I need you to put your hands behind your back for me. Okay. You're under arrest from the UI. Okay. >> Got your kids right there. >> Miss Bush. Miss Bush. We're going to get to all [crying] that. But listen, you have your kids right there. Come on. >> On April 7th, 2023, the night before Easter, a drive-thru welfare call ended with a mother in handcuffs. three children in the back seat and six criminal charges. The first legal question is whether officers had grounds to stop her. Under Terry v. Ohio 392 US1 1968, police need only reasonable, articulable suspicion, specific and observable facts, not proof beyond a reasonable doubt. The employee provided exactly that. A driver striking the curb, nearly backing into another car, falling asleep mid-transactions, slurred words, and three minutes to hand over money. That firsthand account clears the Terry threshold without question. >> She died. >> She went inside. >> Yeah. I told her we were over. She came inside. >> I didn't want her to pull off. She say she's just tired, but I don't think she's >> How are we doing, dear? >> Hi, how are you? >> What's going on today? >> Nothing. I came here to get my kids home to eat and that's about it. She ended up calling you guys. >> Yeah, because I was concerned you were falling asleep in the bathroom. >> I'll come and talk to you in a second. I got >> Yeah. Like I I I'm I'm a nonprofit organization. Every head must bow. every uh Tom Musk. I have spent all day cooking breakfast to dinner. Got to go pick up my kids. Came got something to eat. Getting ready for Easter tomorrow. I am tired. So, it's not like I'm going to sleep behind the wheel. I'm literally right here at um I stay right across the street. So, this my last stop. So, I made no crime. I did I committed no crime. I paid for my food. I got you. You have a driver license. >> At this point, I don't even want no food for her to get me. >> You got your driver's license on you? >> No, I don't have a driver's license on Listen. Time out. >> Okay. >> Let me let me explain a couple things to you. Okay. >> Yeah. >> All right. So, you're >> cuz I can't believe she put me in this type of predicament. >> I got it. All right. But I'm already exhibiting a few things that are causing a little bit of concern for me. Okay. >> All right. You're you're unsteady on your feet. You got slightly glossy eyes. And you're sluring your words right now speaking. Okay. Where you coming from today? >> I'm just coming from Taco Bell and then I'm going home. >> I got you. >> How many you doing? Step back one second. Step back for me. >> I search. >> I want to shut your car. >> I just want to shut your car up one second. >> Let me call my husband. >> Hey guys, how are you? Anybody else in the car? You guys >> No, no. You guys are good. You can just You guys can just sit there. >> Come on y'all. >> Just hang tight. Stay in the car. Okay. I just want to make sure you guys are all right. >> All right. Sit right for one second. >> You show me 10 seconds for 5 seconds again. I can't believe >> where where's your ID at, dear? >> Um I don't It's at the house. I have my marijuana ID on me. I don't know if you want to use your marijuana. >> That's the only thing I have as identification right now. >> I'll take that. It's fine. Alpha Yankee Romeo Mike. >> All right, get out. I don't want no problem at all. >> Yeah. Can you come 56 here? Taco Bell. >> So, >> do you have any weapons or anything in the vehicle? >> No. No, sir. I'm not the best person. >> Listen to me. >> I don't want you to fall, though. Okay. You're You're stumbling slightly. >> No, I I know my shoe my shoe. >> I got it. But you're you're stumbling backwards right now as we're talking. Just come over here. >> I had nothing to drink. If you want to breathalyze me, I have had nothing to drink. >> Okay, I got you. >> All right. What the >> We're going to have medics check you out real quick, too. >> I need to call my husband. >> This is insane. I got to call my husband. >> Will you talk to the >> Guess what happens when you order food? Wow. >> So, what's going on, sir? What's going on? Just give me a witness. >> I don't have my ID on me right now. >> Okay. So, give this officer my name. Yes. >> Who's the one that called? >> I did. >> So, can you tell me what you observed? >> Okay. She came through the drivethru and as she was coming through drive through she she hit the curb. >> Then she straightened up and came up. But listen to her place of order. You could tell something was whatever. >> Then when she say >> because she was slurring, she could barely talk. Then when she got here, it took her like 3 minutes to get her money. But I'm wondering what's going on. She's like this >> over like she's falling over sleeping. I'm like, "You all right?" >> In mid conversation. >> Yeah. I'm like, "You all right?" Like she like, "Yeah, I'm all right. I'm tired." And I'm like, "You sure you all right?" Then she backed up and almost backed over the curb and hit the guy that was almost hit the guy behind her. Then she I was like, "Hey, you ain't stopped." Then she pulled forward again and it still took her a minute to give me the money because you falling asleep in the drivethru. >> So when I seen that, I was like, "Nah." I was like, "And we had to make your order over because we messed it up. Pull around front." I wasn't going to let her pull off with the key. So that's when I called you. I was trying to hold. Then she came in to get the ice and she stomped it in here about to fall off and I was like, "No, I can't let you be with them kids." >> Okay. And it's the same female right here in the green shirt. >> Mhm. >> Okay. All right. Um, >> so I don't know if she took something or she just tired or I won't go. >> Gotcha. You mind if I just get your name? >> Mhm. Um, we just evaluate her for any medical concerns and we pretty sure it's intoxicated, but understand just want to make sure she's not having any type of medical emergency. [music] >> Let them talk with her for one second. >> Okay. >> I want my whole refund. >> I'm serious. >> No, my whole refund is not that treated with that service like that. It's not right. >> Well, listen, like I said, right now we're we're concerned about your well-being based on the the things that we're observing. Okay? >> So, with that being said, we're going to get you medically checked, make sure you're not having any type of medical emergency, and then we'll go from there. Okay? >> No problem. >> My husband got the 5:30 and this is what I went to to get. >> Did you get her name, date, birth, all stuff? I got >> you. Finish getting the rest of it so we can um run her. See if we can find >> deal. Yes. Yes. Yes, sir. >> Okay. >> Hey, Mrs. I just have a couple questions for you. Okay. >> All right. They're real easy. They're real easy. Who uh what city you in right now? >> What the >> What city? What city you >> Yeah. Uh 104. When she was making her order, she was uh slurring her words. >> Um she hit the curb on the way to to make her order to the machine. >> Uh that's not January, March, April, Wednesday, April. You know who the president is? >> The president is Biden. >> Perfect. Thank you very much. >> And Trump should be running soon. Can't wait for him to run again. >> Ready for him. >> Okay. >> I can't I want my whole week flying back. I don't respect this no more. And I'm going to go live on them. It's going to get burned out way more than this. They think this for the case number, please. >> Um, do you Would you like us to get to the hospital? >> No. >> Perfect. No. I I got to ask. I got to ask part of the deal. >> I want my refund. I know that. I want my refund. She >> Hey, it's By the way, it's u All right, Miss Bush. I'm going to have you sign this right here so you don't get a bill. All right. Just as we came to check you out. All right. >> I said a bill for what? I didn't call y'all. >> Yep. No bill. >> All righty. >> I appreciate y'all though coming through. Thank y'all. And let me go get my refund. >> All right. Here, D. Thank We're not We're not finished. >> We're finished with with with medics. Okay. >> Okay. >> All right. Let me just have you come stand up here for a second. All right. >> I have I have an officer going to the KFC real fast. >> Yeah. have an officer going to come speak to you real quick from there officer. >> Cool. >> Will you give this officer the uh your kids information? >> My kids information? >> Yeah, kids. >> How much kids do you have in the vehicle? >> I have three kids. >> Three of them. Okay. Your first name of your oldest. >> What's one? Um I need to know my rights. I need to know what you guys are doing. I need >> You're You're in the vehicle with children, so we need to know where the children's name are. >> Huh? >> You're in a vehicle with young children, so we need to know all the occupants inside of the vehicle. >> Okay. So, what is another cop is coming for you? All you >> Let me explain, okay? Because we're we're getting ready to start conducting a criminal investigation. Okay. >> All right. For what? >> Criminal investigation. Like I said, I'm going to explain everything to you here in a couple minutes. If you would do me a favor, just start by providing this officer the names of your kids. For what? >> Let's start with your oldest son. >> My oldest son is Timothy. >> Timothy. What? >> So, who get ID? >> I feel >> No idea. >> No idea. >> I do everything I >> miss Bush. >> Yes. Yes. >> Hey, Miss Bush. I'm officer Giddens. >> How you doing? >> All right. Uh, >> I feed the homeless, sir. I don't do nothing wrong. I didn't >> I just got some questions for you. Okay, Miss Bush. Yes, sir. >> All right, Miss Bush. Hey. >> Um, what what's going on today? Do you take any kind of medications? >> No, sir. >> Do you have any uh do you have any medical conditions I need to be aware of? >> No, sir. >> No medical conditions at all. Do you have like diabetes? >> No, sir. >> Epilepsy, history of seizures, nothing like that, >> sir. No. All I did was come to take my husband to work. Sir, get him lunch. He got to be to work by 5:30. And this is what's going on right now. I just want to go and do what I have to do. I have nothing. >> All right. >> And nothing is wrong with you. >> And you don't take any prescription medications? >> No, sir. >> All right. Have you taken any control substances today? >> No, sir. No, sir. >> Smoke any marijuana? >> Of course, I have my marijuana license. I can even show you that in my >> So, you smoked today? >> Yes, I smoke marijuana. I have my marijuana license. >> So, you have your license. That's cool. All right. Uh, when um when's the last time you smoked? >> This morning, sir, cuz I have to feed the homeless. So, okay. When I feel >> about what time was that this morning that you smoked? >> Probably about 5:00 in the morning. >> About 5:00. Okay. >> And how much how much did you smoke? >> Nothing but a little bit of roach. That's required to my do that my doctor required me. >> Okay, >> that's it. All right. >> Nothing major. >> Okay. Have you had anything to drink today? >> No. You get to breathalyze me, sir. I am a good mother. >> Okay. I got a nonprofit called Every Hair Must Buy and Every Tongue Must Confess. >> I am going on the right path. I don't need no kind of >> bull crap to throw me off of where I'm going. >> Okay. So, the only thing that you've done today was you smoked a little marijuana this morning. One roach this morning, you said at about 5:00. >> About 5:00. My kids wasn't even home. I'm bored. >> Okay. All right. Um, >> let me ask you this. Uh, do you have any >> Miss Bush? Stay with me for just a minute. Okay. >> Miss Bush, >> do you have any Do you have any Miss Bush? >> Miss Bush, I just need you to answer a few more questions for me. Okay. All right. Do Do you have any previous head injuries or anything like that? >> Sir, nothing. I didn't get No previous head injuries. >> Do you have any Do you have any previous neck or back injuries? Sorry, I ain't getting no I I ain't getting nothing. I ain't getting no accident. I ain't getting nothing. Sorry. All I've been doing is feing the homeless. All I've been doing is getting out the car, just going out homeless. >> Understood. All right, Miss Bush, would you be willing to conduct field sobriety evaluations this year for your safety? >> I would do that, sir. I would do that. Give me hold. All right. So, I'm going to have you do I'm going to have you stand right here for me. Okay. And then face Yeah. >> Turn your back. There you go. Perfect. Okay. >> Okay. >> All right. Miss Bush, >> do you see the tip of my finger? >> I see the tip of your finger. >> All right. So, what I need you to do is I need you to follow the tip of my finger with your eyes and only your eyes, keeping your head still. Do you understand that? Yes, sir. >> Okay. You got to You got to follow it with my your eyes. >> Oh, okay. Okay. >> I thought you meant once I get there, just go. >> Keep following the tip of my finger with your eyes and only your eyes. Keeping your head still. Okay, keep your head still for me. Keep your head still for me. Okay, >> I'm sorry. I'm sorry. I'm in distress. >> If you need to wipe your eyes, that's fine. I just need you to follow the tip of my finger with your eyes and keep your head still. Okay. >> Follow it for me. Okay. >> Nope. Don't move your head. Okay. Don't move your head. Okay. >> Okay. I get what you're saying. Don't move. I never went. Don't move your head. All right. Before. >> That's okay. >> Definitely. >> So, tip of my finger. Keep your head. >> Tip of your finger. Let's go. The tip of your finger. >> Oh, got to keep looking at it for me. Okay. Well, don't move your head. Okay. All right, Miss Bush, let me explain something to you. Okay. >> Yeah. Because I had nothing to drink. I don't drink alcohol. I >> I just need you to listen to me. Okay, Miss Bush. >> Yes. >> All right. So, I'm giving you instructions on how to on what to do. Okay. All right. >> It's just so confusing doing two things at one time. >> If But here's the thing. If you're unable to follow the instructions, all right, and conduct the field sobriety evaluations, I'm going to have to base my investigation off the totality of the circumstances as it sits right now. >> All right, let's go. >> Okay, just let me finish. Let me finish. Which which could lead to your arrest for DUI. All right. And could be used Just listen. And could be And could be used against you in court. All right. All right. So, I just need you to follow the instructions. All right. The instructions, just so we're clear again. Okay, Miss Bush. The instructions are to follow the tip of my finger with your eyes and only your eyes, keeping your head still. Okay. All right. >> Got to follow it. Okay. >> I got to follow it. >> You start following it and then you then then you lose >> because you go a little too far. So then it's like I cannot turn my head. Okay. Let's go. Heat. Heat. Bravo one was three. Sorry. Heat. next one's going to go up. Okay. >> So, I followed it up. Yep. Yep. You got this one in it. Yeah. You followed it up. You did a good job that time. Just one more time for me. Okay. Okay. Okay, Miss Bush. All right, we're actually going to come over here to this parking spot over here for me. Okay. >> All right. Do you see this second white line right here? >> The second one right there. >> This one right here. Exactly. All right. So, I see you're wearing some sandals. All right. Yes, sir. >> Are you comfortable walking in those sandals or would you rather do it barefoot? >> Let me try. Let me try. >> I think I'm comfortable with my sandals. >> You're comfortable with your sandals? All right. All right. So, what I need you to do, Miss Push, I want you to put your left foot on the line for me. Okay. >> Left foot. >> Yep. Directly on the line. >> Directly. >> There you go. And I want you to put your right heel touching your left toe along the line. >> Okay. >> All right. Hands down by your side. >> Big girl. This is hard. I got it. >> All right. I need you to stay in that position until I tell you to begin. Do you understand? >> Okay. Let me get into it first. Okay. >> I need you to stay in that position until I tell you to begin. You understand? >> Yep. >> Okay. When I tell you to, you're going to take nine heel totoe steps along that line. When you get to your ninth step, I want you to leave your lead foot on the line, make a series of small steps around, and then take nine heel totoe steps back in the other direction along the same line. >> Okay, >> Miss Bush, it's going to look exactly like this. Okay. >> Okay. >> One, two, three, and so on to nine. Leave your lead foot on the line. Make a series of small steps around. >> Okay. 1 2 3 and so on to nine. >> Okay. >> All right. >> All right. >> There's four. Hang on. There's four things I want you to remember when conducting the evaluation. Okay. I want you to keep your eyes on your feet at all times. I want you to count your steps out loud. >> Okay. >> Keep your arms down by your side at all times. And once you begin the evaluation, I don't want you to stop until you've completed it. >> You understand all those instructions? Yes, sir. >> You don't need anything repeated. >> All right. Go ahead and get back in that position I had you in. I got to start off with that one. Okay, let's go. You ready? >> Here. You may begin. >> Yes, ma'am. >> So, um down I can't do it on that that it's more wider or something. You can't do it on that one. >> We're doing it on this one, Miss Bush. >> All right. >> I know there's no sympathy. I can't hold my balance like that. I can't hold my balance like that. I can't do that. >> Okay. >> Okay. The shoes probably is better. All right. Start with the right feet, right? >> Are you What? What are you doing? Are you finished or you >> I wanted to start over cuz the shoes was like holding me. It was too much space to try to compare this line. It's more comfortable like this. So, should I start over from 9 >> or I don't know. I don't I don't know how this goes. Sir, please help me. Please help me to get through this cuz I know I'm not under. >> So you're saying you wanted to do it without the shoes on. Is that what you're saying? >> All right. So get get back in the starting position. Right right foot on the line. >> Okay. >> Or excuse me, your left foot on the line. Right heel touching your left toe. >> Right down. All right. And right there. Get in position. >> Nope. There you go. Nope. Just like that. There you go. >> Like that. >> Yep. >> Okay. >> All right. You can begin. >> All right. >> Close. 1 2 3 4 5 6 7 8 9 10 that nine. Nine. >> You say nine, right? >> Yeah. Nine was the instruction. >> Okay. And then you turn around and you do >> nine. N 6 7 8 9 10 9 >> Are you done? I I can't forget you. >> All right, we're going to come back over here. Okay. >> Yeah, you >> uh we'll get those in a minute since you said you're more comfortable without them on cuz we're going to do another exercise on our feet. Okay. >> Okay. Cool. >> All right. >> Okay. No problem. >> Right here, Miss Bush. >> Right here. >> Face me. Okay. Back away from the vehicle for me, though. >> All right. I need you to stand with your feet together and your arms down by your side. Okay. >> Yes, ma'am. All right. When I tell you to, I want you to raise one of your feet. Either foot. It doesn't matter which one. Okay. I want you to raise >> one minute. Pay pay attention to me, Miss Bush. Okay. All right. When I tell you to, I want you to raise one of your feet. Either you listening either foot. It doesn't matter which one. I want you to raise it approximately 6 in off the ground, parallel to the ground. I then want you to count out loud in the manner of 10,00 1,002 1,003 and so on until I tell you to stop. >> All right, let's push. It'll look exactly like this. Okay. 1001 1002 1003 and so on until I tell you to stop. Okay? All right. There's four things I want you to remember while you're conducting the evaluation. I want you to keep your eyes on your raised foot at all times. I want you to count out loud in the manner I instructed you to. I want you to keep your arms down by your side at all times. I want you to pick that foot up. I don't want you to place it back down until I instruct you to. >> You understand all the instructions? Anything repeated up? Got the 100. You tell me to stop. >> Do you need me to repeat the instructions? >> You understand all the instructions? >> I got it. >> All right. I will tell you when to begin. Okay, Miss Bush. >> All right, begin. I'm a big girl. Y'all this really not a person uninfluenced or not. That that's not really >> Okay, you can stop. >> Okay. >> Okay, you can stop. >> Oh, okay. >> All right. So, Miss Push again, we're going to stand with our feet together and our arms down by our side. Okay. All right. When I tell you to, I'm going to have you tilt your head back and close your eyes when I tell you to. >> Okay. >> All right. I'm then going to give you a command of left or I'm going to give you a command of right. >> All right. You understand your left from your right. Correct. I'm not trying to be insulting you. I just have to ask. Yeah. Yeah. What's your left hand? >> My left hand is that one. >> Okay. And your right hand? >> That one. >> Okay. Okay. >> All right. So, we're going to get in the starting position at first. >> Okay. >> So, hands out in front of us just like this. Okay. Point your fingers out. Palms of the sky. Palms to the sky. And then back down to our side. Okay. And then when I tell you to, you're going to tilt your head back and close your eyes. When I tell you to, let's push right now. All right. >> And then I'm going to give you a command of left or I'm going to give you a command of right. >> If I say left, I want you to touch the left tip of your finger to the tip of your nose and then return your hand back down to your side. So you say left to the >> If I say left, I want you to touch the left tip of your finger to the tip of your nose and then immediately return your hand back down to your side. >> If I say right, >> the left tip of your finger, put it on your nose. >> Tip of your nose. >> And then when you say right >> and then immediately return your hand back down to your side. If I say right, I want you to touch the right tip of your finger to the tip of your nose and then immediately return your hand back down to your side. >> Okay? >> All right, Miss Bush. Couple things I want you to be clear on. Okay? Mhm. >> This is not the tip of your finger. This is the pad. This is the tip. >> Yeah. This tip. I want you to touch tip to tip. >> Okay. >> You You understand all the instructions? >> Yes, sir. >> All right. And then the other thing I want you to keep in mind is this. After you touch the tip of your finger to the tip of your nose, I want you to immediately return whichever hand back down to it side. Okay. >> Yes, sir. Yes, sir. >> Go ahead and get back in the position I had you in. >> Palms out or There you go. All right. Tilt your head back and close your eyes for me. Okay. >> Close your eyes. >> Left. >> Right. >> Left. >> Right. >> Right. left. >> Okay. >> All right, Miss Bush. >> Thank you. >> Okay. All right, Miss B M B M B M B M B M B M B M B M B M B Mush again. I'm going to have you stand with your feet together and your arms down to your side. Okay. >> All right. When I tell you to, I'm gonna have you again tilt your head back and close your eyes when I tell you to. >> All right. I'm then gonna have you say I'm going to say begin. And when I say begin, I want you to estimate 30 seconds in your head. >> Okay. >> Mhm. >> When you finish >> 30 seconds in your head. >> When you estimate 30 seconds in your head, once you finish estimating 30 seconds in your head, I want you to tilt your head back towards me and say, "I'm finished." >> You understand those instructions? >> Yeah. Yeah. >> All right. You want me to lift my head back time 30 and when I get done lift it back up to you >> when I tell you to. >> Yeah. When you >> I'm going to have you tilt your head back and close your eyes. >> Okay. >> I'm then going to instruct you to begin. >> When I instruct you to begin, I want you to estimate 30 seconds in your head. >> Okay. >> When you finished estimating 30 seconds in your head, I want you to tilt your head back towards me and tell me you're done. >> Okay? >> You understand? >> Yep. So, hold my nose and then tilt it back and then hold it for 30 seconds and when you tell me you're done, drop it and I'm done. >> Do you understand the instructions? >> Yeah. I'm making sure so you won't say >> no. Okay. So, I'm going to instru I'm I'm going to repeat them for you again. Okay. >> Okay. >> When I tell you to >> Uhhuh. >> I want you to tilt your head back and t and close your eyes. >> Okay. >> I'm then going to tell you to begin. >> Okay. >> When I say beginh, >> I want you to estimate 30 seconds in your head. >> Okay. Good. When you finished, I want you to tilt your head back towards me and tell me you're done. >> You understand those instructions? >> Okay. Got it. Got it. Yes, sir. >> All right. Go ahead. Feet together, arms to your side. >> And tilt your head back. Close your eyes. Close your eyes. Miss, you got to close your eyes for me. Okay. All right. And begin. Like I got I can't do that. I don't see how yall do it though. Okay, go ahead. I'm pretty sure Okay, Miss Bush, you can stop. >> Okay. >> Okay. >> All right. What how uh what did you estimate in your head? What did what did you get to when I stopped you? >> How many seconds? >> Um I got I really I thought you said once you get to 30, you going to tell me to stop. And once you tell me to stop, then I stopped. I dropped. >> So what were you at when I stopped you? Um, I was I see only get you a way out. Like I said, I thought you said once you count to 30, you you going to tell me to stop and I'm going put my hands down and you going to go from there. You I thought you was going to like that. >> So, do you want me to >> No, no, no. We won't do it again. >> Do the 30 again. Okay. >> All right. Real quick for me, just look straight ahead. Open your eyes real wide. Okay. All right, Miss Bush, you can look back towards me. Okay. >> Okay. >> All right. >> Again, you see the tip of my finger. >> Mhm. >> All right. So, what I'm going to do, okay, I want you to look at my tip of my finger with your eyes. Okay. Keep your head still for me. All right. I'm going to circle your head. All right. Make a big circle around your head. I want you to follow with your eyes. I'm then going to get my finger really close to your face. I'm not going to touch your face. I'm just going to get real close to your face. Okay. I want you to keep looking at the finger. >> You understand? >> Okay. Look at the finger for me. Okay. >> I was looking at this side. It's just >> Look at the finger for me. Okay. >> Go ahead. 900 North Marathon. They said that the video pick you put your hands behind your back for me. Okay. You're under arrest for DUI. Okay. >> Hang on. >> I'm not breathalyzer. >> Get your kids right here. >> Miss Bush. Miss Bush. We're going to get to all that, but you have your kids right there. I have not been drinking my life. >> Watch your back. Watch your back. >> Just for the simple fact he about DUI. I'm not no under no DUI. I'm not drunk. I don't drink. I don't drink. Gary, you know I don't drink. Okay. So, why won't they do a bralizer instead of do this? I'm on probation. Why won't you do a breathalyzer? >> He want me to do this little skinny walk with the little I can't do that. It's It's not right. IT'S NOT RIGHT. I'VE JUST left here. Get the refund, Gary. We never got the food. It's not right. It's not right, man. It's not right. Y >> she went here for a refle for food. But they taking her >> cuz she they giving her a DUI for for driving on the uncle as alcohol, I guess. >> But I don't she don't grind. >> I didn't do nothing. I didn't do nothing. I didn't do nothing. Help me, y'all. Help me. Please help me. I didn't do nothing. Howard, >> I didn't do nothing. I promise. I promise. I didn't do nothing. >> She produced a medical marijuana card under Florida statute 316193. Impairment by any controlled substance, including cannabis, is a basis for DUI. A medical card establishes legal use. It does not establish legal fitness to drive. She asked repeatedly for a breathalyzer. A breathalyzer measures blood alcohol content only. It cannot detect cannabis impairment. Officers were evaluating for drug induced impairment, not alcohol. Those are two legally distinct investigations with different evidentiary tools. She voluntarily admitted to smoking marijuana at 5 in the morning, 12 hours before the stop. Under Burkimer v. McCarti 468US420 1984, pre-arrest roadside questioning does not require Miranda. Her admission was freely made and fully admissible. the field NHTSA standardized protocol, horizontal gaze, nstigmas, walk and turn and one leg stand, plus the modified Romberg test and finger-to-nose assessment used by drug recognition experts to identify cannabis impairment. She agreed to all of them voluntarily. She could not maintain the walk and turn starting position, lost count of her steps, and failed the one leg stand under v. Gates 462 US 2131 1983. Probable cause is the totality of circumstances, not any single result in isolation. Every data point combined, the employee report, the officer observations, the voluntary admission, and the test performance formed the legal foundation for arrest. That is how the totality standard works, and it held here. During the arrest, she braced against the vehicle, pulled against armholds, and refused to enter the patrol car. Under Florida statute 84302, resisting without violence does not require physical assault. Passive resistance of this kind fully satisfies the statute. Officers applied armholds and leg control under Graham vconer 490 386 1989. The standard is objective reasonleness from the officer's perspective on scene. The force was proportional to the resistance and directed at a lawful arrest. The supervisor told her to shut up and declared the conversation over. legally permissible. Tactically poor. Modern deescalation standards recognize that supervisory tone during an arrest shapes whether the situation stabilizes or escalates further. Three children were in that vehicle. Florida statute 82703 defines child neglect as exposing a minor to conditions a reasonable person would know to be harmful. Driving while allegedly impaired with minors is a direct application of that statute. Put your foot in. >> I didn't do nothing. >> Have a seat. [crying] Have a seat. Have a seat. >> I didn't do I was not. Listen you guys. Why can't y'all do a breathalyzing? Why won't y'all do that? It would tell if it WOULD TELL IF THIS ALCOHOL is in me. It's not fair. YOU GUYS DON'T UNDERSTAND MY LIFE. MY LIFE. MY LIFE. Y'ALL DON'T CARE. PLEASE, PLEASE, PLEASE. I I'm not afraid. One more time. I DON'T WANT TO HURT. STOP. STOP. PUT YOUR feet down. >> But I didn't do nothing. I didn't do nothing. IT'S NOT RIGHT. YOU GUYS ARRESTING me for nothing. PUT YOUR FOOT UP. YOU ARRESTING ME FOR NOTHING. You guys, I PROMISE. MY KIDS ARE GREAT. PUT YOUR FOOT DOWN. MY KIDS are great. I didn't do nothing. >> My kids are great. I didn't do nothing. I didn't do nothing. I promise you. I promise you, Mr. I promise. How about you guys do a breath of life? Can I have a team? Can I have a team? Can I have a go? Hey, you guys want to do that anyways? >> One more time. One more time, please. Okay. >> One more time. It's okay. [screaming] WHAT THE HAPPENED? YOU IS HURTING MY ARM. >> PICK HER STRAIGHT UP. [screaming] MY ARM. MY ARM. >> YOU'RE HURTING YOURSELF. BRING YOUR ARM. >> MY ARM. [screaming] >> COME ON. STAND UP. STAND UP. STAND UP. >> STAND UP. >> MY ARM. >> STAND UP. >> Stand up. Stand up. >> Put your foot in the car. >> In the car. >> Put your foot in the car like car. >> Put your foot in. We're going to drag you in again. I want you guys to go. Put your foot in the car. Put your foot in the car. That's what we're taking you now. Put your foot in the car. We're not going to ask you. You guys >> put your foot in the car. >> It's not You guys get your feet in the car. Y'all been doing this for Get our feet in the car. >> There you go. There you go. >> I did nothing. I'm a good person. I did nothing. >> Push your feet down and grab her shoulder and bring it towards us. Sit up to me. >> I did nothing. >> All right. STAY. >> I DID. NO, YOU KEEP GETTING OUT. YOU KEEP PULLING MY ARM. YOU KEEP PULLING MY THING, BRO. LOOK AT THEM. LOOK AT THEM. YOU KEEP PULLING THEM. YOU KEEP PULLING THEM. YOU KEEP PULLING. PLEASE SIT BACK. I'M TRYING. THEY HURT. >> I NEED YOU TO BE QUIET FOR A second and I'm going to talk to you. Okay. >> It hurts. >> Listen to me. >> DON'T TAKE THE PAIN THAT THEY ARE DOING TO ME. >> YOU'RE UNDER ARREST for a traffic misdemeanor right now. Okay. >> A traffic misdemeanor. traffic. LISTEN TO ME. LISTEN. Listen to me. >> Okay. If you keep doing this, I'm going to charge you with RA. >> R. Where's the R? >> Resisting arrest. >> Resisting arrest. >> BECAUSE Y'ALL WON'T GIVE ME NO. LISTEN TO ME. You're going to jail no matter what. Listen to me. >> Okay. But that's not fair for y'all to bend up my arm and bend up my then get in the car like a human being or we're going to drag you in the car. >> Can we get a lieutenant here? Can we get a chief here? Can we get somebody here? the supervisor. >> Shut up. I'm the supervisor. Sit in. We're going to the jail. We're done. This is going to be Put your foot in. I don't care. This is not Put your foot in. We're not You showing it. You going You got Y'all going to fight me. Y me. THIS Y'ALL TO FIGHT ME. >> You You making them do that. >> All of y'all. All of y'all. That is so bad. Back out. >> AND MY ARM CUFF is tight. These things is uncomfortable. AND YOU GOT YOUR LEG ON ME LIKE I DIDN'T TOUCH YOU. YOU BETTER STOP. I'M I'M I'M ARRESTING. BUT WHY ARE YOU KICKING ME? WHY ARE YOU KICKING ME, SIR? >> YOU CAN YELL. I'M GOING TO JAIL. >> YEAH, BUT WHY YOU PULLING ME? WHY? AND YOU KEEP KICKING ME. >> I'm about to HOLLER AGAIN. KICKING ME. DO YOU UNDERSTAND? >> YOU KEEP KICKING ME. WHY you keep Oh, yeah. GARY, [screaming] calm the down. Calm the down in there. >> Let's go. >> Get this over. YOU ACTING LIKE THIS IN FRONT OF YOUR KID. >> Let's go. >> Jesus. Clear this up. >> Let's go. We're going to HQ anyway. >> He called medics and receives a B, ran a patient and thorough evaluation, and allowed accommodations during testing. the deduction. He never explained why a breathalyzer was irrelevant to this case. That single communication gap drove the resistance that followed. The initial responding officer receives a B+. He extracted a precise witness account, initiated medical evaluation before any criminal escalation, and handed off cleanly. His approach was measured appropriate for what was at that point an ambiguous welfare situation. Ms. Bush receives a C++. She cooperated with testing and never became aggressive. Against that, she disclosed marijuana use without invoking her fifth amendment right, physically resisted a lawful arrest, and was allegedly driving impaired with three children on board. The department receives a B minus. Deploying a trained DUI evaluator and calling medics reflects solid protocol. The supervisory failure during the arrest sequence where tone inflamed rather than calm to controlled situation is the reason the grade does not reach B. Before we close, five lessons from this from this footage worth carrying with you. Whether you are a driver, a citizen, or someone who just wants to understand how these stops actually work under the law. One, a medical marijuana card does not protect you from a DUI charge. Florida statute 316 193 covers cannabis impairment explicitly. Licensed use is not licensed driving. Two, you have no Miranda protections during a pre-arrest roadside stop per Burkimer v. McCarti. Anything you volunteer is admissible. You have the right to remain slain silent and exercising it at that stage costs you nothing. Three, Fields briiety evaluations are voluntary. If you are impaired and you agree to them, you are providing the officer with structured documented evidence. That documentation goes directly toward establishing probable cause for arrest. Four, passive resistance during a lawful arrest is still a crime under Florida statute 8432. Bracing, pulling away, or refusing to enter a vehicle meets the threshold. Comply, then challenge in court where it actually matters. Children in the vehicle change the charge picture entirely. Alleged impairment while driving with minors triggers Florida statute 82703 carries its own separate consequences including child protective services involvement entirely independent of the DUI case. If this analysis was useful, like the video and subscribe to our channel. We break down body camera footage through law, not opinion, so you understand exactly what the standards are and how they apply. Drop your case suggestions in the comments below.