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- 2026-10-22 23:59
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Come on out. I want to search warrant. No. Get a search warrant. >> He doesn't need a search warrant. He has to No, he does. He I don't have a problem with that. I was speeding. I want to be handcuffed to get out of the car. Me? Take her seatbelt off. Y'all are the worst. On April On February 4th, 2025, Officer Castellano of the Edgewater Police Department initiated a traffic stop for speeding in Volusia County, Florida. What followed produced four distinct legal issues, each arising from a separate decision made by the driver after the stop began. Hello. How are we doing today? Good. Very good. Um my name's Officer Castellano with the Edgewater Police Department. Do you have your license and registration on you? Edgewater. I have my pocketbook in the back of the taxi. Okay, can you grab your driver's license and registration? I see we got a little bit of weed in the car. Do we have a medical marijuana license? >> Yeah, but I haven't smoked it. Okay, we can't have that inside the vehicle like that. Oh. We were in a rush to leave. I'm going to Well, >> you were in a rush, and you know how I know that? You can stay in the car. Don't worry about going in the backseat. Because you came flying up on me when I'm doing the speed limit. >> see you. And then you drove right past me. Right. >> And we can What's that? But I hate I hate I hate all of you. I hate all of you. You hate them? Okay, excellent. They've done nothing but be awful. 6 out of 10. 6 out of She's not feeling good. Okay. And then you continued at 53 mph in a 35 mph zone. So we were 18 over the speed limit. Is there a reason we're going so fast? >> I'm trying to get her home because she's not feeling good. Okay. What in What What contact did we have with you before in the past, ma'am? I'm not familiar with you, yeah. Um you all arrested me multiple times. Okay. No. Ma'am. Don't bring up >> Yeah, don't worry about grabbing the purse right now. I don't want you to reach in around in the back. Why? You got it right there. Or you can do something. >> PD. Okay. Stop it now. I'm sorry to hear that. Stop. Stop. Is there anything else illegal inside the vehicle, ma'am? No. Okay. I'll just take this. And do you have the uh vehicle registration on you as well? You have your ID on you as well, ma'am? Can you grab that for me, please? Yeah, my mom still has them with me. Okay. I don't know what that has to do with you grabbing your ID for me. It's all right. You're opening your mouth. Ma'am, are you aware that smoking and driving can still result in a DUI in the state of Florida? Yeah, but I haven't smoked it. Okay. I mean, there's literally a smoked blunt in the center console. Right. Two of them. Right, cuz I brought it with me from home. Okay. And I was bringing it from home. Okay. Because she needs to go home. Where is home at? Oak Hill. That's where I took the express way, the 95, and I got off on the beach street. Okay, no worries. Just your driver's license or ID, ma'am. I have my insurance card in my pocket, and How old are you, young lady? How old are you? Oh, I'm 34. 34, okay. Is there some Is there some part of Listen to me. Is there Is there some part of me saying, "Can you grab your ID for me?" that you're not comprehending? It's a very simple instruction. She's not um she's in a deep sleep, sir. Okay. That doesn't change her grabbing her driver's license or ID for me. But I don't understand what her her her her issue is right now. I don't understand what her issue is, either. Is this your pocketbook? All right. We're going to stop reaching around. I'm just going to get your information. I It's 31 in the vehicle, and like the passenger is acting weird. I'm sorry. It's a truck. I guess she's dealt with us before, and she said she hates us, so. All right. I do you have kids at home? Have you had children? Okay. I I You've never met me before. I've never met you. So there's no reason to treat me in any way different than I'm being treating you, which is with respect and courtesy. That's okay. What's your first name, then? I also know y'all What's your first name? My mom. He's asking you a question, and you need to be polite. >> What's your first name? Rachel. Is that R A C H E L? Rachel, what's your middle initial? R. What? Ma'am, I'm going to need you to stop reaching around. It's the last time I'm going to tell you. Yes, you. I'm asking you to stop reaching around the vehicle. Thank you. This can go in a different direction. I'm trying not to put it go in that direction. >> Please don't. Okay. Rachel, what's your middle initial? Rachel, this is a real quick way to get yourself arrested. Failure to to provide your ID when you're lawfully required to do so. I'm just I'm asking for you to provide it to me. You're [ __ ] evil. Edgewater PD can go to hell. >> You can just say your name. That's all. If you would let me give my license >> I don't need your license now. You said it's already in the back. Okay. Okay. I'm so sorry. 6 out of 10. 6 out of 10. 4 out of 10. 4 out of 10. You have to shut You need to keep your mouth shut. 6 out of 10. 6 out of 10. 1 out of 4. I'm my number one ID. Please don't arrest. I feel like training you to go home. Ma'am, stop. They're go You're The both of you are going to be removed from the vehicle in handcuffs. So what I'm going to ask both of you ladies to do, or instruct both of you ladies to do, is we're going to step out of the vehicle. We're going to keep our hands out of our pockets. We're going to leave our purses and everything inside the vehicle. Then step out and walk to the front of my car. Come on out. >> I want to search warrant. No. Get a search warrant. >> He doesn't need a search warrant. He has No, he does. I don't have a problem with that. I was speeding. I want to be handcuffed to get out of the car. Me? Take her seatbelt off. Y'all are the worst people ever. Have a seat in the car. Is that what you're going to do? Is that what you're going to do? >> No. I can't >> Put your hands behind your back. Stop. You just You pushed me when you got out of the car. Stop. What a stupid thing to do. All right, just take control of the other one. What did you do? Okay, okay. What did you do? I had trouble with Edgewater. Go ahead with that response again. Please. Ma'am, if you can please No, I'm not hitting you. I want to see you arise and say your first name, please. My handcuffs are too hard. 6 out of 10. 6 out of I hear hurting. I don't hear anything. I don't hear anything. All right. Can you grab a pair of gloves to search for? Say that again. Say that again. Stand up. Stand up. I'm trying to help you. Stand up. No, you're not. You're handcuffing me. Rachel, shut up and listen to him, please. Stop. I'm going to Rachel, I'm dying. Stop. Just shut up. Just shut up. They're trying to take you home. When she got out of the car, she [ __ ] pushed me. I don't know what the situation is, but >> Stop moving. Stop moving. Stop pulling away. You are pretty young, sir. You got it? Yeah, let's go. Leave me alone. Let's go. Let's go. Here's what I'd like you to do, young lady. Just have a seat on the curb. You have to help me sit down. I don't have a back. I can help you. Oh my god. Stay right there. OH MY GOD. I HATE YOU. EDGEWATER PD. NO. What is You're irritating me even more. Oh my god. I'm dying. Spread your feet. I don't have anything on me. Okay, well she's going to search you anyway. You're going to jail, so she's going to search you right now. Why am I going to jail? What did I do? OH MY GOD. I'M GOING TO JAIL for battery on law enforcement. Oh my god. Look at my leg. I hate y'all. You're the dumbest police force ever. DON'T YOU DARE KICK. DON'T KICK HER. DON'T KICK HER. DON'T KICK HER. What's in your bra? Oh, pills. Why am I mad? Okay. People hide meds in their bra. Why me? Have a seat in the car. Have a seat in the car. Stay in the car. HAVE A SEAT. I HATE Y'ALL. HAVE A SEAT IN THE CAR. >> [crying] >> THE CEDAR, YOU'RE GOING TO BE DRAGGED IN FROM OFFICER NOLAN. WHAT AM I BEING BOOKED FOR? OKAY. NOW, we're going to figure out what the [ __ ] is going on. So, um you're not under arrest, you're not in handcuffs, but based off of the way that things played out, I need to read you your rights before I speak with you. So, just hear me out. You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions and to have him with you during questioning. If you cannot afford a lawyer, one will be appointed to you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you will still have the right to stop answering at any time. You also have the right to stop answering at any time until you talk to a lawyer. Do you understand these rights that I've explained to you? Okay. Who is this to you? She's nobody to you? What happened was I met her at a pantry a couple months ago. Okay. We became friends at the pantry. So, a friend? She um does rescue for animals. Okay. And I was moving and she was taking care of my dog. Okay. She called me and she gave me a call to tell me that that happened. How long have you known her? She told you about 2 months. About 2 months. Is this normal behavior for her? I don't know what's normal. Okay, fair enough. Have you ever seen her in any sort of aggravated and frustrated state before? I mean, we started off by me telling you that >> Once. Once I saw her and that's when I started really realizing that she had a psych history. Yeah. Is there anything else I'm going to find inside the vehicle? No. Okay. The vehicle is going to be searched as a result of the marijuana that's in the center console. Yeah, you're going to find more marijuana because Okay. it's my marijuana. >> Is it your medical marijuana or not? It is my marijuana my medical marijuana, but it's not in the container. Okay. Is there a reason we're not we don't have it in the prescribed container? Because I was putting it in a separate bag and I was leaving right here and I thought I was taking her home and I Can you get her to hang out there for a second? The first, marijuana in plain view. Under the plain view doctrine established in Horton versus California, evidence visible to an officer from a lawful vantage point during a traffic stop may be seized without a warrant. The driver's medical marijuana card does not change this analysis. Florida statute section 381.986 requires marijuana to be carried in the container dispensed by the dispensing organization. Loose bloods in a center console satisfy neither the storage requirement nor the plain view exception. The card exempts the holder from possession charges. It does not immunize improperly stored marijuana from warrantless observation and seizure. The second issue, failure to identify. Florida statute section 850 6.021 requires a detained person to provide their name when lawfully stopped. Refusal is a second-degree misdemeanor independent of any other charge. The constitutional validity of this obligation was settled by the Supreme Court in Hiibel versus Sixth Judicial District Court of Nevada in 2004. The court held that providing a name during a lawful investigative stop does not constitute compelled self-incrimination under the Fifth Amendment. The driver's refusal was not a rights invocation, it was a statutory violation. The third and most serious issue, battery on a law enforcement officer. Florida statute section 784.07 reclassifies simple battery a first-degree misdemeanor to a third-degree felony when the victim is a law enforcement officer engaged in the lawful performance of duties. Maximum sentence, 5 years. The push upon exiting the vehicle satisfies every element. Intentional touching, a law enforcement officer, lawful performance of duties. No injury is required. The push alone is the felony. The vehicle search that followed rested on two independent legal bases. First, the marijuana in plain view provided probable cause under Horton versus California. Second, the driver's arrest for battery on LEO authorized a full search incident to arrest under United States versus Robinson and Arizona versus Gant. Either basis alone was sufficient, together they are unassailable. The driver's voluntary disclosure post-Miranda that additional marijuana was present, not in the prescribed container, added a third layer of evidentiary support. advisement in this footage contains a legally notable element. Officer Castellano stated the driver was not under arrest and not in handcuffs, yet administered Miranda anyway based off of the way things played out. This is a defensively correct decision. Miranda's custody threshold, as defined in Thompson versus Keohane, is not limited to formal arrest. It includes any circumstance where a reasonable person would not feel free to leave. A person physically restrained following a felony battery meets that threshold by any reasonable measure. By administering Miranda before questioning, the officer protected the admissibility of every subsequent statement regardless of how custody was later characterized. She's freaking out back there? I don't know. I hear her yelling. I hear her now. Yeah. Oh, she's got a battery on LEO. Let's go. And arson. Yes, she told me that. Who is she? >> I know who she is. She tried to set her house on fire. Over here? Yeah. The one that you talk about you've talked about before. >> it over time. Yeah. All right. So, for today, you're going to get a ticket for speeding and that's the original reason I stopped you. Don't be frustrated, that's in lieu of going to jail. It's $256. Okay. So, you have three ways to take care of that. You can either pay the fine outright, you can contest the fine in court, or you can choose driving school. What that will do is that will reduce the points on your license. You have to make sure to choose one of those options. >> you. It's going to put It's going to be points on your license, yeah. >> license, though. Yeah, you have to make sure to choose one of those options within 30 days so they don't suspend your license as a result. But not so that I don't get the points or get minimal points to the school? >> Yep. Or you can think of the ride to jail. So, I'm That's an option. I'm not talking to you. >> That's an option. That's eating the car, slow down. Do you have any questions for me? I'm sorry. Yeah, I think that she needs to do a little more than that, but >> I tried to be a straight person. Yeah. I put holy water on her hand. She needs uh a little bit of self-realization. All right. But she needs to be talking. All right, have a seat in the car. You're good to go. She's with us and >> Can you tell me I can leave now or what I have to do? >> Yep. Slow down, please. I'm just worried about her as you can tell because of her behavior. I got you. You're good to go. All right, I'm going to go take a picture. >> [crying] >> Stay where you're at. Don't move. It was really, really hot in here. I guess so. It's not funny. Turn turn with your [laughter] back facing me. Let me see your handcuffs. Let me see your handcuffs. Turn with your back facing to me. Don't Look at what you did to my leg. >> why I'm going to take a picture of it. >> [cough] >> I'm not telling you. Okay. I'm not telling you because I didn't do anything. >> Let me see your handcuffs. Let me see your handcuffs. They're really tight. >> Okay, let me see your handcuffs. No, so I can't close the door again. You put me in the [ __ ] heat. Ew. Do not do that. >> sorry. Battery on a law enforcement officer. Go ahead, Nolan. And this is why we're going to go to the hospital. Sorry and thank you. The fourth issue, the passenger and the Baker Act. Florida statute section 394.463 authorizes law enforcement to transport a person for involuntary psychiatric evaluation when the officer has reason to believe the person is mentally ill and likely to cause harm to themselves or others. This is not an arrest, it is a civil health hold. The passenger's documented EDP status, behavioral dysregulation, and visible distress throughout the encounter provided the officer the factual predicate for Baker Act transport. The decision to take her to the hospital rather than to jail reflects legally sound and humanely proportional judgment. Officer Castellano receives a B plus. The plain view observation, repeated patient commands, proportional force response, and textbook Miranda advisement all reflect strong professional conduct. The deduction reflects delayed response to handcuff tightness complaints a duty of care obligation that required faster action regardless of the subject's prior conduct. The driver receives a D. A civil speeding infraction became a felony arrest through four sequential voluntary decisions. Refusing identification, reaching against officer commands, pushing an officer upon exit, and possessing improperly stored marijuana. Each step was foreseeable under Florida law. None required the outcome that followed. The passenger receives a C minus. Her behavior compounded an already volatile encounter. The mental health context is a genuine mitigating factor and the Baker Act transport reflects officers correctly prioritizing health over prosecution. The grade reflects impact, not intent. Key lesson, a medical marijuana card is not a legal shield. It is a conditional exemption with specific compliance requirements. A stop and identify statute is not a suggestion, it is a statutory obligation with criminal consequences for refusal. And the moment of exiting a vehicle during a police stop is not an opportunity to express frustration physically, it is under Florida law the moment where a push becomes a felony. Each of these rules existed before the officer turned on his lights. The driver's decision to treat them as optional produced an outcome that was at every stage written in the statute. 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
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