How's it going? >> Who you got up there, officer? >> Hey, I'm Deputy Neil with the Rabun County Sheriff's Office. Uh you're driving around without your headlights and tail lights on. >> Oh my god, I'm so sorry. I'm sorry, I had no clue. >> Uh is that like a rental vehicle or something? Okay. >> that. >> Where are you coming from? I see the Massachusetts tag. >> Um I'm from Sevier County. My aunt lives in uh Anderson. >> Okay. >> Well, Anderson County, I guess Hilton to where they live. >> All right. >> Yeah, just came down to see my cousins and see everybody for >> All right. You got your driver's license for me? All right. Tennessee. Weird, I've never actually seen one like that before. >> Yeah, it's the new real IDs for for Tennessee. >> Tennessee? Okay. >> the regular ones are all white stuff, yeah. >> All right. Well, I'll be back in a second. Hey, Baughman, do you have the rental agreement for this car? >> Yeah. Let me Um yes. It's probably over there. It's probably in the in my I was cleaning this car out the other day. It's probably in the bag. >> Okay. Do you mind hopping out and trying to grab it for me? Did you rent it under your name? >> Um no. >> Somebody else rented it for you? Okay. >> He's just wanting the rental agreement. Yeah. >> Are there any firearms in any of the bikes? >> No. >> Okay, go ahead. >> There are no weapons, there are no nothing there. So, I was just cleaning my stuff to return it the other day and I came >> How long have you had it? >> Um week and a half now? >> Okay. >> Yeah. >> I got you. >> I'm going to check back here. I I know what it is. Here, but just the bag. It's got to be in this bag back here. It's got to be back here. >> Okay. That's $29. >> Mhm. >> Okay. Are you on the phone with the person that rented it? >> No, not this time. >> Okay. >> You want me to call him now? >> Well, I mean, I was just wondering if you were on the phone with somebody. I didn't know if that was the person that rented it or not. >> No, yeah. My email? No, that's No, it's brother, though. >> Um >> All right. >> Let me um Let me see if I can get a hold of Zack, even though I don't know what the hell Zack is going to have a copy of it. >> So, I might get a hold of the person, but he ain't going to come >> When you try that? >> I mean, it's Okay. All right. Let me uh Let me call Zack. I'll I'll give you a call back. >> All right. All right, before you call Zack, do me a favor. Let me see your phone for a second. I'm going to set your phone down right here. Put your change in your back pocket for me. >> All right. >> What? >> I have an outstanding warrant. >> You got an outstanding warrant for your arrest. When was the last time you checked in with probation? >> Um I filed my my thing with this beginning of the month. >> All right. What state do you have probation in? >> Tennessee. >> Tennessee. All right. Hold on 1 second. Since you're in handcuffs, okay, you're detained until we can 100% confirm this warrant and everything, okay? Since you are in handcuffs, you have the right to remain silent. Anything you say can and will be used against you in the court of law. You have the right to talk to a lawyer and have a lawyer present with you while you're being questioned. If you cannot afford a lawyer, you want to be appointed to represent you before any questioning, if you wish. You can stop at any time to exercise these rights, not answer any questions, or make any statements. Do you understand these rights? >> Yes, sir. >> Okay. So, you said you're on probation. Are you willing to talk to me without a lawyer? >> No, actually. I don't know what's going on. >> So, you don't want to talk to me? >> If you Yeah, if you don't mind, I'm >> Okay. That's fine. >> It's kind of wild. >> All right. Go ahead and have them have a seat in the back of your car till we get through with it. I have not >> searched him. >> Okay, we're going to have him get in the back. All right. We're going to go to this back door. I'm going to pat you down real quick. Do you have anything in your pockets that's going to stick, poke, or prod me? No needles, no knives, nothing like that? >> I might have a knife. I don't think so, though. >> All right. That feels like paperwork or money. All right. So, we're just going to figure out what's going on with this When I ran your driver's driver's license you came back go ahead and just have it I'm just shining them a light so you know what's happening. Head. All right, yeah, when I ran your driver's license you came back as wanted for probation violation. Um said that you were on probation for sale of marijuana. So, we're just going to try to figure out what's going on with that. All right. So, just watch your knee make sure your knee ain't sticking out hit it with this door. All right. So, dispatch said it was for probation violation for sale of marijuana and it was full extradition. Which seems knowing probation violations aren't full extradition, but Well, >> now that you say that I I thought I kept catching small hints of marijuana coming from the car but a lot of holes that's sure. But, I'm going to pull the my car over here I'm going to run the dog. >> Yeah. Our dispatch said and and again like you're voluntarily speaking to me without the warrant. Yeah, okay. So, from what our dispatch relayed so far showing that you were on probation for for sale of marijuana and that you're in violation of that probation and that you have an outstanding warrant. So, we're just trying to confirm all of that. Like I said you're not under right now you're just being detained until we figure all this out. So. What's going on? >> Lock down get down alert positive. Um so, third party rental doesn't know who rented it can't come up with the rental agreement. Open up the center console there's a blue bank bag in the center console huge. Soon as he opened it saw it shoved it back down. Went to the back to look for a bank bag there's two square duffel bags sitting in the back seat or in the back. >> No, put them up we're going to get we're going to get real deals. >> He opened it up also in one of the duffel bags that he did open up, another large blue bank bag. He's on probation for sales. >> These are both his other phones? >> The blue one is one he's actively using. The one in the case was found in my left duffel bag. >> All right. >> He claims it's all of his stuff. He claims it's all of his. >> Yeah, all car, they all they all have his name on them. >> All right. If that's the case, I would take and if they're all his, go ahead and put them back in the vehicle. Is that an ID or what is that right there? Is that a VA card? >> Yeah, he's got a lot of Navy Federal stuff. >> All right. All right, standby with him. >> Yeah, you can step on out. >> I'm going to go right here back in my car right here, okay? Would you be willing to do some field sobriety tests to make sure you're okay and everything like that? Just run you through run you through a field a piece of sobriety test. It's completely up to you. You're just taking Okay. >> You can you can go back and go back and do whatever you want. >> Do what now? >> I can go back and go back and do whatever I want. >> Where did you get it? Uh >> I don't know where you got it. You can go back and go back and do whatever >> So, the field sobriety test is just to see if you is this to show if you're if there's any impairment there? >> The problem with that sir is you're the judge and you're the jury. >> Well, it's all on camera. We're not actually the judge and jury. The judge and jury is is separate. You go in and and testify to the judge and you go in front of the jury to make the final decision. We just do the test, okay? To determine if there's any impairment there, okay? So, just kind of give you a background on me, okay? I'm not just a a a deputy or or a PD. I'm a trooper for the State Patrol. I'm also a drug recognition expert, so I have a little bit of higher background than this Joe Blow on the side of the road, okay? So, I do I go a little bit in the in part of detail to see if there's any drug impairment or anything like that or any alcohol impairment. But not just alcohol impairment. I look for drugs, too, okay? Like drug impairment and stuff like that. That's part of That's part of what I'm I'm certified in, okay? Is is drug recognition expert. I'm certified and do tests. Possibly just by just just just by interaction, okay? Suspected. I I'm just suspecting. I don't I'm not confirming. The only way to confirm it is by doing tests, okay? So, that's just why I asked you is is completely voluntary up to you whether or not it's approved whether it's approved with me whether or not you are impaired or you're not impaired, okay? Based on the test. If we don't do the test, all I have to go off of is is basically what I see. So, that's that that's that It gives you the benefit of the doubt if you do the test, but I can't make you Okay. Um but it gives me a idea whether or not you're impaired, okay? Okay. All right. So, I'm going to take these cuffs off of you. We're going to We're going to run through some field sobriety tests and then we're going to do some additional tests on you, okay? Yeah, it's it's field sobriety tests and there's some other tests that um I'm certified within uh as a DRE as a DRE expert, okay? Drug recognition expert. It's a little bit more than just field sobriety, okay? You can elaborate on that. Yeah, like finger to nose, uh >> That's not field sobriety. >> It's not field sobriety. Field sobriety test is walk walk and turn, horizontal gaze nystagmus, and one leg stand. That's field sobriety test, okay? You're good, sir. All right. You can put your hands down. Do have any injuries your legs anything like that any injuries to your any any part of your body plantar fasciitis shoulders so you have trouble walking and stuff like that I can walk you can walk fine do you have wear glasses contacts you don't you have any head injuries what's okay when did you have that I got it in 2000 2008 it was just a it just spontaneously happened in service okay were you in the military okay so it's while you're in the military does it affect your eyes or anything like that you got nystagmus that goes on or anything like that anything anything that you've been aware of diagnosed with anything like involved in your eyes hadn't say anything about it okay so what I'm going to do is I'm going to check your eyes real quick and I'll bring you through this regular physical body test just I'm going to go through some ARIDE which is Advanced Roadside Impaired Driving Enforcement is what ARIDE is that's that's additional to field sobriety and then I'm going to run you through some other evaluations that as a drug recognition expert you're able to train so what I'm going to have you do can you see my finger right here I want you to stare at my finger right here with your eyes and your eyes only keep your head still you got a like a body camera or something it's in it's right there in my car it's on right yep so whenever our lights turn on the camera turns on I have an audio mic right here that's recording everything we say >> my body cam is watching all this too I just want to make sure >> but that's why we're in front of my car so you're in front of the camera >> Stare at the tip of my finger and I'm going to trace the outline of your face a couple of times. I'm coming towards the bridge of your nose, I'm not going to touch your nose. Just follow the tip of my finger. Your eyes are eyes on me. Thank you. All right. Last thing I'll have you do, from here to in front of you, I want you to imagine a straight line out in front of you. Or if you want to use that line, you can use that line right there. Okay? So, put your left foot on that line, right foot in front of left foot, heel to toe. This right here. Arms down by your side. If you get out of position, just get right back in this position. Okay? Don't step out. Whenever I tell you to, we're going to take nine heel-to-toe steps down this line. Once you reach that ninth step, it'll be your lead foot. You'll take several small steps around your lead foot to the left till you're back on this line. Nine heel-to-toe steps back down the same line. I'll demonstrate, okay? So you can see, okay? So, for demonstration purposes, I'm just going to do three, but you're going to do nine. >> I really just want to see the the >> Yeah, yeah. Yeah, I'll I'll show you all that. Um just stay in that position for me, okay? In this position right here. >> Do I wait till we start it? >> You just have It's just part of the test. You're just required to stay in the same position. If you get out of it, like I said, you just get right back in it, okay? Um so, to start, when you I'm just going to demonstrate demonstration purposes like so. I'm just going to do three, you're going to do nine, okay? So, start in this position right here. One, two, three, and so forth till you get to nine. Take several small steps around that lead foot. One, two, three, and so forth till you get to nine. Once you look at your feet, you can take a step out there. Keep your arms down by your side, and do not stop until you're finished. Do you understand everything that I've shown you? >> Yes. >> Okay. All right. Now, turn back around for me. You can get out of that position, okay? Put your feet together for me. Arms down by your side. So, whenever I tell you to, the leg of your choosing, you're going to lift approximately 6 in off the ground like so. You're going to lift down your foot kind of loud 1,001, 1,002, 1,003 and so forth until until I tell you to stop, okay? You put your foot down, you bring it right back up and continue counting. Okay, so you do 1,001, 1,002, 1,003, put your foot down, bring it right back up, 1,004, 1,005 and so forth until I tell you to stop. >> Sir, if I drop I I drop it >> No, if you drop >> Okay. >> Okay? You'll lift it right back up, keep it approximately 6 in off the ground, level with the ground. The leg of your choosing, arms down by your side, legs straight. Count loud 1,001, 1,002, 1,003 and so forth until I tell you to stop, okay? Do you understand everything I told you? All right, I'll tell you I'll tell you when to begin here in just a second, okay? You can begin. >> I'll tell you what I see, okay? This looks like classic drug trafficking. Cash on him, uh first of all he's got a warrant for dope. He's going to a uh a town known for a large amount of dope trafficking. He's got a huge amount of cash, he's got a warrant for dope. Um he's talking about He said those bags weren't his, is that what he said? >> No, whenever he whenever we came up to the car, I asked him, I said, "Do you have the rental agreement?" He said, "No." I said, "Who rented it?" "I don't know." So, you don't know who rented the car? No. How long have you had it? Uh roughly a week. I said, "Well, you look see if there's rental agreement." We popped open the center console and that's where that huge bank bag was. Shut it right back. And then came back here and he had those duffel bags were like sitting square and he like peeked through one a little bit. I noticed another bank bag and he was like, "Oh, I don't have it." Still can't tell me who he rented the who rented the car. >> Yeah. >> Um roughly 9,000 cash and 30 amphetamine pills. >> Warrant for dope out of Virginia for dope I'm the Marshall Service. I'm by the Marshall Service. Yeah. He's got federal He's on federal probation. >> So >> Yeah, he's going back up to Asheville and he has a Tennessee warrant. >> Do you know anything back about the probation? >> The warrant? >> Yeah. >> Yeah. >> 625 dispatch >> The warrant? >> 625 dispatch, we're all 10-4, go ahead the way 30. Yeah, they >> 10-4 the way 30, 2319. >> Yeah, and it's it's out of Virginia, not Tennessee. And it's from the Marshall's office. >> All right. >> Next thing I'm going to Next thing I'm going to have you do, what level of education you got? GED, college? GED, okay. So, I'm going to have you do I'm going to have you close your eyes. You're going to count to 30 in your head. Okay? You're going to tilt your head up toward the sky. When I tell you to, that's when you'll start counting. >> Okay. >> Once you get to 30, I want you to say stop. That way that tells me to stop to stop stop the car once you reach 30. >> Okay. >> So, I'm counting in my head at what point do I count out loud? >> You do not count out loud. Count in your head. >> Okay. >> Internally. >> I'm confused by the directions. >> Yeah, so what you do is you'll close your eyes, you'll count in your head internally, you'll count to 30 up to 30. Okay? >> So, when you're done? >> Correct. >> Okay, that's all right. >> Yeah. You tell me when you're done counting. Once you reach 30, you say stop. >> Okay. >> But when I say start, that's when you'll start counting. I'll tell you I'll tell you when to start, but once you hit 30, you'll say stop. Okay? Once you get to 30, you understand? Close your eyes for Okay. All right. Next thing I'm going to have you do, hold your arms out like this right here, index fingers only. Keep your index fingers out. Whenever I tell you to, you're going to close your eyes. I'll tell you left or right. Your left, your right, okay? When I say left, you're going to bring your left index finger tip of your left index finger to touch tip of your nose, bring it right back down. If I tell you right, you will bring the tip of your right index finger in arc of motion touch the tip of your right index finger to the tip of the nose, bring it right back down. Okay? You'll do this while keeping your eyes closed, okay? Do you understand everything I showed you? >> Yes, sir. >> All right, close your eyes for me. All right, you can relax. Last thing I want to do, I'm going to have you lean up against my bumper. I just want to check your pulse real quick, okay? You don't have to just lean up against my bumper like this. I'm just going to check check your pulse. >> All right, they're sweeping up there. >> Easy. >> Looking like I'm uh Looking like I'm going to jail. >> All right, that's what I'm going to do. I'm going to have you stand back here, kind of away from the wall, So, I'm going to have you kind of lean up right here against my car. I'm going to have you kind of stare stare off this way up kind of a little bit elevated, okay? Up near the sky. I'm going to check your each pupil out with my flashlight, okay? So, kind of like see where those line these lines in the middle right here? I want you to stare at those lines up there in the distance, okay? What I'm going to do is I'm going to go I'm going to check each eye and I'm just checking for pupil reaction to see how your pupils are. >> So, I'm just going to keep staring kind of at the sky and those those power lines in the middle. >> Yeah, just power lines in the middle and you just stare straight and I'm just going to check each eye, okay? I'm going to bring the light into your eye and I'm only going to do that for a few seconds. I'm just checking for pupil size. And so, what I'm going to do I'm going to have go I'm right over here doing this every week. I just want to get right in front of my car. Place my car right here for me. Put your hands behind your back, can you, okay? Put your back to the cuffs. So, at this time I do believe that you are showing some signs of impairment, okay, based on all of the tests that I did, based on totality of it. Okay. >> Well, I know you don't have to read it to me. You're allowed to talk. What about >> So, it's based on the totality of everything that I see, okay? Deep breath action. Your your heart rate. >> Yeah, my heart rate at the moment is at >> Time and perception issues that I see. Off Time and perception issues that I see, as well as during the test there was several There was several clues that I saw during the test that lead me to believe that you're impaired, okay? >> Like what? Like they're not completely I mean you said I mean I just I stumbled on the line. >> So, you you did do the test, but it's not a pass or fail. It's just Is there signs of impairment during the test, okay? >> Which is why I didn't want to take it cuz at the end of the day you're the judge. You just judged wrong. >> Okay. >> 100%. I know I can't argue. That's why people shouldn't take the test. It's crazy. >> So, how old are you, sir? >> 38. >> 38, okay. I'm going to read you the implied consent as well as the implied consent 21, okay? All I need at the end of this is a yes or no. Okay. >> I I I've already >> Well, I'm going to I got to read it to you by law, okay? State of Georgia conditions your privilege to drive on the highways of this state on your submission to the state administered chemical test of your blood, breath, urine, or other bodily substances for the purpose of determining your alcohol influence of alcohol or drugs. If you refuse this test, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year if your refusal to submit to blood or urine test may be offered into evidence in court. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your driving driver's license or privilege to drive on highways of this state may be suspended for that period of time. At first you make a clear request to take test, you are entitled to additional chemical tests of the blood, breath, urine, or other bodily substances at your own expense from qualified personnel Please submit to the same chemical test. State of Michigan will test your blood or urine. >> Yes, sir. >> I want to take the blood test. >> Okay. All right. He's going to take you over to his car, okay? >> I'm going to put that the light bar here. >> Another thing too, okay? You You do have You do have some warrants for your arrest as well, okay? >> Yeah. >> So, that's another thing too why you're in handcuffs, okay? Um >> I mean At this point it's over. I mean, it's done. I'm just letting you know between me and you, buddy. No. >> Okay. >> Not nothing. Not not not a Not a toke of a joint. Not even smoke a cigarette. >> Okay. Well, I mean, you have you have rights of your own opinion, okay? And then [clears throat] I have rights of I I have everything that I base everything off of, okay? So, I'm not saying that you're lying. I'm not saying that you're telling the truth, but you But I'm just saying you have the right to believe what you want to believe, okay? And I have the right to believe I have the right to believe every the totality of everything that I see, okay? >> You were here tonight too, though. You did. But it's okay. I mean, it's it's >> Watch your head. Yes, sir. You're my guest.