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JUST RELAX. >> NOW THAT WILL kill you. >> You know you're now threatening a police officer's life. >> On a night in Key West, Florida, a single traffic stop became a 29-minute legal case study in DUI law, use of force, and exactly where the First Amendment stops protecting you. >> Can I pull back here? >> Huh? Just stay right here. You're fine. Can I see your license? Just put your car in park for me if it's not already. Okay. put your car in park for me. Thank you very much. Do you have a driver's license? >> Can I please see your driver's license? >> You all right? >> Yeah. I mean, I don't have your driver's license. >> Do you what? >> My my driver is suspended. >> Your license is suspended? >> Yes. >> Okay. So, you don't have a driver's license? Whose car is this? >> This is mine. >> This is your car. What's your name? Tammy. >> Tammy. What? >> Where's your license from? Florida. >> Arkansas. >> Arkansas. >> Yes. >> Okay. And you said it's suspended? >> Yeah. >> Okay. Any reason why it's suspended or what's the reason? >> Um because it was suspended for suspended uh tags while back. >> Okay. Do me a favor. Stay inside your car and hang out here for me. Okay. Do you know this gentleman over here or? >> No, I don't know. >> You don't know that guy? Okay. He's not a friend of yours or nothing like that. Okay. Just make sure the car stays in park and stay right here. Let me uh finish up. Black Nissan Rogue SUV. I'll be at Sapphire and US. >> Yes. >> I watch her pull into my yard and peek from my window. >> H Okay. >> And she was staggering. >> Yes. She she I'll I'll deal with her. So, thank you. You said the car is yours, Tammy. >> Yeah. >> Okay. All right. Hang here for a second. >> What do you got? >> She was stopped there in the middle of the street when I pulled up. >> So, is he left her sitting in the sitting in the car? She's just sitting there. Her car is in park, but she was just stopped in the middle of the road sitting. So, >> did you talk to her? >> Oh, yeah. Yeah, I spoke to her. I have her information. She's suspended. She has knowledge. She told me, and she's probably >> How are you doing? Good. >> Getting everything. >> Oh, man. Don't ever step out of the car. >> Yeah. >> Why you dressed like that? >> I was changing. >> Okay. Put a skirt on you. Whatever you wearing, put it on you, please. >> I'm done. I'm changing. I was changing clothes and then >> you have a pair of pants or anything? >> This is it. >> Where the rest of your clothes? >> They're in the back. >> Do you want to put your pants on? That way you're not done out here in >> This is it. >> Just make her dress. >> Yeah. Can you please put your pair Can you please put a pair of pants on for me? Or a pair of shorts? Do you have a pair of shorts or pants? >> Well, you said your clothes are in the back of the car, right? >> What do you mean this is it? >> Sit. >> This is what? >> Saw. >> Okay. You said you were changing. So, is that a pair of shorts or a pair of pants sitting on the seat? >> No. >> What's that right there? That that gray. Is that a pair of like sweatpants or something? >> No, it's a shirt. >> It's a shirt. A shirt? >> Yeah, a shirt. >> Oh, a shirt. >> Yeah. >> Okay. Do you have any pair of Where are your pants? >> Do you have pants or anything? >> No. >> You have a luggage in the back? No. >> You have a pair of shorts. Anything you can put on so you're not standing here in your underwear. Just the same. >> Do you have a driving license? >> No. It's It's in the call. It's CDRO. It's suspended. She don't actually have it on her. Okay. Um All right. Where are you coming from tonight, Tammy? >> Tammy, you all right? >> Tammy, are you okay? >> Yeah, I'm good. How what do you need? >> Okay. What? Where are you coming from this evening? >> What do you need? I I live here. What do you need? live where >> what do you need? >> I'm a summer. What do you need? What do you want? >> I'm a nurse here. What do you need from me? >> Okay. I'm just asking what do you want? >> I'm asking where you were coming from. >> What do you want? >> I was asking where you were coming from. >> I'm coming from somehow. What do you want? >> Where are you trying to get back to tonight, Cammy? >> Summerland. What do you want? >> Okay. And you don't have any pants or anything like that? So, you're driving around in your underwear? >> All my is as well. You said you were changing. So, I just try to make you feel more comfortable. That way, you're not standing out here in your underwear. >> Don't patronize me. What do you want? Arrest me. Let's go. Let's go. Let's do this. Go. >> Tell me, what's the problem? >> Don't patronize me. Let's go. Do this. Let's go. >> Do what? >> Here we go. Arrest me. Stop patronizing me. Let's go. >> I'm not patronizing you. I'm trying to have a conversation with you. I'm just trying to talk to you. >> You're patronizing me. Let's go. >> Okay. Where are you in nursing? I'm >> I'm at the pool. Let's go. Okay. She is the one who is calling s all the time. Tommy. >> Yeah. >> That the bushi pul her over took her driving license while you drive. You know you have suspended driving license. Okay. >> You or me? I was going to do signal one if you don't want but we're just going to suspend it. >> Well, you want to take it? >> I I No, you can take it. I don't care. >> So, come on. You or me. >> You need to decide it. >> I'll take it. I'll do it. Just suspend it. >> Suspended on signal one all day long. You suck. You know, you suck. You suck. You suck. You >> relax. >> No, I'm not going to. You >> There you go. Stop. Stop resisting. You >> the stop was legally grounded before the officer said a word. A credible eyewitness reported radic staggering behavior under Terry v. Ohio. 468 US satisfies the fourth amendment's reasonable articulable suspicion standard for an investigative stop. Within seconds, the subject disclosed a suspended so drive license for that admission created independent probable cause for a criminal entirely separate from any DUI investigation. Two charges, two legal bases established in under a minute. The order to exit the vehicle is not optional. Pennsylvania v Mims and four 30v traffic stars officers bishman's offson aued refusal act obstruction under Florida statips nights 42 >> ma'am what you doing relax take a seat >> all right stand up let's place in the car yeah Just stop. Turn like that. Dammy, walk for me. I got him. Might have to pull up. Pull up. >> Can you walk with me? Cammy, walk with me. Candy, get the car for me. Hey, sit down. Tammy, sit up. You dead. You dead. You dead. You know you dead. Sit for me. >> You dead. You're dead. >> Tammy, sit. >> You dead. You're dead. You're dead. You're dead. You're dead. You're dead. You're dead. You know what? You're dead. You're dead. You're dead. You're dead. You're dead. You're dead. You know that you're dead. You're dead. >> You're dead. >> Can you put in next rotation, please? >> Well, that was fun. That was unexpected. >> That came that came quickly. Well, I had all her stuff and she was just sitting there and she was in her underwear. So, I'm like, well, I'm not going to get her out and start doing stuff. >> At least not yet. So, I was like, >> what I was thinking that I take her for like, you know, a driver suspended driving license to a SP at the jail. >> Yeah. I guess >> I didn't want her be in like a dress that in the open, you know. >> The hell was that? >> Did she kick you? Did she punch you? Anything? >> No, I didn't feel her kick or punch. She just fed up and was just acting >> now. Sweet out, right? >> Yeah, it's out. She just kept pushing back and I'm guessing they took her license the other night. She was just stopped like yesterday. >> Yeah, but she's wasted. >> Oh, she's hammered. And there's a Sierra Nevada center. >> Yeah. Yeah, I know. So, so you have physical control of the vehicle, right? >> Oh, yeah. Yeah. >> Ouch. Jesus, my head just bumped my head. I just just check it. I'm going to start walking on the >> on the on the subwoofer the hills. Huh? Dog dynasty. >> Can you ask for open office number? >> Yeah. Anything you find sticking around? I'm run her out there. >> Yeah. Yeah. Yeah. Did you search everything? >> Yeah. It just looked like a bunch of clothes. And >> so just put the miscellaneous clothes. clothes and there was some jewelry in the center console, but that's about it. >> What jewelry? >> Just looked like some like necklaces and bracelets and stuff. >> Okay. >> So, just nothing fancy, nothing expensive. Just miscellaneous jewelry and clothes in the back. >> All right. >> Okay. >> All right. Thank you. I'm going to run her that way. I think you're speeding. I think you're going a little too fast. You need to slow down a little bit. I think you're speeding. I think you're speeding. Holy. You need to turn your lights on. Oh my god. Turn your lights on. You're speeding. Holy. You're speeding. Turn your lights on or slow the down. You're speeding. You're speeding. You're contradicting your self. Slow down. You're speeding. And turn your lights on or slow the down. There you go. There you go. You're f such a contradictory. Oh my god. Oh my god. You suck. You suck. I hate you. I hate police. I hate police. I hate you. And you know that. You know that. You know that I hate you. I hate you. I hate you. I hate you. And everybody hates you. Everybody despises you. Despises you. Slow the down. Slow the down. You're driving TOO FAST. The speed limit is 35. Slow the down. [screaming] 35. SLOW DOWN. WHAT ARE you doing? OH MY GOD. OH MY GOD. PULL this over. HE'S OVER 35. PULL this over. You don't give a You don't give a You're not going to get pulled over. You're still over 35. Slow the [ __ ] down. NOW you're over 35. Slow down. There you go. There you go. No. No. No. No. No. No. No. No, no, no, no. You're passing. You're passing. You're done. You're done. See, you don't even know what 35 is. But you're pulling people over. You're pulling people over for over the speed. You're full of You know what? I hate cops. I hate I hate cops. You know what? I want to a cop though. I want to a cop and I want to really good. That way I can get whatever the I want. You're a cop cuz you can't be anything else. That's what there is. That's what That's what it is. You can't be anything else. You can't be anything else. You know what? You can be in porn though. You can be a porn star. There you go. There you go. Be a porn. Be in porn. You can be a porn cop. There you go. They'll take you. Does your body look nice? I don't know. I don't know. Is your big? I don't know. I don't know. I didn't see it. I didn't see it. But you know what? You can you could do that and you can make a lot of more money than you're making here and resting people on that doesn't make a bit of difference. There you go. This this makes no difference. You could be some nice nice but instead you're here arresting me. Can we Can we get some pictures of this? Can we get some pictures? Can we get some pictures of this? I want to post them. Yeah, I want to post this. Here we go. Can you get some pictures of me getting arrested, baby? Baby, handling me hardcore. Handling me hardcore. Can we get some pictures? You got a camera? Oh. Oh. Oh. We're in the We're in the back. Okay. Here. So, we need a camera. We need a camera on this. Okay. So, here we go. Where's the camera? Where's the camera? Where's the camera? Can we get a camera on this? Boom. Boom. We need a camera. We need some lights big time. You're not going to answer me. You're not going to answer me. You're not going to answer me. We need some cameras and we need some lights and some action going on right here. Boom. Boom. Boom. This is money. Money. Money. Big time. Big time. Money. Here we go. Right here from the start. You get a picture of me right here. Boom. Boom. Take it right now. Boom. Boom. It's yours. Money. Money. I'm a porn star. You got that? I do porn. You got that? Take a picture right now. Boom. Boom. Let's go. Take a picture. Give me one second. I'll get you out of there. >> Boom. Boom. Let's go. Take a picture. Let's go. I'm not going to make sure you're not going to fall. Okay. You all right? We're going to go in this door. I'll get you out of handcuffs. Okay. Can you walk with me, Tammy? Tammy, come on. Can you walk with me, please? That way I can get you out of handcuffs. Okay. All right. Let's go this way. Okay. It's our camera. You got You got a camera. You got You got the camera. It is. There's a camera. >> You got a camera. And there's cameras all up here. Let me see the camera. >> Camera's right here. Tammy. >> Okay. Let's go this way. Come on. >> Go, baby. >> Come on. >> This way, baby. >> Come on. Please, baby. >> Come on. Walk for me, please. Come on. Get those handcuffs off and get your pair of pants. Be a little bit more comfortable. All right. Come on. >> You did you did your job tonight, right? You did your job tonight, right? >> You did your job tonight, right? You did your job tonight, right? That's right. You did your job tonight, right? You did your job tonight. No, you did your job tonight, right? Right. You Yeah, you did you did your job tonight, you >> Oh, you you did your job tonight, right? You did your job tonight. Look at you. Look at you arrested. No, these people these people. No, you >> Tammy in this way. Oh, no. >> Yeah. >> You want to try to change her or what do they want to do? >> No. No, no, no. You're not You're not taking off of me. >> Relax. We're going to put pants on you, Cammy. >> You're not putting anything on me. >> Put pants on you. That way you're not walk underwear. >> You You're not putting anything on me. Not >> you. YOU'RE NOT PUTTING ANYTHING ON ME. I done anything you haven't done anything. you. I did nothing. I did nothing. >> Huh? >> You I didn't do anything. >> Come on. Let's put pants on. >> Anything. No. You >> put a pair of pants on. >> You No. >> Sit. >> All right. There you go. At least you have pants on now, Tammy. See, now you're not in your underwear. All right. Ain't that more comfortable? >> Stand up for me. Stand up for me, Tammy. >> Really? This is the fight we're going to have? >> Tammy, you're not going to win. >> You realize you're not going to win this fight, Tammy. So, that's fine. >> I think we might just need a green blanket at this point. >> The green Why you my face up my face? Why you my face up? Why you my face up? Why you my face up? Why' you my face up? You Why' YOU MY FACE UP? WHY' YOU MY FACE UP? OH, WHY DID YOU leave here? >> All right, you can stay in here. >> Do they want to take you off? >> Are they done? >> I'm not doing a DUI on [laughter] I can't do this [ __ ] white. Yeah, it's all refusals based on based on my face. >> We're sitting here my FACE UP MY FACE. WHY YOU my face? Why you my face? Why did you SAY [screaming] >> she's crazy? >> Yeah, that's right. >> I know. Why did you my face in the head? Why did you MY FACE UP? WHY DID YOU MY FACE UP? [screaming] WHY YOU MY FACE UP? WHY YOU my face? Why you my face up? Okay. [screaming] Okay. >> You done? ARE YOU DONE? >> YOU'RE GOOD. YOU'RE GOOD. YOU'RE GOOD. NOW HAVE THEM BACK. YOU'RE GOOD. YOU'RE GOOD. YOU'RE GOOD. LET ARMS GO AND WE'LL SEE HOW YOU ARE. We'll see HOW YOU ARE. LET ARMS GO. LET ARMS GO. We'll see how you are. Let arms go. Go. That's right. THAT'S RIGHT. LET ARMS GO. LET ARMS GO. And we'll see how you are. WE'LL SEE HOW IT SEE. Let my arms go and we'll see how you are. Tammy go. [laughter] >> Keep my head. Keep my head. My arms are tight. I can't do anything. Let my arms go. You >> get roped into this. >> Oh, I'm going get your neck. You You're laughing. You're laughing. You think I'm kidding. [laughter] >> You think you think I'm took took too long on your kid? [laughter] You think I'm >> Timmy? Can you down for me? >> You think I'm kidding? I'm going get your neck. Let my arms go. Get your neck. >> Calm down for me. >> Let my arms go and I will get YOUR NECK. THAT'S RIGHT. THAT'S RIGHT. >> TAMMY, STOP. >> That's right. That's right. That's right. >> Tammy, stop. >> That's right. You talk. You talk. >> Just relax. >> You talk. Tammy, just relax. >> Talk. Oh, you talk. Oh, you what? >> A little bit of strength to her for >> you. Oh, you what? You think I'm playing? >> All right, Tammy. >> Tammy, just relax. >> I GOT PEOPLE THAT will kill you. >> You know you're now threatening a police officer's life, right? >> No, I'm not. >> You have people that will kill me. You're saying >> kill you in general as a person, baby. >> Why would you want to kill me? That's me? >> Because you are a piece of [ __ ] >> You want me to die? >> Yeah. >> That's just me. >> Yeah. >> You have people that will kill me. >> I wish you were dead. >> That's just me. [snorts] Purely all of the verbal abuse in this encounter was constitutionally protected. City of Houston vill 482451 1987s is clear. Profanity and insults directed at law enforcement first amendment protected expression. But that part point statute section 836.12 threatened to kill a law of enforcement. When the subject state on Capra that she had people who would kill the officer, she crossed from protected speech into a felony. One sense one additional criminal count documented in full-on body cam. The DUI charge rests on Florida section 33 requiring proof of a view in hydri init strong the infy braver stasis aan to 30 minutes the coy does immude defense before it could form when force became infense sir Graham former twinity as governing's next reasonleness is judged for respective offspr that exact moment zess borphilis court rebs can is legally defend a sword gesture the responding officer receives a B. He established multiple threatening statement and held composure through 30 minutes of sustained provocation without yielding to misconduct. The deduction roadside dialogue continued too long after the subject was clearly past productive engagement. Earlier, the transport would have been the smarter call. The subject receives a D. She drove on a suspended license physically suspended for a physically death threat statute. Section 836.12 12 month 12 12ations 60 hours of community classes reflects judicial discretion is not an acquitt. >> What are you doing? You're going to stand there. Okay. Okay. >> Just relax, Tammy. That's all you got to do. Just relax. >> Stand there. Let's Let's relax and let him stand there for a second. >> Just relax, Tammy. There ain't no reason to act this way. All right. >> Okay. Let's let him stand. >> Can you calm down for me, Tammy? >> He looks nice. He looks good. He looks good. I I Yeah, I you good. You're good. I you in a heartbeat, baby. I'd in a heartbeat. That's right. That's right. I you in a heartbeat. >> Look me up. Anley definitely porn star. Why is he standing there? >> I thought your name was Tammy. >> Okay. No, my I'm I'm a porn star. >> Okay. Yo, our porn star is Ansley. >> What are you doing in Key West? >> Uh, I work here. >> Oh, who the is this? Oh, is are you a girl or a guy? >> I don't know. What are you? >> Are you a girl or a guy? >> That's just me, Tammy. >> Oh, you're a girl. Aren't you? You're a girl, but you look like a guy. >> Perfect. >> Oh, better position than you. >> Oh my god. >> So, I'm going to let you know how this is going to work. >> You're a girl. You're a girl, but you look like Shut the up and listen up. >> Yeah. Yeah. Yeah. Yeah. >> You're going to go in the chair. >> No, I'm not going any chair. >> Okay. The more you fight me, the worse it's going to get. >> Okay. You're a girl and you look like a guy. >> That's perfect. >> But what are you? Are you a girl or a guy? >> I'm your worst nightmare. What do you what do you what do you what do you what are you do you as a girl or do you as a guy you a girl or you as a guy >> this is so unnecessary choke me are we are we taking this are we taking this >> please tell me we're taping this >> who's got the video going cuz it's money money >> I hope somebody's got Oh my god You hurt my neck. You hurt my neck. Oh my god. You hurt my neck. You hurt my neck. You hurt my neck. >> Oh my god. You hurt my neck. [crying] You hurt my neck. >> On the other side of the Go down. I don't know what I'm doing. Go down. Sorry. I know. Somebody's got the video going. Hopefully somebody's got the video going. >> Somebody's got the video going. Somebody's got the video going. I hope. I hope. I hope. Oh my god. >> Oh my god. Please help me. Please strap back next. >> Sit up. Sit up. >> Sit up. >> Get the belly. Get the belly. My babies help me get these barbec baby. I didn't do anything. I didn't do anything. Ready? >> Stop. Stop. [crying] Apparently not. >> I got it. I got it. >> Every encounter like this one carries lessons that go beyond the specific facts. These five come directly from the legal consequences of choices made in this interaction. Each one documented and each one preventable. Lesson one, driving on a suspended stor from the moment the engine starts. >> Florida statute section 322.34. Preventing the arresting officer >> does not change the legal liver defense. It only adds to it. Lesson two, insults are protected, threats are not. Florida statute section 836.12 draws a specific unambiguous line. Profanity directed at an officer will cost you nothing who will kill him. Cost you a secondderee felony charge. That is not a gray area. Lesson three. Florida statute sections 840. Them points out you two and n 6.3 both activate the moment you stop complying with a lawful command. Every glance adds to the charge sheet. None of them subtract from it. Lesson four. Body cam records everything, including what works against you. This subject demanded to be filmed throughout the encounter. Every threat, every activ she have made is now part of the legal record. The footage she wanted to see became the evidence the court received. Lesson five. 30 minutes of composure gave this officer a clean record with excessive force exposure. The subject's decision to escalate at every turn did the opposite. It built the prosecution's case charge by charge in real time on camera. What this case shows is that a single bad decision can cascade into multiple serious criminal charges when every subsequent choice compounds the first. The law did not create that outcome. The choices did sequentially and each one is on tape. There is a statute or a legal question from this encounter you want analyzed, put it in the comments. If this breakdown was useful, give it a like and subscribe to our channel for a more legal analysis of real body cam footage presented straight without the
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