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God, these people are I >> She tried to take off when we came up here or when I came up here. I'm not involved. I was just walking by. I'm like, "You're covered in yellow spray paint." And she throws all this in front of the car. You really need to try harder to try to be sneaky because you are god awful. Carmona? Well, to be honest, he stole $700 from me and that's the only reason I thought that How do you spell police report? How do you spell that street? >> you spell police report? Um No. So you honestly decided you're just going to spray paint the car and uh maybe $700 of property damage? Cool. You're 18? Yes. How old are you? 18. How do you spell that street? Um Um Carmona Street. Straight people. Take a breath. You're fine. Just I guess I was calm cuz I was trying to get that because he owes me so much Yeah. You guys spray painted the wrong damn car. Yeah, for sure. >> [laughter] >> You serious? She's home. Mhm. Just sitting here with the car running. On February 26th, 2025, police responded to a vandalism call in Central Florida. The encounter produced three separate criminal charges arising from six distinct legal issues, each triggered by a decision the subjects made before officers arrived. The first, plain view probable cause. Under the plain view doctrine established in Horton versus California, evidence visible from a lawful vantage point requires no warrant for observation or evidentiary use. Two individuals covered in yellow spray paint standing next to a vehicle covered in the same color at the scene of reported vandalism established probable cause for criminal mischief without a single additional fact. No confession was needed. No search was required. The evidence presented itself. The second, the felony threshold. Florida statute section 806.13 classifies criminal mischief as a third-degree felony when property damage exceeds $1,000. The vehicle owner confirmed $5,000 in damage, five times the felony threshold. Maximum sentence, five years in state prison. The wrong car element changes nothing about this analysis. The statute requires intentional damage to another's property, not that the property belonged to the intended target. The crime is complete. The victim is wrong. The charge stands. It's a decent room. Great. I thought she had a gun or something, dude, but the way she was acting, she was like all the way at the fence like walking away. And I was like, "Get over here." I'm not involved. I'm not involved. You can ask him. I'm not involved. I'm not involved. And keeps walking by and I'm like, "What the fuck?" like, "Yeah, she's not involved. It was me." So I'm like, "What the [ __ ] is going on?" And then she turns and I see all this spray paint all over her. I'm like, "Get your ass back over here." So she runs in front of the car and I hear ting ting kling ting tong ching throwing all of her dope down. I know a lot of stuff is about to happen tonight. I'm not going to lie. I don't think you want to explain it, but it just sucks cuz I just started getting my life together, too. Today, the only reason why I did this stuff is cuz he owes me so much money cuz he has a kid and I've been trying to take care of his kid. And then he left me for one of my best friends and that's kind of All right, Evelyn. I'm going to have you stand up for me. All right. We're going to go ahead and step over here. We're just going to talk a little bit. All right. Just stand here. You have the right to remain silent. Anything you say can Everything you say can be used against you in in court. You have the right to talk to a lawyer for advice before we ask you any questions and to have a lawyer present during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions without a lawyer present, you will still have the right to stop answering at any time. You will also have the right to stop answering at any time until you talk to a lawyer. Um how much does a lawyer even cost? That is something that I cannot tell you because I am not sure about that, but do you understand each of these rights I've explained to you? Yeah, I I do. Okay. And with these rights in mind, do you wish to talk to us now? Um There's no There's not an answer on here. It's just you have to answer the question. >> No, I know. I just wanted to read them again cuz With the rights that you were read, do you want to talk to us about what's going on? >> Yeah, the right to Um I mean, I would like to explain the situation more of why We have some questions we'd like to ask you. Yeah, I would All right. Okay. What are you doing out here tonight? So today I was about to go to my friend's house. We went to um Orlando and um we have to have IDs. I'm the only one that that's 18. She's 16, so we weren't allowed in the park. And then so we we came back over here. We um was hanging out with my homeboy and he's the one that got us the for locals and you know, the weed and stuff like that. I'm pretty sure you guys already found most of it, but um After that, we came over here. We were cuz her house is kind of by the area, but is um like my man's new girlfriend has been on some [ __ ] like pull up like Honestly trying to get my adrenaline running to the point where I like I'm not saying I'm mentally stable, but like if something reaches a certain point to like I don't know. I just feel like I literally have to do what I have to do. >> Would you be willing to complete some field sobriety tests for us? Ex- Excuse me, field sobriety exercises for us? The handcuffs are going to come off when we do this. You try and run and do anything stupid, we're going to have a problem. Oh my goodness. All right. You're going to end up on the ground. Okay? Make sense? >> trying to make anything more difficult. I promise. Okay. [snorts] This was just a [ __ ] up night, to be honest. I got you. Okay. Sorry. Sorry. >> Okay. Okay. Okay. While you're walking, keep your arms at your sides, watch your feet at all times, and count your steps out loud. Okay. When she says start walking, Yeah. don't stop until you have completed the task. Do you understand? Yes. Okay. Let me know. Go ahead. 1 2 3 4 5 6 7 8 And then just open it to the left. Just whatever foot that's that you're leading with. On the line. And then I just turn around? You use your foot to pivot. Continue as you're instructed. Yeah. Continue the exercise until you're done. 2 3 4 5 6 7 8 9 Okay. Okay. Okay. Where's your feet? All right. So, we're going to do another test. It's going to be the one leg stand. Um you can Yeah, we got pictures. You can take them off, take them off, whatever is preferred. Okay. Okay. So, what you're going to do is you're going to stand with your feet together and your arms down at your sides. So, you are. When I tell you to start, raise either leg with the foot approximately 6 in off the ground, keeping your foot parallel to the ground. How long? 36 in above the ground. Okay. Okay. Something like that. You can make sure your hands stay at your sides. Keep both legs straight and your arms Oh, sorry. While holding that position, count out loud in the following manner. 1,001, 1,002, 1,003, and so on until the pulse is stopped. So, 1,000 to like 99 99 1,001, 1,002, 1,003 Okay. Okay. Okay. 1,004, >> Okay. Okay. Okay. Sorry. Thank you. You're okay. That's that's why we ask if you have any questions. Yeah. All right. You ready? Mhm. Okay. Go ahead and begin. 1,001 1,002 1,003 1,004 1,005 1,006 1,007 Keep going. Keep going. Say 9. Keep going. Keep going. Pick up where you left off. 2,010 2,011 2,012 2,013 or 1,013 1,014 1,015 1,016 The third, the Miranda advisement and the attorney cost question. The Miranda advisement was administered completely and verbatim before any formal post-arrest questioning began. At SRT entry 134, the subject asked, "How much does a lawyer even cost?" Under Davis versus United States, decided by the Supreme Court in 1994, an invocation of the right to counsel must be unambiguous and unequivocal. A question about attorney fees is a request for information, not an assertion of the right to counsel. The officer correctly confirmed comprehension of rights without advising on fees and asked whether she wished to speak. She confirmed she did. That confirmation is a valid Miranda waiver. Under Berghuis versus Tompkins, a suspect who receives Miranda warnings and continues to speak has implicitly waived the right to remain silent. The subject's post-Miranda narrative was extensive and voluntary, confirming the alcohol, the marijuana, her awareness that drugs had been found, her presence at the car, and her use of spray paint. Every statement she made after that waiver is fully admissible. No suppression argument survives a knowing, voluntary, post-advisement conversation of this scope. The fourth, constructive possession. The subject carried both backpacks at the time of initial contact and threw the pipes and paraphernalia in front of the car to prevent discovery when ordered to approach officers. Under Florida constructive possession law, two elements are required: knowledge of the controlled substance and the ability to exercise dominion and control over it. Carrying a bag containing drugs satisfies dominion and control. The act of throwing the paraphernalia to discard it demonstrates knowledge. Both elements are documented on camera. The claim that it's not my weed does not defeat the possession charge. It is a factual dispute for the jury. The fifth, contributing to the delinquency of a minor. Florida statute provides that any adult who causes, encourages, or contributes to a child becoming delinquent commits a first-degree misdemeanor. The one 8-year-old subject brought a one 6-year-old to commit vandalism in a vehicle containing alcohol and narcotics. Every element of this statute is satisfied on the body cam record. An adult, a minor, a delinquent act, and controlled substances present. This charge is independent of the criminal mischief. It carries its own penalties and its own criminal record consequence. The sixth, the FSE administration. The subject disclosed use of an unknown controlled substance earlier that day in Orlando. The walk-and-turn and one leg stand exercises were conducted in response to that disclosure and the officer's direct observations. The FSE results combined with the drug disclosure and the empty ecstasy wrapper found on scene create a parallel evidentiary record for any drug-impaired operation charge if the vehicle was operated. FSEs in this context are not limited to alcohol impairment. They document the totality of observable impairment from any controlled substance. The pre-Miranda voluntary statements, Evelyn's emotional explanation motive before the advisement was read, are also admissible. Under Rhode Island versus Innis, interrogation means questioning the officer knows or should know is reasonably likely to elicit an incriminating response. The officer had not begun questioning when Evelyn disclosed her motivation. She volunteered it. Spontaneous pre-custody statements require no Miranda advisement and are fully admissible as evidence of motive and premeditation. Stop. Yeah. Go ahead and push it all the way back. Uh she dated this kid that lives at this house. He owes her $700 or something. So, she was like, "So, I'm going to get you back." Are you ready for the best part? It's not It's not his car. It's nobody that lives at that house. It's his car. I don't think this shit's going to come off. Yeah, I was I was thinking Oh, they might get lucky and be able to spray paint some of this [ __ ] It's just wet. >> It's cuz it's so wet. Yeah, it's not going to adhere to it. How How did you end up here? It's Let's start very simple and easy. Cuz we we were going to spend the night at my house. And then the boy the boy's car who we think that that we thought it was Um he started messaging her just just being rude, like calling her worthless and stuff, and she got a little mad. Okay. And she got mad. And like I was trying to calm her down, but like I don't I don't know. You can't calm down somebody like that. So, then we we went here. Well, I'm guessing you went to a store first cuz you guys bought eggs. No, I bought the we bought the eggs with us. From where? From your house? Where did you guys get the spray paint? It was just in the back of the car. Okay. So, you guys get here and then what happens? And then I was I was trying to stay down the street cuz I didn't really want to get involved, but I did go up to the car. Like I watched like I watched it happen. And then I wanted to use the spray paint, so I used it on the street over there. How many eggs did you throw at the car? Um I think I threw like one. Or two. All right. And just so that you know, there's cameras on that house right there. And we're going to go back and we're going to review the cameras, so if you spray painted just one little part of the car, it's not the end of the world. Obviously, she's saying that she did most of it, but I don't want you to lie and then it make it all look worse. So, I mean, if you spray painted the tire or something, we just need to know so that we can kind of know everything that's going on. Yeah, like I think I did I did spray it a little bit. Okay. Yeah, yeah, I don't know. I did What's to do with all the weed you have? This is not my weed. It's in your backpack. I know the blue backpack is mine. You had both backpacks on. Just cuz I didn't want to get involved with this. I was just going to leave. So, you took her weed? I just took her bag. I didn't even know I didn't even know what was in it. Well, you obviously knew the pipes and everything else cuz you threw that in front of the car when I told you to come here. Because I saw a warning. I just I was just trying to help her out so she didn't go to jail. Hey, what's the deal with all this weed? Um but um I'm not going to lie. That was my friend's stuff. Well, that's fine cuz that's what she said. She said she was carrying it for you and you were carrying it for her then. No. Well, that's crazy. It's everybody's weed. She said that. Carrying around empty 1x1s? What were you using to party in Orlando earlier today? Ecstasy. What? What were you partying with in Orlando earlier today? What was in this? Like I I can't even tell you. I don't even know. What'd you take? Was it a pill? Don't know. You don't remember? Nope. Yes, girl. Thanks. It's empty. It's probably ecstasy. There's not even any residue in it at all. Can you guys like explain to me everything on the way and like what's going Yeah. What part What part of that are you not understanding? So, you showed up somewhere that you shouldn't have been. You brought a juvenile with you. Will you understand that? >> You contributed to the delinquency of a minor by having alcohol and narcotics. How old are you? You're 18, right? But it was her first time doing all of this because of the So, here's the deal, okay? Everybody makes mistakes. All right? Going from point A to point B after you make the mistakes is really what [ __ ] matters. But [ __ ] around with people and doing a bunch of drugs probably isn't the thing for an 18-year-old girl to be doing, okay? Go ahead and sit in here for me. Okay. Watch your head. Just hang out in here for a minute. Okay. Okay. I'll be right back with you, okay? Go ahead and start your reading. Yep. Sorry. Go ahead. The juvenile is going to be getting 10-15 for the felony criminal mischief and possession of marijuana. She has not drank and she also said that she has not smoked in 24 hours. She doesn't smell like alcohol, either. All right. You're the owner of the car, right? Yes, I am. Okay. For one, my condolences. Thank you. I appreciate it. Um unbelievable. Um you are going to be allowed to go through this car, okay? You can You can get whatever you need out of it. Take pictures for your insurance, whatever you need to do. Okay, we're pretty much done with whatever we got. You said it's about $5,000 in damages, right? >> Yeah. And just confirming that you want to press charges? Yes, I do. Were you already sworn to your statement? Yes. Okay. That video shows them standing there, but it didn't even record it. But you can see the flashlight of her phone or her leaning over. You can see it right there. You can see it. Yeah. >> See the car behind it? Yep. All right, and then you'll see her pop up. Pop up on us as I was coming closer. >> Yeah. You see You see the flashlight right there. [ __ ] off. Great. The officer and his partner receive an A minus. Plain view probable cause was immediately articulated. The Miranda advisement was textbook. The Davis question was handled with legal precision. Contributing to delinquency was correctly identified and charged. The camera review with the victim demonstrated proactive evidentiary follow-through. The deduction, the "You are god awful" comment on body cam, falls below professional communication standards and provides a potential credibility attack at any hearing. Evelyn receives a D. She planned the vandalism, recruited the juvenile, supplied the alcohol and narcotics, executed the plan on the wrong vehicle, covered herself in physical evidence, denied involvement while coated in that evidence, and then waived Miranda to provide a comprehensive confession. Every layer of her legal exposure was self-generated. The single available credit, she ultimately cooperated and demonstrated genuine remorse. The juvenile receives a D plus. She was the primary actor in the vandalism and faces felony criminal mischief and drug charges through the juvenile justice system. The D plus reflects the severity of the conduct, mitigated by age and the juvenile system's rehabilitation-oriented framework. The vehicle owner receives an A. Completely uninvolved, $5,000 in damage through no fault of her own, and handled the encounter with composure and full cooperation. She is the only party in this footage who did nothing wrong. Key lesson, physical evidence does not require cooperation. The spray paint on the subjects' bodies established probable cause before anyone spoke. The Miranda waiver converted probable cause into a documented confession. The constructive possession analysis converted "It's not mine" into an admissible possession charge. At every stage of this encounter, the law worked exactly as designed, not because the officers were particularly aggressive, but because the subjects left a trail of evidence that required no interpretation. Revenge may feel like justice in the planning stage, but when the evidence is on your body, the car is the wrong one, and you waive Miranda to explain yourself, justice has already decided which side of the case it's on. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching and don't forget to check out our second channel, Street Body Cam, for more police interaction and courtroom content.
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