NO, MY BABY with a license suspended. >> On March 23rd, 2024, on US Highway 29 in Florida, a traffic stop for an invalid license led to a misdemeanor custodial arrest with a two-month-old infant on scene. Three issues define this case. Stop authority, the knowing arrest threshold, and the due process obligation to advise a subject of the arrest basis. The stop is grounded in Delaware versus Prow 440US 648 1979. A plate return showing an invalid license establishes reasonable suspicion. The exit order needs no separate analysis. Pennsylvania versus MIMS 434US 1061 1977 authorizes that order during any lawful stop with no additional justification required. The core legal issue is the knowing element under Florida statute section 322.34 subdivision 2. Driving while license suspended knowingly requires proof of actual or constructive knowledge of the suspension. The supervisor confirmed two facts that close that question. A notice of suspension dated January 3rd, 2024, and a prior guilty conviction for the same offense. Hello. Your license is coming back. Yes, ma'am. I ran the tag. It comes back to the vehicle. But the issue I'm having is that the license is coming back. It's fire. I have registration. Yes, sir. >> How come you don't have the registration? >> Cuz it's in it's in a folder with all my other important documents and I took it out cuz I had to go to the DMV one day and I took it out and I left it in the house. >> Okay, I got you. >> It's all right. You got to look for that. I'm going be right back with you. Okay. What's up, buddy? >> Hey, man. How's it going? >> Good. You good or uh I ran the tag and it came back uh to this person, but it says her driver's license is not valid. Um when I talked to her, she said that it should be. She doesn't have her registration whether she left it at home and a proof of insurance. Are you still working? I'm about to be. I'm heading home right now, but you're good. trespass warning. I'm not seeing anything in the vehicle. Um I think I'm just going to run around 7 and then try to leave. Okay. >> 21. I'm good. >> She got her baby. >> Yeah. >> I feel like the baby wasn't even crying, but I feel >> started getting a little fuzzy. >> I wasn't. >> Yeah. >> I didn't know if she was trying to I got you. >> All right, man. I'll see you. >> All right, man. >> Um, I got her for no uh one, the registration says expired, but it is valid. Um, the other thing is her DL is indefinitely suspended for uh not paying fines. >> Okay. Um, she has a baby in the back seat. But one question that I had, does she need to have a notice that it has been suspended? Cuz this won't tell me valid license. >> She said that she has a valid license that she doesn't know. >> Um, failed to pay a traffic fine penalty uh, not even two weeks ago. >> Um, so in order to make an arrest on misdemeanor or DWLS, you have to they have it's no driver licenses. That's what I was contemplating. That's why I started calling him fast to be sure. >> I'll pull David up real quick and see if a notice was provided. However, what do you think a good option would be at this point? Are you thinking like 10:15 or are you thinking like citation? >> I'm thinking about just doing a citation. Dude, one I would have to get these other and the baby in the whole yard. >> You would have to do what? >> She has a baby in the vehicle with her as well. >> Okay. So, her will drive around with kids with them all the time, right? Right. But I don't know if she's had not notice provided on January 3, 2021. And she has a prior guilt conviction for DWLS and she's already gotten tickets in the past for not having a child restraint. So, how old is >> young? Baby, >> young in a car seat. Good. Like car seat's good. Everything >> as far as I've seen. Yeah. >> Okay. Baby baby or like >> from the glimpse I got baby knowing Charlie >> because I'm leaning towards the 105. >> Yeah, she needs to take the ride. So, what would you do with the child? That's the part that I'm trying to figure out. >> I would have her step out of the expressive or is she just she's been a little bit >> not very happy. >> OKAY. Pay attention to your car when you're on traffic stop. High priority. Okay. Have some good officer safety. So, let's pull her out of the car. Have her step back to the front of your car. If we can Okay. What's the problem? You want to stepping out for me? >> And I know the reason why I'm stepping out with my baby. Can I know why? Because I Yes. Okay. I'll step out and I'm hold my baby. Thank you. I don't feel safe. I DON'T NO. DO NOT DO NOT GRAB MY MOTHER. SY OH MY GOD. NO. PLEASE DON'T DO THIS TO ME. PLEASE. NO, MY BABY. NO, THIS IS MINE. STOP. NO, PLEASE. I WILL COMPLY. STOP. PLEASE >> PUT THE BABY IN. >> WHY ARE YOU DOING THIS? >> Get your hands OFF OF ME. YOU ARE VIOLATING MY RIGHT. >> YES, YOU ARE. >> PUT THE BABY IN THE BABY. I'M PUTTING HIM IN THE CAR. GET YOUR hands off me. Get your hands OFF ME. I LEAVE THE DOLL. I LEAVE THE DOLL HIS FATHER. I'M SORRY. WHERE DO I NEED A BABY? WHY DO I need a baby OR I need a supervisor? I DO NOT FEEL THIS. I DO NOT FEEL. PLEASE STOP. OH MY GOD. STOP. Give me my baby. Please. >> Why am I BEING ARRESTED? >> STOP. NO, I WILL GET I'M ASKING YOU QUESTIONS. >> We will get to that. WE WILL GET TO THAT. >> OVERREACTING. GIVE ME MY BABY. >> WE'LL GET TO THAT. >> MY BABY come in the V of the car and get her die. >> Oh my god. >> WHY AM I BEING ARRESTED? Y'ALL STILL HAVEN'T told me anything LIKE I'M A CRIMINAL. I'M GOING TO PLAY WITH Y'ALL. Y'ALL ARE OVERREACTING. Oh my god. >> DO YOU HAVE A WARRANT OR SOMETHING? Y'ALL STILL HAVEN'T SHOW TOLD ME ANYTHING. I need to get someone on the PHONE TO COME GET MY BABY. NO, I'M ON HIGHWAY 49. OH MY GOD, PLEASE. I'M ON HIGHWAY 49. OH MY GOD, come get me, PLEASE. WHY ARE Y'ALL DOING THIS? WHY ARE Y'ALL DOING THIS? WHAT AM I BEING ARRESTED FOR? WHAT AM I BEING ARRESTED FOR? Y'ALL ARE OVERREACTING. I JUST WORK. WHAT THE F IS THE PROBLEM? Y TOLD ME ANYTHING. YO SAID SOMETHING ABOUT MY CAR. WHAT THE I HAVEN'T BABY. I JUST WENT BACK TO WORK TWO DAYS AGO. FIND A PROBLEM. >> I need to search her again. WAIT. I NEED A SUPERVISOR RIGHT NOW. I'M NOT DOING THIS. I NEED TO SEARCH HER. I act like I'M A CRIMINAL. I HAVEN'T BEEN IN JAIL IN YEARS. WHAT IS WRONG WITH Y'ALL? WHAT THE IS WRONG WITH YOU? WHAT THE you priority? Do we have her under control? NO, WE DON'T. >> I AM UNDER CONTROL. SAY TELLING ME WHAT THE I'M GOING TO JAIL FOR. IS WRONG WITH Y'ALL? LIKE I DON'T KNOW MY RIGHTS. Y'ALL HAVE TO TELL ME. WHY AM I IN YOUR ASS? I DON'T HAVE [ __ ] ON ME. OH MY GOD, BRO. I DON'T HAVE NOTHING ON ME. WHY are you searching me, bro? GOING TO JAIL FOR WHAT? DRIVER WITH A LICENSE SUSPENDED. I DIDN'T KNOW MY LICENSE WAS SUSPENDED. OH MY GOD. GET OFF OF MY ARM. CAN I CALL MY BABY DADDY TO COME GET MY CHILD, PLEASE? I will go to jail. The only thing I'm asking is for someone to leave. Can I get to come get my baby? Oh, please. My baby IS 2 MONTHS OLD. PLEASE. OH MY GOD. I CAN'T. NO. PLEASE. MY BABY. I NEED TO BE OVER THERE with my Oh my god. [screaming] Please. I can't SPEAK TO SOMEBODY. YOU ARE BEING SO MEAN right now. MISS FRANK. WHAT THE IS YOUR PROBLEM? OH MY GOD. WHAT DO WE HAVE AT this point? >> We have uh resisting without violence and DWLS knowingly. >> Under Florida case law, a formally delivered notice and a prior conviction together establish constructive knowledge beyond a reasonable doubt. The arrest was authorized. The search that followed is covered by United States versus Robinson 414 US2 181973. A valid custodial arrest authorizes a full search of the person without a warrant. Pre-arrest questioning is governed by Burkimer versus McCarti 468US420 1984. A traffic stop is not custodial interrogation. Miranda activates at formal arrest. Force analysis falls under Graham versus Connor 490 US 386 1989. The subject was flagged as combative and physically resisted. The restraint used falls within that reasonleness standard. The most significant failure is procedural. For several minutes after restraint began, the subject asked why she was being arrested and received no answer. Due process requires timely notice of the arrest basis. That delay does not void the arrest, but it is a documented professional failure that opposing council will exploit in any subsequent proceeding. The primary officer receives a B minus. Identifying the knowledge element and pausing for supervisory confirmation before arresting reflects sound legal judgment. The deductions are the delayed communication of the arrest basis and the need for supervisory coaching on post arrest procedure that should be standard field knowledge. The supervisor receives a B+. Confirming the notice date and prior conviction before authorizing the arrest protected the evidentiary chain. The call to extract the subject before handcuffing and away from the infant was professionally correct. The deduction is for not ensuring the subject heard the arrest grounds before the confrontation escalated. The subject receives a C plus asserting the right to know the arrest. basis was legally valid, but physical resistance under Florida statute section 843.02 added an avoidable second charge. The department receives a C plus capable supervisor, but a primary officer who needed handholding through a routine arrest reveals training gaps. This footage now documents. Okay, so with that being said, she's going to jail, correct? What's your priority at this point? >> Way back around this. Okay. As long as we can maintain that the child is safe right now, why don't we let her calm down so she's not screaming, yelling at us, cousin is out. She calls mother child. OKAY. >> Criminal investigation. Take somebody to jail. What else we need? uh needs to follow a rotational and some sees in the vehicle. So we need to tell dispatch that we have one detained. So one detain case number get a rotation to I'm not right. So we have she is we have our charges. Dispatch, we have this 29 circle here. Standby at 218 drive. 219. Your case number is 5394 53 94 37. >> CAN I JUST CALL SOMEBODY FOR MY BABY, PLEASE? I DON'T CARE ABOUT anything else. I just Okay, we're going to call someone. >> Take a deep breath for me. >> I have your phone. Please. >> I'm going to give you. >> We had a hard time putting her back there. Let's not open the door. Put the window down. We can talk to her through the window. What happens if she undo that seat belt? She jumps out. Can I call somebody, please? >> Yes, that's what we're trying to work on. But I need you to calm down for me. >> Just take a deep breath. >> Who do you need TO CALL THE BABY? >> MY BABY, PLEASE. >> All right. I can't give it to you. >> All right. All the way to the right. Let me see. OKAY. PLEASE. HELLO, PLEASE. I NEED YOU TO GO GET my I need you to come get him. GIVE ME THE PHONE. I CAN'T HEAR. >> It's very windy and there's a lot of traffic. It's going to be hard to hear him. Okay. >> Hello. >> PLEASE HURRY UP. THEY'RE LETTING YOU CRY. WE'RE at 29 in Detroit. We need you to come so that you can get the baby. >> YES, THAT IS MY FAMILY. Y'ALL ARE NOT TAKING MY BABY. PLEASE. Is he crying? >> No, he's not. >> Okay. All right. Who else can we call? >> No. GIVE ME THE PHONE. HANG UP. I'M GOING TO CALL TATI. HANG IT UP, OFFICER. I KNOW. I WILL CALL YOU BACK. HANG IT UP. HANG it up. I'm going to call Tati and see where she at. Please hang it up. >> He's in Alabama. >> Yeah, he's actually he's doing something else. Call Tati. >> It's a T A T >> T Y with a orange heart. Hi, this is Jeffrey with Sker's office. >> TATI, >> I'm calling you to see if you would be able to come PICK UP MARCELO. TATI, PLEASE. CAN I SEE the phone, please? Can I miss talk to her? Please, just please. Y'ALL GOT MY NERVES RIGHT. Y'ALL DON'T UNDERSTAND. TY, I'm right here. I want 29. Okay. >> Because they TALKING ABOUT MY LICENSE IS SUSPENDED. I DIDN'T KNOW NOTHING ABOUT NO LICENSE BEING SUSPENDED. I'm looking at the computer and I'm reading it. IT SAY I DIDN'T KNOW NOTHING ABOUT THAT. SO, BUT IT'S back here UP HERE AND BEING NASTY. EVERYBODY GIVE a name. Y YOU COULD HAVE BEEN OFFICER WHAT YOUR NAME HERE IS. NUMBER YOU COULD HAVE MOTHER BEEN PROFESSIONAL ENOUGH TO TELL ME WHAT THE I WAS BEING ARRESTED FOR. Watch out. Two black trucks parked across from parking. >> She's coming to pick up the child. She will be here in a silver car. She's going to park in front of this deal when she gets there. Okay. She's going to take the child. So, what else are we? >> Uh someone to take the vehicle or call a rotational. >> Right. So, you wait until she gets here to see if she has another licensed driver with her to take the vehicle. It might be easier for us to park her car over here and drive with the car seat that's already. So, what else do we need to do in our investigations before we go to jail? >> Before what? What else do we need to do in our criminal investigation before we go down to the jail? What else are we doing before we write our ticket? We're writing our ticket. >> So, do you want to get the date that her license was not provided? >> I need a notice provider cuz I have the suspension. >> So, you can put that on the driver's seat for the time. When she says, "Yes, that's Tatiana. Yes, I want Tatiana to take my child." At that point, we're not going to let them banter. We're not going to let her talk on the phone and tell her everything that's happening. Okay? That is just we don't need to let that happen. Okay? We control this scene. So, we have one detained case number, right? Somebody picking up a child and you're working against right cuz you already have your provided so >> you were provided notice in January. >> Go ahead. Oh my god. What? Notice the what address? That >> I know it's not that one right there cuz I don't even live there. I haven't lived there in 2 years. Please get out. >> They're watching the baby. >> Please can I see my baby? Please. I know he's crying. I know he is. You don't have to lie. >> He's not. >> He is. I know he is. >> He's not. He's sleeping. >> I need her to take my baby to stay out. Can't tell her that. Please. Officer, you tell her to take my baby to fa house. >> She's going to be taking the baby. Okay. >> I'm telling you where to take her. Tell her where to take you. That's the only thing I'm asking. Please. Can I just transfer some money in my bank account so she can have my money, please? That's all I ask. I won't give you no more problems. Please. I'll give her your phone and you can tell her how. >> Okay. I just need I need the major. Now the window. Why would there be an academy fire southber at 712 she pulls off your report? We're not waiting in jail. >> I believe she did pull off. All right. Um, all the rest of what we need to do. >> Sorry. >> Did you burn all the way earlier? >> Yeah. Um, so we're making arrest. >> Yeah. >> Right. just make sure that she doesn't have prior to not right. America. All right, we do outside the jail. >> Yeah, that's what uh me and the window is not efficient to go down to the jail. >> Yeah. All right. I need water. 217. >> Five lessons run through this stop, grounded in what the law required and where the execution fell short. They apply equally to officers, to people who may face a similar situation, and to anyone studying how constitutional law operates in real enforcement encounters. Lesson one, under Florida statute section 322.34, subdivision 2, the knowing element must be documented before the arrest, notice date, prior conviction, or direct admission on scene. Without one of those, a custodial arrest for driving while suspended is not legally authorized. Lesson two, consulting a supervisor before a discretionary arrest is not hesitation. It is the professional standard that protects the charge through every stage of the case. The officer who confirms the legal threshold before cuffing is the officer whose arrest survives a suppression hearing. Lesson three, advising a subject of their arrest basis is a constitutional obligation, not optional communication. Delaying it while the body cam records everything creates a documented failure that council will replay in court. 10 seconds of clear communication eliminates that vulnerability. There is no tactical reason to withhold it. Lesson four. When an infant is on scene during a custodial arrest, child welfare logistics run parallel to the arrest, not after it. Florida law requires that children not be left without appropriate supervision when a custodial parent is arrested. Arranging transfer to a known custodian before transport is a legal obligation. Lesson five, physical resistance during a lawful arrest does not challenge its legality. Under Graham versus Connor, it justifies additional force and generates additional charges. The remedy for a wrongful arrest is a motion to suppress or a civil rights claim under title 42 US code section 1983. That is where the fight belongs. What this stop shows is not a failure of law. The fourth amendment framework and the Florida statutes functioned as written. The failure was in the communication between legal authority and the people it was applied to. That is a professional gap, not a legal one. Documented, preventable, and captured in full. If this analysis sharpened how you see the knowledge element, the stop authority, or the due process obligations that govern a real arrest, leave your take in the comments. Subscribe to our channel for this level of constitutional analysis on more encounters.