment, even if officers suspected it was fake. [music] Her quote says it all. So, when I step out, I get a DUI? She thought resistance would help. Instead, it added resisting arrest charges to her case. Officer gets [music] an A minus. Outstanding patience, clear escalation, appropriate force application. Hannah gets a D. Honesty at first, then unlawful refusal and physical resistance [music] tanked her grade. Backup officers earn a B plus for solid teamwork and professional execution. Bottom line, know the difference between having rights and making smart [music] decisions. Refuse the test if you want, but you cannot refuse lawful commands. That's obstruction. Fight the arrest [music] in court with a lawyer, not on the street with your body. Street justice doesn't exist. For cops watching, this is how it's done. Patience and [music] communication beat hands-on every single time. Drop your comments below on what case you want analyzed next. Thanks for watching. >> [music] >> Hit up Audit the Court for more breakdowns of police encounters and courtroom action.