Hey, [ __ ] Stay right here. >> God damn it. >> Where did y'all leave the female side of the road is? >> About 20 20 northbound. I thought >> 20 northbound. His hand should be on his shoulder too. >> On August 28th, 2020, Arkansas State Police trooper Blaine Middleoff was conducting routine patrol on Interstate 555 in Pointet County, Arkansas, when he observed a black passenger vehicle displaying Florida license plates traveling northbound at highway speed. Running the plates through the Arkansas Crime Information Center, Trooper Middle discovered the vehicle's registration had expired two months prior, a minor traffic violation that would escalate into a dangerous [music] high-speed pursuit reaching speeds exceeding 130 mph. What began as a routine traffic stop for [music] expired tags would reveal multiple loaded firearms. 6 ounces of marijuana over $7,000 in cash and a convicted felon willing to abandon his girlfriend on the side of the highway to avoid capture. Point mark the corset Lincoln David Charles Young 28C Y2 out of Florida the black 14 when you have a chance check that trooper middle initiated his emergency lights and conducted a traffic stop at mile Marker 20 on Interstate 555. The vehicle, a black looking sedan registered as a winter from Florida, pulled onto the shoulder. Inside were two officers, the driver who would later be identified as two 5-year-old men in Memphis and a female passenger as notice trooper approaches from the passenger side and common officer safety tactic that positions him away from passing traffic while allowing him to observe both occupants simultaneously. His hand is positioned near his duty weapon, which is standard protocol during traffic stops. Under Pennsylvania versus Mims decided in 1977 officers conducting lawful traffic stops have the authority to order occupants from the vehicle as a matter of officer safety. >> Hey, how y'all doing today? Doing all right. I'm Troop Middle for the Arkansas State Police. Reason why I'm pulling you over. Your tags on the rental car show to be expired. Did they tell you anything about that or when it was going to be expired? No, sir. >> All right. Where y'all head to? >> Jonesboro. Head check to Jonesboro, sir. >> Where y'all coming from? >> Coming from Memphis, Tennessee. come from Memphis? Yes, sir. >> Gotcha. You live there? Yes, >> sir. >> Yeah. Okay. Do me a favor. Go ahead and step back for me. Okay. >> Okay. >> All right, man. Reason why I have you stepping out. I can smell weed in the car. You got weed in the car? >> Uh, I smoked before I even left Memphis. >> Okay. All right. So, there's nothing in there? >> No, sir. >> All right. Cuz I'm going to search. >> All right. >> All right. So, if you have something in there, just tell me, man. I'll work with you. >> Yes, sir. Is there anything in the car? No, sir. No, sir. There's nothing in the car. I left Memphis. >> Okay. She smoked too or? >> Uh, no, sir. >> How long ago did you leave? >> I left literally I don't know what time it is right now, but I left around >> 620 627. >> I left around 2:30. It's been raining. I've been off and on stop. >> Okay. All right, man. Uh, tell you what, I'm going to patch you down. Make sure you get no weapons or anything like that on you. Step back here real quick. Uh, go ahead and face this way for me. Okay. Just so I keep an eye on her. Spread your paper for me, please. Anything on you want to see me? Pop me. Cut me. >> No. All right. You got a wallet and money? Yes, sir. Try not to let this fly away. >> You might need that later, huh? >> Yeah. >> Arkansas law requires all vehicles to display current valid registration. Driving with expired registration constitutes calls for a traffic stop. The Supreme Court established in Maryland versus United States that an officer subjective motivations for initiating stop if there exist objective calls for a traffic violation. The stop is constitutionally viable. >> Thank You can see it on his bumper here. >> Trooper Middle orders the driver from the vehicle. This is again authorized versus the Supreme Court reason that the minimal additional intrusion of ordering the motors out of the vehicle is justified by the substantial officer saf maintaining control of the situation. >> None that you know of. Okay. I need you to be honest with me there. There's some weed in here. I'll work with you guys. Hey, I smell it. Is there anything in this car? Honestly, honestly goes a long way with me. Okay. You don't know if there's anything in here or not? There anything on you? >> No. Okay. Step up on me. >> What? Okay. Step up. >> This is the moment where the traffic stop escalates from a routine violation into a drug investigation. Trooper call states he smells marijuana emanating from a vehicle. Under the plain smell doctrine, an extension of the plain view doctrine established in college versus New Hampshire. The owner of marijuana provides probable cause to search a vehicle. The trooper conducts a packown for weapons. This is authorized under Terry versus Aaya, the landmark 1,968 Supreme Court case that permits officers to conduct a limited search for weapons when they have reasonable suspicion that a person may be armed and dangerous. Given that the trooper now has probable cause to search the vehicle for drugs, this pat down is both legally justified and tactically sound. The trooper seats the driver on the patrol vehicle's bumper, a common technique to maintain control while the investigation continues. From this position, the driver is in the trooper's custody for purposes of Fourth Amendment analysis, meaning he is not free to leave, but he has not yet been formally arrested. >> Here, just step out as much as you can. >> The trooper now turns his attention to the female passenger. He asks her to step out and begin question. During the pat, the trooper feels what he describes as an object that doesn't match the passenger. She claims it's a metrop, but the trooper relying on his training experience determines that the object size, shape, and placement inconsistent with >> Are you lying to me? >> No. [snorts] I said, "I'm in my pants." >> Okay, I understand that. That ain't what a pad looks like. I know what a pad looks like. All right. I'm I have a fiance. She has pads. That's not what a pad looks like. Reach in there and pull that out. That's not a pad. >> Is that weed? I smell weed. Is that weed? >> Pull it out. Just the bag. It's >> got weed in it. I've been doing this for a long time. You can't tell me that's not weed. Did you shake any off in your shorts? The passenger removes the item, revealing a small plastic bag containing marijuana rescue. While the quantity is minimal, the trooper later describes it as possession of any amount of marijuana was illegal in Arkansas. >> At this point, both occupants are now detained based on evidence of marijuana possession. >> Did you give her weed? No, sir. >> Did you give her weed to put in her pants? No, sir. I gave her a bag. It shouldn't have no weed in it. >> No weed in it. >> I I didn't know. It shouldn't be nothing. >> Man, I've been doing this for a long time. >> I'm just letting you know, sir. It shouldn't be nothing but crumbs in there. I'm just letting you know. I smoked before we left. >> Okay. Y'all scared? There. There's no reason to be scared. >> Yes, sir. I don't understand. I'm just letting you know that I we smoke. >> Is there anything else in the car? >> No, sir. >> I ain't see. According to the official incident report, at this moment, Trooper Mikov observes an arrow of a rifle protruding from underneath the driver's seat. This discovery found changes the nature of the encounter. Under Arkansas law, possession of a firearm during a drugrelated offense is a separate and serious phone. >> 1042. >> Randy Blackburn makes a split-second decision that will define the rest of his. He breaks free from the troopers attempt to grasp, runs to his vehicle, and leaves the scene at high speed, abandoning his female companion on the side of the highway with law enforcement. This is felony fleeing under Arkansas Code section 554125. >> Hey, don't move. >> The pursuit begins. Under Arkansas law and Arkansas state police, policy officers are authorized to pursue suspects who have committed violent felonies or who pose an ongoing danger to the public. Here, Blackburn is now wanted for multiple felons. >> The decision to pursue is legally justified. >> Threw it out. >> No, that's his lead. was on top of the >> car right there. Are you ready? >> There is a firearm in the vehicle. There is a firearm in the vehicle. Hak or is it a broccoli? >> The pursuit rapidly accelerates. Within seconds, speeds exceed 100 mph. Trooper Middle reports reaching 120 mph just to catch up to Blackburn's vehicle. Arkansas State Police policy in 2020 gave officers substantial discretion in pursuit situations. Notice Blackbird's driving pattern. He's weaving between vehicles, using both the right shoulder and the left lane to pass lower traffic. Blackboard might be taking exit trim before 63 exit. >> Blackburn takes exit 24 onto State Highway 463, then immediately re-enters Interstate 555, heading southbound. the opposite direction from his original travel. This is a tactical maneuver likely attempting to create distance from pursuing officers or potentially fleeing across the state line into Tennessee. [music] Trooper Middle reports the pursuit has now reached 130 mph. Watch carefully here. Blackburn is passing vehicles on both the left and right, forcing civilian motorists to take evasive action. At 130 mph, a vehicle is traveling approximately 191 ft per second, more than half a football field every second. >> I don't think we're going to catch this. >> 23 southbound traffic. In 2007, the United States Supreme Court decided Scott versus Harris, a case with facts remarkably similar to this pursuit. The Supreme Court held that an officer's attempt to terminate a dangerous high-speed pursuit through the use of force, even potentially deadly force does not violate the Fourth Amendment when the suspect's reckless driving poses a grave public danger. If you can see a county unit to retrieve a female be ready to get on him. He's got it right under his seat. It's a uh short barrel AR-15. He's got 40 round mag. He's going to hit the shoulder. North Street. They may have open All right, get out of the way. I see him. I see him. I see him. >> I see him. North. >> God damn it. >> Pull the vehicle over. Move to the shelter. >> After several minutes of pursuit, Trooper Middle makes the decision to execute a PIT maneuver, formerly known as a precision immobilization technique. Watch carefully as the trooper positions his patrol vehicle's front bumper against the rear quarter panel of Blackburn sedan and applies force. The first attempt is partially successful. Blackburn's vehicle begins to spin, but at these extreme speeds, Blackburn is able to regain control. Trooper Middle re-engages. You can hear his heavy breathing. This pursuit has now lasted more than 10 minutes, covering multiple miles at sustained speeds above 100 mph. On the radio, the trooper later states, "It took forever for me to get in a position WHERE I HIT." TROOPER MIDDLE EXECUTES the second PIT contact. Blackburn sedan rotates sharply, leaving the roadway and sliding into the grassy median where it comes to a stop. The pursuit, which has lasted approximately 12 minutes and covered an estimated 15 to 18 m at speeds exceeding 130 mph, is finally over. Don't even move. [screaming] Don't you hear me? GET DOWN. >> Get your damn hand. You hear me? Roll me over. Roll me over. >> Okay. Shut up. Shut up. >> The hell you running from me? >> Cuz I didn't want >> Give me Give me it. >> I just didn't want to go. Uh, dispatch, we got him pit 104. We got him in custody. 20. >> I can't really tell. I think it's about the 18 exit. Uh southbound 23. >> You don't have a lot of play stake. >> This could all be avoided if you just work with us. >> I understand. >> No, you don't. Shut your mouth. I'm >> I'm in the army. We just learned that >> the search at Blackburn Field reveals the full scope of what trooper metal erupted on this highway. Investigators recover multiple loaded firearms, including the rifle initially observed under the driver's seat and the Smith and Wesson 40 caliber pistol. They also discovered 168 g of marijuana, approximately 6 ounces, along with 7128 in cash. We're having >> 20 north by five >> 20 North should be on the shoulder too of weed. >> I didn't get the location. I believe the stop location was 20. >> Okay. He didn't mention anything about the other stuff. >> Might want to check that female again if she's still there. She had it down her pants. And then uh after I question him about his file, he took off on us. description. >> Skinny black female wearing a very short short. I think it was a tank top. Might have been a short sleeve shirt. 15 to 12. What's your 20? >> I'm here. >> Okay, I'm going to stay up here. I'm complying. I have no problem. Nothing else going on. I'm Bro, you check serial number is 1 N 01831 say 556 the rifle. I don't know the brand. I think it might be Remington or I don't know. It's got R on it. I don't know what kind of Cal I'm sorry. I don't know what it is. later. 23 now. My unit is >> not What's wrong with it? >> What's wrong with it? >> What >> is anything wrong with your car? >> I'm not even driving. >> I'm sorry, man. It's all good. 23 y north. >> We're north of 20 m. In the aftermath, Trooper Middle discusses the incident with fellow officers. Notably absent from this scene is the female passenger known only as Maddie, who was abandoned when Blackburn fled. According to the official report, she was never located after being left at the initial traffic stop location. Now, we turn to the legal analysis of the actions taken by both parties in this incident. Under Graham versus Connor, the Supreme Court established that the reasonleness of force must be evaluated based on three primary factors. The severity of the crime and issue, whether the suspect poses an immediate threat, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight. Please repeat. 63 go 647 northbound looking 12. I guess you didn't seem >> Tennessee296 5732 >> 922 >> Yeah, dumb ass wrote criminal history in 51. Stupid. >> Oh yeah, I charge this dude with all this [ __ ] Oh, >> I hate that. >> That sucks to be him. >> Did they Did they find the uh girl? >> Not yet. Hold on a second. I can hear what's up. >> Where I stop? >> Grab that. There's a card. >> 23. That might be a girl looking for. I pulled that out of the jacket. >> You want to try help me put this up? >> Damage, but see if we can get it up over the bar. chair button first. >> That dude was lane would let me get up on him multiple times. I just >> had to hit the hell out of >> him. Good job. >> Headquarters be happy with me. >> No, cuz this is my this is my second Danish vehicle in a week or two weeks. >> You got to do what you got. >> Look what you got. >> Dude, that this could have all been avoided too cuz like I saw the gunner see pull up. I'm like, man, this is short barrel. This is not. So I turned around and walked over to him and said, "Hey, whose gun is that?" About that time he took off. tried to grab him and he spun around me, got in his car, shot him twice with a taser through the window. >> He took off my gun around there. >> Well, one one connected, >> but we can review the video and get a move as far as we got the majority of why he ran with us. >> The weed the weed that was on her was just like sprinkles. It wasn't very much. advis >> he took off from us. He was doing about 100 plus. He took the uh the first exit to Truman. Got back on headed back southbound >> and he took for Ed or for me to get in a position where I could hit him right there. >> Dumb dude. He's so dumb. >> Black now. >> I mean [ __ ] man. He probably knew I was going to go back and search the vehicles. What it was? We had a second chance. Sure did. >> I'm I'm mad now. >> I told I told Scott that I wasn't going to damage his vehicle. I put a big old D in the side of it. Yeah. >> Yeah. >> I bet he was holding on that old [ __ ] handle. >> I told him I said, "Man, you I said, "Man, ride with me. You better get that seat belt on." It's about I thought we might hit the cable barrier and we didn't go. It's a possibility. I think they could all shut up in a plastic like company's not going to be tapped in the bullet. >> Yeah, whatever. I've had worse. Got to get a new uniform. Go ahead and stay 23. >> Have you got a photo? Uh, >> he was last time he played. >> I had a pill bottle somewhere laying around here. >> Let me uh You know what this is by chance? Says RP on it. >> Yeah. And then I got another It may end up being I've already touched all over all this crap. Yeah. Uh which uh she had a small bag right here. She said that's my maxi pad. I'm like I have a fiance. I know what maxi pad is. Maxi pads don't go the uh what is that? She pulled it out. It's just a bag. I said there's a little bit of weed in that bag. Hey, look at there. >> Yeah. C30 John, I got another weapon for you to run for me, please. Go ahead. >> Smith and Wesson. I believe it's a 40 caliber XN 6923. >> Nora 6923. >> X-ray Nora 6923. about 100 yards south 20 m over north post. There's some more there. Man, there's stuff all over this place. >> The guy would have got it. >> Oh, no. >> Sorry. >> Who was driving? You were driving. >> Who do you think was driving? >> Huh? >> Who do you think was driving? >> He was. >> Yeah. I tried my hardest not to not to damage his vehicle, but man, he was he wouldn't let me get even close to him and get up hit. >> So, we got a 223. >> That's the 40 for the >> shot in here. >> Yeah, that's what I was looking for. Got residue. >> Yeah. I remember going. >> He was recording the whole thing, too. He >> was. >> Yeah. I don't know where his phone's at. I don't know if uh it's in in the dirt somewhere or what, but he had it up like this right here recording this. You need on the phone recording this >> chase. >> During the chase. >> During the chase searching real good. >> Yeah, he's wearing shorts right now. So, I mean, unless unless he's got some up his butt, >> he shouldn't have >> dumb ass. Trooper Blaine Middle receives a grade of A minus. His conduct throughout this incident was professional, legally justified, and tactically sound. Randy Blackburn receives a grade of F. His decision to flee from a lawful traffic stop escalated a minor violation into multiple violent felonies. The Arkansas State Police Department receives a grade of B+ for their 2020 pursuit policies. According to public records, Randy Blackburn was arrested and charged with felony fleeing, felon and possession of a firearm, simultaneous possession of drugs and firearms, possession of marijuana with intent to deliver reckless driving, speeding, and resisting arrest. What do you think of the trooper's decision to use a pit maneuver at 130 mph? Let us know in the comments below. I think that's it. I don't know. These bullets. >> Yeah. I'll put them in this bag. All that. All this was in the back seat. Both firearms are under his seat. You try to catch the green. Y'all search him. >> Hey Sky, did you search him again? 23 so he did 28. >> There we go. Sam >> legal advice for drivers in similar situations. If you find yourself in a traffic stop where officers discover contraband, here is the legally sound advice. First, do not flee. Fleeing transforms a manageable legal situation into multiple violent felonies with decades of prison time. In Blackburn's case, fleeing added felony fleeing, reckless endangerment, and demonstrated consciousness of guilt that prosecutors will use against you. Second, invoke your rights immediately. You have the right to remain silent under the fifth amendment. When asked about contraband, your response should be, I am invoking my right to remain silent, and I want to speak with an attorney. Do not explain. Do not justify. Do not make admissions. Third, do not consent to searches beyond what is legally required. If an officer has probable cause, such as the smell of marijuana, they can search without your consent. However, if asked, "Can I search your vehicle?" Your response should be, "I do not consent to any searches." This does not stop a search if probable cause exists, but it preserves your rights for later legal challenges. Fourth, document everything. If arrested, remember details of the stop, what was said, and what was found. Tell your attorney everything. Attorney client privilege protects this information. Fifth, understand the stakes. In Blackburn's situation, if he had remained at the scene and invoked his rights, drug possession with intent to deliver, possibly 3 to 10 years. Felon in possession of firearm, 3 to 6 years. These might run concurrently with good legal representation by fleeing at 130 mph. Added felony fleeing 6 to 10 years. Added reckless endangerment 1 to 6 years. Demonstrated consciousness of guilt. Destroyed any possibility of a favorable plea deal. Put innocent lives at risk. abandoned his girlfriend, guaranteed consecutive sentences. The mathematics are clear. Fleeing made his legal situation approximately three times worse. Sixth, even if you are guilty, your rights matter. The Constitution protects everyone, including those who have committed crimes. Exercising your rights is not an admission of guilt, it is wisdom. Many convictions are overturned on appeal due to improper searches, coerced confessions, or rights violations. You cannot appeal a car crash at 130 mph. Remember, you cannot outrun a radio. Police have helicopters, spike strips, coordination across jurisdictions, and most importantly, they have time. High-speed pursuits have an apprehension rate exceeding 95%. But a death or serious injury rate of approximately 30%. The only rational choice when contraband is discovered is to remain silent. Invoke your rights and let your attorney fight the legal battle in court where you have a chance of winning. Oh, I thought that in the glove box. >> Yeah. hang. >> All right. Yeah, I'm vlogging all this stuff. >> Sorry I interrupted your uh your uh dinner. >> You did any Oh, don't fall. >> I think if he dropped it, if he had