have to do AN ACCIDENT INVESTIGATION. GET OUT OF THE ROAD! GET OUT OF THE ROAD! GET OUT OF THE ROAD! >> [screaming] >> I'M NOT MY LIFE IS OVER! WHAT? LEGAL ANALYSIS OF A MARSHFIELD, Wisconsin accident response. What matters here is the law. Wisconsin statute section 346.67 is the foundation. Every driver in a collision has a non-discretionary duty to stop, render aid, >> [music] >> and exchange information. No personal urgency suspends it. Oh my god, why are you Get away from me! Who's involved in the accident? This woman I got hit by is hurt. She rear-ended him because he was sitting at a light that was green and then she and I'm trying to talk to him just calm her DOWN AND SHE'S OFFICER, I DON'T HAVE TO GO! YOU CAN'T leave yet. DON'T LEAVE. >> I'M IN THE I HAVE I'M IN THE MIDDLE OF AN ORDER. I HAVE FOOD IN MY CAR. I HAVE FOOD IN MY CAR. YOU NEED TO CALM DOWN. >> I HAVE FOOD IN MY CAR! MA'AM, YOU NEED TO CALM DOWN. >> IN MY CAR! STAND OVER HERE. BABE, you need to get here. You need to You can go. You know! So, what happened? Um the light turned, there was car in front of me, and all of a sudden I got hit from behind. Okay. And then I pulled over here. All right. What's your information here? Kayla. They're going to ticket me. Kayla, what happened? YOU DON'T KNOW! YOU THESE COPS ARE PISSING ME THE [ __ ] KAYLA, you're not going anywhere. You're not going anywhere. No! All right, Kayla, you're going to be detained. You're going to be de- Stop! Why are you running away? Right! He wouldn't [ __ ] LET ME. THERE WAS A GREEN LIGHT! THERE'S AND I DIDN'T GO! >> [screaming] >> ACCIDENT. WHY ARE YOU YELLING? WHY ARE YOU freaking out? Cuz I'm in THE MIDDLE OF WORK! OKAY, WELL, you're not going anywhere. I'm not going anywhere! >> over here. I'm not going anywhere! YOU NEED TO GET HERE NOW. THESE COPS ARE They're pinning me to a corner. >> Ma'am, we're we're trying to gather information so we can get you out of here. >> I'm just trying to ticket this guy. Okay, Kayla. My car is Kayla. My car is [ __ ] I need to [ __ ] I need to see if it's going to start. I need to You're not starting your car. No, no, no, no. You're not getting in the vehicle. I'm not. You're not getting in the vehicle. You're not leaving the scene. No, please. Okay, I'm sorry. I'M SORRY. I'M SORRY. PLEASE, SIR. STOP YELLING. The cops are trying to arrest me! Kayla, we're not here TO ARREST YOU. KAYLA, CAN WE SIT OVER HERE, PLEASE? >> PLEASE, NO! KAYLA. GET HERE NOW, PLEASE. >> We just have to conduct an accident investigation, OKAY? GET HERE NOW! THIS COULD BE SOLVED VERY STOP! I didn't do anything. I didn't do anything. Kayla, get out of the street. GET OUT OF THE STREET. I DIDN'T DO ANYTHING WRONG! THE FRONT OF MY CAR IS MY LIFE [screaming] IS OVER! ALL RIGHT. WHAT? LET'S JUST gather up the information and we'll get out of here. IT WAS GREEN! KAYLA. WE HAVE TO DO AN accident investigation. Kayla. Calm down. Kayla. We can see if it starts. Yeah, we can do that. Kayla, it's okay. It's okay. Is it leaking anything? Hey Kayla. Do you have insurance? Kayla, it's okay. It's okay. It looks drivable, Kayla. [screaming] IT LOOKS DRIVABLE. WHY ARE YOU LAUGHING? I'M NOT. Really not too much. Okay. You can have a seat in your truck. I'm going to give you a card and get you out of here. Oh god, THIS IS INSANE! KAYLA. YOUR RADIATOR'S FINE. YOUR radiator's fine. Are you okay? Are you okay? Oh my god. Your radiator's not >> [screaming] >> You should be able to drive it. You're not leaving. THE LIGHT WAS GREEN! IT WAS GREEN! WE JUST GOT TO GET SOME PICTURES. NO. NO. WELL, there's no damage to his, it doesn't seem like. There's just damage to yours. Yeah, I know. Great. Funny, Greg. Get away from me. It's just a little accident. GREG, DON'T TALK TO ME! KAYLA, WHY ARE YOU >> DON'T TALK TO ME! WHY ARE YOU FREAKING OUT? I'M so I'm so [ __ ] I'm so [ __ ] I can't fix this! I CAN'T FIX THIS! OH MY GOD. Oh my god. Oh my god. [ __ ] I CAN'T FIX THIS! KAYLA, GET OUT OF THE STREET. >> NO! GET OUT OF THE ROAD! GET OUT OF THE ROAD! DUDE, GET OUT OF THE ROAD! LEAVE ME ALONE! >> [screaming] >> I'M NOT GOING TO LEAVE. >> GET THE [ __ ] OUT OF MY FACE! IF YOU KEEP YELLING LEAVE ME ALONE! LISTEN, IF YOU KEEP YELLING >> CARE. LEAVE ME ALONE! LEAVE ME ALONE! LEAVE ME ALONE! [screaming] IT'S A pretty simple ACCIDENT INVESTIGATION. [ __ ] GET I'M NOT GOING ANYWHERE. NO, YOU'RE NOT GOING ON THE ROAD. I'M NOT. You're not going to go on the road. THIS IS INSANE! THIS IS INSANE! I CAN'T BELIEVE THIS! [ __ ] [ __ ] YOU! YOU GUYS ARE [ __ ] PRICKS! NO, NO, [screaming] NO! NO! OKAY, YOU WANT TO TELL US WHAT HAPPENED? >> NO. THE light was green AND HE DIDN'T GO. YOU WANT the case number? Go [ __ ] yourself. Do you have your current information? Do you have insurance? >> I'm not giving you anything. Do you have insurance? I'm not giving you anything. >> All right, well, we'll just give her a citation for no proof of insurance. >> Okay, give me a citation. I DON'T CARE. THAT'S FINE. WHAT AM I GETTING A CITATION FOR? >> I ALREADY EXPLAINED IT TO YOU. I'm not going to sit here and debate with you. I HAVE AN INSURANCE CARD! BUT YOU TOLD ME YOU just told me that I took yourself and [ __ ] you. That's what you told us. You have insurance, you're involved in an accident. You need to provide insurance. >> I don't have the information. Then who is it, KAYLA? I DON'T KNOW! OKAY. WOULD YOU LIKE TO GIVE IT TO US AT some point? Do you want to tell us what happened? The light was green and my tire is all and I SLID INTO HIS TRUCK. WELL, THAT'S MORE OF AN explanation than I got. Can you come off the ROAD SO YOU >> NO! I WANT TO get [ __ ] HIT BY A CAR! WHY? I'M [ __ ] WHY? IT'S AN ACCIDENT. I know! I can't afford to fix this! You probably don't have to fix it that much. >> You guys are straight up stupid. >> Okay. I'm not going to put up with that. We're done. I'm not putting up with that. You can call Officer Byrd tomorrow and let him know who your insurance is. >> No. Okay, well, then you will be cited for that. >> That's fine. >> Okay. You can go through a red light. The disorderly conduct statute is Wisconsin section 947.01 subsection 1. >> [music] >> Class B misdemeanor. Four elements: prohibited conduct, public setting, tendency to provoke [music] disturbance, reasonable person standard. Two Wisconsin Supreme Court decisions define the scope. State versus A.S. 2001 >> [music] >> holds speech alone qualifies when it lacks social value. State versus Schwepke 2002 confirms private conduct [music] counts when it risks spilling into public disruption. Fourth Amendment analysis runs [music] through Terry versus Ohio 1968. Brief investigative detention, reasonable suspicion, proportionate scope. Pennsylvania versus Mimms 1977 extends that authority to accident scenes. Use of force is measured against Graham versus Connor 1989 from a reasonable officer's perspective on scene. When officers resolve it verbally, title 42 United States [music] Code section 1983 exposure, stays minimal. She's going to get another crash. So, she ran into the car. Yeah. So, that ticket and then no insurance. Yeah. Okay. Yeah. Easy enough. My goodness. So, like prior to our arrival, how was that other uh party's behavior, I guess? You know, I couldn't move to where my car was in front of me and she ran into me, so then I pulled over there was no place where we parked. Yeah. Then she was like ready to leave. Yeah. She just wanted to leave, so I and then she got really hysterical and then Okay. You know, did you feel like yesterday like her her behavior caused a caused a disturbance? Oh, yeah. She was yelling down the sidewalk, yelling and I was the cause, you know, it took her a long She was freaking out. Yeah, that's uh I know that's a bit much to to have to deal with, you know, especially for a It's a minor accident. Yeah, it's a minor accident. Um doesn't seem like, you know, there might have been some paint scuffing, but it didn't look like there was much damage to your vehicle. Did she like make any like sort of threatening statements to you or anything like that as well or um just yelling at you? >> Um just really yelling. I don't think he made threatening, you know, to me, but Okay. Yeah, cuz like ultimately um you know, her behavior, how she was acting yesterday, I you know, we had sort of discussed it a lot. Um I know it was towards the end of the day and towards the end of our shift, but you know, ultimately that was extremely unacceptable um on her part. So, I I I will be uh charging her with disorderly conduct for that. You know, that's not something you should have to deal with for an accident and that's not the way you know, not a proper way to behave for something that was basically similar to hitting a deer, you know. Yeah, yeah. So, and I got a question if she was on something, you know, that was towards the end of that second, you know, but yeah. >> Yeah. No, I I I I've had a couple of contacts with her before and that seems to be pretty much in line with her normal behavior, so Oh, okay. Yeah, so sometimes she gets like that. Um yeah, I just uh wanted to make sure that, you know, if we were going to pursue charges against her that, you know, you felt that she had caused a disturbance, which I think everybody in that surrounding area certainly did, so Oh, yeah. She was running around and All right. Well, thanks thanks for uh talking with me. I just wanted to reach out to you and make sure uh that uh that that would be appropriate, so All right. Well, you have yourself a wonderful day and Yeah, you too. All right. Take care. The officers earn a B plus. Commands were lawful. The detention tracked Terry. The disengagement followed crisis intervention team doctrine. [music] Points off for standing too close to traffic during the encounter. The subject earns a D. She hit every element of section 947.01, [music] violated section 346.67, and refused the insurance requirement under section 344.62. [music] Not an F only because she never put hands on an officer. Three takeaways. First, the duty to remain at an accident scene is absolute. [music] Second, profanity alone is protected, but add volume, a public setting, and disturbance, and Wisconsin's disorderly conduct [music] line gets crossed. Third, officer restraint is both law and strategy. It cuts section 1983 exposure and keeps the case clean. Let us know if there is an interaction or legal topic that you would [music] like us to discuss in the comments below. Thank you for watching and don't forget to check out our second channel, Audit the Court, >> [music] >> for even more police interaction and courtroom content.