During my years with the LAPD, I ran more traffic stops at I can count. This video is a textbook example of how one sharp observation can turn a routine stop into a solid felony arrest. Take a look. How you doing? Can you roll your window down, please? License, entrance, registration. Reason pulled over cuz when you come out that store at 7-Eleven, you have to make a complete stop at the stop sign. Okay? You just can't you can't roll it. You can't go past the stop bar. Okay? Okay. And also it looks like your tags are expired of 524. Of 524. Yeah, that's what it looks like on the back. It's just stickerous. Do you have anything else that says that it isn't? Yeah. Can you look for the insurance registration for me? It's on my phone. Can you or not? Yes. It's on my phone. So yeah, this is a expired 52 2024. We literally just we got pulled over for the headlight recently. Okay. And they never said anything about that. Whose car is this? It's on the I can't hear you, buddy. It's on your mother's name. Okay. Do you have a ID on you or a license? Not on your phone. Yeah. Can you do that for me? Uh Olivia, is that correct? When's the last time you had a ticket or warning? Uh ticket for the headlights. I got a ticket. It was about a week ago. About a week ago, but they told me that I could um Did you get that taken care of? I haven't ordered. So, everything should be valid. Everything should be good with your license. No problems, no issues, right? Okay. Give me two seconds. Hey, do me a huge favor. Um, I always do this. I have K9 coming cuz I do this all night long. I'm in an undercover vehicle. So, if you guys can drive to the vehicle, just step back here while the um dog comes over here. Okay. Don't grab anything. Don't do anything. Don't leave anything crazy. Just come on out. Should I leave my purse? Yeah. Leave everything in there. You need to close the door for me. Wait, why do we have to get out the car? Cuz the dog's going to come The dog's going to come search your around the vehicle. That's why. But why do we have to get out the vehicle? Because you can't be in the vehicle when the K9's doing it cuz you're a distraction. No, but why is what the question is is why is keep out your pocket. Thanks. The question is why is K9 going around? It's just why? Because this is part of my job. This is what I do all the time. Okay, let me kind of explain a little further about what the deputy just said. Look, in other videos I've talked about the two US Supreme Court cases that covers the dog sniff of the exterior of the vehicle. One of them is Cababes and then the other one is Rodriguez, right? Cabis talks about that it's not an intrusion of your fourth amendment rights, right? Search and seizure. And Rodriguez talks about the duration. In other words, you can't prolong the stop and wait for the K9 to come to do the dog sniff. Okay. So, that's what we got going on. It seems as though that there's something fishy. If you're asking me if you understand that what you're asking me why you say like if there like see you smell something what I can't no if I smell something then I would have went ahead and searched the vehicle right but that's just what I do so just hang tight let me finish do can I go I'll do my job real quick you got any other questions I mean I just I just didn't know that cannot go through the vehicle okay that's fine unless you want to declare something now and I can I can cancel them you got anything illegal in the vehicle no weapons no drugs nothing like that right no give me a second so I just looked around your tags, your registration is good, but you need what you need to do is um she said your mom, right? Yeah. Is that correct? My mom. So, what you need to do is have her send you the uh the tab. Check the the yellow tab. Yeah. Okay. You guys got anything illegal in your vehicle around you or anything? No signs or nothing? You search it? I don't know. I don't even know why we got pulled out of the car. No, but I don't know why we got pulled out. That's a normal thing. You can all be especially at night. You can't even see into the park, right? Two of you. One of us, right? So, we can watch you over here. My goodness. It's like she was gas. I didn't see the stop. Olivia, so I didn't write you for like not providing the the current registration, all that stuff. She going to have one right now. Okay. Just just for this stop bar. You have to stop and then go. Not even close. Not even close. I have toothp what was like coming out the car when she was asking like I never my girl's cold. I never been pulled out the car. I I'm We got food over. Okay. Hey, Brian. Just hold on a second. Yeah. Yeah. Yeah. We're good. Okay. If you don't take care of 30 days, let's open your license. Cool. Yeah. Do you have any questions for me? Um I do know I I canceled K9. So, I'm going to let you guys ride out. Yeah. Yeah. You're good to go. You're good to go. Okay. Okay. Thank you. Does that look like pills in a plastic bag? Babe, I said I can't stay. Hold on. He said we're good to go. Oh, just hold on one second. What's in the plastic bag right there on the floorboard? Huh? What's in the plastic bag? What? What's it called? Looks like pills in a plastic baggie. They should take Okay, go stand over there for me. Come here. I just change this thing. So, you can turn around. You can watch them. They're going to Hey, if it's in plain view. Hey, if it's in plain view, then we can take it. You understand what I'm saying? If you have Why don't you uh get your phone and take a picture before? No. Go grab it out of the car. And if you have Hang on, listen to me, dude. Pay attention. If it's in your pill bottle, then that's one thing. But if you have something inside of a plastic baggie, then for us that that's not prescribed because it's not in the pill bottle. You feel what I'm saying? I just don't understand. Well, we're going to fight figure it out, my man. Be cool. You got pulled over for a legit reason. Okay. So, as you can see, there has been more development as it relates to this infraction. Now turns into a full-blown search. Okay. We see these pills that perhaps belong to him or not. We're about to find out. However, let me kind of explain to you what this plain view doctrine is. Look, as long as officers have the legal right to be there, which they do because of the traffic stop, and you can see it in plain view, meaning nothing really obstructs your view. You can't move stuff to say, hey, you know, there's paraphernelia or um evidence of a crime, right? Whatever that may be, objects, paraphernalia, contrabat, etc., etc. and it is apparent to you that it could be drugs, right? It could be illegal for you to have or possess. So, that's what we got going on. Anyhow, if you were wondering about the plane view doctrine, there you have it in just a second. Okay. I'm not going to let you go. No, I'm saying before they move. I'm not going to let we're going to take pictures of it. We're not going to allow you to go behind a deputy that photo before. Can you take a picture of it? I'll go look. I'll go run them real quick. I'll go look them up real quick. This is a prescription bottle here, too. I'm not sure what they are. I'll look them up real quick. But this was also on the floorboard. Do you know what those are in the bag? No. No. You don't know what they are? What is it called? I have a I have a tooth tooth with and and we we take anti anti has a prescription for it. Okay. So, what's in the plastic bag? He has a prescription for it. Her mom's got a prescription. I'm not talking about your mom, her or her mom. It's in your vehicle by your feet. That's what I'm asking. Why? What is a prescription medication by your feet? There's a tab. There's a bottle. He just showed you time out. Two door. So, there's a bottle. Yes. If it's prescribed to you, you're good to go. Right. No problems. No issues. But a plastic baggie is not a Can you It's not none of that stuff. So, what we're asking you is what's in that bottle? Oh, I'm sorry. What's in that plastic bagging? I I don't know, sir. You don't know what's by your feet? See exactly what's behind my feet. Got you. We're going to wait a minute. You're going to wait. You're going to wait a couple minutes to see what it is first. Okay. We're going to see what it is and see. He don't even know what it is. You see what I'm saying? So, why would I call exactly what they pulled out? Well, we just showed it to you, dude. I just showed it to you. I said, "Look right here." And you like you look right at it while he's right here. But I don't know exactly what they're talking about. All right. Okay. Have a seat. You don't know what the medication's name is. Oh, I don't even understand like texting each other. That's cute. No, I was texting my mom picture, man. So, oxycodone hydrochloride. Yeah, the circle one is oxycodone and hydrochloride. Yeah. So, that's al Brazil. Okay. So, that doesn't match any of those. And that is oxycodone is an opioid used to treat chronic back pain. What schedule is it? Oh, oxycodone go down. Is it a schedule? Let's go up. Go up. Right there. Schedule two narcotics. So, that would be a controlled substance. See the metaphan and hydroone schedule two. Where you guys staying at? We live right down the road. Shriek. Shriek right down there. I don't really know exactly the street. All right. What's your first name? Frank. Frank. All right. Come over here, Frank. I'm just going to read something to you. Just keep your eyes out of your pockets for me. Okay. You have the right to remain silent. Understand each of these rights. Am I Are you trying to arrest me? Is this Before we go any further, do you understand the rights I just with with that in mind? Do you wish to speak to me now and answer a question? I just want to know am I being arrested? I need a yes sir or no wants to ask you some questions. If you don't want to answer them, then that's on you. You have that right to not answer. So either it's yes or it's no. We're not going to answer questions that you're asking. We're just going to ask. Okay. So, you've heard me talk about Miranda warnings at seen on prior videos. If you're new to the channel, you know what? I did some research on this particular practice, which by the way, the state of Florida and other states do it as well. Okay. Now, first you need to know is that in order for you to give Miranda warnings, you have to have two things. You got to be in custody and you have to be interrogated. You can't have one or the other. It's got to happen together. You got to have both. Okay. Now, here we go. Now, the fourth district court of appeals in the state of Florida back in 2017, it's called the Davy State case. And this is what happens. A guy voluntarily walks into the station. Okay. The detective mirandizes him immediately before any questioning. The guy waves and talks, but guess what? The interview later turns confrontational and accusatory. Okay. So, here's what the defense says. They claim that once he became custody, right, custodial, interrogated, they had to remarandise and get a new waiver. The court said uh-uh they rejected that argument and this is what they said. They said that the initial waiver was knowing and voluntarily given and it carries forward. Okay. So the reason is that the person's not yet in custody is better positioned to make an intelligent waiver. Now the practical rule and the practice is officers don't have to guess the exact magical moment custody begins and gets readvised. All right. So the bottom line is you give an early Miranda plus a clean waiver remains valid even if the interview becomes custodial later. It's a yes or no question. So sure. Okay. All right. So I while you were talking to my partner, I could visibly see in plain view where you were sitting at the at the base of your feet a clear plastic baggie with white pills in it. Sure. Okay. What are those white pills? I don't know, sir. Okay. You don't know? I don't know. Okay. Why would they be at your feet in the car? I don't know. Okay. I don't know. I can't even drive. Okay. Why can't you drive? Uh, my license is not valid. Okay. So, you don't know. You got in the car and you're telling me they were already there? I don't know. The car is messy. Then she can't tell the car needs a car wash. Okay. All right. That there's a difference when I know when I get in my car what's in my vehicle. Okay. So, when I when you got into the car, what was at your feet? Was was there stuff at your feet already or I don't So, I don't know. I didn't even Okay. So, so I looked at the I looked up the pills and the pills are oxies. Okay. Okay. You don't know anything about those. Well, why they would be in the car and why they would be at your feet. First off, uh what's it called? I get prescribed uh oxies number one. Okay. Do you have a prescription in the car? I don't have a prescription in the car, but I you could check if I get prescribed. I can't check if you get prescribed. I'm not a doctor. But I did not know that they're in my car. So I don't You know nothing about them. So how do you know that they're oxy until we told you there was oxy. If I would have said, "Hey, you know what kind of medication you take?" Yeah, I take I take this medication. I know I take this medication, but you never said anything to that to that effect. That's why I know that you're lying. So if you would if you would when I asked you when was the last time you got prescribed it? I got discarded what, like 4 months ago? Okay. And so when's your when was your last refill? How many pills did you get then? That's the problem. You don't have your prescription with you. Do you have it on your phone? The prescription from Publix or from the doctor? Anything like that? If I find it, yes. What do you mean if if you find it? I'm going to call BS on that. You know what? If he just would have told the cops, look, you know what? I'm taking Oxy for my back pain. All right. Or for pain. I think he said he had a toothache or something like that. And I don't know, get on your phone and show their prescription. Or they should be. Exactly. you know, on a pill bottle, but you don't. And even if they find out that they're not yours, I don't know. Chances are you're probably going to still end up going to the Gray Bar Motel. If you give me time to find it, yes, I can find it. I'm going to give you 2 minutes. See, it's 9:00. How can I How about you going to call you? You should have your prescription bottle. You have to have it on you. When you get your prescription, you have And you're going to carry around a controlled substance. But that's not You're going to You're have to have it. It's not yours. No, that's what I'm trying to say. Those pills aren't yours, but they're by your feet. It's a two It's a two car. Well, look to see if you have your prescription on the apple. So, it's 2 minutes. Hey, so it's hers. So, it's hers. I let southern I'm going to read you your Miranda warning. You have the right may say against you in the court of law. If you decide to answer question now without a lawyer present, you still have the right to stop answering this question. What? Do you understand these rights are read to you? Not really. Not really. You have the right to remain silent. Anything you say can or will be used against you in the court of law. Huh? I'm going to read your Miranda. Can you I'm reading your Miranda cuz I'm going to ask you some questions. Can I hear you? Read them one more time. Okay. You have the right to remain silent. Anything you say can and will be used against you in the court of law. Do you understand these rights I've read to you? I think so. Okay. With these rights in mind, do you want to answer my question? I don't. He wants to ask you questions. So before we ask you questions, they're legally detained on the side of the road. Yeah. That's why he read that to you. So I want to talk to you about the pills, but I need to ask you if I don't know anything about them. Okay. Okay. Well, he's saying they're not his. So, obviously he's Well, it's not either. It's not either of our cars. Either you guys are either. You're driving it. Not his mom. Everybody. His mom's not driving it right now. You are. Yeah. No. So, I'm asking you, do you want to answer my questions? Yes or no? What pills are in that in that plastic bag? I have no idea. You have no idea. Is there anything else illegal in that vehicle? Cuz we're going to inventory and we're going to search it and we're going to if you find anything in your purse or anything like that, you're going to go to jail. You have no idea what Where's his prescription at? He said he has prescription. Where's it at? Um, I know he gets a prescription. I'm not sure where it's at. Prescription for what? I'm not sure. I don't think so. Well, he said it was he said it was for Those are not for depression. He gets He gets multiple prescriptions. Like, if you held a gun to my head, I wouldn't be able to tell you. Oh, we're not going to do all that. I know what I'm saying. I wouldn't be able to tell you what prescription. Well, that's not your responsibility. Hold on, Mom. Cuz they're reading me my rights and asking me questions. I know. They're just asking me questions. I know. How old are you? 24. Okay, hang up. Yeah, they want me to hang up. I love you. This is a new phone, too. This is where it's going to like this doesn't make no sense. Who you calling? My doctor. Your doctor? Yeah. Whatever. It's 9:00. He's not going to I'm not going to give her my doctor. Face the car. Put your phone up on the car. All right. Can I take a seat? Can I at least send my date like a couple times, please? I'll get it for you. Yes. Give me a second. Are you still a documented gang member? My what? Are you a gang member? My gang member? Well, that's what you're documented as. Are you still I don't know why I've documented that. Okay. Are you still at the rate? I don't know why. No, I just I never like been in trouble before or anything. So, you're not in trouble. You know what I'm saying? I pulled your first traffic infraction. He's saying that he doesn't know what those pills are. Blah blah. Yeah, cuz those are oxycodone and there's pills that he shouldn't be having on him. And they're not in a prescription bottle. They're in a plastic bag. I gave him every opportunity to look for his prescription. He doesn't have it. You don't have it. You have no idea what those pills are. So there's a whole So does that make any sense? So we are we be able to search in the area to see if there's anything else in there. Yeah. Because where he was sitting at. Yeah. As soon as I saw that, that's why I was like, uh, it looks like Oh, that's the price you put back. I was like, sorry, I was giving you light. Yeah. Go ahead. Um, is he a 1060? He is. He is. I wonder if he's a convicted felon, though. I'm pretty sure he is. It's at the base of his feet, too. And this is his bag. Yeah, it's got his card right there. Make sure you almost 100% sure he is. And what the deputies are talking about is that he is a convicted felon, meaning that he is a prohibited possessor of a firearm is what they're investigating now. So again, you went from an infraction to a schedule two possession of a controlled substance, which by the way, he he said that they're not his, okay? But they're in plain view like right next to his feet, right on the floorboard. And now we're looking at this firearm. Yeah, it is. Where is painted over? Is it back here? It's I think it's under this. It's usually on the looks like a USB. Yeah, it's painted over. It's What's back here? Sometimes I paint on the slide back though. No, it's it's painted. Yeah, it's definitely painted over. You can't can't do either. Yeah, cuz it's usually right here on the plate. It's the only other spot you can take the slide off. I would just submit it to evidence at this. Come on. You want to sign up? Do you want to talk to him? Oh. Oh, I'm so sorry. I thought you said you want to talk to me. Give me two seconds. Okay. And we'll we'll let you talk to him. Okay. I did want to talk to you, though. Okay. Go ahead. What am I going to do? So, all you got to do is is uh drive home, give him a couple of hours. Is he come back the felon or anything like that? No. So, you can bond him out here in a little bit. Okay. Nice. Take a picture. Yeah. Don't Don't be upset, but you just can't have narcotics like that. Does he have a drug problem? I don't know. Yeah, come on. You've been around. Have you Are you his girlfriend or fiance or wife? Yes, but I don't know. How do I know? How How is he going to get out? Like, how he can make he can make fun tonight? Yeah. Get out tonight. Yeah. As long as he's not a convicted felon. If he's a convicted felon, then he's I appreciate you being so nice, but that lady's not very nice. Well, I'm I'm the nicest guy out here. Are you sure he'll be able to get out tonight? As long as he's not a convicted felon. Maybe getting us some help, cuz I think he he I think he's lying to us. I really do. I think that um he uses narcotics. I really do. Are we gonna find anything else in the vehicle? I don't know. Is that a signal zero? He's not. So, what does that mean? If he's a convicted felon, that's a big no no. That's even worse. 100% 100%. Okay. Correction. How do you open the uh ask me? So this is painted over the straight scratched off painted over. So you can't see it. There's a cut straw with white residue in the center console. We'll figure it out. He's a 69 member. So I don't think I think that All right. Look. So where he's sitting right next to him on the left hand side inside the glove box center, there's a cholesterol with white residue in it. To me, to us, that's either somebody doing cocaine, fentanyl, doing some kind of uh hard drug. Okay. Is there any other drugs in that vehicle? Any belongings like that? Cuz we're getting a body surgeon now. No. Okay. There's nothing in your vehicle, sir. Okay. How do you open the glove compartment? I have no idea. Is the glove compartment the one in front of the passenger? That's my idea right there. That button in the middle. Is that a button? Oh, yeah. Look at that. You're so smart. Button right there. Right in the center of the where the vents are. Is that a button? Thanks, George. That's why I'm just smart. That's why you get paid the bigger bigger money. You're going to let me talk to him really quick? I will. You know why? Cuz you've been very nice and you've been very respectful and stuff like that. Um I I I will let you. Are you a sergeant or I am. I'm I'm responsible for everything. Oh, okay. Cuz I heard him say, "That's why you get paid more." Yeah. I'm the smart one. Sorry, Frank. Still having your rights in mind. Do you still want to answer questions? Okay. Can I ask you a question? Yeah, sure. What am I being locked up for? So, the oxies that we found that are not in a prescription container that were at the base of your feet is the start. You see this? Yes. I don't think you guys are are are like profiling too much or something like that. Profiling for what? You have you have pills in plain view. Not in a prescription container. I'm not You got lawfully stopped by my sergeant. That really happened. I don't know if that happened. Okay. Well, you you can argue that in court. We're not We don't We're not profiling anybody. We're not the ones that put the pills in the car, you know. So So you guys are assuming that I that that I I'm I'm the one. Well, they're at the base of your feet in the passenger seat. So, okay. And and you're in your reach. So, it's constructive possession. That's what what's the charge then? Being in possession of the controlled substance. This is schedule two controlled substance. Deoxys. So, what So, what can I what's what is that? A felony? Yes. Hey, Frank. I I'm letting her talk to you. She wanted to talk to you. So, okay. Are you okay? No. My mom said he said that um you'll be able to make bomb with you know a little bit like Yeah, please. Is it THC? I don't like that one. I like the like the blue one. No, it's not TX. Okay. Where's the They have It's up there on my hood, man. I'm I'm letting you come I'm letting you know kind of be thankful that I'm doing this right here. They asked me if I'm a gang member still. Okay. So, I don't I don't know. I'm I'm I'm up here with you. Can you please let them not profile me like I'm a gang member? I'm not a gang member. Nobody's Nobody's Who's profiling you, bro? Okay. So, some final thoughts. First and foremost, big shout out to Collier County Sheriff's Office for remaining professional through this entire investigation, this incident. Spoton, good advice, really good police work. Look, this is what it comes down to. This was just basic by the book police work, okay? It was a valid stop. You have pills in plain view. Officer stayed calm, professional, while the passenger, right, the island boy here, uh, kept shifting his stories. Right. Look, no one got starruck. They just follow the evidence. That's what you're supposed to do. Look, famous or not, the rules don't change. Plain view is still clean, probable cause. Okay? If you claim you have prescription, you know what? Produce it on the spot. Okay? And an alter firearm is never a small problem. Those are really big problems. Uh, and I hope you learned something. Okay? Okay. So, Franken was charged with the following. Possession of a controlled substance and an altered firearm. Okay? Now look, the drug possession charge was dropped. Okay? He pleaded no contest to the farm related charges and on or about January 8, 2026, he was adjudicated guilty of the possession of the farm without a serial number, which is a misdemeanor, and delinquent in possession of a firearm, which is a felony. Okay. The sentencing is concurrent probation, one year on the misdemeanor and three years on the felony, 50 hours of community service and the surrender of the firearm. Ring that bell to be notified for the next upcoming episode. Smash that like button. Don't forget to subscribe. Please comment below because we want to hear from you. If you would like to see me have conversations with other police officers about internal affairs and other law enforcement related topics, go to the Marlon March show. Okay, thank you for watching and we will see you on the next