I'm not going to pass the line because I I'm going to be honest. I did have a couple of drinks with my friends before prior to driving. >> Okay. >> And I just wanted to >> On the 1st of January 2022, a traffic crash triggered a DUI investigation by Key West Police Department officers. The no turn on red violation established lawful grounds for the initial stop under Terry versus Ohio 1968. Officers observed impairment indicators providing reasonable articulable suspicion to expand into a DUI inquiry. Under Pennsylvania versus Mims 1977, ordering the driver to exit the vehicle was constitutionally sound >> Providing you with your is I'm doing the traffic crash side of it. Since it is New Year's, you guys get >> Okay. >> So, did you have any other questions or anything like that? >> All good. >> Okay. You should be good to go. Uh I'm going to go ahead and speak to her and and get you guys moving on, okay? >> Okay. >> So, no problem. Okay, sorry. Radio. So, what we have here is uh a traffic crash, you know. So, I'm Officer Getchell with the Key West Police Department. Basically, >> Basically, what we do with the the traffic crash is I'm going to put everybody's information on there. And if you need to get the report for any reason, it is the weekend, so it'll probably be Monday or Tuesday when it's ready if you need it. Um but that's when it will will be done. So, um but do you have any questions or anything while I'm done with the traffic crash? >> Yeah, so what was your uh uh your name? I'm sorry. >> It's right out here on the card. Officer Tyler Getchell. >> And what was the specifically the traffic >> For the traffic crash? >> Yes. >> So, basically from what it from what we gathered all there with the damage and everything, when you were turning here, you hit the side of her vehicle. And you got damage on the front side of your car. She had damage on the passenger side of her vehicle. So, it's going to have your information, your vehicle's information, her information, everything on there. That's why I asked you for your >> or her fault? >> It was from from what it looks like at this intersection, it would be your fault. >> What would that be? >> Because as she was coming through, there's a stop sign or there's a no turn on red here, and you turned >> I did have my stop sign. >> But you But you're not allowed to turn on red here. >> On the right? >> Right. >> That makes sense. >> Okay. But other than that, do you have any other questions or >> you were saying in the future I'm not allowed to turn right on the right? >> Not at this intersection. There's it's posted right here at the at the light that you're not allowed to turn right here. Okay. I'm now going to be beginning a DUI investigation, okay? So, if you do me a favor, if you could please step out the vehicle for me. >> What? >> Is there anything else I can help you with? >> No, I I really appreciate it. That was tremendous. Thank you. >> All right, I'm going to have you walk right in front of my vehicle, please. Uh you can stand right in front of it. All right, so >> This way or that way? I don't know. >> No, you can face me. Yeah, yeah, I'm just going to So, before I continue my DUI investigation, I'm going to read you your Miranda rights, okay? Have you Have you ever been read your Miranda rights? >> I have no clue what that means. >> Okay. So, I'm going to read you your Miranda rights and I'm going to go one by one. I'm just going to show you and just going to explain to you what the Miranda rights are, okay? So, you have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to talk to a lawyer and have him present while you are being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if If wish. You can decide at any time to exercise these rights and not answer any questions or make any statements, okay? Do you understand each of these rights that I have explained to you? Okay. Have you asked any law enforcement officer to speak to an attorney? >> I do have an attorney. >> Okay. Have you asked anybody that you want to speak to an attorney? >> I would love to speak to an attorney at this moment. He's He's on vacation. And unfortunately, I cannot speak to him right now because he's on vacation. >> Okay. So, okay. So, having these rights in mind, do you wish to talk to me now? >> No. I want to speak to my attorney. >> Okay. That's fine. Perfect. All right. So, All right. So, my My next section is will you submit to any field exercises to dispel my belief that you are under the influence of alcohol, any alcoholic beverages or chemical or controlled substances to the extent that your normal faculties are impaired? >> Take all possible tests. >> So, So, you are you willing to do the exercises? Okay. >> I am. >> All right. So, are you sick or injured? >> No. >> Okay. Uh you have any epileptic or anything like that? >> No. >> Any inner ear problems? >> No. I just came to give a gift to a friend that works over in Beverly Hills. >> Okay. >> I wish to leave the gift and go home. >> Okay. >> my first purpose tonight. >> Right. Okay. I understand. Do you have any inner ear problems or anything like that? >> I believe not, sir. >> Okay. Any issues with mobility, any prosthetics, anything like that? Okay. Any glass eyes? >> Not that I know so. >> Okay. Are you blind or anything like that in either eye? >> No. >> All right. Any contacts? >> No. >> Okay. All right. So, the first exercise that we're going to do is I'm going to go ahead and check your eyes, Is So, give me 1 second here. All right, so I'm going to check your eyes. Keep your head still. So, if you want to just step forward for me a little bit. If you could step forward for me. Okay. All right, so I'm going to check your eyes. Keep your head still. Keep your head still and follow the stimulus with your eyes only. Do not move your head, okay? Do you understand these instructions? >> Yes, I do. >> Okay, and if you could do me a favor, if you want to stand with your heels touching together. Perfect. So, the top of my pen is going to be the stimulus, okay? So, what I want you to do is just follow with your eyes only. Do not move your head, okay? Do you understand instructions? All right. Keep your head still for me, okay? >> Before FSEs, the officer read Miranda rights legally optional at roadside per Berkemer versus McCarty, 1984. That choice was consequential. Once Miranda is given, any invocation of rights carries full legal weight. The subject stated clearly, "I want to speak to my attorney." This was an unambiguous invocation of the right to counsel. Under Davis versus United States, 1994, an unambiguous counsel invocation requires all interrogation to cease immediately. Officers acknowledge the invocation, then immediately continued with field sobriety exercise administration. Rhode Island v. Innis, 1980, defines interrogation as express questioning or its functional equivalent. Whether FSE administration qualifies as interrogation is actively litigated and creates real suppression exposure here. >> All right. Just keep your head looking forward for me. >> It's going to naturally tip her head up a little >> All right. Uh-huh. No. >> Not quite. >> All right. >> So look, so you're going to start with your left foot, okay? So start with your left foot on the line. Now, so put it on the blue line. There you go. Now your right foot is going to be in front of your left foot. So put your right foot in front of your left foot. There you go. But don't move your left foot, though. >> Okay. >> I'll show you right right next to you. >> All right, so So look look at Officer Mom. >> I can talk to you? >> I'm sorry. This is so embarrassing. >> It is. What What can I Can I What's your first name, ma'am? Let me come back here to the actual start of the line here. >> It is >> And I'll show you right next to you. >> Okay. >> Whoop. So don't fall now. Let me come over here. >> Not because you're telling me, but it's only cuz you're nervous, like >> I got you. >> No, I We understand. >> to make it as safe as possible for you, okay? If it does become unsafe at any point, we're going to stop it. >> Year's. >> It is New Year's, yes. So what we're going to do for you is this. Like Officer Dornow was explaining, we're going to have you put your left foot on that line. Just like that. I'm going to show I'm going to walk through it with me, okay? So your left foot's going to be on this line like this. >> like a modeling. I have to model like >> If you want to think of it like a If you want to think of it like a runway walk, well, think of it like that. We're going to put our left foot >> at modeling. >> Well, I hear you. So, your left foot's going to be on the line like this, right? >> imagine the worst. >> Your right foot, look, is going to go right in front. Just like this. So, don't move your left foot, though. You see how I'm standing? So, just like how I'm standing, okay? Now, we're going to keep your arms down to your side. All right? And then what we're going to do is we're going to explain the rest of the exercise to you, okay? And then Officer Adorno is going to show you how to do it before you begin. That way we can give you a fair opportunity. >> All right? All right, go ahead. >> Okay. One foot on the line. >> like already I'm not going to pass the line because I >> Nope. >> I'm going to be honest. I did have a couple of drinks with my friends before prior to driving. >> Okay. >> And I just wanted to drop off a gift >> Right. >> for my friend. Somewhere that she lives around this area. >> Mhm. >> And this accident happened to happen somewhere in this area. >> Right. I understand. I understand. So, so let's finish >> It really happened to be me in this accident. Okay. >> Okay. >> Promising you my best in this >> And that's all we can ask for. >> Everything comes down. >> So, just try your best. That's all we want, okay? So, I'm going to go over the instructions again, okay? So, let's step back on the line. So, let's let's put your left foot on the line and then your right foot right in front of it. Just how I am. >> I promise you I never saw myself in this position. >> I understand. I understand. >> But you know, I I had couple of champagnes before. >> Okay. That's that's fine. So, so we're going to we're going to I'm going to show you how the exercise goes. >> like against me. >> In front of it. >> A process. Like faster processes. >> So, no, the only pro- the only the only process is doing exactly what I'm I'm explaining to you, okay? Your choice. >> I do respect the procedure that you guys have to do. >> Okay, of course. >> Yeah, yeah. >> I don't want to spend all an hour or 2 years or whatever time >> Yeah, yeah, yeah. I got you. So, do you not want to do them? >> I would love to do it whatever amount it takes. >> Yeah, yeah. >> Thank you. I unfortunately it was probably not that time for me to be here. And I honestly I was here just to drop off the kids. >> I hear you. Right. I hear you. >> And you're doing your job. You're doing your job. Unfortunately, it was not the right time for me. I never had a ticket. I never had a parking ticket. I never had a speeding ticket. I never had any ticket in my life since starting even driving a car. >> Uh-huh. Right. >> Well, whatever you have to do until now, whatever you have to do. >> Okay, so >> want to get home. >> Right. >> Whatever risk that I need to take for this person to get whatever resources or >> Of course. So Right. >> I had a I know I had accidents in the past. >> Mhm. >> And I need to get a lawyer's or all the things that I need to get on my own behalf. >> Uh-huh. Right. Okay. >> I know this person is they will do the same thing as well. >> So >> So, if I do >> So, I I understand what you're saying. So, what we're asking of you is this. Okay? What we're doing right now is separate from the crash. Yes, it evolved from the crash, but it's it's a separate investigation. Okay? So, that's why this person left because now they have no nothing they have nothing to do with this anymore. The crash involved the two of you, absolutely. That's a whole separate incident like we've explained to you in the past. It's a whole separate thing. Okay? But now as far as this, this is this is a this is a you this is a DUI investigation. This is only a single person's investigation now. Okay? That's why we're doing this. >> very honest with you. Maybe I did have a wine before I left my house because I was lying definitely not leaving my house. I want to join my peaceful life in my home, but I probably just wanted to leave that little Oh, I want I want to leave a gift for your new home or you're heading somewhere in this town. >> Somewhere in this town. >> Which I'm not even town party. >> Right. >> I mean, they can leave the gift in your home. >> Okay. >> I do If you want to see the gift, it's right there in my >> No, that's fine. It's okay. It's okay. I just wanted you to you Why don't we So, why don't you start start the instruction again for the walk and turn? >> but I'm I'll be honest. Probably the wine got me a little too much to be a >> Uh-huh. >> a little runnable. I don't know how to >> Okay. So, so what Officer Malik explained to you earlier, okay? So, if if I'm going to we're going to continue with the exercises because we want to get you out of here, you know, as soon as possible, okay? Just like you mentioned earlier. So, these exercises, they it's it's totally up to you. You know, if you don't want to continue to do them, then you don't have to. But because you haven't told us you don't want to continue, we're going to need to continue them, okay? So, I'm going to I'm going to >> had to tell you I don't want to continue. >> That's that's your choice. If you don't want to do them, then that's that's totally on you. Is that Is that something that you Is that something that you Do you not Do you want to do the exercises or don't? >> something that it's not okay. If if I made a bad to this person, okay, no, I don't want to do bad to this to to whoever I made >> Right. Right. So, so like Officer Malik explained, this has nothing to do with the tra- the the crash investigation. So, this right here has nothing to do with the person. We Like we mentioned earlier, we're conducting a DUI investigation, okay? Which only involves you. So, the other person, they have nothing to do with this. >> Yeah, and I could be honest with you. >> Right. >> Yes. I could probably I did have one or either two. >> Right. >> Which anyone could get me like so crazy cuz I don't I'm not a drinker. I honestly I'm not a drinker. >> Okay. >> a drinking alcohol. One or two gets me quick. >> Right. >> And I just wanted to one gift that I see right there. >> Right. >> to just drop off to my friends because it's New Year's. >> Of course. Of course. >> Yeah, I decided to come over and let me just drop off the gift. And that's when this happens to be and I'm like, "Okay." >> Okay. So >> my responsibility. >> Right. So so what I'm going to have you do because you have an advice is that you do not want to do the exercises. Yeah, so let's let's let's let's finish this exercise which is the walk and turn, okay? So if you can step on the blue line for us, please. So so we could continue with the exercises, okay? So I'm going to go from the beginning. All right. So I want you to put your left foot on the blue line which you have right now. And then your right foot is going to be in front of your left foot. >> Do you have water? I need water right now. >> We can't we can't do water right now. No. No, we don't we don't have any water to to give out. All right. So your right foot is going to go in front of your left foot, okay? So I'm going to I'm going to line up just with you. I'm going to line line up with you right here, okay? >> But I have high heels. >> I'm sorry? >> Do you see I have high heels. >> Okay. I understand that. So are you comfortable in the high heels? We we asked you that earlier. You're comfortable in them, okay? So like I mentioned before, you're going to take nine heel to nine heel to toe steps on the blue line, okay? You're going to count out each step while you're stepping. All right? So it's going to look like this. It's going to say one >> All the way to nine. >> two. Don't start until I tell you to, okay? So just stay in the starting position. >> Because it's harder because I have high >> You can take them off. >> Yeah. So we asked you earlier if you want to take them off, please. >> When you're completed, do you feel you're completed with the exercise? Just keep going, okay? All right. You can begin whenever you'd like to begin, okay? >> One. >> Missed heel to toe on three. Missed heel to toe on four. Missed heel to toe on five. Missed heel to toe on six. Missed heel to toe on seven. Missed heel to toe on eight. Missed heel to toe on nine. Used arms for balance on nine. Improper turn. >> I think I'm doing it. >> Right. Do you feel like you're completed? Okay, if you feel like you're completed, we'll we can go ahead and So, that completes the exercises. Um if you want to do me a favor and if you want to walk over to our vehicle, go ahead and just face the vehicle for me. Go ahead and place your hands behind your back, please. Place your hands behind your back. Uh behind behind your back. There you go, this way. >> The subject made three spontaneous admissions to drinking before driving without being directly asked. Voluntary unsolicited statements remain admissible under the Fifth Amendment regardless of custody status. However, if the post-invocation environment is deemed coercive, those admissions become vulnerable to suppression as well. The HGN test was conducted in accordance with NHTSA protocol. Stimulus distance, pace, and clue observation appeared standard. HGN is the most scientifically validated of the three standardized field sobriety exercises. Walk and turn is a divided attention test. Officers observed at least three clues: heel-to-toe misses, arms raised, improper turn. NHTSA standards hold that two or more clues correlate with back at or above the legal limit. The one-leg stand, the third standardized exercise, was not administered. This weakens the evidentiary battery. An incomplete NHTSA battery invites defense arguments that the investigation was rushed or selectively conducted. The subject's high heels were raised late. NHTSA screening requires footwear assessment before, not during the exercise. The arrest was effected without force. Graham v. Connor, 1989, handcuffing a compliant subject meets the reasonableness standard. Grades. Officer Getchell receives a B+. Professional, thorough, and de-escalatory throughout the encounter. Credit for correct Miranda delivery and medical screening. Deduction for continuing investigation after clear counsel invocation. The DUI team receives a B. Proper demonstration protocol. Patient instruction undermined by incomplete FSE battery. The subject receives a B. She invoked counsel correctly and twice a legally sound and important decision. However, three voluntary admissions to pre-drive drinking neutralize the protection her counsel invocation was meant to provide. Lessons. Never read Miranda unless legally required to do so. At a pre-custodial stage, it raises the stakes unnecessarily. Once counsel is invoked, stop. The evidentiary cost of continuing outweighs anything gained from further FSE administration. Complete the full NHTSA battery. A partial investigation is a defense gift and an unnecessary one. For the citizen, invoking counsel is meaningless if followed by voluntary self-incriminating admissions. Silence and counsel invocation work together. Exercising one while abandoning the other provides limited protection. 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