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- en
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- scrappa
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- 2026-10-22 23:58
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So like I told you you were doing, 117. Yeah, I'm literally never going that fast. I have zero speeding tickets. At 117 miles an hour. I literally never go fast. On the 12th of July, 2025, a vehicle was clocked at 117 miles per hour on Route 19, Florida, triggering a custodial arrest. Under Florida's amended dangerous speed statute, driving above 100 miles per hour or 50 miles above the posted limit is no longer a civil infraction. It is a criminal misdemeanor. Both thresholds were satisfied simultaneously. The traffic stop itself was constitutionally sound. Under Delaware versus Prowse, a direct radar reading constitutes probable cause for both a stop and a custodial arrest. Your license. Uh do you want to stay here for a minute? Let me get your license first, okay? How much you weigh by the way? How much you weigh? By the way, the reason I'm stopping You know how fast you were going there on 19? It's 55. What's that? It's 55. You know how fast you were? You want me to tell you how fast you were going? You were 117. 117. Why are you going so fast? You can pull over up ahead. Pull up into the Congaree River parking lot there. >> Hey everyone, can you get one more? Can I get one more? I'll be in the Congo River parking lot. Caroline, is it Caroline? How can I help you? You got shoes? What is happening? It's over. Can you take this off? How old are you? You got Oh. You want to get all that stuff, okay? I'll walk over there, okay? All right. The reason why you're getting your haircut right now is that I got told you were doing 117. Yeah, I literally never go that fast. I don't have zero speeding tickets. At 117 miles an hour. Do you know that you just passed me on the >> Right. Do you know that you just passed me on the wall, right? Uh no, I'm not aware. Okay. So, anything over 100 miles an hour or 50 miles above the speed limit is a misdemeanor. Okay? You're under arrest. So, what what does that mean? You're being arrested for your speeding. Okay? Okay. All right. Just we're trying to go, okay? 117. You You passed my car. You're in that You're in the uh car left lane. You were speeding in that car at 117 miles an hour. All right. Just cuz you were having fun. All right. I understand. It's okay. Wait, why's he getting arrested? Oh. We'll get everything straightened out back there. Oh. Did they leave the car on? What What should I do? The keys are in there. Um um I don't know. Is it Whose car is it? >> it's his. Is it your car, right? >> Yeah, it's my car. Okay. Should I be in there? All right. Is there anything on you? Cuz I'm going to have a female officer come search you. Okay. There's nothing on you? I don't know. I prefer not All right. So, who is that to you? That's my husband. That's your husband. All right. Did he tell you to slow down or Um yeah. It's not It's fast. Okay. But that's not a place to do it, all right? If you wanted to go that fast, there's a There's a racetrack for that kind of stuff. Okay? Yeah, we we know. Um All right. Cuz what you're doing is it's racing, too, okay? It's considered racing. You're an exhibition of a speed. All right? All right. Well, I really wasn't aware. I I literally never go fast. >> All right. Well, just hang tight. I Um we're going to have >> Um why's he getting arrested? Because everybody in the car for racing everybody goes to jail, okay? I'm going to go talk to her in a second. Um but that's how it is. It doesn't matter if people can walk you can they can sit on the side of the street watching racing. They can go to jail, okay? Wait, but does that are we like actually going to jail or is it like bond out type of situation? >> going to jail. Okay? Just hang out. I'll come back and talk to you in a second. What's your name, boss? Kaiser. Did you know did you know she was going that fast? Uh I didn't I wasn't looking at the speedometer. I can't see over it, but Right. it felt fast. >> It felt fast, right? Yeah. All right. Did you tell her to slow down at all or did you want her to slow down? I mean I I I I I get I I understand >> I'm I'm I'm comfortable, you know, I'm not trying to No, you're just you're just being detained right now, man. Um I'm just You have to understand that she was going 117, okay? Um they just passed a new law. Anything over 100 mph or anything 50 miles above the posted speed limit is a misdemeanor now, okay? >> Yeah. Yeah, that's the new law, okay? Um She's your wife, you said? >> Yeah. All right. Is that your car, too? Yeah. Do you have a valid license? >> Yeah. Where you Where were you guys headed to? Uh I was headed to pick up a um car part. It was like a um I don't know what you call it. was like a sticker for the badges. It was just like some you know >> Is that where you're coming from? Uh no, I was coming from a You guys are coming home you guys were going to pick up some stickers or something? >> Yeah, some stickers for the car. All right. Just hang out. We're going Take care, man. Um I'm just going to read you your rights real quick. You have the right to remain silent. you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have them present with you while you're being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning relation to signing anytime exercise these rights. Answer any questions or make any statements. Do any of these things to these rights that were explained? Is that probably a yes or no? Yes. Okay. So, um like I explained to him, um cuz you guys got dogs at home, at least got a license. He's a registered owner of a motor vehicle. Let him take the car home with him. Um so you guys can so you can take care of your dog, okay? And you seem like a good person. I think you just made a bad choice today. Okay. Like I said, they just passed this new law. We're not playing around with the speeds anymore, okay? Like I said, anything over 100 miles an hour and 50 miles above the posted speed limit, okay? Um you're looking at jail time, okay? So, um I got to do some paperwork. We got to get a citation for you. Um I'm not going to do the racing statute. I'm just going to do the dangerous driving statute, okay? With the one over 100 miles an hour and 50 miles above the posted speed limit. If I started to do the racing charge, um I could take both of you to jail, okay? No matter what I do or not, all right? And hopefully this will be your last one, all right? All right? The transition from traffic stop to custodial arrest is the critical constitutional threshold in this encounter. Under Berkemer versus McCarty, once a subject is in custody, meaning a reasonable person would not feel free to leave, fifth amendment protections attach and Miranda warnings become mandatory before any interrogation begins. However, the officer questioned both the driver and the passenger before delivering those warnings asking about speed awareness, destination, and vehicle ownership. Statements made during that window exist in a legally ambiguous zone that defense counsel would scrutinize. Miranda warnings were ultimately administered correctly and completely, covering all required elements under Miranda versus Arizona. Right to silence, use of statements, right to counsel, appointed counsel, and the right to stop answering at any time. Verbal confirmation was obtained. Florida statute 316.191, the racing statute, authorizes arrest of both driver and passenger in a racing vehicle. The officer explicitly declined to invoke the statute charging only the dangerous speed provision against the driver alone. This is a lawful exercise of prosecutorial discretion, and it is the most consequential legal decision in this encounter. Under Graham versus Connor, the only force applied handcuffing was proportional, appropriate, and consistent with a lawful custodial arrest. No Fourth Amendment issue arises from the restraint itself. The physical conduct of the arrest is not in question. Regarding the passenger detention, under Maryland versus Wilson, law enforcement may lawfully detain passengers during a valid traffic stop. The passenger's voluntary statements acknowledging the vehicle fell fast carry potential evidentiary weight under the racing statute, a statute the officer chose not to apply, but one that remained legally available throughout the encounter. Step out for me. Shadow's handcuffs. Face that way. Okay, what's that you shouted at him? What did you put in your pocket? Hands on top of your head for me, okay? Put it on top of your head. There you go. All right, you can relax. Come on over here. I can't breathe. All right, just right here. Hang tap right here for a second? I don't know what you mean by that. I don't understand. Okay. Cuz if if the officer wanted to or if I wanted to, I could charge you with racing. Okay? Being a passenger in a car that's racing. Exhibition of speed of of the vehicle, which means you go to jail, too. Okay? That's That's kind of behavior is not acceptable at all. You want to race, go to the tracks. Okay? You want to have fun doing 117 mph or 19, go to the tracks. Okay? You hit somebody out here doing that, kill somebody, hurt somebody severely, a good part of your life is going to be gone. You understand? Okay. Um your wife wants to speak with you. I'm going to ask this officer if it's okay. And if that's okay, then you know, we'll bring you up to the window, let you speak to her real quick. We're going to let you take the car. All right. Do you know like what happened? What happened? Do you? Yeah. So, like am I like sleeping there? Um you might have a bond. Okay? It depends. What I don't know if you've been in trouble before or any kind of criminal history or anything like that. I just have to explain it, but they'll they'll tell you what your bond is over there, okay? It's probably a small bond. Uh somewhere around 500 bucks or so. >> like where where it is? Is it the Yep. 49th Street. 49th Street? >> So, what happened is I wrote down his number for you cuz your phone is completely dead. Uh once you're able to, you better make your phone call from the jail, and you can make your arrangements on how you're going to get out and how you're going to get picked up and whatnot, okay? All right? Okay. Because Nope. Unfortunately. There you go. How should it go? So, I'm saying this is really a blowback. All right? >> [laughter] [laughter] [sighs and gasps] [snorts] >> Hi, who are you? I'm Officer Tibbet with the police department. I'm here just to conduct a search, okay? Do you mind stepping out for me? Have your face towards me, okay? I'm going to take this away from Widen your stance for me. A little bit more. Anything on your person I should know about? Feel around. Is that a firearm? Okay. >> All right, I give everybody this explanation, okay? So, don't take it personally. Any anything on you at all, whatsoever? Okay, any introduction of contraband into the jail is an additional felony. I'll be happy to charge you with it if they find anything. So, that's why we're going to have you empty your pockets out, okay? All right, let's go. Grades. The arresting officer receives a B+. The stop was legally sound, force was proportional, and the decision to limit charges to the dangerous speed statute reflects measured proportional enforcement. The deduction stems from pre-Miranda investigative questioning, a procedural gap that creates unnecessary appellate exposure. The driver receives a C+. The underlying conduct, 117 mph on a public highway, was the direct cause of this arrest. Post-arrest cooperation was appropriate, but voluntary statements made before Miranda were legally unprotected and potentially harmful. The passenger receives an A-. Calm, cooperative, and legally cautious throughout. No criminal exposure resulted. Officer Taylor receives an A. The search was conducted correctly, with proper gender assignment and accurate legal advisements. Key lessons. First, in Florida, exceeding 100 mph is no longer a traffic ticket, it is an arrest. Second, passengers are not automatically protected. The racing statute creates criminal liability for occupants, not just drivers. Third, the right to remain silent begins at detention, not at the moment handcuffs are applied. Assert it early. Fourth, prosecutorial discretion is a legal tool, not a guarantee. A different officer, a different outcome. Let us know if there is an interaction or legal topic you would like discussed in the comments below. Thank you for watching and don't forget to check out our second channel, Street Body Cam, for more content.
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