85 truck stop. Hey Cleveland up Polaris King Frank Paul and 4943 KFP 4943 on up with 4 - 20. Oh, look at that stop. All right, in the crosswalk and over the line. All right. All right, everyone. I'm Frank Slope. I'm coming up on 25 years as a deputy sheriff here in the state of Arizona. Today we're going to be breaking down some body cam. Body cam breakdown is what we do here. Why we do it? Boom. Body cam bingo is the game that we're playing. So, we're going to use card three today. We sell them in a set. You can buy them on our website. California body cam is the channel where we found today's video. Has to do with an impaired driver, that's all I know and I'm all about it. So, let's see how we do with the card. Wow, look at that stop. Cuz I put it in park. Reason I'm stopping you, plates are expired. What's all this crazy driving you're doing? No crazy driving. The improper turn in the middle of the road, dipping into my car, ma'am. Where you coming from? Nowhere at all. I'm going home. >> [music] >> I said, where are you coming from? Um a friend's house. Where at? Uh coming home. Where? Somewhere around here. Somewhere out here where? Okay. Around here where? Barely is not the answer. I'm 31. What? Happy birthday to me. Yes. How much have you to drink tonight? A lot. Nothing at all. That's why I step you out and check your eyes and give you tests. Okay, going to step out for me. Unlock your door. >> [music] >> Unlock your door and take your seatbelt off. Do you have any weapons or drugs in your anything? No. I'm going to step out. Go ahead and step out. Yeah, I'd like to talk to my lawyer. Go ahead and step out. Let's see. Hey, mentions lawyer Corey. We can do this the easy way or we do the hard way. The hard way. You're getting out of the car. The hard way? Okay. 86 if you can step it up. You know I'm about to pull you out of the car, right? No, absolutely not. Yes. No. All right, take your seatbelt off. I'm not. Take your seatbelt off. That's not appropriate. That's not appropriate. Get out of the car. Get out. You come. There it is. Stand up. Yep. Yep. You can search me and you won't find any weapons. You won't be able to search me. Thank you. Yeah, there's no reason to search me. Wow. Am I being detained? No. Yeah, you're detained. Am I being detained also, sir? I'll talk to you in a second. One when I tell you to get out of the car, you get out of the car. You understand that? For sure. Am I being detained? Walk back here. She doesn't even know what being detained means. Am I being detained? Look, I can smell the alcohol coming off your breath. So, how much you had to drink tonight? Nothing. Okay. Am I being detained? Can I check your eyes? You're going to let me check your eyes? Am I being detained? 85 I'll clear 3935. You're under arrest now. Am I being detained? You're under arrest, like I just told you. I'd like to speak to a lawyer. All right, I'm going to read you your rights, okay? You're going to listen to me? All right, before you ask a question, do you understand your rights? You have the right to remain silent. Anything you say can be used against you in a court I've been dealing with craziness like what's in this video for 24 years now. But one type of craziness that caught me off guard was Medicare. You should see the kinds of mailers and calls that my dad gets. It's a mess. Every company promises that they've got the best plan, but none of them show the full picture. And that's because most of the agents only sell plans from companies that pay them. And that's why I want to tell you about this video sponsor, Chapter. Chapter is the only Medicare advisor that compares every plan nationwide. Their advisors are independent and above all, honest. They'll look at your doctors, your prescription and your budget to find a plan that's actually right for you. And I've seen it in my audience. Folks have called Chapter, found a plan that actually fits and saved about $1,100 when they did it. It's free and it only takes 20 minutes. Call Chapter today at 805-604-5905. I handle craziness for a living. Let Chapter handle this one. That's 805-604-5905. You also have the right to stop answering anytime until you talk to a lawyer. Do you understand? Do you understand? Do you have anything on you that we know about, any drugs or anything? I'd like to speak to a lawyer. Your pat down was not confidential. My pat down was a confidential? Think confidential is the word that you think it is. So, she wants to talk to her lawyer. On the side of the road is not where phone calls to lawyers happen. It is It's just it That's not the way the legal system works. I don't stop what I'm doing and give someone a phone and say, "All right, well I'm going to stand here while you go and seek legal counsel." That is for post-arrest. That is part of the judicial system and happens when you go from one branch to the other of of government. And the judicial branch, that's that's where they are. If she had a lawyer in her passenger seat, it wouldn't change one single thing about how this officer did his job because lawyers are for courts. Lawyers aren't for the side of the road. So, the fact that she wants to talk to a lawyer is simply a delaying ploy that impaired people very commonly use because they're like, "Uh-oh, I'm in trouble. Uh I need my lawyer." Well, that's great, but we don't stop what we're doing so that you can contact a lawyer. That comes further on in the process. It doesn't happen in the middle of an intersection where she happened to stop her vehicle. I'll check her pockets before I put her in. Unbelievable. What's in confidential? Am I being detained? You're under arrest. Am I being detained? Detained is worse than being under arrest. Under arrest you're under arrest. detained also? You're under arrest. Just say yes. Well, she is hyper-focused on, "Am I detained?" The threshold for being detained is you are the driver and you've been you're driving a vehicle and a traffic stop has occurred. That's it. You're detained. Detained just means you're not free to go. It's not a consensual contact. You can't walk away at any time. That's all being detained is. So, technically, anytime that a traffic stop occurs, you're detained because you can't just walk away. Passengers are different, but just as the driver of a vehicle, you are detained. You are seized per the Fourth Amendment. So, uh she's been detained from the minute that she yielded to the authority that that police officer had. That's it. So, this whole thing is a detention. She just the brain's working a little slow. Why are your pants all undone? There we go. Ma'am, I give any questions. I'd like to speak to a lawyer. Okay. Before I ask questions. What up? Yeah, I'm not asking you any questions, so I shouldn't say See if you had anything. Yeah, who are you talking to? The door? Just talking to you. Oh, the back door? The wet window? What are you talking about? I'm sorry, who were you talking to? Right there. She doesn't have any questions. Last ditch effort. Sometimes you're just too drunk. Sir, come on. It is what it is for you. You're under arrest. Let's get through this process and be done with it. Come on, get out. Sir, I'm asking you one more time to get out. I'm going to ask for a lawyer. You can have a lawyer, but we're not asking you anything incriminating. We need you to cooperate. We'll just have her Just leave her in the car and start doing the paperwork to her down at county. No phone calls, no nothing. Invoke her right now. Don't let her out of jail. Yep. If this woman would have been more cordial and gone through the process like a normal impaired driving investigation, she probably would have slept in her own bed. I I cite and release the majority of my impaired drivers. Um it's just it's it is the It's the way that my particular unit within the sheriff's office, we we cite and release. We make sure it's someone sober comes and picks them up and they go home. They get to sleep in their own bed and I get to go back to work instead of dealing with all of the having to transport someone to the jail and everything that comes with that. So, she could have There's a possibility she could have slept in her own bed that night except if I have to forcibly remove you from a vehicle, you're going to jail. That's just If I have to put my hands on you in a manner other than simply putting handcuffs on you, you're going to jail. Um that's just the way it is. It's I If I it is a it is a use of force and with that use of force you're going to go to jail. So, she could have made things easy but per her own words she wanted to do things the hard way. So, we can tell you we documented it. So, so that's all that out. You injured miss at all? No. Okay, perfect. We'll get your paperwork done and get you down to jail. Yeah, I didn't hear you exactly. What did you say? I'm sorry. >> We're going to get your paperwork done and get you down to jail. >> What did you say before that? Yep. I said no feeling. >> You answered no. I asked you if you were injured. Am I injured? No, thank you. >> Okay, that's all I was making sure. So, we're going to get your paperwork done and get you down to jail. All right. Yep, we're And there's nothing I got to I ask everybody there's nothing on you that's considered contraband, right? That we need to have removed from you, right? Cuz you're going to be taken in the jail. This is this onus is on you. So, if there's something on you that's hidden I would say I would suggest giving it up now but again you can eat the felony if that's the case. I just want to ask because I ask everybody. Okay. Well, I've asked you and I've warned you that of the consequences. So, that's all I needed to do. Yep, I like it. All right, Sam read this paperwork real quick. It's VVB 2255. It's about providing chemical sample, okay? I'm going to go ahead and read it to you. You can decide if you want to provide a sample or not, all right? I deny. I know. I'm still going to read it to you then you can deny, okay? This particular officer reads them a form. It's very similar to the admin per se or the implied consent affidavit that we have here. It's pretty much a form from the state that says, "Hey, you're under arrest for DUI. We want to take your blood." Um she said no. Here in Arizona we will submit a search warrant affidavit to a judge. We do it electronically here. Many other states actually have to call a judge on the phone um and then you know, record all of that. Um pretty much the same thing. You're asking a judge for a search warrant. A blood draw is considered a search. Um so, making sure that we are upholding someone's constitutional rights by obtaining a warrant before we conduct a search. Um so, in this case in all probability they obtained a search warrant and then drew her blood whether it's by law enforcement phlebotomist like me. Sometimes they take them to um a hospital where they have a contract and the hospital phlebotomist will will do the blood per the contract that the police department has with the hospital. Every city does it different. Every department does it different. So, little nuances but ultimately they had to get evidence in this impaired driving offense and that evidence is some sort of chemical test. >> have prior of conviction of OVI or operating a vehicle under the influence of listed controlled substance or listed metabolite of a controlled substance under the state municipal law in the preceding 20 years and not under arrest for state OVI and you refuse to take a chemical test you will face increased penalties if you subsequently convicted of state OVI. All right? Okay. I deny. I deny. Perfect example. I deny. It's okay. License suspended. Yeah, just make sure we notify her of her suspension. Yep. All right, but do you have any priors for OVI? I believe that you do, okay? Uh-huh. For refusal no priors your license suspended for 1 year, 1 prior 2 years, 2 priors 3 years, 3 or more priors 5 years, okay? Yeah, I deny it. I'd like to talk to a lawyer. It sounds like this is her third or subsequent impaired driving arrest. Most people as they go through the process once or twice or three times they learn that if you don't submit to a chemical test blood, breath, urine or other bodily substance um that the state will suspend your license as a result of that. And the suspension if you refuse to submit is significantly longer than if you don't refuse. If you just simply submit to the tests that are requested by the state. Um in the state of Arizona if you submit it's 90 days. If you don't submit it's 1 year or 2 years if there's a prior refusal within the last 84 months on your record. So, um you know, the state of Arizona holds you to a high standard that if you've refused once and you got that 1 year suspension and then you do it again, well now you get it for 2 years cuz apparently you don't have a learning curve. You have a you have a learning plateau or maybe you're in a learning ditch. Okay. Yeah, let's do whatever we got to do. Why take me to Delaware? Because your violation was in Delaware County. Am I being detained? That's a good assumption. That's why you're in handcuffs. You're actually under arrest. For what? Operating a vehicle while I'm going to take for what on that one. >> I'll confer with my officer but it sounds like at least probably obstructing official business for not getting out of your car. You with that? Cuz you're required by Supreme Court to get out of the car when ordered by a law enforcement officer. Very true. They must even text that he needed an ambulance or whatever. 7500. I just have to get out of here. Well, we're doing the paperwork and then we'll get you down to county jail. >> much. Okay, like I said we're we're doing your paperwork as quick as we can to get you down to county. I I just have to breathe when you whisper. There's no way it will open, will Cuz this car encloses all the sound. What do you need, miss? There's no way it will open, will it? No, you can't get out. You have the lock. And the door is not going to open either, no. I would suggest you not break something. That would add an additional charge. >> I'm really having trouble breathing. Like I'm really having trouble breathing. Why? Cuz I really can't breathe. Oh my god, I can't breathe. Why? You're literally just sitting there. Oh my god, I can't breathe. Try you can. I can't breathe. There, is that better? I can't breathe. I need to get out. Okay, I got that Oh, now you want to get out. I want to stand up. It's going to be a skin on skin lock. I can't breathe. What's the what? It's really bad. No, take that off. No, you're not going to go. I don't think you understand. I want to take that off. So, first she couldn't breathe now she can breathe. It's all just a cross. I want to get back in my car, please. That's the comfortable place. Okay, we're going to put it back over your arm. You sure you don't want to use the other door? No, thank you. Thank you. Okay, I just want to make sure you have your your ability to do it. All right. You want to sign the paperwork as well? Yeah, I want to sign. That is a crime called illegal entry. I agree. This is a giant waste of time. I just have to breathe. Thank you. She used not being able to breathe just to get out and stretch her legs. >> No, you're welcome. No, thank you. Look, she's fine. >> Let me go. Okay. Excuse me. What? What? That's fine. There we go. Yep, appreciate it. Thanks, officer. Yep, OVI refusal to test third offense. I like it. Plead it guilty. Wow, for your third offense that's nothing. No jail time? Right. Card three fell one short. All she had to do was say get off me and I would have had it. Or if she would have used bro I would have had it diagonal. Card three was a miss today but still fun playing. If you want these cards there's a set of five. Grab them on our website. Otherwise click the subscribe button. You can subscribe to the channel. It lets us know, "Hey, people are watching your stuff." Um if you really want you can become a member. 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