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He's [ __ ] arresting me. Dad is [ __ ] ARRESTING ME. >> DAD, YOU'RE [ __ ] ARRESTING ME. >> STOP. You are making this so much worse. >> YOU SHOULD NOT BE INTO MY [ __ ] Nope. Do not pull your hands away. >> You are under arrest. Stop pulling away. >> You should be call my [ __ ] dad. Call my [ __ ] dad AND MY LAWYER RIGHT [ __ ] NOW. >> EASY. >> NO, I'M PRESSING a lawsuit. This is insane. I did nothing wrong. >> You're drinking and you're underage. >> On March 30th, 2024 in Wisconsin, a disturbance call became a prohibition's arrest. Four 19year-olds, one open container, and a statute they did not see coming. Officers had lawful grounds to approach. A reported physical altercation at a specific location satisfies the Fourth Amendment threshold for an investigative contact. What they found was a different problem, but the authority to investigate was already established. 200, are you still on 19 with the PR? >> I am not. >> Hello. How are you? >> What the hell's going on tonight that we're here? >> What do you mean? >> What are you guys fighting about over here? >> No one's fighting. >> Those are our friends. That's all. >> Well, we got a call for a fight between a male and a female. >> Oh, no. >> Can you see if we're talking to the correct people? >> No, these are our friends. >> Okay. Do you have your ID on you? >> I don't think she's going to know that either. >> So, no one in this car was in a fight with these guys. That's the call we got is a guy and a girl were fighting. >> Those are actually our friends. were all just talking and the way it looked people was >> I don't need them for anything. They can go away. >> Yeah. No, those are >> Yo, stop. >> All right, everyone needs to shut up for two seconds so we start taking people to jail. How's that sound? How old are you? >> I'm 19. >> Okay. >> 22. Oh well. >> I don't know why anyone called pull up. >> I don't know. That's what we got to call for male and female fighting and Yeah. I pull up and he stand next to your car. >> Yeah. >> So, we're just trying to figure out what's going >> to get that. But those are our friends. Victor Charles 922063. VC 922 063. >> Can't even see. >> All right. How old is everybody in the car? >> I'm 19. >> I'm 19. >> 19. 19. >> All 19. All right. Can you step out me for a second, ma'am? I'm coming to the front of the car. >> Is that vehicle in park? >> Yes. >> Okay, cool. You return. Stand by right over here, ma'am. Copy. So there was no fight. That's a call. We guys there was a fight between a male and a female. >> How much you had tonight? >> Huh? >> A few shots. >> How long ago was your last shot? >> Um probably like 45 minutes. >> So the no fight whatsoever. No. When was your last drink? How long ago? >> I said 45 minutes. >> Okay. Sorry. It's been a long ride. I've been here forever. >> Calvin. >> All right. I'm going to have my partner come right to make test. Make sure you're okay to drive. Can you come lean against the front of the car for me right here? How much alcohol is in the car? >> There's no alcohol. >> Okay. There's a mill. There's a Michel vulture in the center console. I already saw it. Your friend may have hidden it by now. And they're probably going to go to jail for that. I don't want to do that. So, how much alcohol is in the car? I don't know. There's none of mine. >> Okay. >> She's had a couple shots. Last one 45 minutes ago. Everyone else is underage in the car. Here's her ID. >> Start working from there. >> All right. >> I know how it's going to go. Walk. And now I'm going to >> see the front of my car over here. >> I'm not going to speak to my lawyer. >> Okay. That's not how that works. And he's right. This the last you step out of the car and get arrested for your badge number. This is 222. I need you to step out of the car and identify yourself, please. >> My name is Kaitlin Higgins. >> Nope. You need to step out of the car, Kaitlin. >> Tell him what? >> He's making me step out of the car. >> Kaitlin, step out of the car. >> Nope. >> Okay, Kaitlin, I'm going to warn you if you don't step out of the car. >> What crime am I doing to have to step out of the car? I'm going to >> You ask me a question, I'm trying not to move until >> You ask me a question, I'm trying to answer it for you. >> We're investigating this conduct. There's an open container in the car and there's three underage kids in the car. >> Okay, I'm going to figure out when I get you out of the car. You need to step out of the car. My lawyer gets >> That's not how that works. I'm going to >> This is the last time I'm going to warn you. I'm going to pull you out of the car. >> You need to step out of the car now. >> Step out of the car. >> I'd step out or you're going to go to jail. >> Go to the front of the car, please. >> I'm about to >> I am. What's your badge number? >> I already gave it to you once. >> Well, have a seat right here, please. I'm not going to tell you again this. >> Well, I'm not driving, so it doesn't matter. >> Doesn't matter. You're underage. You guys been drinking? >> I'm not underage. >> Okay. How old are you? >> And I haven't been drinking. How old? >> I haven't been drinking at all. >> Okay. Well, I'm going to figure that out cuz you smell like alcohol. So, go ahead and put your phone down. You don't >> I'm not in the car. >> Can you talk to me and not your dad? Your dad's going to get me arrested real quick. >> Give me smell like alcohol until my lawyer gets here. >> Okay. I don't care. You smell like alcohol. There's opening containers in the car. How much you had to drink tonight? >> I haven't had anything. >> Okay. I'm going to take a look at your eyes real quick and you take a look at this pen right here. Can you clearly see that in front of your face? >> No, you cannot do that until my lawyer gets here. >> I'm going face towards the car. You're under arrest for prohibition. >> Dad, he's under He's arresting me. Daddy's [ __ ] arresting me. Dad is [ __ ] ARRESTING ME. DAD IS [ __ ] ARRESTING ME. >> STOP. You are making this so much worse. >> YOU SHOULD NOT BE INTO MY [ __ ] Nope. Do not pull your hands away. >> You are under arrest. Stop pulling away. >> You should be call my [ __ ] dad. Call my [ __ ] dad AND MY LAWYER RIGHT [ __ ] NOW. >> EASY. >> NO, I'M pressing a lawsuit. This is insane. I did nothing wrong. >> You're drinking and you're underage. >> Okay. And I did nothing wrong. >> You're drinking and you're underage. That's illegal. >> You have You have no proof of that. >> Okay. >> Okay. >> All right. >> Okay. >> Well, I tried to offer you that. Nope. You're going TO WALK THIS WAY. >> NO, I'M WAITING FOR MY WATERREST. >> All right. You're going to get charged resisting arrest. Please stop. >> Stop. >> Okay. Can you stop driving, please? >> No. Have a SEAT IN THE CAR. CALL MY [ __ ] DAD. CALL MY [ __ ] DAD. >> BRO, YOU'RE PROVING HOW SOBER YOU ARE right now. >> Hey, BUDDY. LIKE, YOU'RE [ __ ] GETTING A LAWSUIT. I DIDN'T DO [ __ ] to you. >> You're underage and you're drinking, >> bro. I didn't do [ __ ] to you for you to [ __ ] do this to me. >> Don't be drunk underage. >> I'm sorry. >> ARE YOU [ __ ] KIDDING ME? YOU'RE THAT MISERABLE. >> So angry. Pennsylvania versus Mims 434US106 1977 holds that officers may order a driver out during any lawful stop with no additional justification. Maryland versus Wilson 519US 408 1997 extended that rule to every passenger. Refusing compounded the problem. Wisconsin statute section 946.41 prohibits knowingly obstructing an officer performing a lawful act. The refusal added a second criminal exposure without removing the first and made the situation worse with every second it continued. Wisconsin statute section 125.07 subsection 4 bars any person under 21 from possessing or consuming an alcoholic beverage. No proof of intoxication required. Four underage occupants plus one open container satisfied every element. The open container also independently justified a vehicle search. Carol versus US 267US 1321 1925 permits a warrantless search when officers have probable cause to believe evidence of a crime is present. One visible bottle satisfied that threshold. Wisconsin statute section 343 governs the preliminary breath test. APBT result establishes probable cause only not a blood alcohol number for trial. The number used in court must come from a certified instrument. Graham versus Connor 490 US 386 1989 holds that reasonleness is judged from the perspective of a reasonable officer at the moment of decision without hindsight. Resistance during handcuffing following repeated verbal warnings places the response within that standard. Pre-arrest questioning did not require Miranda. Burkimer versus McCarti 468US420 1984 established that investigative questioning during a non-custodial stop does not trigger it. Constitutional custody begins at formal arrest. Statements before that point were legally obtainable. The primary officer receives a B+. Each action was legally sound and documented on camera. Declining to pursue an OWI investigation despite confirmed prior consumption reflects proportional judgment. Multiple verbal warnings before any physical contact support that grade. The driver receives a C. The prohibition's charge was set before officers arrived. Refusing to exit, resisting during handcuffing, and narrating the arrest into a phone each added exposure. None of those choices protected a right. All created new risk. The second subject receives a C+. Cooperating with the PBT and not physically resisting kept her exposure to one charge. That distinction is the practical difference between a prohibition citation and a prohibition citation plus two more. The department receives a B. Officers demonstrated legal competence, coordinated across multiple subjects, and documented every key action on camera. The one open question is whether agency policy required badge identification to be restated upon request. Totally calm down. >> K, relax. >> Oh my god. >> No, I'm not. I just want to WAIT TILL I [ __ ] GET HERE. >> OKAY. Sit right here. >> How many in the eyes? >> Eyes check. Okay. >> Okay. Give her >> done this before. >> So, you guys are going to check us, but not the other driver. >> Who? the other car that was here, our friends, that y'all said that we were fighting with or whatever. >> I didn't arrive on scene first. >> I'm sorry. >> This officer here. >> There's so many faces. I don't even know who I'm talking to. So, >> I don't know what vehicle you're talking about. >> Well, the cops came because they said that we were fighting with those boys, but those are our friends and you guys are going to do tests on us, but not them. And we came from the bar with them. So, That is >> What is it? If you're on your age, it's like point [ __ ] what? 0 something 6 >> 02 >> 02 Might as well just [ __ ] call someone. >> Make a nice tight seal around the straw here >> and take a nice long deep breath out. Okay, >> that I'm going to look at your eyes as well just to confirm what he saw. Okay. >> Hey, listen. We've all been 19 before. We've all How? Listen, how old are you? 19. >> I'll be 20 next month. Do this. We've We've all been your age before, okay? And I'm not saying that we all haven't made stupid mistakes by drinking and stupid [ __ ] like that before. But we also But we also don't bring attention to ourselves when we're doing something that we're not supposed to be doing. >> And you guys brought attention to yourselves and that's why we're in this situation right now. Okay. >> I understand. We investigated your vehicle. We learned that you guys were underage. We learned that there's alcohol in the car. We're going to deal with it and we have to deal with it in a in a law enforcement way. Okay. >> So whether you get arrested or not, that's not up to me. But if that's the case, we live and learn. We move on from it. Okay. >> Yeah. >> So just hang out right here at the front of this vehicle for me, please. >> Could you guys grab my phone out the car for me? >> Yeah. We'll get your stuff here. >> Okay. So I can call my mom. >> What she blow? >> Go ahead and place her on her nose. >> Can I call my mom real fast? >> Put your hands behind your back. Put your palms together. >> Put your palms together. >> Sorry. >> Just take a deep breath. >> This isn't the end of the world. [ __ ] left. [ __ ] left when I said >> [ __ ] >> You can put her in my car. is >> I know I can't have my phone but like mom and my little sister's at home and I was supposed to go there. >> So I up the car. There's two underage kids in the car. It smells like alcohol. I think in the car I'm now conducting investigation in the car real quick. We're just going to >> I don't >> I don't care. You're under arrest. Can you face towards the car for me? >> You're under arrest prohibitions. I need you to face towards the car. >> I don't. >> Okay. >> Off for me. Put yourself down. >> Um, >> the answer is yes. Put yourself on the car. >> I don't understand why I'm under arrest. >> Cuz you're underage and you've been drinking. You can't be drinking underage. Just like she can't have a beer just like your friend can't drink underage. >> This is where we're at. >> Can you please put your purse in the car? >> Do you want a 31? >> Miss right over here. >> On the car. On the car. >> I'm sorry. I >> All right. Can you take your phone and put it on the hood of the car also? I don't want the damage. Put your hands behind your back. Being placed under arrest for prohibitions. Okay. >> FaceTime mom. N we're not FaceTiming anybody. You don't want to FaceTime your mom right now. >> I do want to FaceTime mom. >> You probably don't. >> You go. Mom can come pick you up in a couple hours once you get your paperwork done. Okay. You guys can't be out drinking and doing this stuff. It draws negative attention to yourself. And then when you come across the police, >> I don't I don't understand. Can I have my bag in the car? >> Yeah, we can put it with you. >> I will never >> on the other side. >> No, this side. >> I will never >> in my life. >> This is ridiculous. >> I will never tow my car. I already have $1,000 more. >> Can you just make sure my bag and my phone are in here? >> We'll bring your property. >> Thank you. >> My little sister is probably freaking out. It's okay. >> I was on the way. >> It's okay. >> Step out. >> I can't. Go to the side of the car. Before you went, did you have anything you cut, poke, stick, needles, drugs, anything like that in your possession? Okay, I'm going to walk this way. Go between the cars. To the left. Go ahead. Just put the park bench. >> Okay. Thank you. I I have to ask. Can you guys >> I'm not going to charge you or anything like that. You understand? You can't do that kind of stuff. You could charge it. Correct. >> You understand that, right? >> Okay. I'm not trying to ruin your freaking life, but I can't leave three-year-old. >> Okay. I just want you to know tomorrow. >> No, we're not. We might charge you with the >> Can you untighten these a little, please? >> They're really tight. >> I'm just really scared and upset. I've never >> Well, I will try to answer your questions. >> I've never been. >> Hang on, guys. I can't I can't >> Yeah, I'm >> I'm confused as to how like the boys >> are just like gone >> cuz when I walked over, you guys are all underage and there's alcohol in the car. >> I'm not charging you with Doc. I'm not charging you with anything yelling at each other. >> I do understand >> the call we got was a guy and then when I get there, this young lady in the red is talking to the guy we talked to and we got a call for a fight in that exact location. That's how we found you guys. It wasn't just magic. >> So that's when we meet make contact with you all. We we find there's we there's alcohol there, guys. Like our hands get tied. Brush your arms back. Ma'am, >> can I please? >> No, not right now, unfortunately. Put your hand on that. >> It's okay. I kind of had like >> Which one you need? >> He's done. Just come down. >> Every encounter like this produces transferable lessons. These five came directly from what this footage shows. And each one applies anywhere youth, alcohol, and law enforcement intersect. Lesson one, Wisconsin statute. Section 1 25.07. Subsection 4 requires no intent and no visible intoxication. Under 21 and in possession satisfies the statute entirely. I didn't think I did anything wrong does not appear anywhere in that language. Lesson two. Refusing a lawful exit order under MIMS does not protect you from the underlying charge. Wisconsin statute section 946.41 makes the refusal a separate criminal act. You leave with everything you came in with plus one more count. Lesson three, physical resistance during a lawful arrest is a standalone crime regardless of whether the arrest itself was valid. Challenging an arrest belongs in a courtroom. The resisting charge survives even if the original charge is later dismissed. Lesson four. ABBT result is not a BAC for trial. Wisconsin statute section 343 limits. PBT results to establishing probable cause only. The number used in court must come from a certified instrument. Lesson five. Under Carol versus US, one open container creates independent probable cause for a warrantless vehicle search. Ownership is irrelevant. Awareness is irrelevant. Visible presence of an open alcoholic beverage is all officers need. The case outcome is unknown at time of this analysis. No confirmed court records were identified. Based on the footage alone, the arrests carry layered, welldocumented probable cause. Any legal challenge faces a difficult path given what officers documented before handcuffs were applied. What protected these officers was documentation, legal basis stated on camera, warnings issued on camera, force at minimum necessary level on camera. That is procedure working as designed and it is what makes these arrests resistant to suppression at any hearing that follows. If this breakdown changed how you see what the law requires in a moment like this, drop the topic you want covered next in the comments. Give this a thumbs up and subscribe to our channel for this kind of legal analysis on every new incident.
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