The reason why you got pulled over as you passed me, I noticed you had your phone up. >> No, my phone's right here. >> Well, maybe it was my mistake then. Then I stand corrected. >> Have a good day. >> No, you're not free to go. You seem to be in a hurry, sir. >> Was I speeding? >> Yes, you were. >> No, I was not. How fast do you think I was going? >> You were going over 10% over the speed limit. >> [laughter] >> You're out of your mind, bro. >> Sir, my mind's all right. >> You're out of your mind. You you guys don't like it when citizens don't bow down to you. >> Sir, you don't have to bow down to me. >> Then let me be on my damn way without violating my fourth amendment. >> In this video, the officer pulled a driver over claiming he saw a phone in his hand, but the driver immediately proved that claim was wrong. Instead of simply ending the stop, the officer switched to a speeding allegation he couldn't actually measure, then demanded the driver's license based on nothing more than his own visual estimate. The driver refused to let a shifting story become justification for keeping him detained, challenged every claim, and demanded a supervisor. Watch how this roadside stop falls apart when the officer is forced to explain exactly what violation he actually witnessed. >> Sir, I'm Officer Gilbert, Millan Police Department, sir. Ma'am. And sir, the reason why you got pulled over as you passed me, I noticed you had your phone up. >> No, my phone's right here. >> Well, maybe it was my mistake then. Then I stand corrected. >> Have a good day. >> No, you're not free to go. You seem to be in a hurry, sir. >> Was I speeding? >> Yes, you were. >> No, I was not. >> Okay, you you weren't speeding? >> No, sir. >> All right, your license, please. >> Do you have me clocked for speeding or did you pull me over for that? Because that's the first time you told me >> Yes, sir. >> me over for that. Now you're telling me speeding. >> Let me start over. >> Please do. >> I said I noticed you with your phone, you corrected me, you said your phone was just up. >> So >> have your phone yet, and so I was I was mistaken. I had a good idea that >> So then you got me for something else now. >> Yes, sir. Okay, so >> a supervisor? >> I do have a supervisor. Sir, your license, please. Your license, please. >> What did you clock me at? >> Sir, I did not clock you. >> Exactly. So I wasn't speeding because I saw you whenever I turned off of Garfield. And I am obviously not going to speed past a cop. Whenever I passed you, I was going 16 mph. It's 25 on these roads. 20 or 25 on these roads. >> you by a distance away. I'm going to give you a warning and let you go. You want to talk to me supervisor? All right. I'll call my supervisor. >> So, you're holding me here >> You asked for a supervisor. >> Because you're asking for my license for no reason because I wasn't speeding and I'm not going to give you my license unless I was speeding. >> All right. So, you want to talk to >> So, if you're good with it and I can drive away, I don't need your supervisor. >> Okay. >> But if you if But if you want my license and you're going to violate my fourth amendment, you're absolutely getting your supervisor. >> want me to call my supervisor? >> Are you Do you want my license? >> Yes, I want your license. >> Your supervisor. >> All right. 13 30 So, those are field officers, not not my supervisor. Supervisor is on the other side of town, so he's coming over, okay? >> Great use of resources there. >> I'm sorry. >> Great use of resources there. >> Okay, and you asked for a supervisor, so >> Well, because you're trying to violate my fourth amendment. >> Sir, >> Are you or are you not? Why do you need my license if I wasn't speed If I didn't commit an infraction, why do you need my license? >> Visually, >> You can't pace from sitting still. You cannot pace from sitting still. >> with you, okay? >> Well, then prove your point. >> So, let me explain >> How do you know I was speeding? I'll sit here and shut up. You tell me how you know I was speeding. >> Visually, you came up rapidly behind me. You were speeding. My interpretation, I didn't get you on radar. So, that is why I told you you were speeding, okay? >> You don't You don't know. >> You guys have >> You don't get my license. >> You don't have to give me a license. You want a supervisor? I asked you, I didn't give you a verbal, let you go. You want my supervisor? My supervisor is on his way, so let's wait. >> no. You wanted my license to give me a verbal. This all would have been done if you didn't If you wouldn't have said you needed my license for nothing. >> I said? I said >> don't know any violation and you wanted my license. >> speeding. >> I was not speeding. >> That's your interpretation and my >> No, that's truth cuz it said 16 mph on I'm telling the truth. You don't You want to die game me. You You guys don't like it when citizens don't bow down to you. >> don't have to bow down to me. >> You let me be on my damn way without violating my fourth amendment. >> You can You can argue and say what you want to say. >> Thanks, dude. Why do you have me stopped right now? >> You want to start over? >> I And I will, too. And we can shake hands and be done. I will calm down. >> I'm Sir, I'm calm. Exactly. Sir, So, I'm driving, I saw you behind me. I saw the phone up, I thought you had your phone in your hand. Okay? So, I pulled you over because of the phone. When I came up to here, you corrected me, you told me, and this You're right, it's on It's on the mount. You said it was on the mount. I said, "Sir, I stand corrected." Exactly. >> Have a good day. You're on your way. >> No, and I said you were speeding. You You said we're going to start over. That's where I I'm trying to >> over, but you're still wrong. We can start over. I can be wrong, you can be right. We can all be >> Okay. going back and forth. I'm just explaining. You asked me to >> Okay. >> So, I said you were speeding. You came up behind me, I pull over, visually caught you speeding. You said you weren't speeding. Okay, that's your interpretation, and you're You're the driver. You You have the right to say what you believe is the truth. I can't dispute what you say is the truth. I'm just saying what I saw and what I interpreted. And I did not get you on radar. You're exactly right. I did not. So, I said you were speeding, I asked for your license, you said no, you said I'm violating your fourth amendment. >> Absolutely. >> I said, "Okay." You said you want a supervisor. I said, "Okay, I was going to give you a verbal and let you go." I said, "My supervisor is on the side of town. I can call him if you want the supervisor." And I did. >> If you got to have that license, I want to talk to the supervisor. >> And that's That's where we are. So, at the end of the day, I'm I'm not trying to violate your fourth amendment right. >> But you're holding me But you are. And I told you you're in a gray You're in a gray area right now, right? >> What's a gray area? >> You [clears throat] are detaining me right now. >> Yes. >> For invoking my fourth amendment. >> That has nothing to do with fourth amendment. >> It does, because you don't get that license unless I made an infraction. >> me having probable cause that you have violated a traffic law? >> You go back there and write a ticket for me speeding. >> Uh-huh. >> And we can meet in court, but only if you write a ticket for not to yourself for not using a blinker whenever you got over. >> Whenever I did? >> When you got over right here and I passed you, no blinker used. So, if you write a ticket to yourself for not blinkering to for not signaling to get over, you can write a ticket to me, too. >> Get over where? >> Right here whenever you parked right here. When you got behind me. >> in? >> You got over to park. >> There's only two lanes here. >> You got over to park. >> I did not get over to park, sir. Again, it's your interpretation and my interpretation. >> I'll take the ticket if you want to write yourself a ticket. >> going to write myself a ticket when I >> Yeah, cuz the government the state can never be wrong, huh? >> The state can be wrong. >> You're wrong right now, buddy. >> And I did not pull you >> You're wrong right now. You pulled me over for that phone. >> lane. >> You pulled me over for that phone and you were wrong. >> And I corrected myself. I told you you >> But you still got to get that license. It's like crack to you guys. I don't understand that. You got to have it. Let me have that license. I don't want my as a as a citizen, I don't want my information entered into a database any more than it has to be. >> And sir, okay, you can say that. I was even going to enter I was going to look at your license and give you a warning. >> You don't but you don't get to do that unless I've done something wrong. >> Sir, my interpretation again, you you decided >> think that how fast do you think I was going? >> You were going over 10% over the speed limit. >> [laughter] >> You're out of your mind, bro. >> Sir, my interpretation >> You're out of your mind. So, if the speed limit here is Is it 20 or 25? I was doing 16. Is it 20 or 20 Is it 20 or 25 right here? >> If you say you're doing 16, that is your interpretation. >> Is it 20 or 25 right here? >> I don't know. You tell me. >> You don't know? >> No, you tell me. >> You don't Either way, so if it's 20, 10% over would be 22. >> If it's 25, 10% over is 2.5 mph. >> Yeah. Okay, so 27.5. So, you visually saw me going 27.5 mph. >> You need to get your You need to get recalibrated, man. >> Okay. Your interpretation of recalibration is fine. >> You're in the wrong. >> That's right. >> You're in the wrong. >> to argue and >> You're in the wrong. >> Just going to >> argument because you're in the wrong. >> You're arguing right now. We're talking. >> There's no argument. I'm telling you what the truth is. >> Wait, I'm telling you >> I'm being by my government for doing nothing wrong because you have to have my ID. >> Cuz you violated traffic offense, yes. >> No, I didn't. >> Your interpretation. >> You're a liar, dude. Don't come back up to this car. Get your supervisor. I'm not talking to you anymore. >> is way like I said. >> Not talking to you anymore. You're a liar. >> Yes, sir. >> Sir, how you doing? >> What can I do for you, man? >> I'm wondering why I'm still here. >> Well, apparently you called for a supervisor. >> Because he wants my license when I have committed no traffic infraction. When your officer first got up to this vehicle, he said he pulled me for this. >> Okay. >> That's up there. When that was wrong, then he tells me that I'm speeding. I know for a fact I wasn't. I looked down at 16 the whole time I was behind him and passed him. I looked down I was 16 mph. >> Okay. >> But he wants to get my license. He already told me he hasn't clocked me. He estimated my speed from a standstill, which you can't pace from a standstill. He says I'm going 10% over the posted speed limit. >> Okay. >> From a standstill, he knows this. I'm not giving up my license unless I'm unless you're threatening to take me to jail. >> Okay. >> The it I'm not the war you guys want right now with all y'all have going on. I was going 16 mph, but I'm not going to I'm not going to let him violate my fourth amendment when he was wrong. >> Okay. So, you just What do you want now? >> I want to be by my government and on my way. It's not funny. >> Well, I mean you sat here waiting for me when >> Because he wouldn't let me go. >> Okay. All you need to do is verify that you have a driver's license. >> Not going to do it. He doesn't have a reason to see it. >> Well, now yeah, actually we do have a reason to see >> What What reason is that? >> Because we can actually stop you to check your driver's license. >> No, you can't. >> Yes, we can. >> Not unless you Not unless I've committed an infraction. >> Well, we actually can. I'm I I Search the the traffic code, it'll tell you right there. But that's all he wanted to verify is to just send you on your way. >> No, sir. >> Go. I'll let you go. Go. >> Thank you very much. What's your name? >> Wilson. >> Wilson, badge number? >> 330. >> Thank you, sir. Thank you. >> This officer's biggest mistake was failing to establish a clear and consistent legal basis for the traffic stop. He initially claimed he stopped the driver because he believed the driver was holding a phone, but the driver immediately explained that the phone was mounted. The officer then admitted, "I stand corrected," meaning his original reason for the stop was mistaken. Instead of ending the encounter, he shifted to a speeding allegation, even though he admitted he had not used radar and had not paced the vehicle. His speeding claim was based only on his visual estimate from a stationary position. That matters because the Fourth Amendment protects people from unreasonable seizures. A traffic stop is a seizure, and an officer generally needs reasonable suspicion that a traffic or criminal violation occurred before detaining a driver. An officer cannot simply keep extending a detention because he wants to investigate something else. Here, the driver repeatedly challenged the officer to explain exactly what violation he had committed, and the officer could not provide a measured speed or other concrete evidence of speeding. The driver's refusal to hand over his license was based on his position that the officer had not established a legitimate reason for continuing the detention. The supervisor ultimately arrived, asserted that officers could require verification of a driver's license, and then allowed the driver to leave without a citation. So, the important lesson is that officers don't get unlimited authority just because they have initiated a traffic stop. The stop still has to be supported by a lawful basis, and any continued detention has to remain tied to that lawful purpose. In this encounter, the original phone allegation was admitted to be wrong, the speeding allegation was never supported by a radar reading or pacing, and the driver was ultimately released without a ticket. The driver stood his ground, demanded a supervisor, and refused to let an unproven allegation automatically turn into justification for keeping him detained.