Hey, Patricia. Hey, how are you doing? I'm Officer Ashworth of the patrol. Are you okay? Yeah, I'm fine. I was following my navigation. I missed a turn that said make a U-turn, so Oh, okay. This stop raises three legal questions. The lawfulness of the stop, implied consent, and the limits of vehicle extraction authority. Under Terry v. Ohio, officers need only reasonable, articulable suspicion to initiate a stop. A U-turn in a prohibited zone satisfies that threshold. Did you Were you able to find your insurance for my partner? What? It's hard for me to see. I'm from California. >> worries. I'll give you a light to help you out. So, is this the This is That's Yeah, that's the registration. We're looking for the vehicle insurance. Um I have it in my phone. In your phone? Yes, I do. I have it in my phone. Which uh which uh It's AAA. AAA? Yes. Do you have like a mobile app or anything like that? >> what I'm I I know I put it everything in my notes. So, I just don't know what it is under, so I put in AAA. I got you. >> Oh, here's AAA card. Perfect. Let me see it. Wait. Hold on. Wait. Trip Oh, here it is. Insurance documents. Can you Can you zoom in on it so it it it shows like your policy number and which vehicle it's assigned to and everything? I just don't know what it looks like here. Everything's really small on there, so No worries. Total solar auto insurance. There's a number for sure. There's my premium. Yeah, no, but it it it says the the the policy or anything like that. >> me look. Hold on. Let me just go back. I don't even know where it is. Okay. AAA Florida. 866-243 Hey, Patricia, where were you coming from tonight? My sister-in-law's. Okay. She Does >> Does that Oh, it's Sorry. Does she live in the area? Yes. She does? Okay. And where are you heading to? I was going home. Okay. Where Where do you live? I live in PJ. Okay. Well, PJ National? Yes. Okay. All right. How How much alcohol have you drank tonight? Nothing at all? You You're You're what? I'm doing radiation therapy. >> Are you Are you Are you Are you taking medication right now? No, I'm doing >> in treatment? >> No, I'm I'm doing treatment. I'm doing radiation therapy. You're in radiation right now? Okay. What were you drinking in your cup right there? In my cup? >> Mhm. My cup This is my wormwood and black walnut water. >> Do you want to see it? Well, no. That I understand that's a unreasonable search and seizure. That's an unreasonable search and seizure. >> cup. It's empty. There's nothing in my cup. I can I can literally hear something rolling around in there. I just want to see what liquid you have in there. Is there anything in there? There's no liquid in it. There's nothing in there but ice. I have wormwood and black walnut oil. Okay. So >> Do you Do you Do you take any chemical control substances, narcotics, anything like that No. that might impair you? No? Do you take any medication? >> I'm I'm not impaired. I was following my navigation. I'm new to Florida. I just came from California. It said make a U-turn. >> I understand. All right. But you still need to follow the law and road signs and everything. >> Of course. Do you Do you take any uh medications you shouldn't be taking while operating heavy machinery? >> No, no, not at all. Okay. No, I haven't done anything wrong. I was following my my navigation. It said make a U-turn. I made a U-turn and you all pulled me over. That was it. Okay. That was absolutely it. Okay. So, what So, why am I smelling an the odor of alcohol coming off of you? You can say that, but you're not. I'm not? Oh, okay. So, you weren't drinking at all? No, I haven't had anything to drink at all. I'm I'm in radiation therapy. Patricia, can I see your eyes, please? Can you take your glasses off for me? I haven't had anything to drink. I'm If you would like me to get this for you, I could do it, but definitely not the pressure you flashing lights in my eyes. I'm not flashing I'm I'm trying to look at your eyes. >> U-turn doing what my navigation said. Okay. That's all I did, so Do you have your license in there? I have it right here. She just have it right here. I do have a picture of my Florida license. >> have your actual license on you, ma'am. That's what I'm saying. Well Can I see Can Let me see your license, ma'am. The picture that you have. I have I have my Florida one. It will come up. I just don't know what it's saved exactly under, so I'm typing in driver's license. This is my California license. I will find you my Florida one. It's only 3 ft away. I can smell it. California license. Just to be safe here. Is that what you said? I said just to be safe, we're going to do a search and seizure. >> [cheering] >> If you can give me your license first. Hm? If you can give me your license first. What are you doing? All right. Yeah. Oh, okay. I got off the top. All right. Patricia, listen. Hey, you you can time out with that. Listen, I'm a little concerned that you might be driving while while impaired, all right? You told me you're not drinking, all right, but what I'm smelling and seeing is a little different. All right. So, let me make sure that's not the case, all right? So, I want you to just do a few standard exercises for me just to make sure that's not the case that you're not impaired. That's a violation of my first amendment >> It's not a violation of your first amendment at all. Let me get you to sign the consent. Okay. So, So, here's So, here's what's going to happen. Time out. Florida statute 316.1932 is unambiguous. By driving on Florida's public roads, a driver has already consented by operation of law to sobriety testing upon lawful arrest. Refusal carries a 1-year administrative license suspension and is admissible at trial as evidence of consciousness of [music] guilt. The subject invoked the First Amendment to refuse field sobriety exercises a critical legal error. The First Amendment protects speech and assembly. It does not shield a driver from a physical coordination test. The correct framework is the Fourth Amendment, which does not bar sobriety test during a lawful stop supported by reasonable suspicion of impairment. [music] On vehicle extraction, the subject demanded a judicial warrant to exit her vehicle. Pennsylvania v. Mims, 1977, settled this decades ago, ordering a driver out during a lawful traffic stop requires no warrant. It is a de minimis intrusion outweighed by officer safety. Refusal is resisting an officer under Florida statute [music] 843.022. The extraction itself falls under Graham v. Connor. Force must be objectively reasonable given what the officer knew at that moment. The reported ankle injury during extraction is a point of concern. Officers have a duty to recognize a genuine physical obstruction rather than continue pulling against resistance caused by a mechanical obstacle. So, right now, you're refusing to do the exercises, all right? You don't have a reasonable articulation that I've committed any kind of crime. I have absolutely everything Wait a second. Time out. Wait a Are Do you have your camera on? It's absolutely recording everything that's happening. I made a U-turn based on my camera in my car that said make a U-turn. I missed a turn that said make a U-turn. >> Listen, I'm going to advise you right now what's called your Taylor warning, so you need to listen because it's three parts. Number one, by you refusing to comply with the exercises that I'm requesting that you do, you're not going to be able to dispel my concern that you're operating a motor vehicle tonight while impaired by an alcoholic beverage and/or chemical and/or controlled substance. Number two, you are going to force me to make an arrest based on the totality of the circumstances. Do you understand what that means? That means everything I have Okay. Perfect. And number three, your refusal may be used against you in court, all right? It may be used against me in court, but you guys Keeping that warning in mind, will you do these exercises to dispel my concern? No, because I know exactly what you guys are doing and pulling me out of your car unless you get a warrant from a judge. You can't do it. >> need a You may not. That's That's a violation of You cannot reach your hand in my car. You guys Why are you reaching in my car? >> Do not Do not touch this hand. Why are you reaching in my car? Why are you reaching in my car? You're under arrest right now. Step out of the car. >> For what? You're Wait. I'm watching you. You're violating my Fourth Amendment and my First Amendment rights. Step out of the car. Hold on. Hold on. I'm not resisting. Step out of the car. Excuse me. My purse Step out of the car. Step out of the car. Hold on. My foot's stuck in the seat. You guys, my foot's stuck in Oh my god, you're breaking my arm. Oh my gosh. You guys, my foot You can see my heel stuck under the seat. >> Take your foot out of there. I You guys Take it out. I Hold on. Take your foot out of there, ma'am. My heel is stuck in there. There you go. Okay. Now For what? You're under arrest. For what? For what? What are you arresting me Stop turning. Uh Is your camera on? Yes, ma'am. It is. Officer Ashworth 570. Camaro 511. What What am I being arrested for? You were resisting an officer. I haven't resisted anything. You absolutely did. No, I was It was easy. You don't have to do all that. Hold on. Can you guys, please? Could you grab my purse from the ground, please? You know what I'm Hand me my phone back cuz I have the right to record what is happening right now. That's my right. >> We're recording you, all right? We're recording everything that's going on, okay? >> grab my purse. We're going to pick it up. Thank you. You guys, this is ridiculous. I thought you would comply. What? Comply? Absolutely. What? First of all, I have the right to be safe and secure in my possessions and my vehicle. >> And everybody else on the road here has a right to be safe and secure from impaired drivers. My Lexus had me make a U-turn. I made a U-turn and now you guys arrested me. This is insanity. Can I see the car? And the fact that you guys Is your camera is Yes, ma'am. It is. All right. I want to talk to your camera and your partner. You guys refused to allow me to record this transaction. No, we didn't. Yes, you did. You refused. You pulled my phone out of my hand. You did not allow me. >> You can't You can't just pull your phone and say I'm recording once you're under arrest. No, I wasn't. I was in my own vehicle. I was not under arrest. She was charged with DUI and resisting arrest without violence. Officer grade B minus. The stop, advisement, and Mims application were correct. Grade reduced for [music] insufficient response to reported physical distress during extraction. Subject grade C plus. Correct instinct to assert rights. Wrong amendment. Wrong legal theory. Wrong decision to refuse the exit order. All three generated charges that were avoidable. Lessons from this specific incident. Patricia's radiation therapy was disclosed verbally, but never documented on camera as a formal medical record. Had she presented written medical documentation of her treatment and its neurological side effects, it would have directly challenged the HGN findings as independent evidence of impairment. Her phone, her only recording device, was lost during the struggle. A dashboard camera or secondary device running continuously would have preserved independent [music] footage of the extraction and the precise moment the phone was taken. Critical evidence for any Section 1983 claim. Most critically, every legal argument Patricia [music] raised was substantively correct in principle, but applied to the wrong moment. Rights are best defended in a courtroom, not at a car window. Comply at the scene. Challenge the legality after. That sequence preserves your rights without creating new charges. Let us know if there is an interaction or legal topic you would like us to cover in the comments below. Thank you for watching. And don't forget to check out Audit the Court for more content.