If you don't mind, I'd like to take a quick run through the vehicle cuz >> I I do mind. I'm going to get a haircut. >> Okay. >> And I'd like to go get it. >> So, just double checking, you don't don't want me to search the vehicle. >> Uh that is correct. You're wasting my time. I'm sorry. >> All right, I got you. Same time for me, okay? >> Okay. >> I'm asking you to step out of the vehicle. >> Okay. Mhm. For what? >> So that I can talk with you, okay? >> You can talk to me right here where I'm at. I'm not refusing nothing. I I got rights. >> This traffic stop began after an officer claimed the driver briefly drifted into another lane while trying to light a cigarette. What could have been a routine encounter quickly turned into something much bigger when the conversation shifted away from the alleged driving violation and toward the officer's interest in searching the driver's vehicle. The driver firmly stood his ground and made it clear he wasn't giving consent. The encounter raises important questions about the Fourth Amendment, consent searches, and the limits of police authority during a traffic stop. As the officer continues pressing the issue, the driver's refusal sets the stage for an encounter that becomes far more contentious than they expected. >> Are those Larys? What's your name? >> Hey, I saw you reaching down in the car and you kind of veered over in the lane. Everything okay? >> Yeah, fine. Going to get a haircut. >> All right, I got you. I'm going to tell you what, man. Just, you know, out of the concern for the lane, just trying to make sure everybody's >> Yeah, I I don't know when I done that. >> paying attention, man. I We don't want to have to >> I was trying to light a cigarette. >> like that and cuz you had your head down. >> No, I was trying to light a cigarette and that that flameless lighter, I can't see the flames. I don't >> Oh, I got you. >> So I'm looking at the end of the cigarette. >> lighter. >> Yeah. >> Oh, okay. I got you. Tell you what, you have your driver's license, registration, and insurance? >> I do. Always. >> Where are you going to get your haircut today? >> Larys. >> Larys? >> Larys Barber Shop. I'm going to go get a a nice ball fade. >> Where you coming from today? >> Home. >> Home? >> Yes, sir. Uh this is a rental car, so let's see what's in here. >> I got you. What why you in a rental? >> My truck, man. >> You been in an accident recently or something? >> Man, the whole dang gum rear view mirror on the driver side >> Yeah. >> uh a boat uh was uh not a boat, but it was a trailer and it had the you know those filler sticks that stick out in the back so the boat can you know see the guide is Man, these things were at like a 22 and 1/2 degrees. It was a way over my lane out there on Elvis Presley >> Oh, yeah. >> and whacked it right off. I just bought this Yukon. Here, sorry. I'm sitting here holding it talking. But anyway, yeah. So, it's just a little thing. His His insurance company's paying for it. >> This is Stanley? >> Yes, sir. >> Real quick question. Any weapons in the vehicle I need to know about? No. Any narcotics in the vehicle? No pills, no no >> I'm good. >> Like that? >> Hey, hold on. >> You ain't ever been in trouble for anything? >> You know, you got my license. I've been you know. Yeah, but not in a while. >> I got you. Ain't nothing serious, though? >> Well, it depends on what you call serious. >> Well, nothing violent, no >> I mean, yeah, I got >> No assault or anything like that? No domestic >> No, I got arrested for uh assault, but but it got thrown out. >> I got you. Domestic assault or just assault? >> No, it was a domestic me and my cousin was arguing. >> I got you. >> anyway. >> But it ain't but you're not on probation or parole right now. That's what I'm getting at here. Okay, I got you. All right, just hang tight for me, okay? >> I'm roger that. >> All right, sir. We're good. >> Hey, so real quick, man. I looked at you up, okay? You had a couple of other things, okay? Just with the fact that you've had some history or whatnot. >> It's so old, brother. >> I I know it's old. >> It's so old. I mean, that was what? '98? >> I got you. >> So >> But, here's my thing. I just want to make sure everything's copacetic. >> Everything is >> Everything is good. >> Okay. >> If you don't mind, I'd like to take a quick run through the vehicle to make sure everything's okay. >> I do mind. I'm going to get a haircut and uh I'd be liking to go get it. >> All right. >> That's fine. >> I have not done anything. What did you pull me over for anyway? Just cuz I I'm >> Distracted driving. When you bent down and whatnot >> I didn't bend down. You know, I mean, I apologize. >> But >> I haven't been drinking and I'm not on drugs, man. I mean >> So again, the the whole thing Also just understand kind of my side of things, okay? I see you laying getting geared over. >> Okay. >> Okay, I don't want to say that I think that you're drinking. I don't smell any alcohol on you, okay? You know, I get a thing of, okay, he's had some. Yeah, it's been it it's from a while ago. >> Yeah. >> But, he's had some some history. >> Yeah. >> Okay. >> I paid my dues. >> is like I said, I just want to make sure you're coherent to >> Oh, I'm definitely there. >> and all that. I don't think that you're necessarily doing anything crazy, but I do want to make sure that you're good. That's the reason why I'm asking. And you have every right to to decline that. So, just to make sure you you don't don't want to allow me to search the vehicle. >> What do you mean? I'm trying to get to There's no sense There's nothing in this vehicle. >> It it it's a yes or no question. I can't hear what you're saying. >> I'm sorry, it's a no, sir. >> No, you're good. It's just you got all these >> I know. >> trucks coming by. >> I love my new bridge. >> Right. So, just double-checking though, you don't don't want me to search the vehicle. >> Uh that is correct. You're wasting my time. I'm sorry. >> All right, I got you. You save time for me, okay? >> Okay. >> Go ahead and step out of the vehicle, okay? >> For what, sir? >> Cuz I'm telling you to step out of the vehicle. >> I'm asking you why I'm being persecuted. >> Because because I am a certified police officer in the state of Tennessee and Supreme Court has ruled that if I have you step out of the vehicle, you have to comply with that, okay? >> Yeah, but I got a sheriff right here or something. >> doing any of that right now. I just want you to step out of the vehicle so we can talk about it. >> Can I get your supervisor right here? Cuz I am not I'm not complying. >> Supervisors are out here, but I need you to step out of the >> anything wrong, man. And I only cuz I feel like you're retaliating. What's your name, uh >> Officer Hardy, one. >> What's your badge number? >> Badge 11, okay? >> Badge 11. Mr. Listen Listen to me for a moment. I've not done anything wrong. If you feel like I'm a threat or somehow or another >> So here's the deal. The reason reason I'm having you step on out is you told me you're not on probation, but yet you're on probation. >> Oh, I'm on probation. Yeah, you said probation. >> I asked if you were on probation or not. >> doesn't It doesn't matter. It doesn't matter. >> All right. But here's the reason that I'm I'm asking that stuff. >> Next I I'm almost off. That's 10 years. 10 years. I got I got Listen to me. >> You're on probation right now. Okay, so I'm asking you to step out of the vehicle, okay? >> Mhm. For what? >> So that I can talk with you, okay? >> Cuz you can talk to me right here where I'm at. I I'm not refusing nothing. I I got rights. I don't need to >> Okay. Now I'm telling you to to get out of the vehicle. >> I will, but I I'm not I don't >> Get out of the vehicle. >> Yes, sir. But I'm just saying cuz I'm really freaking out. I told you enough times, okay? And I'm getting out, sir. I'm getting out, but I didn't do anything wrong. So I get out and talk to you. No problem. >> I'm going back here. >> No problem. >> Go on right there, okay? I am going to pat you down because you've had some history with aggravated assault and whatnot. You're on probation. I want to make sure you don't have any weapons. >> I do not, man. >> You don't have any weapons on you? >> No, I do not. >> Put your phone down right there, okay? >> All right, well I'm just >> Your phone can be sitting right there, but I need your hands right here, okay? >> Okay. >> You're not going anywhere, okay? >> Okay. >> Spread your feet apart for me, okay? >> Yes, sir. >> Got anything on you? >> I do not. >> Okay. No weapons, knives, guns, nothing like that? >> I I don't even have a phone. >> Where are you all from, Davidson County? >> Davidson County. >> Davidson County. Okay. >> Open it. >> Go stand over here with this officer, okay? >> Let me get my phone. What's going on? >> Hey, man. >> Nothing. Don't go get a handset. >> Okay. >> What What brought it to this happening? >> He said uh I was a little distracted driving. >> Okay. >> And police said >> Okay. >> So What's your badge number? >> 43. >> 43. >> Officer, yours? >> 78. >> 78. Where do you think the registration is in there? >> It would be in that glove box. >> Is it okay if I just go get it retrieve the registration? >> If you feel better doing it, you said it to me, yes. >> It's just because again, I don't know what all is in there. >> Go ahead, man. >> Okay. >> If you're okay with that, >> Just do me a favor. I mean, I don't have nothing in there. I just was told never search it, let people search no more, period. It's I'm a big fan of liberty. You know what I mean? A lot of constitutional rights. As a matter of fact, I know a few other things. I'm not trying to be a sound like a smart ass. So, I'm just being cool. Sorry. >> I don't I don't know how you do that crown molding stuff. I had to do it with my dad in the in our old house we're fixing up before we moved out. So, we redid it in the downstairs. >> It's easy. You take crown molding, cut it upside down. >> You know, it looks like I'm not going to cite you for for any sort of the registration. That's going to be on the I'm not going to cause an issue with that because that's on the rental car company, but don't think they put it in there cuz there's nothing that identifies this tag with this vehicle. Normally, you see like a VIN and the tag plate associated with it and year, make, all of that type of stuff. I'm not seeing anything out of the glove box from that. So, >> This is the second rental car I've had. It's going on 2 weeks. The first one >> Okay. >> Uh well, I thought something was wrong with it, but it was a a Hyundai that it has like a autopilot. I thought something was wrong with the steering. So, I took it back and got this one. And they didn't have no paperwork in there. I didn't realize it until after I left. So, >> Got you. >> Now, my U-Haul is in the shop. It'll be out probably in the next week. So, I wouldn't let them work on >> Give me I am working on it. Once I take this to the dispatcher driving, okay? >> I don't know when. I don't >> So, here's here's here's what I can do for you, okay? I'll give you two options, okay? But, now that we're out of the vehicle and we relax a little bit more, we're we're having a cordial talk here. You're interacting I'm being polite with you. I can do two things. There's a the sec there's like a failure to drive with due care, which is basically if you did it's very general. It says if you do something that is I can say is unsafe, which say you veered in a lane as you're trying to get your cigarette and get it lit and whatnot, occupying your hands. You know, I saw you for example what not take your eyes off the road. I can articulate that's distracted driving. The other option is I can do you a city ordinance ticket, okay? >> I never heard of it. >> Well, the way it works is instead of you doing a state ticket where it does a fine and can put points on your license, the other option is I can do what's called careless negligent driving through a city ordinance ticket. It's a little bit more, but it keeps points off of your license. >> Ooh, that sounds really serious. Well, move that much, so >> I mean, it's a four instant. I mean >> So >> It, you know, that that's kind of the the thing with it, you know, uh Uh, that that's all it comes to. Here Here. So, the first ticket is 164. Okay? To do the state ticket, and that's going to put some points on it. Another option is you can do the careless neglect, do a 209 ticket. Now, with the state ticket, you do have end up having an option where you can go get set up with traffic school. And it keeps the points off your license. >> a class, man. >> Yes, sir. >> In Lebanon? >> It would be here in Lebanon. >> All right. All right. Okay. >> So, if you I'm trying to give you that co- that courtesy to maybe see which one you want you would prefer. >> I I would prefer no points. So, the little extra money is I'll just work an extra couple hours, but you know, I don't need the points. >> I can I can try try and do that, okay? Uh uh it's just with >> My points are very important. >> I can I understand that, but, you know, your driving record hasn't been too too horrible, so uh that's why I don't necessarily feel like if you'd been in a bunch of ton of things, I would you know, feel one way about it, but >> Yeah. >> Give me a couple minutes, you knock that out, and I'll try and uh figure it out, okay? We still haven't been able to get a hold of your probation officer. Uh >> I know the feeling. >> So >> I don't know who it is, man. >> I got you. The same type of thing, okay? >> This muffler's hot, man. >> Or get hot. >> Yeah, exhaust. It's right there. >> Oh, switch off, switch on the thing. So, if you're coasting, engine will shut off. You're you're basically just rolling. >> My dad's Denali, it it will switch to uh it'll switch to four cylinders from eight. >> All right, Ralph, so here's the deal, all right? I tried reaching out to the probation department um just to confirm you know, what the provisions are, you know, because I mean again, I know what the statute says, but every probationer's slightly different depending on what the judge authorizes, okay? I'm not getting any answer there. Um you know, you denied consent, which is your right. Okay, so um at this point, you're Officer Hardymore is going to finish up the citation for the distracted driving. >> Okay. >> You can answer that charge, you know, and we'll we'll go from there, but >> me two options. I'm going to take that. So I don't get the points. >> Yeah, so that's you know, that that's his discretion if that's what he's willing to do for you. >> Okay. But like I say, you know, going forward, I would definitely make touch, you know, touch base with the probation office just to let them know so you don't have any problems. >> I had went up there twice. And they turned me away twice. And then finally I said I won't say dance. It's not dance. I don't know. Uh He's the uh over the whole office. >> Yeah. >> Anyway, I went back up there. It's just uh you know, and finally uh he sent another officer out there just took my little information, said they'd come to the house. They went to the house. Two officers came out to the house, did a walk-through. Um >> Yeah. >> And they said they'd call me when they need to see me. >> Right. All right, we're going to get out of the way, move your car so she can get out so I can get out. Um but go ahead and sit in your car and okay, and relax, all right? >> important legal issue in this stop is understanding the difference between refusing consent and giving officers legal grounds to search. The driver had every right under the Fourth Amendment to refuse a consent search, and the officer even acknowledged that he could say no. At the same time, the Supreme Court's decision in Pennsylvania versus Mimms allows officers to order a driver out of a vehicle during a lawful traffic stop for officer safety. Those are separate legal principles, and one does not cancel out the other. The controversy comes from what happened after the refusal. The officer initially appeared prepared to handle the stop with less enforcement, but once consent was denied, the encounter became longer. The driver was removed from the vehicle, questioned further about probation, and ultimately cited for distracted driving. The video raises questions about whether the citation was based solely on the original driving behavior or whether the refusal influenced the officer's decision. Regardless, the encounter highlights why understanding constitutional rights during traffic stops is important and why officers must base enforcement decisions on objective legal grounds rather than a person's decision to exercise those rights.