Okay, well, it definitely looks like you hit something. >> Yeah, I don't know what it was. >> Your vehicle is non-drivable and you can't really explain to me when or where you hit something. The way you keep ignoring me >> I'm not ignoring >> Okay. Okay. >> Are you again? You're going to jail. >> Ma'am, just come on back here for me. Okay. Who's in there? Just the kids? >> Yeah. >> Okay. Guys, hang tight right here, okay? I got more coming. >> Okay. Well, we're just trying to figure out what the hell happened and it hurts. >> Yeah, it just it like lost control. It's been pulling. It's a rental car and it's been pulling to the right and the left. Like, I don't know if it drives fast or what. >> Okay, well, it definitely looks like you hit something. >> Yeah, I don't know what it was, but it was pulling to the It was pulling to the right. I don't know if it was one of the cones or what cuz it happened so fast. I was trying to remain control over it. >> Do you have Do you have your driver's license, ma'am? >> Yeah, yeah, yeah, yeah, yeah. I got it out. >> Yeah, if you mind getting that for me. >> Yeah, I wanted to try to see what I could do this. >> Okay. >> And yeah, sit down. Sit >> So, you don't know what happened right here with all this? >> It just It kind of lost control. Um it's been swerving. Like, uh it's a rental car >> Okay. >> it's kind of one of them uh >> Well, do you re- Do you remember hitting anything? Cuz this is You definitely hit something. The whole back axle's broke. >> The back axle? >> Well, I mean, something's broken. That whole tire's crooked. >> Yeah. >> And all this damage here. >> Yeah. [crying] I um I don't know. It just all happened so fast. >> Where were you coming from? >> I'm coming from Ocala. >> Okay. >> And I live here in Gainesville, but uh it just like it started losing control like contraction and it was like just pulling strongly to the right. I don't I didn't hit nobody other I didn't hit no no other car. >> Okay. >> Um so I don't know if it was like one of the cones or or what, but >> That's more than a cone. Um >> Yeah. Well, I didn't hit a tree or anything cuz it was I was on the far left lane. It just started losing control and it just going >> Okay. >> But it's been having issues, so I was just actually about to return the vehicle back. Um >> All right, let me see your driver's license. Hey, buddy. Can you do me a favor just stay inside the car, okay? Do me a favor, stay inside the car. >> But I've been telling them that it's been having a hard time pulling to the right. Um the rental car people. It it pulls to the right. So um >> Here, let's go around to the other side. I don't like you standing out here with all these cars, okay? Here, hold my hand. I just want you to sit up in your seat right here, okay? All right, partner, you hang out right there for me. Good job, helicopter. >> I I believe it was one of the cones or it was something cuz I was on the left hand lane, so I don't know. It all happened so fast like it started uh crunching. >> Okay. >> And then now the the wheel kind of like wiggling, but there's no airbags the car or anything. >> Stay in the car for me, friend. You want to hang out here. I just didn't want to bring her back there with the kids. He wants to keep coming out. >> Okay. >> All right, he's going to hang out here with the children. If you don't mind coming back to the put him in my car for me. Hey, bud. Hey. Go step Go get in your car seat. >> I put him in there. He just climbed back around. >> Okay, we can put him in the back of ours. >> You want to go sit in my car? >> Go sit in the police car? >> Yeah, come on. Come with me. >> Pursuant to the Fourth Amendment, Terry versus Ohio lets officers briefly detain on reasonable suspicion. A lane violation under [music] Florida statute 316.089 plus visible vehicle damage easily clears that bar. The stop is constitutional. >> That baby's burning up. >> Is she burning up? >> Yeah. Let's put her in the back seat of one of our cars or in the front seat. >> Okay. >> We're going to put her in one of the AC cars, okay? >> Okay, I'm >> Let's step back here to the front of this patrol car, okay? >> I'm coming. I'm coming. >> How old is she? >> She is uh She's 6 months. >> 6 months? Yes, ma'am. Stand right here. Do you have your ID? >> Yeah. >> I've got it right here. >> Okay. >> Um it's like >> Do you have enough AC in there? >> Yeah. I'm going to I've just got to crack the uh window open. >> It's pulling like to the left and the right. Like it's got some axle It's a It's a rental car. Um and it's been pulling and I actually contacted them today and told them that I think something was wrong with the tires. We're actually on the way home. >> Yes, ma'am. Will you stand right here? You see where this Ford emblem is? I don't want you to get run over in the road. This is a busy highway. >> no. You're good. I'm just going to go stand >> stand right here? >> Yeah. >> Were you hurt at all? >> No, I'm not hurt at all. It was just like uh with I can't explain it. It just happened so quick. >> Where's dad for them? >> Um Dad is uh probably at home. >> Okay, can we call dad? >> Yeah, let's >> Here, hold on. Hold on. Stay right there. Let me get his phone number. I'll call him. >> Okay. >> Where does he live at? All right, just sit tight right there, okay? I'll be right back with you. >> Okay. So, ma'am, have you been Have you had anything to drink today? >> No, absolutely not. >> You haven't had any any kind of alcoholic beverages or anything like that? >> No, not at all. >> Okay. So, just out of curiosity, would you be opposed to >> I'm not under the influence of anything at all. >> 26 back to one, thanks. >> It's just the car is the car is already having issues. >> Right. >> already took it to the and uh the uh the company who I rented it from. >> Right. >> So, I've already told them I was waiting on another car cuz they said they were fixing the car that I had. But, I didn't know that this car had so many issues. Like, lights don't work in it. It pulls to the right, sometimes to the left. I don't think uh it's got good traction. Like, the I don't know how to explain it, like >> Okay. >> It pulls, you know, from one another. >> All right, so I'm just just I mean, just by the sheer nature of the vehicle driving like that, what would what would make you want to continue driving it? >> I was >> Unfastened from the your Go ahead. >> No, no, no. Um I was just trying to get them to a closer area >> Okay. >> where we could get better help instead of standing on side of the road. >> Okay. Would you object to taking any field sobriety examinations if to dispel my any kind of uh >> Field sobriety for what? I don't smell like alcohol. >> I'm just I'm just asking if you would to dispel any reason for me to believe that you're under the influence. >> no. I mean, I don't have an issue with that, but >> Okay. >> I don't think that's the time right now for any of that cuz I'm not alcohol. You can smell my breath. You can smell whatever. But, I'm not I'm definitely not under the influence. >> Okay. Well, just stay just hang out here in front of this by this Ford emblem for me. Just so you're away from the traffic cuz >> So, do you remember hitting anything? >> That's my biggest concern is I mean that's a that's a significant impact. So, I mean >> Yeah, it was no vehicle. I I It just happened so fast. Like >> Where did it happen? Do you remember? >> a little bit down the road. >> What do you remember what it hit you hit? Look like a Was it on the prairie before the prairie? Do you remember? >> No, it happened so fast like I said the car has been off off balance like it was The car hasn't been driving well since I got it. This was a temporary car. I had a different car. >> Right. >> But they had to do some transmission work to it. So, they gave me this lemon car which was only supposed to be for a couple of days. Um but it has issues. Like I said, it pulls to the left like the alignment I mean, if you want to see it. I I rented it from Sunrise. Sunrise I rented it from Sunrise. But >> I think you want to do a FST on her. >> It just it's like the wheel just >> I got the pad there. I'm So, you don't So, just just to dispel any of my thoughts, you don't mind doing the sobriety examination for me? >> I mean, I don't I don't mind but I'm not under the influence. >> Okay. >> my breath. I don't have any alcohol >> Well, wait other than just smelling your breath, I have other tests that I could administer if if >> Like what? I mean, I'm not denying but I'm just saying this is the hold up. I want to >> Right, I know it's a hold up, man, but look your vehicle your vehicle is non-drivable and you can't really explain to me when or where you hit something. You say it all happened so quick. >> It all happened It It wasn't far down the road. It was just down It's not far because I stopped because the >> Okay. All right. Well, I'll tell you what. You and misses here to check out the babies. If you don't mind just stand out in front of my patrol car. Okay. I'm going to read this to you. This does not mean you're under arrest. It's just your constitutional rights, okay? This does not mean you're under arrest. I'm just going to read this to you. You have the right to remain silent. Anything you say can and will be used against you in the court of law. You have the right to talk to a lawyer for advice before we ask you any questions, and you have the right to have him during any questions if you wish. If you cannot afford a lawyer, one will be appointed to you before any questioning. If you decide to answer questions now without a lawyer, you still have the right to stop answering at any time. You have the right to stop answering at any time until you talk to a lawyer. So, having these rights, do you wish to talk to us now? >> Florida Statute 316.193 [music] doesn't require alcohol. Any controlled substance under Chapter 893 [music] triggers a DUI. With a minor in the vehicle, subsection 4 [music] doubles the minimum fine to $1,000 and stretches jail time to 9 months. Berkemer versus [music] McCarty says a routine traffic stop isn't custody, so Miranda isn't required. Reading rights early anyway is smart lawyering. >> [music] >> It locks down admissibility if the stop later escalates into a full arrest. >> I just This is a formality. I had to read you It doesn't mean I'm arresting you. >> I'm just telling you that I am >> Okay. So, this I want you to dispel those to me by taking a couple of these field sobriety examinations. >> I understand, but I I haven't drank or I haven't >> Okay. Perfect. These won't take long. >> I understand, but I'm just trying >> Okay. Well, right now Right now, we're going to be here for a while. This car's going to have to be towed and checked out, okay? This car is not drivable. This car is not I cannot allow this car to be driven on a on a Florida highway anymore, okay? >> What's the national amber alert? It's not an airbag. >> Okay. >> You know, you know, we don't have a fan. You know, the rear axle's probably broke. >> Just stay right here, ma'am. Ma'am. So, listen. The way you keep ignoring me Okay. Okay. >> The way you keep ignoring I know it's a lot. I know it's a lot. But, I want you to focus now. The babies are being handled, okay? >> Yeah. >> We'll take care of the car. I just want you to focus on me, okay? Okay. So, we're going to do a couple couple examinations, okay? The first one's called the horizontal gaze nystagmus, okay? So, I'm going to be checking your eyes. >> Okay. >> All right. So, I want you to stand with your feet together and hands down by your side, just like that, okay? Stay in this position until I tell you to begin. Okay, what I want you to do is I want you to follow the tap top of my pen right here, okay? Don't move your head. Only follow it with your eyes. You understand? Okay. >> I'm doing my best. >> All right. Just keep your hands by your side. Keep your hands by your side, okay? >> Keep your hands down by your side, ma'am. >> Just follow with your eyes, not your head. Keep the pen. Keep the pen. Just with your eyes. All right. We're going to finish conducting these. Once EMS is done, we're going to go over here so we're off the side of the road, okay? >> Okay, but what >> What's the deal? >> Yeah, I'm just trying to get home. >> Okay. Well, if I'm if Right now, based on the accident and based on you know, the way you've been acting and we're just going to do these field sobriety exams and we're going to go from there, okay? I can't tell the future. >> You can smell my breath. I'm not on no I'm not on no pills. >> So, these this is what we do by policy. It doesn't say smell your breath, okay? I don't smell anything on your breath, so that will go I'll I'll write that down, but >> I'm just saying and I'm [clears throat] not drunk. This is an accident. People have them, you know. >> Yeah. >> It happens. You know what I mean? I think this is getting blown way out of proportion. >> Nope, it's not. >> My dad owns this shop. I heard a noise up here. >> Okay. How old is he? >> He is 3. >> What Do you know his birthday? >> August No, August. Um it is It's Look, I have not been drinking tonight. >> Have you used anything that would alter anything in your body? >> No, not at all. >> Normal people do not hit guardrails or hit cars and not know that they hit something. >> No, I did not say I didn't hit something. I was >> Okay, then what did you hit? >> I'm not sure what it was. >> But if I hit something, I usually know what I hit as long as I'm not impaired by something >> Yeah, no, no, no. >> or or drunk. >> It just happened so fast that I didn't get to a chance to turn around because the car was wobbling. >> Yeah, cuz it it has significant damage. >> Which is understandable. So, that's what I'm saying. It happened. So, I I wasn't able to really turn around and assess whatever the damage was from back there. Yeah, it's getting to pull off the road. >> Huh? That's what That's what's getting me is >> Yeah, no, no, no, no. I was pulling off the side of the road. It just >> Before this deputy got behind you, you were pulling off on the side of the road? >> Yeah, I was already >> Cuz we got two 911 calls saying that you weren't pulling off the road. >> No, I didn't. I said I was going to come down a little bit further. It just happened right back there. >> Have you stopped anywhere before they found you? >> What do you mean? >> Did you stop at at any parking lot or anything? Before I Before I got behind you, did you Did you pull over anywhere and stop or talk to anybody? >> Yeah, I I talked to I stopped or I talked to a couple. >> So, then you got back in your car and kept driving? >> No, I wanted to see the extent of the damage to see how far the car was going to make it cuz it's a rental car. So, I have to explain to them what's going on. So, I was trying to uh see if it was just like a a bent axle or, you know, something of that nature to uh let them know. >> Okay. >> Obviously, it's their vehicle, >> So, what I What I don't understand is when you pulled over to see the damage, why you can got back in the vehicle and continue driving until I got behind you. The reason I knew where you were is cuz we had two people call 911 that there was a black Nissan Altima with a >> Which I understand. I didn't go far. I drove it to see how far like what the damage was to the vehicle. I'm trying to coordinate >> All right. Well, does that Does that look normal? Does that back tire look normal? You don't have to drive it to know if that's a normal. >> Well, I have a claim number. >> I get it. You have a cell phone, right? >> Yeah, I didn't get a chance to get that cuz I was trying to find a safer place to pull over at. >> Talking to them at 1:30? >> Huh? >> Talking to them at 1:30? >> Which part of the line? >> The one you stopped at when you talked to the couple. >> Um no, they just pulled up behind me and they were like, "Hey, just we're letting you know that we uh we contacted the police." I'm like, "Yeah, that's fine." I said, "I just want to see the damage of the car to see how it's driving." I didn't go fast. I stayed right here in this lane. I wasn't >> You should >> trying to see the amount of damage to the car because I have to explain that to the rental car people. >> All right. It doesn't make sense to me, but that's your story. It sounds like you're sticking to it. >> I mean, I'm I don't have a reason to lie. my car. We're just trying to make it home. It's hot. >> I get it. >> I just Mistakes happen. I'm not intoxicated. I'm not None of that. >> So, EMS told me that they want the babies to go to the hospital. Okay. I'm going to ride with them down there. Okay? Dad is going to meet me up there at the hospital for her. They're going to go to the hospital right now for whatever EMS saw on them. >> Accident. It's nothing more than an accident. >> Delt with three? >> Like I said, the wheels The wheels are off. I don't know if They pulled to the right. >> In Orlando? Okay. Oh, really? Okay. >> Look, I don't have any issues like with whatever is going on. I'm not >> Yeah. >> I'm not under any type of influence. >> Okay, ma'am. It's Florida Highway Patrol is coming to take care of the accident portion. And if they feel they need to do any further testing, that's what they're going to do with you, okay? >> Okay. >> I'm here. I'm going to ask you a couple questions though about um the children. >> Yeah. >> Um we just The reason that EMS took the children is there's a lot of bruises and cuts on the on the baby's arm. Do you have Do you know what that's from? >> It what? >> On arms, there were lots of bruises and and cuts on her arms. >> Impossible. >> It's not impossible, ma'am. That's that's the reason they took them. >> That's fine. I just I just had them. I just changed them. We just came from Ocala. >> Okay, who's in Ocala? >> Um my sister, my family. >> How long were you down there for? >> Um I was down there all day since about since about um >> So you went down there this morning? >> Yeah, to take them to school. I still go to school in Ocala. >> And you were just on your way back up now? >> Yep, I was on my way home. I There was nothing, no [ __ ] Only thing that's the car started just yanking the wheel like out of control. >> Okay. Do you So you have your driver's license? So let me just write your name down so I don't have to All right, so like my concern was just some of the marks on if it's just they were scratching themselves or I'm just trying to figure out what's >> picked them up from daycare. I mean there's things that happen at daycare, so >> Yeah, do you know What's the name of the daycare you bring them to? >> Um I think he goes to >> They both go? You drop them off in the morning? >> Yep. >> You drive to Ocala every day? >> Yep. >> Drop them off? >> Yep. >> And then go back You hang out down there with your sister and family then when school's out or you working down there or >> No, I hang out with my sister and >> Okay. >> Then after you know it's time to go, we just pack up and come home for the day. >> Okay. And so how long have they been going there since How long have they been going to that I know the age difference is is significantly different, but >> No, they do great. They do great with >> You never had any issues with the daycare before? >> No. No, the daycare is great. And but yeah. >> They've been going to that daycare for how long? >> Uh about a month now. >> About a month? >> Yep. >> Prior to that, were they going to a different daycare or >> Yeah, they were going to a different daycare called But uh they ended up closing down due to I think the Corona outbreak and stuff. So, they haven't yet to reopen yet. >> Okay. Take care and stuff like that. >> I mean they were staying They were buckled in. >> Yeah, well one of the calls that we got um from the on 911 was that the children were not restrained. >> No. >> I mean I saw the one baby restrained, but the other one was kind of jumping around, but >> No, yeah, cuz he knows how to unlock. When Once he comes to a stop >> I noticed cuz I put him in the seat and he just kept wanting to get out. >> Yeah, he's just a he's a toddler. So, he's at that stage where he can He's able to be in a toddler seat. >> Yeah, I got you. >> I tried to regain control. It's like the tires or the actual or something's off. It pulls to the right and it pulls to >> Right. Well, I I definitely know it pulls now. So, you're saying prior to whatever you hit it was pulling? >> Yeah, it was already pulling to the It's pulling to the right But it also it also pulls to the left as well. So, it's like one of the actuals down there are >> So, okay. >> Something Something's not right down below. Which >> The back The back tire >> Yeah, I I used to walk up here and >> Yeah, I think the actual is broke. >> you to stand right here in front of this Ford emblem. I don't want you to get hit, okay? >> Okay. >> All right, so we're just kind of hanging out right now waiting for Florida Highway Patrol guys, okay? But you don't know what I'm talking about on the on the I saw it on the baby's arms on the on the girl. She had some She had lots of like kind of bruises and marks all up on her arms. I was just You haven't noticed them? Hm. Okay. >> No, and I just I just brushed I just brushed him before we came >> Right. And I'm I'm saying that I'm not saying that anybody was doing anything to her. She could do that to herself. Babies do that. Sometimes you got to put the little You ever seen the little mittens and stuff like that cuz if their nails are too long, they can do that themselves when they cry. >> Her nails definitely grow quickly. >> Okay. All right. Well, we're just going to hang out here for now. Now that we've had a little bit of time to calm down, do you remember like veering off? It must have been in the left lane. I'm just I'm just thankful you guys are alive. Because it could have got worse, especially out in that prairie if it had >> Yeah. Yeah. Yeah. I understand. It just happened so fast. >> Right. >> Like I said before, if you get in it, the steering wheel is not 100% like it pulls. I guess that's the way you could say it. Pulls different like a like a I'm not done with cars. So, um it's like it pulls to one direction. >> Right. >> And sometimes you have to try to pull it back to the other direction. >> All right. So, the alignment may be off and it's pulling to one side. >> Exactly. And it's a rental car. I had a different rental car, but >> But besides all that, I know you said it happened fast, but the impact and I'm sure it was scary. You know, I'm just trying to trying to help you recall maybe what happened. >> It I It just It happened so fast. It just >> Cuz I can't I actually can't recall down on the prairie if it would I don't know if this happened before or you got across coming across the prairie or while you were on it. >> It was down It was down there a little bit. I know I know it was down there a little bit cuz the lady stopped and they were like, "Okay." >> Do you remember where you stopped at? Like what in front of what business or do you >> No, it was probably >> That's all right. Just stay over here. >> I don't want you out here, okay? >> It was It wasn't no more than a mile away and I told her I said, "You know, I just want to test drive it to see how it drives." >> What did she say when you said that? >> Um >> Do you remember? >> No. >> I'm just curious. >> No, I said uh I just told her I was like basically I just want to see how the car's going to drive. If I'm able going to be able to drive it to a shop or if I'm going to have to cuz I have AAA. >> Right. >> to have to have AAA tow it in. So that was my only >> Well, I'll tell you if this ever happens again, that is a pull your car over, call AAA, and get a tow truck because especially with babies in the car, >> Yeah. >> that that wheel could fall off any second now. Who knows what's holding that on? >> You know I I'm a female, so I'm not good at that. >> but you got a Florida driver's license, so you took some kind of test. >> Yeah. >> And you know that cars you know that that car after you hit something, the way it was driving I saw when I was pulling you over and you saw me turn around and pull you over, you're you were all over the place. You >> Yeah, because it was pulling it. >> Yeah, well, not I mean, yeah. The back tire's trying to go in a different direction than the front tire and you're trying to fight it the whole time, so >> no. I was just trying to see where where we was going to get with it, so >> Okay. >> wasn't trying to >> going to get anywhere with it. >> I you know men and women are different. I can I was just trying to see how far I could get. >> Did it feel dangerous when you're doing it? >> Did it feel dangerous? >> Yeah. >> Yeah, I mean, it was tugging. It was tugging, but that's why I tried to wait so there was no traffic coming to try to see if that was something I would be able to maneuver and fit. >> So what did you hit? >> I have no idea. It just happened so fast. I was going to come back around and he was back behind me. He told me like "How was everything okay?" And then when I came inside and I noticed there was some white overcast you know. damage. So, I tried to go back to see what I exactly was hit with, what I think was a pole. >> Do you know where it was? >> Not exactly. It's within the somewhere It's somewhere within this light. Probably. I don't want to say how far of a distance it is, but probably down there from where the fence >> All right. Yeah. >> Somewhere right in here. Like after the curve? >> Yeah. >> You have the right to stop answering at any time. You also have the right to stop answering at any time until you talk to a lawyer. Do you understand each of these rights I've explained to you? >> Yes. >> All right. These rights in mind With these rights in mind, do you wish to talk to us now? >> Yeah, there's no >> Okay, so drugs in here. I don't want to be opening up something. Okay, well, what is it? Cuz usually you don't see stuff like this. >> What is it? >> to help you. >> She She can search. Just keep your hands behind you. >> Just tell her. >> Okay, you guys are sitting here attacking me. >> We're not attacking you. >> Just let her do her job, or you're not helping. >> You're not Nobody is helping me do anything. I'm sitting here telling >> Tell me what it is, and I'll get it out. >> I did. >> Oh, I told you again. >> That's the three. >> You're going to jail. >> The first two bags fall under Horton versus California [music] plain view doctrine, lawful position, inadvertent sighting, obvious contraband. The third bag, [music] found during the body search, is covered by Chimel versus California, which green lights warrantless [music] searches incident to arrest. Florida Statute 827.03 [music] makes child neglect a caregiver's failure to protect from harm. Driving a wrecked [music] car on meth with unrestrained kids checks every box, third-degree felony, 5 years per count. [music] Florida Statute 316.061 requires drivers to stay at the scene of any property [music] damage crash. A quick pull-off without ID exchange or a police report doesn't count. Driving away seals the charge. Refusing the blood test hits Florida's implied consent [music] law, section 316.1932. Driving in Florida means [music] you already consented. Refuse, and your license is gone for 1 year. And prosecutors will argue consciousness of guilt at trial. [music] The deputy earns an A-minus. Textbook procedure, kids first, early Miranda. The trooper [music] gets a straight A for clean constitutional work. The subject gets an F. Five charges, two children in harm's way. Three takeaways. One, no alcohol smell needed for DUI. Behavior alone builds probable [music] cause. Two, reading Miranda early is smart lawyering. Three, half cooperating [music] after rights are read is the worst play. Loose talk is admissible. Silence is protected. Drop your topic requests in the comments. [music] Thanks for watching and check out our second channel, Audit the Court, for more [music] police and courtroom content.