Come here. >> I didn't COMMIT A CRIME. >> 1120, YEAH, I GOT ONE RUNNING FROM ME. SECOND STREET BEHIND RUTH ECKERD. SECOND AVE. WHITE MALE. BOARD SHORTS. SECOND AND THIRD STREET. GET OVER HERE, DUDE. >> A SHIRTLESS MAN, A MOPED, A Florida stop sign he didn't fully stop at. What followed cost him 45 days in jail and it didn't have to. The stop was lawful. A rolling stop violates Florida Statute Section 316.123. Under Terry versus Ohio, decided in 1968, that single observation satisfies reasonable articulable suspicion. Florida Statute Section 856.021 makes this a stop and identify state. Once detained, the subject must provide identification. Refusal is a criminal offense. The subject invoked the First Amendment to refuse. That was wrong. The First Amendment governs speech and assembly, not identity demands during a lawful detention. The Fifth Amendment also fails here. In Hiibel versus Sixth Judicial District of Nevada, decided in 2004, the Supreme Court held that stating one's name during a lawful stop does not constitute compelled self-incrimination. >> committed >> Let me see your license. >> Was there a crime committed? >> Yes. >> Which one? >> The way you took that corner was unsafe and the way you came to a stop. >> Lie. >> Let me see your driver's license. >> No. >> You were >> I got the First Amendment right to refuse my driver's license. >> You're about ready to go to jail. >> take any corner wrong. I live here every day. I didn't do anything wrong. >> Okay. I've conducted a traffic stop on you. >> On valid On valid license. >> Let me see your driver's license. >> No crime committed. >> Okay. Are you refusing Are you refusing to provide your license to me? >> You bet you because I didn't commit a crime. No. >> Come back. Come here. >> I didn't COMMIT A CRIME. >> 1120, I GOT ONE RUNNING FROM ME. SUBJECT STRAIGHT BEHIND BOOSTER GUY. SECOND HALF. WHITE MALE. FOURTH TOWARDS SECOND AND THIRD STREET. GET OVER HERE, DUDE. GET ON THE GROUND. GET ON THE GROUND. SUBJECT SELF-DEFENSIVE TO WEAR A GAS. 1120, I lost sight of him. I'm in a classic collision. >> [panting] >> His scooter is parked on second half behind Tommy. You want to head to the scooter first. I'll be back. I'm coming off third. I'm at the second and second now walking back to. Sorry, second and first. White male, bald, no shirt, blue and red board shorts. Again, if I lost eyes on him, he's tucked back in somewhere between uh Amerigas and Classic Collision. 1128 copy scooter tag out of Florida. What's your buddy's name? Is it registered to him? Mike Quebec. Foxtrot Bravo 53 MQFB53 black scooter. I lost eyes, you can release it. 1128 >> When the subject fled, the legal exposure compounded. Under Illinois versus Wardlow, decided in 2000, unprovoked flight during a lawful stop supports probable cause for arrest. Radio traffic revealed a buried detail. The subject had already been tased once and pulled the probes out himself, a knowing act of resistance that escalated everything. The second deployment is analyzed under Graham versus Connor, decided in 1989. Objective reasonableness from the officer's perspective in real time, not hindsight. At that moment, prior flight, prior probe removal, refusal of all commands in close quarters, level five of the use of force continuum. The deployment was within policy. The warrantless entry into the portable toilet raises a genuine fourth amendment question. A closed portable toilet carries a reasonable expectation of privacy under Katz versus United States, decided in 1967. The exception, hot pursuit. Under United States versus Santana, decided in 1976, officers maintaining constructive pursuit may enter semi-private spaces without a warrant. Line of sight continuity is not required. Radio coordination and a witness tip are legally sufficient. Entry and the subsequent search were both valid. >> Just noting cat taser deployed, he pulled probes out. Do you see where he went? Did he come back out? Yeah, you guys are good. It's more this side. >> Hard wheel over there. >> Hot. >> No, he got ran from me. We're somewhere somewhere back in here. First Ave and Second Street. He's still, according to a witness, still tucked in behind the Amerigas. Did you see him? Huh? He's still in there? Bathroom? 1120, according to a witness or neighbor sitting up here. Believe he went into the bathroom at Amerigas. >> According to a witness, he's still tucked in here. >> Okay. >> I popped him once, he pulled him out. >> Taser or firearm? >> Um I'm just going to blast this guy. He didn't He's wearing board shorts, supposedly. He probably went in here. >> Non-lethal. >> Non-lethal? >> I got to go non-lethal. >> Okay. Clear. Clear. That lock That lock is not locked. It's not locked. It's Look like it's just >> Which one? >> Oh, this. Porta potty. Get on the ground. Get on the ground. >> On the ground. >> For what? >> Get on the ground. Now. >> the ground. For what? >> Lay on the ground. >> Get on the ground. >> 11-28, I would want it the porta potty at the America's. Give me the air. >> For what? >> Get on the ground. >> For what? >> You need to GET ON THE GROUND. >> Cover me. >> I didn't commit any crime. I need to relax. >> Get on the ground. On the ground. >> GET ON THE GROUND. >> ROLL OVER. >> ROLL OVER. >> ROLL OVER. ON YOUR STOMACH. >> GIVE ME YOUR HAND. >> Stop it. Why'd you do that? >> Give me your hand. >> Why did you do that? >> Give me your hand. Give me your hand. >> Damn bird. >> There we go. Perfect. 11:28, taser deployed. One in custody. Bad day, my friend. >> Resisting on that side? >> Huh? Yeah. Right here. Resisting like I'll stand up. >> Get on Get on your stomach. >> Why am I being >> Offer any Do you have any other resisting? >> For what? >> Resisting. >> Resisting what? I didn't commit a crime. >> Resisting. >> What crime? >> Resisting. >> What crime? >> You did a traffic infraction. >> No, I didn't. And I know my laws and my First Amendment rights. I'm not in third. >> Yeah, you are. Come this way. THAT'S A FIRST. >> HEY. >> MOVE OVER. STOP PUSHING BACK, DUDE. >> YOU GOT YOUR CAMERA ON? >> RESISTING. >> I'M NOT. >> BACK, DUDE. >> I'm not. >> You are. I'm trying TO CHECK YOU. >> YOU'RE PUSHING ME INTO A TOILET. >> WELL, STOP [ __ ] PUSHING BACK INTO ME. >> I'M NOT. I AM not resisting or doing anything. God. I can't bend that way. Look at my neck. I can't BEND THAT WAY. >> STOP [ __ ] FIGHTING ME. >> I CAN'T [ __ ] BEND THAT WAY. >> I CAN'T [ __ ] BEND THAT I CAN'T BEND THAT WAY. >> CAN YOU ROLL OVER? >> I CAN'T [ __ ] bend that way. I can't bend that way. Quit being rough with me. You pushed ME IN YOUR URINAL. >> LET GO. >> LOOK AT THE URINAL. >> LET GO. >> Pulled me in the dirt. >> You need to stop RESISTING AND JUST COMPLY. >> I'M NOT RESISTING. >> Stay like that. >> Damn it, IT SMELLS LIKE PISS RIGHT HERE. >> STAY LIKE THAT. >> SMELLS LIKE [ __ ] PISS. >> I GOT HIM. We're good. >> Come on, man. You got my head >> Yes. >> They send a rescue? >> Yeah. >> All right. >> You got my head in piss. >> your butt. >> You got my head in piss. >> Sit on your butt. >> Okay, let me turn. Let me turn. Let go of my hand. >> Sit down. >> I got to push up. >> There, sit right there. >> You got my head in piss. >> Huh? >> I'm not resisting. You just got my head in the urinal, man. >> bathroom. >> LOOK WHERE I'M AT. >> I DON'T CARE. >> YEAH, but it's not probable cause. It's not my first amendment right to put my head in piss. >> Okay, just listen to what we told you and that wouldn't have happened. >> I didn't listen and I don't have to listen cuz it's my first amendment right cuz I didn't I I didn't break any law. >> He did. >> So technically, by the law, you have to have No, you don't know that. That's your suspicion. You have to have probable cause of my first amendment right. So [ __ ] you. >> Okay, cool. Well, you're going to jail on a felony, so don't worry about it. >> [panting] [sighs] >> For what? Cuz I I committed a crime that you suspected without doing your research. That's illegal. You want to You want to lose your You want to lose what you got? You're a public servant. Go ahead. >> I can't lose anything, my friend. >> Oh, yeah. Well, I was pulled over, didn't have any keys and anything. Go ahead, try it. You didn't have any reason to stop me because I was already off the vehicle with no keys in it. >> not. You were still on it when I pulled up behind you. >> Nope. >> Yes, you are. It's on camera. >> Okay, try to pursue that in What's your probable cause of stopping me? What's your probable cause? >> Your driving pattern. >> That's a lie. You see me buying a case of beer in the CVS and that's why you pulled me over. >> No. >> Yes, it is and I'll pull the CVS cameras. >> That's fine. >> Cops can't good do that, just to let you know. >> Yeah, we can. >> No, you can't. >> protective custody. >> It's against our first amendment right. >> No, it's not. It's called >> By the way. >> It's called protective custody. >> I didn't do anything. >> Then you decided to run. >> Yeah, cuz you don't have a probable cause to stop me. You don't have any reason. If you don't If you don't suspect a crime if nothing happened, then I'm not in your control, if you didn't know. If you didn't know that. Let me hit my vape a couple times. You care? I'm being co- >> cooperative. >> Is that what you call cooperative? >> Have a Minnesota number? I can find you. >> Wow. >> You got a driver's license? >> I stand up on it. >> No. >> I can't hit my vape a couple times? >> No. >> What? >> All right. >> Yeah. >> Coming back. >> Huh? >> I need your gummy bears. >> Cali, you got a driver's license? Can't open my wallet. >> Yeah, you can't. You're under arrest. It's called searching incident to arrest. >> Okay, well, let's look that law up. So, for no reason you can just go on my person at any time. >> You're under arrest, dude. You ran from the police. You have charges. >> You didn't have any charges on me. >> stop resisting. Stop running. >> I can run wherever I want. >> to identify yourself on a lawful have to if you don't have a probable cause. I do not have to identify myself. Go ahead. I'll bring it to court. Man, get me away from this. You're in no control. I'm going to move or I'm going to move to this side then. Okay. Man, I'm new [ __ ] man. >> See, when we asked you to come out, you didn't want to come out. Now you don't want to be there. >> I got I have a First Amendment right, which is what? Not to say a [ __ ] word [clears throat] to you. So now I got arrested for a First Amendment right. With my keys out of my vehicle on private property. >> Okay. >> Go ahead. >> All right. >> I'm just sitting here at this point. Guess what I can say. >> This is a private property, too. Pretty sure there's a sign no trespassing. So I guess what? >> I guarantee I work right next to him. They wouldn't file no trespassing. >> That's at least a few problems right now. >> All right. All right. All right. Knees up. All right. >> Hey, thanks, guys. >> What? >> Um all right. His scooter? >> Okay. >> That son of a [ __ ] can't tow. >> No. He was on it. It was a traffic stop. He refused to identify himself. He took off running. Hop the fence, got tased over here, pulled out probe, stayed in the property. I checked, couldn't find him. I doubled back around from where he used to see where he was at. They said, "Hey, he's hiding over there." And then they pointed out that he's in the bathroom. What's what's the deal with him? Just clean him up and No, it's somebody different. >> So, that's not his ID? >> That's his ID, but that's not who the scooter belongs to. >> Oh, this is your scooter? >> I'm out of shape. I am [ __ ] Where's that water bottle? I am [ __ ] out. >> Hello. Good. How are you doing? Good seeing you. Yeah, just dealing with some >> Not 42 your ass. Exactly. >> Some use of force. Just good. Good seeing you. >> I like seeing you. >> Oh, that was def- that was definitely use of force. Well, once he started like pushing with you and like not I was like no no, I'm not playing these games. >> Yeah. >> Here he ran from me once. I'm not going to lose him again. He's getting tased. >> Yeah. >> Three charges. Two counts of resisting without violence under Florida statute section 843.02. Flight in handcuff resistance plus driving on a suspended license under section 322.34. No contest plea. Adjudicated guilty on all counts. 45 days county jail. Approximately $468 in fines and fees. The officer receives a B. Valid stop. Refusal to identify captured verbally on camera, critical evidentiary record. Second taser justified under Graham versus Connor. Deduction. Falsely referencing a felony post arrest. The subject receives a C minus. Invoking the wrong constitutional amendment set off every charge that followed. Flight turned a citation into a misdemeanor arrest. Probe removal eliminated any force defense. 45 days in jail traces back to one rolling stop and one decision to argue the law on the street instead of in court. Three takeaways. One, know which amendment applies. The first, fourth, and fifth protect different rights. Misapplying them in the field has consequences. Two, flight multiplies charges. A citation becomes a misdemeanor, a taser deployment, and a jail sentence the moment you run. Three, constitutional arguments belong in court. If the stop was unlawful, a motion to suppress is the remedy, not roadside refusal. Let us know if there is an interaction or legal topic you would like us to cover in the comments. Thank you for watching and check out Street Body Cam for more police interaction and courtroom content. >> I don't want you to step back. >> I