On March 1st, 2023, a Florida traffic stop became a legal case study in the collision between mental health claims and law enforcement authority. Miss Gilbert, have you had anything to drink tonight? I can't answer this. I'm having a PTSD attack. From what? From what? Yeah. Being traumatized as a child. I'm sorry to hear that. Why would this trigger that? I'm asking for help. This is not triggering me at all. I'm trying to get to my boyfriend's house. Please. Please. So, you haven't had anything to drink? All right, if you would go and step out of the vehicle and make sure you're not under the influence and we'll have you on your way, all right? I'm not allowed to. You're not allowed to? What do you mean? Why aren't you allowed to? I'm not allowed to at this point. My dad's a lawyer. Your dad's a lawyer? And I'm not allowed to. Okay, well, even as a lawyer, he would tell you if you're ordered out of a vehicle that you should come that you have to comply. Cuz he's told me otherwise. No, he wouldn't tell you that that you don't have to come out if you're told to. I mean, he's a piece of [ __ ] so. That's what it sounds like he would say, yeah. He's He's giving you bad information. So, if you would go and step out, you're not under the influence, you'll be on your way. Okay. All right, so come on out. I'm not allowed to, so. No, go ahead and step out. I'm not allowed to. Explain to me why you're not allowed to. He'll kill me. He's not going to kill you. He would tell you if he was giving you sound legal advice, he'd tell you when you're ordered out of a vehicle to step out. Come on out. >> I'm not allowed to. Last chance. I'm not allowed to. All right, come on out. Come on out. Come on over here. Are you able to walk a straight line? Yes. Can you balance on one foot? Yes. All right. You want to bring your feet together for me? You're going to follow the red light with your eyes only and you're going to keep your head still. Do you understand? Yes. Keep your head still. What's going on? Do we have to call fire rescue? I passed all of the tests. You passed what? I tried. I passed all of the tests together. For what? I passed You don't have to trick Hi, Miss Gilbert. Let me explain something, all right? This This episode that you're having, while I understand that it might be genuine, we still have an investigation to do. The more you're exacerbating, yeah, I can smell the odor of an unknown alcoholic beverage coming off of your breath. So, we got we got something to do here. And if you got to go to the hospital, we can continue the investigation there. Miss Gilbert, do you wish to do the exercises with me? All right, if you would come to your feet, please. I still have to do the penlight test, all right? All right, the instructions are the same as before. Follow the red light with your eyes only and keep your head still. Now, place your right foot in front, heel touching toe. When I tell you to begin, I want you to take nine heel-to-toe steps. Take the series of small steps to turn around and then take nine heel-to-toe steps back. Once you start, you don't stop. You keep your arms at your sides and you count your steps out loud. >> We respect your time, so we remove the small talk. Subscribe to Crime Scrutiny for fast, no-nonsense body cam. Do you remember what you were instructed to do? Nine steps. Nine heel-to-toe steps and then what? Then the turn around that I showed you and nine heel-to-toe steps back. All right, for this next exercise, it's going to be the one-leg stand, all right? You can go ahead and step off the line or you can just stand You can just stand right there, too. That's fine, too. You guys are over to do whatever you have to do. We're still giving you a chance. What are you talking about? Shake your head. I need I'm not shaking my head. Whenever you're ready, go ahead and bring your feet together just like mine are. I'm sorry to waste your time. I wasted my time. I'm I'm on the clock. >> You caught me in the middle of a The middle of what? You look back in your video footage. I told you that. No, you didn't tell me anything. I don't know what you're talking about. Do you wish to continue the exercises, ma'am? I don't understand what you're asking for help with. I need help with this. To deal with what? PTSD. We deal with PTSD here. You didn't tell us that. Well, I would tell you I would suggest that you seek counseling for that, but during a DUI investigation isn't the time to to deal with that. It was not during it. No, I'm saying You walked up to me and I told you all Okay. And that's >> versus Mims, decided in 1977, officers may order drivers to exit vehicles during any lawful traffic stop without additional justification. The Supreme Court held that officer safety concerns outweigh the minimal intrusion of stepping out. This is not a request, it is a lawful command. When Anna Gilbert refused to exit, saying her father being a lawyer, she committed resisting an officer without violence under Florida statute 843.02. The officer's use of force to control the escort from the vehicle was analyzed under Graham versus Connor. Force must be judged from the officer's perspective at that moment. The officer detected alcohol odor, establishing reasonable suspicion for DUI investigation. Gilbert's refusal to complete field sobriety tests was her legal right. However, refusal provides evidence of consciousness of guilt and supports probable cause for arrest. The DUI charge was later dropped due to insufficient evidence. But, the resisting charge stuck. The court validated the officer's legal authority. Adjudication was withheld with 12 months probation and $1,246 in costs. The officer receives grade B+ for legal accuracy and exceptional patience with room for improved crisis intervention. Anna Gilbert receives grade D for poor legal knowledge and strategic obstruction. The department receives grade B for adequate training, but unclear mental health Okay, and that's not what I said to you. I said I suggest you seek counseling for that, but during a DUI investigation is not the time to deal with that. Listen, this is a DUI investigation. Okay, I'm going to ask you one last time, Miss Gilbert. Do you wish to participate in standardized field sobriety exercises? All right, so when you're ready, go ahead and stand up. Stand up. Please come to your feet. Bring your feet together, hands at your sides. This is going to be the one-leg stand. When I tell you to begin and not before then, you're going to raise one foot approximately 6 in off the ground. While you're doing that, you're going to keep both knees straight. You're going to look down at your raised foot and you're going to count out loud. 1,001, 1,002, and so on until I tell you to stop. Okay, just watch me. Just do exactly what I'm showing you. Both knees are straight. My toes are pointed out. My hands are at my sides and I'm looking down at my foot. This is all you have to do for 30 seconds. Do you see what I'm doing, Miss Gilbert? I'm not doing this. You're not doing it? All right. You're being placed under arrest for driving under the influence. First, you must exit your vehicle when ordered during a traffic stop. Refusal is a separate crime. Second, mental health concerns should be disclosed, but do not eliminate legal obligations. Request crisis resources, but investigations continue. Third, refusing field sobriety tests is your right, but carries consequences. Additional charges, license suspension, and probable cause for arrest. Understanding Pennsylvania versus Mims, Graham versus Connor, and your state's implied consent law protects your rights while ensuring legal compliance. influence. And as well as obstructing an officer. Yep, we got four cameras out here. Well, you didn't remember anything, so. You didn't cooperate, so that's where we're at with that. All right, go ahead and take a seat. According to court records, Anna was arrested on charges including driving under the influence and resisting an officer without violence. The case was later resolved through a guilty plea with the DUI charge dropped. The court withheld adjudication on reckless driving and resisting an officer without violence and sentenced her to 12 months of probation along with $746.50 in court costs, a $250 fine, and a $250 donation. Thank you for watching. Understanding the law protects you, protects officers, and ensures justice. Stay informed, stay safe, stay engaged.