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2026-10-22 21:36
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Who's the alcohol belong to? The Mike's Hard Lemonade. Okay. How old is everyone in the car? >> 20 and >> On October 27th, 2021, a patrol officer pulled over a vehicle at night for a non-functioning tag light. And what started as a routine equipment stop ended in the arrest of a young woman for underage alcohol possession. Under Terry versus Ohio, decided by the US Supreme Court in 1968, a traffic stop is constitutionally valid when an officer has reasonable articulable suspicion of a violation. A non-functioning tag light satisfies that standard in virtually every US jurisdiction. Florida Statute Section 3 16 221 and Georgia Code Section 40 8 23 both require license plate illumination during nighttime operation. The stop was legally sound from the first second. Once an open alcoholic beverage was observed in inside the vehicle, the legal basis expanded. The plain view doctrine, affirmed in Horton versus California in 1990, allows an officer to act on evidence that is immediately apparent without a warrant, provided the officer is already lawfully present. That condition was met. The officer had full constitutional authority to investigate further, and that is exactly what she did. The expansion of the stop to confirm the ages of all occupants is supported by Illinois versus Caballes, decided in 2005. That ruling held that a lawful stop may expand in scope when the officer observes plain view evidence of a separate offense. Open alcohol plus the apparent youth of the occupants created the probable cause needed to move forward with an arrest. >> Hello, officer. Do you know why you're being pulled over today? I'm pulling you over because your tag light is not visible. Do you have any questions about that? Do you have any Do you have your license? Who does the alcohol belong to? The Mike's Hard Lemonade. Okay. How old is everyone in the car? >> 20 and 16 and 17. >> Okay. >> But you can have that. >> Okay. So, whose is it? >> It's all of us. >> Okay. I need your ID. And how old are you? >> I'm 17. >> You're 20? Okay. Thank you. I'm just going to check you, okay? >> Huh? 21? >> 42, go ahead, mama. Go ahead. >> Do you have a pen? >> I copy. >> All right. That was my last traffic stop ticket. Do you want to get her header? Yeah. Do you want to Do you have bracelets >> and Yeah. They're pink. >> And then I'll get the header. >> Um I'll do the search real quick. >> Do you know your social off the top of your head? What is it? What's a good mailing address for you? Is it the one off your address or the the ID? 3921? What's a good phone number for you? How tall are you? If you had to guess, how much do you think you weigh? 4 motor 21 central, adult female, 10-15. >> I copy that. 1923. >> You're going to have a bond. It's going to be like 20 bucks. >> That's a 426. >> that's fine. >> I will call them. I will call them, okay? All right? >> 426, good. >> Can you call her right now, please? >> Yes, give me a second. I'll call her. >> a 10-15 3909 718? >> Okay. >> Can I talk Can I Can I talk to my friend? >> [laughter] >> No. >> 10-4 out. >> You can't. But she can come call you and get you out, okay? I'll be like 30 minutes tops. All right, you're going to go out there and then they can bond you out. >> I should be out. >> On the charge itself. In most US states, possession of alcohol by a person under 21 is a class B or class C misdemeanor, carrying fines from 10 to $500. The bond figure referenced on camera, approximately 10 to $100, is consistent with that charge category across multiple jurisdictions. On Miranda, no advisement was given on camera, and none was legally required at that moment. Under Berkemer versus McCarty decided in 1984 Miranda warnings attached before custodial interrogation not at arrest. The booking questions asked including address, phone number, height and weight do not constitute interrogation under established law. No Fifth Amendment issue arises from this interaction. The handcuffing exchange deserves its own attention. When the subject reported the cuffs were too tight, the officer stopped immediately, adjusted them and verbally confirmed she would not over tighten. Under Graham versus Connor decided in 1989 the reasonableness of force is judged from the perspective of a reasonable officer at the scene. Handcuffing a misdemeanor arrestee is a proportional response. Addressing a tightness complaint promptly is both the correct protocol and the legally prudent move. What do you want to actually not right now? All I have is her ID and her phone. So, um no property for you. >> Not a problem. It's easy. >> All right, darling. You're going to go with him, okay? >> Oh, am I going to the same place you told friends? >> You're going to go to our holding facility first while I do my paperwork that just so you're not sitting in the back of the car, okay? >> doing. Here's what we're doing, okay? I'm going to give her her handcuffs back. >> Can you take my pocket pin? I lost it. That is so tight. I know my wrists are tiny, but like they're so tight. >> on. I have to get one off. I'm not I promise I'm not going to overtighten them on you, okay? It fell down in my pocket. >> You're good. >> It'll be a lot easier this way. >> It's okay. I realized I lost my pin on my last drop. It's not a big >> All right. This way I am not running off with your your handcuffs. >> Thank you. I appreciate it. They're special to me. They're pink. >> There they are. >> All right. Yeah, like I said, as soon as you're done with you send your 707 call your sergeant and >> Okay. Awesome. Thank you so much. Do you want her property? >> Yes. >> Um I don't know what your bond is going to be. That's between you and her. >> It's not going to be a lot. I think it's going to be $10. It's What are we doing? It's like an alcohol violation? >> Yeah, she had underage possession. So, I think it's 100 bucks or $10. >> Uh probably about 2 hours. >> Are you Juliet 424 426? >> Yep. >> Thank you, darling. Appreciate it. 4M121 central. >> 4M121. >> Juliet 426 has custody of my prisoner. >> All right, copy that. >> Now, grades. The arresting officer receives a B plus. The stop was legally justified, the scope expansion was constitutionally authorized, and communication was calm and transparent throughout. The single open question is whether the handcuffs were double locked after fitting, which is standard protocol to prevent accidental tightening during transport. That unresolved detail prevents a higher grade. The transport officer receives an A minus. His on-camera role was limited, but coordination was clean, and his demeanor was professional. The grade reflects the limited footage available, not any observed deficiency in conduct. The subject receives a B. She was compliant, composed under genuine stress, and she communicated her physical discomfort in real time, which is exactly what she should have done. The Fifth Amendment was not invoked, but her statements were confined to booking level information, so no material harm to her legal position resulted. Before the close, this case offers five specific takeaways that apply well beyond this one interaction. Lesson one, a broken tag light is a legally sufficient basis for a stop. Courts across the country have upheld traffic stops on equipment violations, and nighttime tag light requirements are not ambiguous. Lesson two, the plain view doctrine removes the warrant requirement when evidence is visible during a lawful encounter. An open alcohol container in a vehicle does not need to be sought out. If it can be seen, it can be acted on. Lesson three, Miranda does not attach at arrest, it attaches before interrogation. Booking questions are categorically not interrogation under Berkemer versus McCarty. That distinction is settled law, and misunderstanding it is far more common than it should be. Lesson four, if handcuffs are too tight, communicate that immediately. Officers are trained to respond and a failure to address the complaint can create civil liability for the department under the 14th Amendment due process clause. Lesson five, compliance with a lawful arrest is not the same as waving constitutional rights. The right to remain silent, the right to counsel and the right to challenge the arrest in court all remain intact through and after the moment of detention. If there is a body cam interaction or a legal topic you want analyzed, leave it in the comments. 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