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- 2026-10-22 16:28
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On October 23rd, 2024, Orlando police officers approached a vehicle parked in a high drug activity area. Inside, they discovered a 19-year-old woman with a white substance visible on her phone. From a legal point of view, officers say they saw a suspicious car backed in at a high drug traffic area. Merely being in a high crime area does not justify a Terry stop. Illinois vers Wllo 2000. They must have specific articulable suspicion of a crime or traffic violation. >> Zero in a door. >> What's up with your wrist? >> I have nerve damage. >> Okay. >> We're going to explain this. Walk over here. Do you have any weapons on you? You >> have any weapons on you? >> No, sir. >> Yeah, it is legal. >> I think that's just my key. >> Okay. >> I'm just going to check this front pocket on this jacket. >> Do you live over here? >> Um, I used to live over here on the east side. >> What do you say this is? >> I think it's either my vape or my car key. >> Okay. All right. Just lean on the car. Do you have your ID in the car? >> Yeah. I >> Where's it at? It's in my curves. What's going on? >> Just lean on the hood. Walk here. I'm just going to Here. >> What did I do wrong? I don't >> All right. Spin around. We'll explain everything in a second. >> Can you explain it now? Because you guys are going through the car and don't you have to tell me? >> He's a primary officer. You're going to have to speak with him on that, but it's going to be after he's done what he's doing. >> You don't have to read like my man right or anything? >> No. Not to search the vehicle. Is >> there anything in my car that's going to hurt us? >> Note, I'm not going to follow. >> A Terry Frisk is allowed if the officer has reasonable belief the suspect is armed or dangerous. Hide drug area plus white powder might justify that safety concern. >> Questionable point. The officer searched pockets and jacket before confirming probable cause to arrest or obtaining consent >> without a clear weapons concern. This might be an unlawful search. Minnesota vers Dickerson 1993. >> So you just ask in regards to a substance that if you touched it or something like that, >> there's nothing >> for just safety reasons. >> This is a rental car. >> All right. >> I my friend rented it for me. Um He has like the email and stuff proving it is a rental car. You live around here >> like downtown? >> I haven't heard from nothing yet. >> DC search. >> DC. >> That's wrong. >> Okay. >> Do you turn around this way? >> Do you have anything illegal on you? Anything that's going to poke me on you? anything that's going to poke me, prick me, stick me, or if they happen to decide that you are going to go to jail, that you have hidden on you, that when you go through a scanner that they will find, you will get an introduction charge. >> Okay. >> Oh, I keep hitting something. I like, oh, that's your belt. 667 Westia 667 Westia Street caller subject came to the car's home all black clothing standing downstairs for back >> I have a shirt on >> does it have pockets >> no >> okay then 12 victor probably >> all right put this key back in your pocket and you can turn around >> as well. Right. You've been very cooperative and cool with those and I appreciate that. >> But I do want to talk to you. Okay. Before I do that, I just have to read you your rights. Does not mean you're under arrest right now. Just means that you are detained and I have some questions about what's going on here. So, these are your constitutional rights. Has anyone threatened you or promised you anything to get you to talk to me? Having these rights in mind can ask you a couple questions about what's going on here? Yes. Okay. So, what were you doing when we came up? >> I was on the phone and I had stuff on my phone. >> Yeah. And you were you quickly moved your phone, but you know, I was faster than you, so I saw what's on your phone. It was just Coke. Okay. So, there's no phone or anything like that. No. >> Whose car is this? >> Um, it's a rental car. >> Okay. >> My friend had rented it for me. This dude takes like cash out like the paperwork type deal. >> Okay. >> Cuz I'm not 21 so I can't rent a car. >> Yeah. Um what all was found in the car? >> Co. >> Okay. Who's cooking though? >> Okay. Are you are you just a user or what? You're an addict. How long have you been doing it for? >> January. >> And why are you here? I had just pulled in. Um I was going to see my friend, but he wasn't home. >> So I saw you I saw this car driving around earlier. >> Yeah. And >> so were you just stalling taking time? >> Yeah. I was at my friend's house and then I left and went and grabbed Panda Express and then I dropped it off. >> Once someone is detained and questioned about criminal conduct, officers must mirandize. >> I just have to read you your rights. You are detained, not under arrest. >> That's legally proper. Miranda applies to custodial interrogation and she's clearly in custody. >> Depressed bricks of it and then there's powder. What's up with the two different types? >> Um I don't know. >> Is that just how you bought it? Um let me tell you this. As of right now, we're still investigating trying to figure out trying to put pieces together, figure out whose car this is >> and all that stolen. We don't know. >> Um, whose gun is that? >> Is mine. Someone gave it to me cuz I'm not I can't buy one and I read online that you could be gifted it. >> Someone just gave it to you. Did they Did you pay for it or anything? >> No. One of my friends I went up and visited my parents. They live in Alabama and one of my friends in Tennessee gave it to me. >> Okay. >> So, you got it from a friend in Tennessee? >> Yeah. >> How long ago was that? Um, probably like a month or two. Month and a half. >> A month or two ago. >> Yeah. >> Are you selling to these people down here? >> No. >> For money? >> Cuz you have cash in there. Assortment assorted bills. >> I like I do have cash, but I don't sell. >> Temple. Okay. So, there you're Are you selling to these people? Were you sitting here with the intention of possibly someone coming up and selling? Because there was a bunch of people sitting over here. >> Yeah. They I don't even know them. I hadn't even talked to them. >> So why would you park here? >> I've been here before. Like I just pulled up >> to do what? >> To sit and wait for my friend to get home. >> So you're just going to do some dope and just wait? >> Yeah. I I just pulled over here to call my other friend to see what he was doing cuz I was bored. >> Where'd you get the dope from? >> Um I don't know. >> Okay. >> I'm going to explain this to you. Okay. First, it's not looking good on your part right now. Okay? Have you ever been in trouble before? Okay? It's not looking good on your part. Your cooperation moving forward could only help you. You're 19 years old. It's not willing to ruin your entire life over an addiction that you have at 19 years old. You get what I'm saying? So, your cooper cooperation moving forward could assist you immensely. That's all I'm going to say. So, it's up to you if you want to talk to me and give me any information or if you want to talk to a detective or anything like that. >> But what I'm saying >> I don't really know anything. I just >> Well, I mean, you buy you buy the drugs from somewhere, right? >> I mean, I >> they don't disappear, right? >> I just got back from my parents house. I got them from >> Where do they live? >> North Alabama. >> Okay. Well, I'm sure you know people around here as well. And I I I already know that. Okay. So, if you want to work and help us, it would only benefit yourself cuz it's not looking good. Okay. >> Not at this time. >> Oh, you run everything. >> What? >> You run everything yet or >> So, gun's good. >> Okay. >> The thing comes around it. Okay. >> It's not a sign. So, I got to run the pin. >> Okay. >> Um, we cleared the gun. There's one in the chamber. It's a 40 cal in the chamber. >> Potential coercion concern. Statements like, "It's not looking good on your part. Your cooperation could help you." Border on implied promises of leniency, which can make a confession involuntary under Bram V. United States 1897 and Colorado versus Connelly 1986. If the statement persuaded her to speak further, defense council could argue the later admissions were inadmissible because they were coerced. Courts look at totality of circumstances, age 19, custodial pressure, tone, etc. Conclusion: Cocaine, a firearm, and paraphernalia. The charges themselves are appropriate given what was found. Question is whether the stop and search were constitutional. That determines if the evidence survives a motion to suppress.
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