The legal limit to drive in the state of Iowa is .08. You are Okay. >> point two zero two. You're almost three times the legal limit. God damn. All right. At the time of being placed under arrest for OWI. On September 21st, on September 21st, 2025, Ankeny police responded to a citizen tip at a gas station in Iowa. Hello. Hello. How are you doing tonight? I'm good. So the reason I'm here Um I'm a job with you with the Ankeny police. So, somebody was a little concerned about you. Said you may be intoxicated, okay? Yes. >> And that this is your car. That you look like you were trying to drive away in. I'm not driving away in that car, personally. Who's driving it then? Yeah. Okay. I'm not. Me, personally, I'm not. Who's driving it then? Um one of my friends is supposed to. Right. How'd you get here? Um my friend. Where's your friend at? That is a very good question. Cuz I got some people saying that they watched you come here. You were in the store yelling and screaming. Okay? Yeah. So, what what's going on then? Um Okay. Where were you at before you came to this QuickTrip store? My mom's house. Okay. Where's that at? Um in Okay. What were you doing there? Um I was Okay. It it it's hard to explain, honestly, because it's like I'm mentally not well. Okay. I see you got a wristband. Was that from a bar? Uh yes, it is, but it's I went in there and it was That was before I went to my mom and them. What bar was it? Uh I can't even tell you, to be honest. You don't know what bar you were at? It was um it was um it was just a bar to make sure I was okay. Some weird song guy. It was a it was a good bar. Hey. Hey. Did you see the lady get out of her red car? Or did you see her driving it? I saw her get out of the driver's seat. Got out of the driver's seat? Okay. He saw her get out of the driver's seat. Which one of the guys did? Yeah. He said he saw her pull up and get out of the car. He saw he saw her get out of the driver's seat. Perfect. So I'm asking you. Um I'm struggling with this. When you were at that bar that you don't remember the name of, how much did you have to drink? Uh like one drink. One drink? What did you have for your one drink? Uh I had a beer. >> Like a beer, wine, whiskey, vodka, that only that's what I'm asking. Uh a mixed drink, I guess. I don't know how to exactly how to >> a rum and coke or something like that? >> Yeah, yeah, yeah, yeah, yeah. >> So you just one of those? Yeah. And then you went to your mom's place? No, I actually I was So what exactly happened was I was outside at a bar Okay. waiting for a band-aid. All right, so you you and your friend are looking for a band-aid? >> even matter, bro. Why doesn't it matter? Cuz you Why doesn't it matter? Cuz it don't matter. I ain't dumb. I don't exactly know how this [ __ ] works. I don't exactly know how this [ __ ] works. So you do whatever you want me to do. I'm not I'm not talking. I'm not However you want me to cooperate I will do exactly what y'all want me to do. I'm not saying nothing else. I'm not doing nothing else. I'm not I'm not resistant. I'm not doing nothing more, doing nothing less. So if you live in Elkhart, why are you down here? What the [ __ ] do you mean? What? >> What? What what are you doing down this way? Hello, it's Elkhart. What? You expect me to live in Elkhart my whole life with no I I'm confused on what the what the question is, I guess. You said you were at your mom's house. >> Yeah, I'm at my mom's. That's where I live. Everything like that. She knows my history. She knows my past. She knows everything that involves with me. It's just hard on her. Oh, what what what do you guys have now? >> I'm asking what your name is. No, not you. Them. What what We're having a sidebar conversation. >> Yeah, what what's your name? Emma. Emma what? Mishler. Can you spell that? Yeah. Mishler. >> I was just asking where's your address? What? All right Emma, can be real just real forward with you, okay? Cuz I like honesty and I'm going to be honest with you. Hold on then. You're okay. Hey. Take a breath. Look at me. Emma, look at me. Emma. Emma. Okay. >> [laughter] >> She's clearly had more than one beverage. I can smell it on your breath, okay? Do you want to try and tell us again how many you've had? No, I don't know. Okay. Okay, let's just take a walk over here, okay? I'm not going to handcuff you. I'm just going to walk with you. Will you walk with me? Emma. I don't I don't give a [ __ ] I don't give a [ __ ] Please just just arrest me. Let's just walk over here. >> No, I don't want to walk. Let's just walk. You want to go ahead? Come on. Be fun. Woah. Okay, all right. Okay. Just walk over here. I don't want your phone to fall out. Can I grab that for you? >> I don't know where it's at. Right there. I don't know where it's at. I'll let you know, okay? Right here. I got you. All right, it's just me, sir. All right, Emma. We've got multiple people saying you were driving, okay? I don't give a [ __ ] So, would you be willing to do field sobriety test? Yeah, I mean I don't give a [ __ ] Okay. I mean, I already can't see straight. Why can't you see straight? >> Cuz I'm Under Terry versus Ohio, 1,968 officers may detain a person based on reasonable articulable suspicion of criminal activity. A gas station employee as identified citizen informant carries high reliability under the totality of circumstances standard in Illinois v. Gates 1,983. The initial detention was constitutionally sound. The subject denied driving. Under Iowa code section 321J2, operating a vehicle is a required element of OWI. The officer immediately sought witness corroboration, a legally critical move. The employee confirmed seeing the subject exit the driver seat. The operation element was established through independent third-party testimony, not the subject's own statements. When the subject stated, "I know exactly how this works. I'm not talking." She was in practical terms invoking her Fifth Amendment right to silence. Under Berkemer versus McCarty 1984, a roadside OWI stop is not custodial. Miranda warnings are not yet required. However, once silence is invoked, substantive questioning should cease. The officer appropriately shifted to field sobriety tests rather than pressing further. You have me crying. Okay, hold on. All right. All right. Do you Do you have any medical issues? Do you have any head history of a head injury, allergies? Uh, no. All right. Do you have contacts in? No. All right. Um, have you taken any drugs tonight? No. Have you smoked anything tonight? >> No. Nothing? All right. So, do you have you have nothing wrong with your eyes? Mhm. Okay. All right. The first test is all you're going to just follow my finger, okay? Mhm. Keep your head still. Keep your hands down by your side. All right. Follow my finger with just your eyes. Do not move your head. Understand? Put your hands down by your side. Um, my bad. Sorry. All right. Do you feel comfortable walking in your shoes or do you want to take them off? >> Uh, can I take them off? Yep, absolutely. You can go ahead and take them off. Ooh. Yeah. I mean, they look good, but I'm sure they hurt. Yeah, they do. Yeah, they do a little just a little bit. All right. I'm going to have you come over to this line right here. Right on this curb right here. All right. I'm going to have you put your your right foot on the line. Put your left foot in front of your right foot, heel-to-toe. Ow. Ooh. Okay. All right. put Put your hands down by your side. All right, stay in this position until I tell you to begin, okay? All right. So Oh god damn it. I'm sorry. My My toes hurt like a [ __ ] Okay. Do you have any issues with your legs, hips, knees, anything like that? >> Um I have issues with my hips. Um chiropractor, but I don't know exactly what they do or take from that. >> Does it have Do you have issues walking? Kind of. A little bit. Like I like a limp with my right. Okay. All right. >> So like I said, I don't know what to give and take from that, so it's Okay. So you have Okay. All right. Okay. So on the ninth step you turn. It doesn't matter which step you're on or it doesn't matter which step you're on when you turn. Does that make sense? So you're going to take nine heel-to-toe steps out. >> Okay. Okay. >> Make a turn with a series of small steps and nine heel-to-toe steps back. Okay? Okay. >> So return to the starting position like I had you. Hands down by your side. You may begin. Are you kidding? >> Just Just continue with the test as I explained it. I'm going to do an extra one just in case. Oh [ __ ] God damn it. Okay. Hold on. God damn it. God damn it. You know what? At this point I lost count. I'm not even going to lie. Okay, that's it. All right, the last test is the one leg stand. I'm going to have you put your feet together, arms down by your side. Okay. Stay in this position position until I tell you to begin. When I tell you to begin, you're going to lift one foot off the ground. I don't care if it's right or left. You're going to hold it 6 6 in off the ground, toes pointed out. You're going to look down at your foot, and you're going to count out loud. 1,001, 1,002, 1,003, and so on until I tell you to stop. Keep your arms down by your side at the whole time. All right, which foot are you going to lift off the ground? >> Uh my Your right foot? Yeah, my right foot. I was going to say left. All right. My bad. You may begin. 1,001, 1,002, 1,003, 1,004, 1,005, 1,006, 1,007, 1,008, 1,009 1,101, 1,001, 1,002, 1,003 All right, you can put your foot back down. All right, at this time I'm going to offer you a preliminary preliminary breath test, okay? Okay. All you All you're going to have to do is blow in it, um and it's going to tell us your breath alcohol content. Okay. All right. Oh, [ __ ] All right. Go ahead, blow in it. 0.02 Uh what? Can I Can I see it possibly now? 0.02 Good. So I don't know what that means, but okay. So, the legal limit to drive in the state of Iowa is 0.08. You are Okay. 0.202. You're almost three times the legal limit. God damn. All right, at this time we can place you under arrest for OWI. Okay. I I I'm going to um to um You know, we're going to What was that? Do I get to ask uh do I get to ask you questions before? I don't >> You want to ask questions? >> Yeah. >> What questions do you have? Uh just about like phone numbers and that kind of stuff. >> So, I'll I'll tell you what's going to happen. We're going to go down to Polk County Polk County Jail. We're going to do some more paperwork, some more processing there. At that time, you're going to be able to make phone calls. Okay? Do you have I have >> your cell phone with us. So, you'll be able to use that to make calls down there, okay? >> Okay. All righty. So, we're going to head it back. All right, remember. Heidi, sit back. Ow, [ __ ] Yeah, don't don't sit back on your hands. It's going to hurt. Oh, I figured that one out real quick. >> All righty. Um So, her phone's out. I can ask which one she wants first so we can get her ID out. Do you want your purse? Uh preferably, please. >> Okay. Yeah. >> get it for you, okay? >> see your purse? Huh? Can I see your purse? Uh I'm not 100%. I know it's in my car for sure. I'm just not 100% sure if it's in my purse or not. I don't know if that makes sense, though. >> No, no, that makes perfect sense. We're going to see if we can grab that for you. >> Okay. The woman was then transported to the Polk County Jail, where she was booked and charged with operating while under the influence, first offense, and probation violation. She was found guilty on both charges. If you enjoy the content we produce, please don't forget to like, comment, and subscribe. Three standardized field sobriety tests were administered by NHTSA protocol. Horizontal gaze nystagmus, walk and turn, and one leg stand. Before testing, the officer conducted pre-test medical screening asking about head injury, hip conditions, contacts, and medications. This step is mandatory under NHTSA standard. Omitting this screening can compromise the admissibility of SFST results in court. The subject disclosed a hip condition affecting her gate. The officer noted it and allowed her to remove high heels before the walk and turn preserving test validity. Following the SFSTs, the officer offered a preliminary breath test under Iowa Code Section 321J.11. The result, 0.202, and a half times Iowa's legal limit of 0.08. Under the back prong of Section 321J.2, this constitutes per se OWI independent of observable impairment. With witness testimony, SFST indicators, and a PBT of 0.202, probable cause for arrest was well established. Probable cause requires only reasonable belief, not proof beyond a reasonable doubt, which is the higher standard reserved for trial. Grades. The lead officer receives an A minus. The detention, witness inquiry, SFST sequence, and arrest were all constitutionally and procedurally sound. De-escalation was consistently applied throughout. One deduction. After the subject signaled intent to stop speaking, continued questioning edged toward territory requiring a cleaner acknowledgement of her right to silence. Emma Weisman receives a B. Her decision to stop answering questions was legally sound and came at the right time. She did not physically resist arrest, a critical choice. However, prior voluntary disclosures the bar wristband, alcohol admission, inability to recall the bar's name contributed directly to probable cause before she invoked silent. Earlier restraint would have been more defensible. Lessons learned. First, in any police encounter invoke your right to silence early. Voluntary statements made before arrest are admissible and are rarely beneficial to the speaker. Second, for officers witness corroboration of the operation element must be documented immediately. It is the foundational legal requirement in any OWI prosecution. Third, Nystagmus pretest medical screening is not optional. Disclosing known physical conditions before SFSTs protects both the subject's rights and the officer's evidentiary record. Fourth, a PBT result alone does not prove back at trial. Iowa law requires a subsequent evidentiary chemical test, breath or blood, for conviction. Emma Weisman was found guilty on OWI first offense and probation violation. The evidence was thorough, lawfully obtained, and procedurally intact. 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.