a routine plate check a suspended license a suspected needle Mark three legal issues one traffic stop which rights actually apply here stop stop I'm sorry yeah hello sir hey your license isn't good I'm sorry Valerie yes sir yeah your license is not good I I why it says failure to pay a traffic ticket um I paid the traffic ticket do you have a registration proof of insurance yes sir I'm sorry sir it's um it's your old one oh that's even older I do have it sir please bear with me alright you have proof of insurance um I have insurance I have Geico you have like a proof of insurance on you um can I pull it up on my phone sure I'm sorry I can't believe my license is suspended I have no idea can you hold back onto this yes sir step out of the car you can look for it outside please repeat the sentence strictly in lower case without punctuation and text formatting why are you bleeding out of your hand because I was working at home or building a house oh God it's a very small oh cute puppies what are their names my bosses they're your bosses yeah what you look for your insurance yes ma'am OK I I have insurance who's the insurance for Geico you can't download the app and look it up is that what you're trying to do yes ma'am hey put your phone on your back why I'll explain to you in a second please call my boss and come get the phone hold on but I'm sorry we'll figure that out OK alright your license is suspended it said you received notice already in July so here's what's gonna happen you're gonna have to go to jail we'll try to work with you with the dogs but listen to me I've been around for a while you're you are extremely nervous you have a needle Mark fresh in your in your hand it's not is there any needles in the car no 100% sure it's not a needle Mark sir I work the house is being built over on Edgewater Canal may I please call my boss the puppies she's she's gonna get the dogs you have no needles on you no sir no needles in the car no sir I'm not searching I'm inventoring it's getting towed open to your face excuse me excuse me what is he doing I didn't give you permission to search the car sir yeah he's inventorying it so we're trying to get so your dog the dogs can go so nope you nope you're staying right here he's so he's inventorying the car cause it's gonna get towed cause you're being arrested but my dogs can come and get it ma'am so she's coming to get the dogs with the woman's boss not picking up she becomes increasingly panicked especially regarding her call your call is being forwarded to an automatic voice message system 4 0 7 7 your call is being forwarded to an automatic voice message system please please just be cool we'll answer please don't you have a a guy that you live with yes you're not home I'm calling that's who you're calling who else are you trying to call can I call my lawyer who what who's no not yet I'm arrested I'm getting arrested you have to come and get the dogs they're in my car he pulled me over and he's looking through the car Rob please come and get it I'm in all these parking lots so he can get the dogs not the car her license her license is suspended so um you can come get the dogs but not the car the car's getting towed can I please have the water inside the car I'll get one second we're in the the Aldi parking lot right across from Home Depot where you where is she going she's gonna go to jail to what what what's jail the lush county branch jail call my lawyer Rob okay what's the number about send me the number I'm in handcuffs Rob I it's the defense group oh I okay I don't know if I can I'll find it yes alright you so you're heading this way how long will it be okay I'm in I'm at four hours right now okay yeah we got an animal control guy coming if the record gets here before him we can put him in the the dogs in the temporary kennel in the in the truck and you can come pick up the dog OK I'm on my way but I'm in for the way OK that's fine yeah you got some time you got like I'll go right now alright can you please wipe my eyes with what my shirt yeah you can wash your shirt up Mama sent me to do I excuse me there's needles all on the center console I didn't give you permission to search the car I'm inventorying your I'm telling your vehicle that's policy so you can sit here we can play games back and forth and all the stuff I've been doing this for a long time it's apparent that you just shot up dope and you're driving around my city it's completely unacceptable looks like you failed to pay some type of ticket so it's telling me said they gave you notice I haven't been home I've been out here now haven't you been to court no I haven't been to court my lawyer goes to court I haven't been to court alright so since he's rushing I'm searching you do you have anything on you that will stick and poke me anything inside of you no okay and then is there a bottle of water in there yes ma'am OK is there a water in there that she can have a sip of or I'm sure I'll find it I'll find it if I get stuck I'm gonna be there's nothing on me unfortunately we've already uh we've broken trust you took a long time to stop and was fucking something so just heads up do you want these passes to stay in the car yes please there's something you you have nothing on you right you go to the jailhouse it's gonna be I don't have anything on me have we got off to the right on the wrong foot I understand you don't want to get in trouble but OK I'm gonna fix your hand OK I can still fit my finger in there but I'll loosen it up a little bit but I can fit a finger in there first we're gonna get this I think I want more than that how many you got I need we're gonna go sit in my truck OK I'll roll down the window so if he has any more questions so that'll be when you get to the jail how do I hmm I got you OK I'll roll down the window so it's not so hot can police go through your car without consent when it is being towed most people get this wrong does a visible suspected injection site alone meet the legal threshold for DUI or does the law require more than what an officer sees when a suspect asks for a lawyer mid arrest does questioning stop immediately the answer determines what the prosecution is legally allowed to use issue 1 the traffic stop Florida Section 322 34 driving while license suspended is a criminal violation regardless of whether the driver had actual knowledge of the suspension notice sent by mail is sufficient to establish knowledge under the statute knowledge of suspension elevates the offense from a civil traffic infraction to a first degree misdemeanor under Florida section 322 34 maximum exposure up to one year incarceration issue 2 the Inventory search South Dakota v Opperman 428 US 364 1,976 when a vehicle is lawfully impounded officers may inventory its contents as an administrative procedure this is not a Fourth Amendment search consent from the owner is not required and cannot prevent it only constitutional Protection available to the vehicle owner officers must follow standardized departmental written policy without that policy the inventory becomes an unconstitutional warrantless search Colorado v Bertin 479 US 367 1,987 evidence found during a valid inventory search is is admissible in court under the Plain View doctrine policy compliance is the deciding factor issue 3 DUI probable cause Florida section 316 dot 193 DUI is defined as operating a motor vehicle while impaired by alcohol controlled substances or other intoxicants to the extent that a person's normal faculties are impaired Terry v Ohio 392 US 1 1,968 probable cause for DUI arrest may be established through the totality of circumstances as observed by a trained officer at the scene direct observation by a trained officer carries significant legal weight normal faculties under Florida Section 316 dot 193 are defined as judgment reaction time balance vision and the ability to safely operate a motor vehicle first offense DUI penalties under Florida Section 316 dot 193 incarceration up to six months fine up to 1:00 license suspension six to 12 months mandatory vehicle impoundment mandatory DUI school substance abuse evaluation and probation up to one year aggravating factor concurrent driving while license suspended charge under Florida section 322 34 may increase penalties pending on the subject's prior suspension and criminal history issue 4 right to counsel's Miranda v Arizona 384 US 436 1,966 once a suspect in custody invokes the right to counsel all interrogation by law enforcement must cease immediately Edwards v Arizona 451 US 477 1,981 police may not reinitiate questioning after a right to counsel invocation unless the suspect themselves voluntarily reopens communication legal lesson once paying a traffic fine does not automatically reinstate a suspended license Florida law requires a separate reinstatement process and fee driving without confirming reinstatement creates criminal exposure legal Lesson 2 objecting to an inventory search carries no legal weight demanding consent is irrelevant demanding a warrant is irrelevant the only available defense is whether officers followed their own written policy the DUI charge here rests entirely on officer observation no breathalyzer was administered at the scene under Florida law is observational evidence alone sufficient to sustain a conviction the inventory was conducted over an explicit verbal objection department policy was cited but never explained to the subject if the policy was not strictly followed can the evidence be suppressed at trial the right to counsel was invoked mid arrest did all questioning legally stop at that exact moment what the body cam captured after that invocation may be the most critical evidence of all charges are filed the legal process is just beginning the footage shows what happened the law will determine whether it was lawful what does the evidence actually prove and where does it fall short