Turn around. Put your hands behind >> Can I ask what I'm being arrested for? >> For DUI. >> For what? >> For DUI. >> What did I do? >> I just told you. >> But why? >> around. Ma'am, listen to >> Yeah, you're under the influence of alcohol to the point your normal faculties will be affected. >> me over? >> First of all, if you don't turn around, you're going to get tased. >> But why did you pull me over? I'm just wondering. >> Because you're having sex in a parking lot. >> Why did you pull me over? >> I just told you. Because you're having sex in a parking lot. >> Why are you guys here? >> I just told you. Turn around. >> Why? >> Turn around. >> I'm not going to play with you. >> On April 8th, 2023, in Hillsborough County, Florida, a patrol deputy made contact with two individuals in a parked, running vehicle. What followed is a case study in how a routine encounter becomes a legal minefield for everyone involved. >> Ma'am, go hop out with me. >> I'm sorry? >> Hop out with me. Appreciate you. Just stand right here for me. Stand with your feet together. Hands out to your side just like this. I'm going to look at your eyes really quick. Don't move your head. Just follow your eyes, all right? Okay. Robert, here's this back. >> Yes, sir. >> Have you been drinking at all? >> We both had a couple drinks earlier. >> Let me look. Let me see your eyes real quick. >> All right. You're free to leave. I wouldn't recommend you drive, though. Okay? >> Cuz if you get in your car, I'm going to arrest you for DUI. >> Okay. >> Okay? Understand? >> Yes, sir. >> So, good. If If want to get on your phone and go ahead and start calling somebody, go right ahead, all right? >> The first question is whether this investigation had a lawful foundation since the deputy never observed the subject driving. Florida Statutes Section 316.193 does not require the vehicle to be in motion to establish DUI liability. That statute criminalizes being in actual physical control of a vehicle while impaired. In State versus Cliphouse, a Florida appeals court held that a person in the driver's seat of a running vehicle with accessible keys meets that definition whether the car is parked or not. >> Ma'am, right now I'm going to conduct a DUI investigation to determine if you're impaired to the point your normal faculties are being affected. Do you understand that? All right. The reason you're behind that you're in active active physical control of a motor vehicle, all right? All right, even though you weren't driving, you're sitting in the parking lot, you're in the behind the driver's seat, your vehicle is on, it's running. You were going to drive after you had sex with this this young gentleman, okay? Do you understand? You get where it's coming from? >> Yeah. >> Okay. All right, in order to do that what I'm going to do is I'm going to ask you to perform a series of series of tasks. Those tasks are to determine if you're impaired or not impaired, okay? Do you understand that? >> Yes. >> All right, before I do that what I'm going to do is I'm actually let's walk over here. Do you have your shoes? >> Yeah. In my car. >> Go ahead and grab your shoes. Can you walk right over here again? No, just as if you want to grab his 40 information for a report. All right, like I said, I'm going to ask you to perform a series of tasks. Those tasks are to determine if you're impaired or not impaired, okay? Part of me doing that, I'm going to let you know what your rights are. It doesn't mean that you're under arrest. It does not mean that you will be under arrest. It just means that you're currently detained by law enforcement and you're not allowed to leave, okay? Do you understand that? >> I understand. >> Okay. So, right now I'm going to You You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to talk to a lawyer for advice before you are questioned. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed to you before any questioning if you wish. Do you have any medical ailments that we should be aware of? No. Do you have any problems with your legs, feet, or Okay, do you wear glasses or contacts? >> I wear contacts. >> Do you have contacts in right now? >> Yes. >> Okay. Um do you have diabetes? >> No. >> Do you have epilepsy? >> No. >> Okay, perfect. Um just stand right over here for me and face me. There you go. What I want you to do is I want you to stand with your feet together, hands at your side, just like this, okay? I want you to remain in that position until I tell you to move. Do you understand? >> Yes. >> Okay. What I'm going to have you do is you're going to look at my pen and you're going to follow it with your eyes and your eyes only, okay? During that entire time, I don't want you to move your head. I just want you to follow with your eyes, okay? Just follow with your eyes, okay? Make sure you're following with your eyes. Keep your eyes on it. Keep following with your I'm going to go up. Same thing, follow with your eyes, don't move your head. Sorry, I just got dizzy. You're okay. You're okay. Ready? Okay, put your hands back down at your side. You're fine. Go ahead and get back in position, hands down at your side. Hands down at your side. >> There you go. >> All right. All right, do you see this line here on the ground? All right, what I want you to do is let's go stand over here on that end of the line. About where the cigarette butts are. And take your left foot, put it directly in front of the on the line. Take your left foot. Put it on the line, on the white line. There you go. Place your right foot in front of your left, touching heel to toe just like this. Okay? I want you to remain in that position until I tell you to move. Do you understand? Now, when I tell you to, what you're going to do is you're going to take nine heel-to-toe steps along the line. It's going to look like this. One, two, three, all the way up to nine, okay? On that ninth step, I want you to leave your front foot planted on the ground, take a series of short short steps, choppy steps, turn yourself around, and then take nine heel-to-toe steps back down the line. One, two, three, all the way up to nine. During that entire time, I want you to leave your feet or I want you to leave your hands to your side. I want you to look down at your feet. I want you to and I want you to I want you to count out loud, and I do not want you to stop until you complete the entire task. Do you understand that? >> Yes. >> Okay. Go ahead and begin. >> I'm sorry. I'm sorry. I'm just like distracted. >> 16 steps. Just continue how I just instructed you. >> 17 18 18 steps. 19 20 21 22 >> Do you remember how many steps I told you? >> You said nine. >> Okay. How many steps have you taken? >> I've taken use >> You've only taken two steps so far? >> Yeah. >> Okay. Let's Let's go Hold on. Hold on. Let's come back over here. Let's go back down the line again. Remember how I told you to turn and and all that stuff. >> [snorts] >> Go ahead and stop there and turn around for me. And then continue. >> I should restart. I'm sorry. I was moving my Sorry, I just >> Please. Please. >> Okay. >> Okay. All right. Next, I want you to do is I want you to stand right here for me. Face me. I want you to stand with your feet and heels to Just together just like this. Hands out to the side just like that. All right. I want you to remain in that position till I tell you to move. Do you understand? Now, when I tell you to, you're going to raise one of your feet. I don't care which one. It could be your left. It could be your right. I don't care. Okay? You're going to raise it approximately 6 in off the ground. You're going to have your toe pointed forward. You're going to look down at your foot. You're going to count out loud, "1,001, 1,002, 1,003", and so forth until I tell you to stop. Okay? So, it'll look just like this. Your foot's going to be up. Toe pointed forward. Hands to your side. Looking down at your foot. Counting out loud, "1,001, 1,002, 1,003, 1,004", and so forth until I tell you to stop. During the entire time, I do not want you to put your foot down. I do not want you to raise your arms. I do not want you to hop. And I do not want you to sway. Do you understand all those instructions? Now, this is a timed task. So, I will tell you when to uh start and when to stop. >> Yes, sir. >> Okay. Are you ready? Go ahead and begin. Okay, stop. All right, next thing I want you to do again is stay with your feet together, heels and your toes touching. Take your fingers just like this. Place it back down your side just like that, okay? Now, when I tell you to what you're going to do is you're going to close your eyes, you're going to tilt your head backwards, okay? Not until I tell you to do that, okay? Then, I'm either going to say left or right, okay? When I say left or right, what I want you to do is I want you to bring the hand I say straight forward just like this. Bring the tip of your finger into the tip of your nose, straight back out, straight back down, okay? It's going to look just like this. Your eyes will be shut, your head will be back. I'll say right hand and you'll do this. I'll say left hand and you'll do this. Do you understand all that? Okay. Go ahead close your eyes, tilt your head back. Right hand. Continue as I instructed. Left nostril. Left nostril. Remember what I said, up, in, out, down, okay? Go ahead get back in position for me. Now, put your hand back down. Put your hands to your side, there you go, perfect. Left hand. Under the nose. Left hand. Side finger. Right hand. Side finger bridge. Right hand. Side finger nose. Okay, and open your eyes. What's the highest level of education do you have? BS. Okay, I do. >> I'll graduate in August. >> Okay, so you're about to be a graduate. Okay. Do you understand the English language? >> I do. >> Do you understand the alphabet? >> I do. >> Okay. What I'm going to have you do is I'm going to have you recite your alphabet, okay, starting from the letter D as in dog and ending at the letter Q as in Quebec. Okay? I don't want you to say anything prior to D and I do not want you to say anything after Q. Do you understand that? >> Yeah. >> Okay. During that entire time, your hands are going to be at your side, your eyes will be shut, your head will be tilted back. Okay? What What letter are you going to begin with? >> D. >> And what letter are you going to end with? >> Q. >> Okay, go ahead, close your eyes, tilt your head back. >> D E F G H I J K L M N O P >> Okay. Now, what I'm The last thing I'm going to do is I want you to imagine 30 seconds inside of your mind, okay? So, what you're going to do is you're going to close your eyes, you're going to tilt your head back, and then not yet, though. Hold on. Okay. And I want you to imagine 30 seconds. So, whatever however you get there, or just do not count it out loud, okay? Does that make sense? Okay, however you want to count it inside of your head, you're welcome to. Okay? Um once you get to the get to 30 seconds, what I want you to do is I want you to open your eyes and tell me to stop. >> Okay. >> Okay? That way I know I know you're done. Okay, I don't want to assume that you're done. Okay? Do you understand that? >> Yeah. >> Okay, good. Place your hands by your side, tilt your head back, close your eyes. Good, and begin. >> 5 >> I'm going that way. >> 5612 5627 >> 10-4 36 5312 36 >> 12 3612 >> Go ahead. 5312 36 Are you able to start heading over this way? Reference is speaking only Spanish via signal one. 10-4 >> 5312 5312 >> 5312 5312 5312 5312 >> Perfect. >> Okay. And how much How long was that? >> I don't know. It was like 55 or a minute. >> Okay. And what was my instructions? >> A minute. >> Okay. How did you count that? >> Uh 1 1,000, 2 1,000, 3 1,000, 4 1,000. >> How much have you had to drink today? >> Uh I had two drinks here. >> What two drinks? >> Uh I had Captain Coke. >> Captain and Coke. Were they singles, doubles? >> Singles. >> Okay. Were they talls, shorts? >> Uh they were talls. >> Okay. So, single talls, Captain and Coke, two of them. What time did you start drinking? >> Uh around here around 10:30. >> Okay. And what time did you end drinking? >> Around 11:30. >> 11:30. What time do you think it is currently? >> Um like around like 1:30. >> You think it's about 1:30 right now? Okay. Um on a scale from 0 to 10 with 0 being completely sober and 10 being fall down drunk, how would you rate yourself currently? >> I would rate myself around three. >> A three? Why would you say a three? >> I would say a three because I feel fine. >> Okay. Do you feel impaired at all? >> No. >> Do you feel buzzed? >> No. >> No. >> Miranda timing is the second legal issue. Physical performance of sobriety tests is not testimonial under the Fifth Amendment. So, Miranda does not bar administering those tests first, but verbal admissions about alcohol consumption made before the formal advisement are potentially suppressible at trial. The deputy administered all three NHTSA standardized field sobriety tests. The horizontal gaze nystagmus, the walk and turn, and the one leg stand, plus two supplemental evaluations. Each was demonstrated before the subject performed it, consistent with NHTSA protocol. The walk and turn requires a minimum of two clues to indicate impairment at the legal limit, and multiple clues were documented here. The modified Romberg test is the most revealing result here. A sober person estimates 30 seconds within a 5-second margin. This subject ran between 55 seconds and 1 full minute, nearly double the target, consistent with central nervous system depression caused by alcohol. When asked to self-rate her intoxication from 0 to 10, the subject said three, and stated she felt fine. Research consistently shows impaired individuals underestimate their own impairment as blood alcohol rises. That response reinforces the officer's probable cause finding, rather than undermining it. Probable cause rested on four pillars: failure of multiple sobriety tests, voluntary admission of alcohol consumption, stated intent to drive home, and presence in the driver's seat of a running vehicle. Under Graham versus Connor, 1989, the arrest is evaluated on what a reasonable officer knew at that moment, and that standard is satisfied. >> Okay. Um and you is that your vehicle, the Mustang? >> Yes. >> All right. Um and just to confirm, what was going on when I first arrived? >> Um it was the first time I'd ever met him, and I was just kind of I liked him, and I was attracted to him, so I wanted to I wanted to like be attracted to him. >> Okay. >> But >> why your pants were off and his pants were off? >> Yeah. >> Okay. And after you all finished that, what were you going to do? >> Absolutely nothing. I was going to go home. >> You're going to go home, and where's home? >> Uh I'm on Alafaya. >> Alafaya, okay. All right. Let's walk over this way for me. Do you have any tattoos that I need to know of? >> Uh I do. >> Where? >> I have a couple. >> Where? >> I have a little one here. >> Okay. >> On my arm. >> Okay. >> On my hand. >> Okay. >> On this hand. One on my leg. >> Okay. Where at on your leg? >> On my ankle. >> Okay. And just chill right there by my back tire. Does he have a ride coming? >> He's trying to call some >> Okay. >> Um he lives off Chapman. >> Okay. >> I told him if anything I'll take him over there. >> Okay. >> But he's still calling the hotel. I left you his info on top of the computer. >> All right. >> Do you have any tattoos? >> Let's go take a quick picture of you, okay? >> Why? >> Just look at me, look at me. And then your tattoos. >> Why? >> What's that? >> Why? >> Because that's what my sergeant requires. >> Why? >> What, why? >> Yeah. >> I have no idea. You can ask him that. I have no idea. >> Why does he want >> What's that? >> Why does >> Well, right now you're going to be placed under arrest for DUI. Go ahead, turn around for me. Place your hands behind your back. Actually, before I put this on you, let me take this off and put it in your Put it on the side. I'm going to take your watch off and put it in your Actually, take your watch off for me and put it in your pocket. That way I don't want it to get damaged. And it I don't With the handcuffs on, it could hurt your wrist a little bit. I want to try to prevent that. So, just put it in your pocket. That way you have it on you. If you want to take that off, too, you can, too, and put it in your pocket. >> Does she have the keys to the car? >> It's sitting in the driver's seat, I think. >> Okay. >> Where's the keys at right now? >> My purse. In your purse? You need to help you? You got it? All right. Just turn around. Again, turn around. Hands behind your back. >> Why are you asking what I'm being put under arrest for for DUI? >> For what? >> For DUI. >> What did I do? >> I just told you. But turn around. Ma'am, listen. Yeah, you're under the influence of alcohol to the point you're not able to operate a vehicle safely. >> you pull me over? >> First of all, if you don't turn around, you're going to get charged with >> But why did you pull me over? I'm just wondering. >> Because you're having sex in a parking lot. >> Why >> I just told you. I just told you. Because you're having sex in a parking lot. >> Why are you guys here? >> I just told you. Turn around. >> Why? >> Turn around. I'm not going to play with you now. This isn't how it goes. We're not doing roadside roadside I told you multiple times already. You don't have sex in a parking lot, okay? >> Well, why were you guys called? >> Nobody called. I was doing my job and patrolling the >> were you guys called? >> We Nobody was called. >> So, why did you guys come? >> Because it's my job to patrol the >> did you guys come? >> Stop. >> So, why did you guys come? >> I'll hold on. >> I didn't do anything. We didn't come. >> Stop. >> Stop. It's your fault. It's your You can't pull us over. Why? Why? >> You're about to go on the ground. >> Why? >> Listen. >> You can't put me under arrest. Tell me. >> You're going to go to the ground. Stop. That's true. You want me to put you on the >> Why? Explain. >> I've already >> Explain. >> I've already explained. I don't want to >> Why? >> But we're going to have to if you do not put your hands behind your back for me. Now you're just going to be in charge of resisting and [ __ ] that now. >> Step up, please. Thank you. Here you go. Thank you. I think the other deputy is going to give you a ride, I think. >> Yes, sir. >> Okay, cuz you can't get in anywhere. >> no one's I mean at this time no one's >> Yeah, I understand that. >> I did have a friend that left like 45 minutes ago, so >> on? >> Yeah. >> The feed. >> Yeah. So, she's being placed under arrest for DUI and resisting officer without violence. In case you were wondering. >> So, without violence? >> Yeah. >> Yeah. It's all because she had to pee in the car. >> Well, yeah. I mean, she's in active physical control of the vehicle. And like I said before, let's be real. I mean, she's hammered drunk right now. If she drove >> why we hung out longer was two of things. One, because we're passing time by and two, because you know, we're with each other. >> I get that. >> Yeah. >> But, still she's too way too intoxicated. >> Okay. You know where she lives, too, right? >> Uh she lives more towards me, but >> She said out of state. >> It's not It's a long It's a little longer ways, yeah. >> But, I'll be there. Thank god for that something happened. >> She said out here woods or out of state? >> She said out of state. >> Oh, no. I thought she said out here woods. >> And that's And that's why the law states in active physical control of a vehicle, cuz if she drove from here and crashed >> Yeah. >> you know, after I came in contact with you guys, like, come on now. Obviously, I would be losing my job. Yeah. >> I understand. >> Ma'am, what's your name, ma'am? Ma'am, I got to be able to identify you so can bond out tonight. >> know >> what's the reason? >> I work here at the jail. You've been arrested for DUI among other things, but I'm trying to get you processed so you can bond out. I need to know your name, ma'am. >> I would like to know the reason why. >> Driving under the influence. >> I was pulled over for tonight. >> Ma'am, I didn't I didn't arrest you. >> I know. I understand that. >> do you want to be able to go home tonight? >> Yes. But I would like to know >> I need to know your name. >> like to know why. >> All right. You'll be a Jane Doe, no bond. If you don't answer if we can't identify who you are, you can't bond out. Then step on out. >> Step in there. >> Yeah. >> On the resisting charge, Florida statute section 843.02 defines the offense as knowingly and willfully obstructing an officer in the lawful execution of a legal duty without violence. If the underlying DUI arrest is legally sound, the resisting charge stands with it. Verbal protest is not resisting. Asking why police are present, demanding an explanation, questioning an arrest, none of that crosses the line under section 843.02. The charge here rests specifically on the physical refusal to comply with unambiguous arrest commands. One moment carries serious evidentiary risk. After the arrest, with the camera still active, the deputy acknowledged in candid conversation that the encounter ran long partly because the officers were spending time together. Defense counsel will argue that statement shows the stop was unlawfully prolonged. The deputy receives a grade of B minus. The investigation was methodical, the sobriety tests followed protocol, and the legal basis for the stop was defensible. The grade drops for the unguarded body cam statements, the marginal communication during the arrest, and the limited visible documentation of the initial contact decision. The subject receives a grade of C plus. She cooperated with physical testing and did not escalate to violence. Voluntary statements built the prosecution case. Physical non-compliance during the arrest added a second charge, and refusing her name at booking eliminated any chance of same night release. This footage shows that the most costly mistakes were made in quiet moments, not confrontational ones. Here are five lessons this encounter teaches anyone watching it closely. Lesson one, a parked car can still trigger a D U I. Under Florida statutes, section 316. 193. If the engine is running, you are in the driver's seat, and the keys are within reach, you are in actual physical control of that vehicle, whether it has moved or not. Lesson two, you are not required to answer questions about your alcohol consumption. The Fifth Amendment protects against self-incrimination, and roadside questions about how much you drank are not legally compelled. Every voluntary answer builds the probable cause record the officer is assembling against you. Lesson three, comply first, contest it in court second. Under Florida statutes, section 843.02. Once a lawful arrest is initiated, physical non-compliance becomes a separate criminal charge. Disagreement with an arrest is a legal argument for a judge, not a physical act at the scene. Lesson four, body cameras do not stop when the handcuffs go on. The deputy's post-arrest conversation was captured in full while he assumed the camera was no longer a factor. Anything said at a scene before the camera is formally deactivated is potentially admissible and that applies equally to officers and to subjects. Lesson five, refusing your name at booking does not protect you. It traps you. Providing identifying information for booking does not implicate Fifth Amendment protections under Florida law. Withholding it eliminates bond eligibility and extends detention with no legal benefit whatsoever. 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