You don't know your last name, and you don't know a number. So, where where I'm supposed to take you at? Jail? You almost ran into our car. We have kids up here. You almost ran into the car. >> I'm not I'm not I'm not I'm not. You just lied to a police officer. I'm not drunk. Please let me go home. No. All right. Do me a favor. It's my baby. A Florida traffic stop on March 20th, 2022 [music] implicates three legal frameworks at once. The Fourth Amendment, Florida's aggravated driving under the influence statute, and the state's child [music] neglect laws. >> seatbelt. Hey, come over here. What's your phone number? What's your address? What's What's your phone number? You mean you don't know it? How old are you? Having fun messing up your car? You don't know where you live? Your phone number? Do you have parents? Where do they live? Um my my mom my mom just got out of jail, and my dad What's wrong with you? You think you think I'm playing with you? Why would you throw stuff in in the road and people driving their cars down the road? What if somebody drives over that stuff and hits a tree and kills themself because they tried to avoid hitting that stuff? That's That's That's good, right? That's nice, right? And you messed up your whole life. How old you is? 14. You 14? >> She don't know how to spell her last name. 14 years old, eighth grade. But you know how to throw stuff in the road and mess people's cars up. Hey, y'all keep on Y'all keep on doing bad stuff like this, and y'all end up going to jail. And you You're a small dude, man. Jail ain't going to be a good place for you. I'll tell you that right now. The kids are going to take all your food. You're going to be smaller than what you are. Go ahead, start cleaning up. Help him Help him clean it up. No, clean the road up. I don't care about that. Clean everything y'all do in the road. I want the road to look just like it was looking before I came. You don't know your last name, and you don't know a number. So, where where I'm supposed to take you at? Jail? I can't leave y'all here? I have a ride. >> I I don't want to hear that. So, you don't know how to spell your last name, you don't know your mom's real name, and you don't got a phone number. So, you know what I'm going to take y'all at? If y'all can't get your stuff together, I'm going to take y'all to jail. All three of y'all going to be in the backseat of my car. Y'all not in his car. His car's way up there. Y'all not walking over there anymore. Is that where y'all want to go at? I'm not I'm not I'm not here to scare you and all that. I'm legitimately asking is that where y'all want to go. So, y'all better get your information together, and if you don't, I'm taking y'all somewhere. I'm going to take y'all where y'all want to go at. Y'all Y'all want to go to jail because if y'all didn't want to go to jail, you'd be at your house, in the house, or hanging out at each other's house or whatever you'd be doing. You wouldn't be out here throwing all these um bushes and all this stuff in the road, and rocks, and having a bottle of alcohol. I don't want to hear we found it. Do y'all been drinking? Why your eyes all watery? Oh yeah, your eyes red, too, man. It's sweat. What? It is sweat. Hey. What am I talking about sweat? Your eyes watery, and your eyes look watery. So, y'all been drinking? What grade are you in? I don't do grade tests. What grade are you in? Um eighth. I don't do a grade test. How old are you? When you go to jail, they'll do that for you. >> 15? When y'all go up to the jail tonight, y'all going to What are you doing? Put the car in park. Put your car in park. Put your car in park. Put it in park. Put it in park. Put the car in park. What do you not understanding simple instructions? >> I know. Oh my god. You almost ran into us. >> didn't. >> Yes, you did. Unlock the car. >> god. I'm sorry. It's Oh my god. 2024, we're going to have traffic at the same location. >> Oh my But the student is out with the juveniles. No, I Hey, I don't want to hear it. Don't want to hear it. What do you mean? I don't Get your driver's license, your proof of insurance, and your registration. Driver's license, proof of insurance, and registration. Get those No, I don't want to hear it. Get those items I'm requesting. >> What? Put the window down. Ma'am, put the window down. >> I am. I am. >> Okay, and get the stuff I'm requesting. >> I am. I am. Why is the window not down? Put your window down. I'll do it. Honey, I'm sorry. Okay. I'm sorry. He's not even in a seatbelt in the in the car, and you're driving like that. Oh my god. He's Who's what? Shut Shut your car off. Turn your car off. I'm not going to ask you again. If I have to tell you again, you're going to get out of the car. Where are you coming from? Stop looking at him. Look at me. Oh my god. I'm at my friend's house. He's like You okay in the backseat, son? I'm not mad at you, okay? Where does he live? You You Do you see how close you are to this police car? Do you know how fast you were going? I had to pull those three kids off the hood of that car because you were so close to rear-ending the car. It's It's nighttime. It's dark, and there's a bunch of blue, red, and white flashing lights, and you got this close to a police car going the speed you were going. Where Have you been drinking? I didn't Honey, we were at her friend's house. >> Okay. It doesn't matter. Can I Give Give that deputy the information. Hey, y'all need to stay at that car, okay? Stay in where you at, okay? Just don't Stay by the car. Ma'am, I'm asking you one more time. Driver's license, proof of insurance, and registration. You still haven't gave me those items yet. Ma'am, you know you were speeding. I thought I I I Ma'am I didn't. I'm like >> Ma'am, so you're saying that I am am No, I I I didn't see you speeding. That's what you're telling me. You almost ran into the car. >> I'm not I'm not I'm not I'm not I'm not. I'm not doing anything. Have you had anything to drink tonight? I got weed in here. >> three kids on the side of a dark-lit road throwing stuff in the middle of the road, this lady would have plowed right through this area. And we would have called the parents and told them that we got three dead kids on the side of the road. Do you understand? Yes, sir. Okay, I know you got You're young. You're having a good time. You guys think, you know, whatever. Whose parent is this? Yeah. Ma'am, have you had You just lied to a police officer. Right? Yes. She did? >> Yes. You feel unsafe in the car? Okay, I'm going to I'm going to get you out of the car, okay? Let you come out and hang out with us. Hey Hey, Masoud. Hey, Masoud. Come Come over here and get the kid out of the backseat. He said he don't really feel that safe in the car. Yes, he does. He just said he don't feel safe. He said he's in the middle. So, he wants to get out of the car, and he said drink. Hey, stop looking at him, and stop talking to him. Talk to that deputy. Hey, come here, man. Just come here, man. I'm not lying to a police officer. >> You have had something to drink, ma'am. I did, but I'm not lying. No, you just You You lied to me. You lied to me. So, ma'am, I'm going to have you I'm going to have you step out of the vehicle. Uh my mom was at her friend's house. Okay. And um we were coming home, and then I saw the cop car, and then I saw I told her to stop, and then it was and it was like No, you know what the last thing I told you when we went to that house? I'm going to have you come here. Come here with me, okay, buddy? Ma'am, I'm going to have you I'm going to have you stand behind this patrol car right here, okay? You just relax, okay? No, no, no. He's got nothing to do with it. All of them. Okay. Okay. He's got nothing to do with it. Here, go ahead and step out Step out of the vehicle for me. Step out of the car, ma'am, and I'm going to talk to you outside of the car. You're going to come to the front hood of your car. Step out. Okay. Shut your car door. Shut your car door. Ma'am, shut your car door. Shut your car door. Here, you You're not You're not responding. Come to the back Come to the back of your car. You're not responding. I don't want you to get hit by a car. That's why I'm having you come over here. Step around that way. Come to the front of your car. Ma'am, come to the front of your car. You're not You're not You're not It's like you're not getting nothing I'm telling you. Hey. Here, lean up against your car right here. Lean up against your car right here. Okay. Obviously, your friends obviously don't know how to handle themselves, and I told you, don't be a follower. You know it's wrong. What if that was me in the car? What if you guys threw something at me in the car? What if it was my car? >> Ma'am, this is a perfect example. This lady We have flashing lights on. She's coming almost rear-ends this car with the three of them. I had to grab them and pull them off the car. It's dark, and we got flashing lights. This lady, I'm pretty sure she's drunk. I was right on top of it. And what And that's I think that's a perfect example. Thank you. >> out in the side of the road throwing stuff, and there's no flashing lights, this lady would have ran through all of them. How much did you have to drink tonight? I was at a dinner party at my friend's house. Okay. Two drinks. It was vodka. Okay. How long ago was that? Oh my god. No, 2 hours. Like you can go. They they can call them. >> I'm I'm talking to you right now. I'm not worried about your friends. I'm actually still a question. Who are you Yankee? What are you doing with uh >> drunk. I'm so not drunk. >> Oh god, my kid. >> [laughter] >> How many did you have? >> No, I swear to god I've had two drinks. >> Ma'am. Son. What? I know. I know he was at the house. >> Okay. So, 2 hours ago. Okay. Ma'am, talk to me. Don't worry about what's behind us. No, I do worry about what's behind You wasn't worried about it when you got behind the wheel of a car and operated it. >> don't do that. Don't do that. >> So, ma'am right now right now based off of your my observations of the way you're driving and almost rear ending my car. I didn't rear into your car. I'm way up behind you. >> ma'am you were speeding and okay. Please. >> I'm going to continue what I'm saying. Based off of what you're Ma'am, right here. That's we got Who's yelling? Ma'am. >> Who's yelling? Who's this person? >> Hey. Stop. >> Who's this person? Hey, it's got nothing to do with you. >> Really? How much did you have to drink? Um I don't know cuz I was mostly hanging out with my friend at the store. So, no I should I should let him take you for the night and stay there for a night or two and see how you like it. Hey, stop. Worry about yourself. It's got nothing to do WITH YOU. REALLY? >> YES. Oh my god. This is the second time I've ever had a deputy have to call me and once at work. Do you think that's fair? I'm so disappointed with you. They are not allowed to have any more. Your Xbox is gone for a month. I don't want to hear anything. I'm going to start putting cameras up in the house because you I can't trust you. You pulled up behind this Mustang. I want to go home. Oh my god. I'm not drunk. Please let me go home. I'm a teacher. I'm at school. I'm at the freaking high school. Please, I'm not a mess. Please. Oh my god. All right, I'll tell you what we got so far. Um Me and Masu, we got this black guy because we have debris that was in the road. Um this car was coming at a high rate of speed and I I promise you I barely saw it and Masu was like, "Hey, this car about to hit us." And uh we just stopped the car. She's uh not she's she's not retaining anything we're telling her. She's not she's not getting the information we needed. It took a long time to get it. Uh she she appears to be impaired. And she's she's all over the place. She started screaming and stuff so that's why we got another person. I just want to go home. Ma'am, I'm going to continue what I was asking you. Okay. >> want to go home. Ma'am, ma'am can you focus for a second? Just for a second. I I have no focus problem. >> Okay. Okay. >> Go. You had two drinks. Of vodka, correct? >> Go. All right, I'm talking to you now. You had two drinks of vodka, mixed drink, correct? Yeah. 2 hours ago is what you were saying? I don't know. You That's what you >> It was a party. >> Okay, you don't know yet. >> party over in the I'm I'm listening to you. So, after you had drinks, you got in behind the wheel of your car and you drove, right? Please. Ma'am, I'm asking you a question. >> I'm a teacher. I work at the high school. Let me go home. I'm not letting you drive anywhere. >> a bad thing. I'm telling you. I All right, ma'am right now I don't believe that you have the capability of driving a a motor vehicle on the roadway. Oh my god. >> Would you like to perform some exercises? No, I wouldn't. >> Okay. So, >> nothing to prove for you. >> so I'm going to let you know right now if you deny doing these exercises, you could be placed under arrest and it could go against you criminally. >> I So, I'm letting you know if you refuse to do the exercises, you could be placed All right, ma'am when you're done talking I'll talk. Please let me go home. >> Ma'am, when you're done when you're done talking I'll talk for you. Let me go home. We're past that. Yeah, we're really past that. Oh my god. Ma'am, I'm going to ask you one more time. I'm going to encourage that you do the exercises to either disprove or prove that you are intoxicated or not. >> I am not intoxicated. >> So, I'm going to give you I swear to god I just want to go home with my child. >> Okay, do you want to do the exercises or not? What? What do you want me to do? You're going to perform some exercises. >> god. >> If you don't want to do it, that's fine. I'm not going to force you to do it. I just want to take my child home with me. >> what you want to do, ma'am. I'm I'm not Oh my god. Okay, do me a favor. Turn around. >> Oh my god. Turn around. Put your hands behind your back. Put your hands behind Oh my god. Put your hands Stop. DON'T RESIST. STOP. PUT your hands BEHIND YOUR BACK. NO. YOU DON'T HAVE TO DO THIS. YEAH, GET YOUR STUFF out I got it. Get your Get your purse out for me. Don't listen. Don't worry. They're just putting her in handcuffs right now, okay? Because she's obviously been drinking. They're trying to calm her down but she's routing. So, you don't have to worry about it. Right now they're just trying to calm her down but she's you know she when drinking kind of gives you a Now you just got her resisting charge. Good job. If you turn around you're going to be laying on the hood again. Hear me? >> Oh my god. You not do anything other than what you're told to do. You understand? Please let me go home. You all right? All right, do me a favor. My baby. >> No, you told her to resist. Please. Ma'am. No. >> You got to come over to my car. I don't want to have to drag you. I'm asking you nicely. Can you walk over here? I don't want to do that. Please let me go home. And your son's right there. I don't want to do that in front of you either. Can you walk over here? Yes, of course I can. >> walk. Oh my god. Here. Can you come down here? Have a seat in my car. Have a seat. Back seat of my car. Have a seat, ma'am. I ma'am I please do this. I don't want to force you in the back seat of the car. Just can you have a seat? Watch your Watch your head. Oh my god. Your mom's in the back seat of my car, right? Do you have somebody uh your father? My my Okay, so what happened tonight? So, we were coming back from my friend's house and coming down and then I said I saw the car and I told her to slow down and then at like the at the last second she started to go on the brakes. And I thought she would see it. Probable cause is judged on the totality [music] of the circumstances. Six indicators converge here. >> [music] >> A near collision, impaired coordination, fragmented speech, red and watery eyes, an admission to drinking, >> [music] >> and refused field sobriety. One is not enough. Six is overwhelming. Florida statute section 316.193 [music] escalates the charge when a passenger under 18 is in the vehicle. A separate subsection [music] carrying a mandatory minimum fine and possible mandatory jail. The child in the passenger seat changes everything. Section 316.1932 is [music] Florida's implied consent law. Drive on Florida roads and you have already consented to chemical testing [music] on probable cause. Refusal is not a shield. It costs a license for [music] 12 months and enters evidence as consciousness of guilt. Section 8.27.03 criminalizes conduct likely [music] to cause a child mental or physical harm. Florida courts routinely hold that driving a minor while impaired satisfies this element. >> [music] >> Resistance to the arrest adds section 843.02. A first degree misdemeanor on its own. Use of force is measured [music] against Graham versus Connor decided in 1989. Reasonableness [music] is judged from the officer's perspective on the scene. Not with 20/20 hindsight. Soft empty hand control against an actively resisting subject next to live [music] traffic clears that bar. On the grades, the arresting deputy, [music] a B. Clean probable cause. Intimidating tone with the juveniles. The partner, a B minus. Excellent with the child. Quiet on the legal record. [music] The driver, a D plus. Denial, refusal, resistance. The juveniles, a C minus. The agency, a B minus. All right. So, long as you're good, I just want to make sure that you're good, okay? I'm concerned about you, okay? Stay Stay right here, okay? I don't want you to get No, stop. I I I just went into the front of my car and I can smell it like really I'm hot right now, too. Why are you screaming? >> I'm what you I'm what Yeah, I won't talk to you until you calm down. Please stop doing that. I will not Act like an adult for 2 seconds. Um So far I'm going to charge her with resisting. I'm sorry about what happened tonight, buddy. I I really am. Um I don't want to I don't want you to be here and I don't want you to get hurt at the same time. She's really drunk and she could have hurt you. She could Right now I'm I'm more worried about you getting hurt than me. Right? Cuz I already lived life to a certain point. You're smart man and I appreciate you telling and stepping up. That's a big move you did. Uh I told her to stop. I understand. You were scared, right? Okay. Dude, that killed I killed my heart. It really killed me, too, man. Dude, that killed like Yeah, that's why I'm coming over to talk to you. I really feel bad right now about you for you. Really I really do. Cuz you could be one of my kids. Right? And you're you're a smart dude, man. Oh my god. I haven't done anything. All right, I'm out of here. Yep. Oh my god, please. I swear to god I didn't do anything wrong. I swear to god. Please let me get my baby. Please. I promise tonight I sleep. Ma'am. No. Ma'am, whatever you're alleging now, you can take it up in the court. Okay? Please. I work at the high school. I'm a teacher. Please. >> Ma'am, you don't have to Ma'am, please. Please. Ma'am, Ma'am, please. No, do me a favor do me a favor. We're we're past that. We're going to the jail now. Okay? Let me go home. I don't do this. I'm a teacher. I don't do this. Please let me go home. Unfortunately, your daughter's going to jail tonight, okay? No, that's not a fact. I'm No, I shouldn't have told you. So, she's going to be charged with a felony. She's a misdemeanor for sure, okay? Now, she's drunk and out of her mind. I have no doubt she's a nice person, but tonight she's going to jail. All right? >> I do? I don't know what to do. I'm just supposed to be out of town tomorrow. If I were you, I would just take them home. It's 2:00 in the morning. They're throwing stuff in the middle of the road. I mean, from the front of that car, I don't know if you saw where my car was when I was moving it, was stuff all along the road. Bottles, debris, stones, everything, okay? Um That's an issue. First and foremost, people drive over it. Uh and they they end up popping a tire, crashing into a pole, they're responsible for that. Uh I mean, the biggest the biggest lesson here literally happened while we were here. This car right here, this silver car, that lady is on her way to jail right now because she almost rear-ended the back of the cop car that all three of these kids were standing in front of. I had to grab two of them and pull them out of the way because she was not stopping. Luckily, she stopped last minute because she was drunk. Okay? And I know her being drunk is not anybody's responsibility. However, the point is we had a car with flashing lights saying, "Hey, look out for us." And she still almost rear-ended the car. If they're out here wearing the clothes they're wearing, it's dark clothes, there's not there's not a light any you know, there's one over there, but with all these lights off, I'm telling you it's dark. They're standing in the middle of the road. There's still some debris that they're driving over. That lady's hitting them and now we're coming and knocking on your guys's door telling them that your kids are on the way to the hospital or yeah. So, um you know, they're 13, 14 years old, whatever. They're not thinking about that stuff, but that's the obviously important stuff to us as adults and you know, parents. Um There's no reason they should be out this late. I mean, based on what you're telling me, it sounds like they they snuck out. Reg- regardless, um So, >> actually 11:00 when we I don't know, 11:00 when I laid down. >> Yeah. And and I've had a rest a little bit of time later. >> Sure. At least this week. And that was the last thing I said, "Don't leave this house." Right. And that's probably the first thing they did was leave the house. So, I mean, you guys you guys are free to go. Take your kids. >> move up here real quick? Yeah. Um in the state of Florida, corporal punishment is not illegal. So, you have every right to spank your kids, slap them, do whatever they want. Do you understand that? Christian Willie drivers, refusing field sobriety in Florida does not protect you. >> [music] >> It loses a license and hands prosecutors evidence. Officers, tone with minors is trainable. [music] Authority lands harder through clarity than through threat. Parents, a child in an impaired driver's car is a separate charge, not [music] a footnote. 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. >> [music] >> And don't forget to check out our second channel, Audit the Court, for even more police interaction [music] and courtroom content. Christian Willie was charged with DUI child abuse and resisting arrest.