Well, you're not free to leave, so >> Third, what are you searching for? >> I'm not searching. I am investigating. >> Okay. >> There's a difference. You're not going to close the door unless you're just going to go in cuffs, okay? I'm giving you a verbal command to provide me with your >> a warrant? >> I don't need a warrant to speak to you. Close it. If you walk away, you're going in cuffs, okay? It's going to be that simple. >> Okay. Have a nice day. >> leaving anyway, okay? Listen. Don't leave anyway. Listen. Listen. Look at me. Look at me. >> Look at me for what? >> Do you want to go to jail? >> For what? >> For a hit-and-run. You crashed into someone's car and didn't stop. >> Are you going crazy? >> On February 10th, 2026, in Kansas, four criminal citations, one arrest, and a constitutional record that will face significant scrutiny in court. The charging conduct is not the real issue. The real issue is what law enforcement did or failed to do to protect the procedural rights of the person in front of them. >> How you doing? >> Hello. >> Yes. I was I was with the KSP Department. >> Okay. >> You doing all right? >> Yeah. >> You have an ID on you? >> Yes. >> All right. Is this your vehicle? >> Yes. >> Registered to you? >> Yes. >> Okay. >> Why are you here? >> Okay. Just step out of your vehicle for me, okay? So we can speak. >> Why would I speak to you right now? >> Okay. So right now we're investigating a hit-and-run, okay? So I just want to speak to you outside of your vehicle so you can explain to me what you remember or whatever happened, and then we can go from there. It could It doesn't have to be a hit-and-run. It could be a traffic crash if you wanted to exchange information. So if you don't mind providing me with your license, registration, and insurance. >> First of all, I have nothing to speak to you. >> Okay. >> Second of all, I'm not running off anything. >> Okay. Well, you're not free to leave, so >> Third, what are you searching for? >> I'm not searching. I am investigating. >> Okay. >> There's a difference. You're not going to close the door unless you're just going to go in cuffs, okay? I'm giving you a verbal command to provide me with your >> I don't need a warrant to speak to you. I'm investigating >> Investigating >> crash, more so a hit-and-run, which is a citation damage at the back of her vehicle. >> Hit-and-run or what? >> Check the front of hers. >> Her front right headlight is completely shattered. And she saw she never saw her leave this vehicle. >> I'm going to explain this to you one more time. You are not free to leave. >> Okay, okay, let me close your mic. >> Close close it. If you walk away you're going to get cuffed, okay? It's going to be that simple. >> Okay, I have a no problem. >> You're not leaving anyway, okay? Listen, don't leave anyway. Listen. Listen, look at me. Look at me. >> Look at me for what? >> You're going to go to jail. >> For what? >> For a hit and run. You crashed into someone's car and didn't stop. >> You're being crazy. >> It was that was that easy. All you had to do was give me your stuff, all right? You're taking her or am I taking her? I don't care. It don't matter. >> I live like in this >> that's fine. I do The thing about it is you're just going to hear laughing, okay? I'm usually not like this. I'm simply trying to investigate this and just turn it into a traffic crash, but you don't want to give me your information. All I needed was your license >> Did you ask? >> I did. I said license, registration, and insurance. >> a chance. >> I gave you a chance, but you wanted to pull your phone out. And I warned you and then you tried to close your door on me and I sat there politely and requested these documents. It was It could have been that simple. So, are you willing to give me those documents? >> I have everything in my car. >> So, if I take these handcuffs off you, are you going to give me the documents? >> Sure. >> Cuz if not, I'm just going to plainly take you to jail. Yeah. But the thing is is I'm giving you commands and you're refusing to obey my commands as a law enforcement officer. Okay, like I told you I'm investigating a traffic crash, okay? >> Okay. >> So, if I remove the cuffs, are you going to give me your >> You do whatever you need to do. The car is there. >> Okay. >> And my house is right there next behind me. You do whatever you >> Okay. So, I'm going to take the cuffs off you and then I'm going to need you to just give me the information. >> You do to do. >> And then we go from there, all right? >> Sure. You do whatever you need to do. This is very very random. >> It's not random. >> It is random. >> We're not here for no reason. >> I'm not here for a reason as well. >> So, I simply was asking >> for a reason, sir. >> license, registration, explain to you >> whatever you need to do. You didn't explain me to do. You didn't explain me to You just randomly came at me. >> Okay. >> You get whatever you need to >> and give me your license, registration, insurance, please. >> No. >> Was she moving or she parked? >> She said she was on the boulevard and the lady crashed into her. >> Oh, this happened on the boulevard? >> I think she probably hit something like here or even that >> maybe because if you Did you see the damage on the Mercedes? >> So >> It's the right front her headlight. >> Yeah. >> Busted out. >> Completely busted. So, it makes sense that if she hit something like >> on it. >> I don't If she would have went straight, she would have hit this before any of that. So, I think she like Maybe she like hit this part with that front >> All right. Uh do you Do you know where she hit you at? >> I do not because there was a bicycle in the one lane and I stopped quickly and all of a sudden I felt the and I do have the trailer hitch back there. So, I pulled in at the I believe it's the Verizon there in Keep Glanza and she kept on going. So, I pulled back out and I was a couple of cars behind her but I saw her turn. So, I followed and then back here ways there's a black trailer. >> Right. >> And she pulled kind of like this. So, I pulled up next to her, rolled down my window and beeped my horn and then she tried to move a little bit forward and you could hear it crunching. So, and then she I was on 911. >> You hear what crunching? >> My front of my vehicle against the trailer that's parked back there. >> So, she hit a trailer, too? >> Yes. She tried to move >> All right. So, she says she she saw her hit a trailer cuz she doesn't see any damage on her truck but she said she saw her hit a trailer so I'm going to go walk over there with her. Okay. Yep, there's some glass over here. >> She says it's kind of ridiculous. The reason I stopped quick in the boulevard was a bike and she just kept going. >> came out in front of you? >> No, they were in They had the single lane and I guess there was something in the road in front of it and it stopped real quick so I had to stop quick and she had not stopped quick enough. It's scary. >> Your whole right headlight is cracked. So, I think that she just ran into her. >> I never crashed into anybody. >> Okay, ma'am. That's what we're here to figure out, all right? >> Who did I damage to? >> Somebody called saying that you >> very personal. You know, I don't know. You tell me. >> I don't know. I didn't say it. You said it was personal. So, I'm trying to I'm trying to understand where you're coming from. >> There's like a review going on with like a plenny. It has to be a her personal thing. >> Like Like personal? >> like right here. >> Like personal against you? >> I don't know. >> Like like You So, you're saying like we're coming for you? I don't see how that could be. >> to do with nobody. >> Right. But again >> in this neighborhood. >> Okay. I can tell. >> So, what did I do to somebody if I'm new? >> what We're investigating there's a hit and run. A hit and run means you >> Uh-huh. >> Okay. Can I Can I Can I explain to you, please? >> Sure. >> What's your name? Giovanna, right? >> Yeah. >> Can I explain it to you without you interrupting me? >> Sure. >> Okay. So, a hit and run is, in simple words, when you collide into something or another vehicle and you leave without providing information. >> Do you have a body? >> Yeah. That's why it was blinking. >> camera >> That's why it was blinking red. >> So, Mr. Osborne, you have a camera that So, you know who the run >> is. >> I do. >> running person. >> You are. >> So, you have your running You have any camera. >> Okay. >> So, you investigate your camera who the running person >> investigate my camera. I investigate what happened and who provided the info. >> laws in this U.S. >> You know your rules and your laws? I think this isn't a rule or a law thing. This is a traffic crash. So, right now we are investigating that due to the fact that someone isn't just going to call and say that their vehicle got struck and give your license plate and a description of your vehicle. You know, I don't think >> you need to do. >> I will. >> I will do whatever it takes to defend myself. And you have a camera there. >> For sure. That's why That's why I was blinking red. >> I'll do my thing. >> Yes, ma'am. >> So, what's next? >> What's next is just we're doing a traffic crash right now, as I've explained. And then the other officer will come and speak to you. Um get your side of the story while they speak to the other person and their side of the story. And then we go from there, okay? >> get my license back? >> Yeah, he's just putting it into the call and everything. >> This vehicle, she may have bumped her, but no damage here. But she didn't know that at the time, so she just followed her. But then I saw her following her when she saw her. She saw her hit the uh the trailer. Yeah. >> But he's asking if that's your name. Is that correct? >> Is this now who you're looking for? >> What is that you? >> It could be somebody else that you're looking for. Is that who you >> Well, I don't know. We're looking at your ID. >> Oh, I know I'm here, I know I'm here, so >> Okay, just stay right here. Stay right here. Stay right here. Come here. Come here. Stay over here, please. >> Don't touch me. >> Stay over here, please. >> Don't touch me. >> Stay over here, please. >> Do not >> Stay over here, please. Stay over here. Just stay right here. >> Why are you pushing me? >> telling you to stay here. >> Why are you pushing me? >> Because you're not listening. Okay. I'm telling you to stay here. >> You're [ __ ] man of your words. Go [ __ ] yourself. You belong over there. >> Aren't you a treat? >> I just wanted to close my door. >> Okay. So, you could have said that. But I told you to stay here. >> Man of a man of the law, this is how we look? >> There was a crash, so >> Hi, Daddy. They're accusing me of a call. >> Ma'am, can you hang up the phone, please? We're still investigating this, okay? >> Can you just step out, cuz I know you're sleeping. >> No, don't have Don't have anybody step out. I need you to hang up the phone. I need you to put the phone on the car. Refusal to do so will give you another charge, okay? Okay? We're going to put your phone over here. Ma'am, put your phone on the car. You can't be calling people while we're doing this. I gave you a lawful I gave you a lawful command. Do you understand? >> I need to call my daddy. >> I'm fini- You don't need to call your dad, okay? You're an adult and we're dealing with you. This is for a crash. >> lawyer. >> This is for a crash, okay? >> I didn't crash anybody. >> Ma'am, the front of your vehicle >> Okay, let me get my purse. Hold on. >> broken. Your Your front light is broken and somebody else saw you drive it. You were definitely in a crash. Somebody saw you crash into a trailer. >> What? >> So, here's your crash report. I need to grab your phone number and your email address. >> I didn't crash this. When did I even crash? No. >> What's a good phone number for you? >> Wow. >> Ma'am, what's your phone number? >> Hold on. Hold on. >> No, we're done going in and out of your car. >> I know, but >> me your phone number right now. I'm not playing around. Give me your phone number. >> Okay, I need to call my call my >> I didn't hit anybody. >> Just relax. You're going to sit here. Give this officer your phone number. Put your phone Calling people on your phone. >> I know, but my dad is this >> Okay, I don't care. Your dad is Give me your phone number. Do you Stop with the phone. >> I know, but my >> your phone number? >> I don't know. I need my dad has >> your phone number? >> No, my dad has no my no my number. >> Okay, so you can pull up your phone. >> Yes. >> You can pull up your phone number on your phone. Don't call your dad. >> I have to call him because he doesn't know my >> That You will look it up on the Don't Don't pull my thumb. Don't pull my thumb, okay? Stay right here. You can look it up in your phone >> Okay, but let me call him. >> You don't need to call anybody. >> He's like right here. This is my house. >> Okay, well, we're not calling him. >> And I parked here all night. >> Okay, so you don't know your phone number is what you're saying. >> Is that correct? >> We can I can also just get it later. It's not >> Okay, I'll get it later. No big deal. Okay, so do you understand everything this officer said about the crash? >> never was in a crash. You're accusing me of something that wasn't >> So, you were, okay. So, listen to me. >> And I live My dad lives right here. He's like sleeping right now. >> And like I need you to relax and I need you to just listen. >> No, I don't need to relax. You're accusing me of something that I never done. >> So, listen. >> And you follow me with like with three police cars that I never done? >> So, listen. Officer Florence, the one who you spoke to. Again, listen. He explained to you the crash scenario. So, now his crash investigation is over. >> Okay, and what does that give me? >> now we're going to start a different investigation, okay? >> Oh, so this is your whole plan all the entire time? >> So, I'm going to read you something, okay? Don't Don't reach out at all. >> is for me. I don't know. >> No, that's okay. If it's for you, I will tell you. This is for you. >> Under Miranda versus Arizona, warnings must be delivered before custodial interrogation begins. Custody was established well before any advisement here, creating a window of potentially suppressible statements. Still, a court could find that substantive questioning during that gap was limited enough to avoid full suppression. That counterargument weakens once counsel is invoked, and it was invoked clearly. Under Terry versus Ohio, a named witness providing a license plate and a first-hand collision account is sufficient for reasonable articulable suspicion to justify an investigative detention. That legal footing shifts the moment handcuffs go on without a formal arrest declaration. Under Dunaway versus New York, physical restraint of that degree can constitute a de facto arrest requiring probable cause. Probable cause for a hit-and-run requires more than a matching vehicle and a witness account. Whether the totality of evidence clears that bar here is a question the court will resolve, not the arresting officer. >> Stay. Over here. Stay over here. >> Yeah, yeah, yeah. >> Stay over here. Just stay here. >> Okay, I'll stay here. >> Okay. So, right here. Just stay right there. >> I'll stay here. >> Just stay right there. Just stay right there because you're not listening. So, I'm going to be starting a different an You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to talk to a lawyer and have him or her present while you're being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish. You can decide at any time to exercise these rights and not answer any questions or make any statements. Do you understand these rights I've explained to you? >> No, I have a lawyer and I need to talk to you. >> Okay, so do you Do you understand these rights I've explained to you? >> I have a lawyer. >> Okay, so that's not the question. The question is if you understand your rights that I've explained to you. >> will talk to you. >> I'm going to assume that you do understand and you know you want to talk to a lawyer. So, do you don't want to talk to us right now? >> My lawyer will talk to you. >> So, you don't want to answer any questions? >> this car? >> No, you can't have it. >> even know this law by by heart? >> So, so listen. So, listen. >> No, can I have your car back? >> No, you can't. Okay? >> Okay. No, then >> So, you don't want to answer any of my questions or talk to me? Is that correct? >> No, you're not free to go. So, you don't want to answer any of my questions or talk to me? >> No, no. Maybe tomorrow when I speak to my lawyer, sure he'll speak to you. >> What do you have in your hand there? All right, turn around. Put your hands behind your You're being placed under arrest for hit and run DUI. These keys and this wallet is going to go with you to the jail, okay? Do you want anything else to go with you to the jail out of your car? >> What else do you need? >> I'm asking you if you want anything else out of your car. >> need for me to go to the jail that makes you money? >> Nothing's going to make me money. >> Do you want your purse out of your car to go with you to the jail? >> My purse is with you that has my driver's license and my ID. >> So, what do you >> do you want? Well, how much more money do you need? >> I'm understanding that you don't want anything else out of your car. >> What the do you need for me? >> So, judging by your form-fitting dress, it doesn't look like you have anything on you, so please, have a seat. >> I won't thank you, sir. >> You're welcome. >> So, where am I I don't know how to have a seat. You have to carry me there, I guess. >> So, you you lift your left leg and put it over there on the floorboard. Go ahead and release >> to carry me, sir. Do you need me to help you? >> No, sit right there. >> There you go. >> Yeah, please like roll on there. Give me my [ __ ] phone right now. I'm going to call my lawyer right now and my dad. And my dad should know what the [ __ ] is going on right now. And you're not bringing me here for another one [ __ ] thing that you need to >> So, listen. >> clocking four. >> So, listen. You see this line right here and these >> I'm going to call my dad first. >> So, what that is for you is field sobriety exercise. I'm giving you the opportunity to perform these field sobriety exercises to dispel my belief that you were driving that motor vehicle of yours with two under the influence of alcohol or drugs to the point that your faculties were impaired. >> If you are accusing me of one of those, or you can let me do it. >> You want to do it? >> So, I broke a light, I broke a law, now you're accusing me of something else that I don't even know what the >> So, so you want to do the field sobriety exercises. Is that correct? Did I understand that correctly? I want to make sure I understood correctly. >> Are you understand that correctly? >> Okay. Do you want to perform the field sobriety exercises to dispel my belief >> Do I want to? >> I'm asking. >> Are you ordering it to do it? >> I'm not ordering it. It's a question. >> Oh, really? >> Yes. Do you want to participate in this field sobriety exercise? >> You're making me participate on this thing. >> So, do you want to Do you want to participate in this field sobriety exercises to dispel my belief >> Oh my god. That's what I know. >> that you are operating a motor vehicle >> I I throw safe >> under the influence of alcohol or drugs to the point where your faculties are impaired. >> Impaired of part of my apartment. >> So, listen. If you don't If you don't >> on my apartment. >> I'm obligated to tell you that if you don't perform the field sobriety exercises, then that may be used against you in the court of law. Please sit down, please. >> No. No, I'm I'm sitting. >> So again, do you want to participate in the field sobriety exercise? >> test all all that? >> Okay, so I'm going to take your refusal to answer as a no, and you're just, you know, talking over me and you're not letting me finish speaking, so >> So there's no chance to my lawyer or my dad. >> When um we're done, yes, you you will be afforded opportunity >> dad before before I drive that you have to tell me all the things that I have to do here. I would like to say goodbye at least to my dad. >> Okay, like I said, when we're done, you're going to be afforded to call whoever you wish. >> And why when we're done? Why not now? I want to >> Because that's not how it works, okay? >> And well, my dad is a cop, so he could tell me his laws and tell me what I should do now. >> If your dad were here, he would understand, but your dad's not here. It's just you and I. >> Exactly. So I want to call him now and tell him what I should be doing now because apparently you're doing something the officer that something that I have been not done. That means I'm here in court, which is something incorrect. So I want to hear him again what his laws is. >> So these are These are citations, and they're criminal citations, so you have to appear in court. These two are for the Nissan Frontier that you hit and the black trailer that you hit. A Nissan Frontier. >> Can I have all the plates from those accidents? >> It's going to be on here. Yeah, yeah. And it's going to be in the report and everything. Okay, so those These are these two. One is uh for This one's for a DUI, and then this one is for refusing the to submit to the breath test, okay? So So listen >> all the plates, aren't you? >> So listen, I need you to sign, and what you're signing is this, okay? Listen Listen to me. Listen to me. I need you to listen to me, okay? Sign Signing is not an admission of guilt. It's not saying yes, I did it. It's Just I need you to listen, please. Stop talking and listen, please. >> listen. This >> is a citation. >> Listen, okay? This is not an admission of guilt. This is simply you saying, "Yes, I understand that the officer told me that on February 20th, 2026 at 9:00 a.m. I have to go to the Monroe County Clerk of Courts office to see Judge Wilson to answer for these charges." Then Judge Wilson is going to decide whether you are guilty or innocent. >> Let me speak to my lawyer. >> Okay, so you cannot speak to your lawyer right now. I know they Whatever they gave you No, right now is when you either sign it or don't sign it. And you not signing it is another charge. It's a misdemeanor charge, okay, which is an un- unnecessary charge to have cuz all you have to do is sign them saying that you know you have to go to court. That's all this is. Do you want to sign these or not? That's going to be added charges. You understand this, correct? >> No, I don't. >> You don't understand? What part don't you understand? >> All of them. >> Okay, I explained it to you several times. I I think you're just being just difficult now. >> why I need to speak to my lawyer or my dad. >> It's very simple. All you're signing is that you have to go to court on February 20th. >> understand that, but I'm not understanding >> So that's all you're signing. Okay, so if you don't sign, you're going to get added charges. Just talking in circles again. Okay. >> in a run. >> I'm going to ask one more time, and unless I get a yes, I'm going to assume that you don't want to sign them, and I'm going to add more charges. >> You Sure, go ahead, but I need to know >> Okay, so you're going to sign them? >> I don't know yet. >> Okay, we're not going to do this. We're not going to Give me those papers. Give me those papers. Give them to me. Are you going to sign them, yes or no? >> Yes or no? >> Maybe. I don't know. >> No, not maybe. Yes or no? >> Stand by. >> Five, four, I'm counting down to one. Once I get to one, I'm going to assume that you're not going to sign them cuz we've been standing here for 5 minutes. >> sir. >> I've already answered all your questions and I explained to you several times thoroughly, okay? All you're signing is that you're going to appear in court and respond for these charges. If you don't, it's going to be a crime. >> me Do you want to sign or not? Oh my gosh. Okay. You have not indicated that you want to sign these. I'm taking that as you are refusing to sign, and I'm going to add those charges. We are We're not going to litigate that. No. We already talked about where it happened, where you were picked up at. You were there where you got picked up. You were not inside your house. You were outside in your car. Okay. Never mind. So, she's clearly not wanting to sign these. Okay. So, extra charges are going to be added. I'm about to walk out. Once I walk out, that's it. Okay. That's That's done. We're done. End of interaction. >> Under Edwards versus Arizona, once a suspect in custody invokes the right to counsel, all interrogation must cease immediately. Not eventually, immediately. Field sobriety exercises offered after that invocation, citations pushed for signature under threat of charges, each of those exchanges is now contested ground for a suppression motion. While field sobriety exercises are legally voluntary, and a refusal can be admitted as evidence, that framework does not override the Sixth Amendment once counsel has been clearly and repeatedly invoked. On the DUI charge, Kansas statute 8-1567 requires the state to establish that the subject was operating a vehicle while impaired to the point of being unsafe to drive. The on-camera record contains no articulated observations of impairment prior to the DUI investigation opening. Without that foundation documented, the probable cause basis for this charge is legally thin. On the refusal citation, Kansas statute 8-1001 establishes implied consent to chemical testing upon a lawful DUI arrest. If the underlying arrest is invalid, the refusal charge does not stand independently. One exchange falls outside the constitutional analysis, but carries civil exposure. A gender-specific comment about the subject's clothing was legally unnecessary and tactically indefensible. Officer Osborne's investigative foundation was legitimate. The legal failure was procedural, a pre-Miranda custody gap and continued interrogation after an unambiguous invocation of counsel. Invoking counsel was the right move. Refusing to sign the citation was not. A signature is a court appearance promise, not a guilty plea, and refusing added a misdemeanor with no legal benefit. First lesson, invoking counsel shuts down interrogation by law. Say it once, clearly, and then stop talking. Every statement made after that point is legally compromised. Second lesson, sign the citation. Refusing converts it into a booking and adds a charge. A judge decides guilt, not a signature on a piece of paper. Third lesson, when officers continue questioning after invocation, document it, stay silent, and let the suppression hearing do the work. Arguing in the street is the worst option available. Let us know if there is an interaction or legal topic you would like covered in the comments. Thank you for watching.