NO, CUZ I DON'T HAVE TIME FOR THIS. ENTITLEMENT. >> OKAY, then breathalyze me. Go ahead and do it. >> Take a deep breath. Blow. Keep blowing till I tell you to stop. Keep blowing till I tell you to stop. Keep going. Keep going. Keep blowing until I tell you to stop. Keep blowing until I say stop. >> I blow it? >> Sophia, just take it. >> Hold this. Yeah, and you lied. Hold this. >> I didn't lie. >> Hold this. >> Sophia, just shut your mouth. >> On May 1st, 2023, in the Houston, Texas area, a 19-year-old passenger was arrested during a DWI stop, not for driving, but for talking. The core question, does a DWI stop extend investigative authority to passengers? The answer under the Fourth Amendment is narrower than how Officer McGee applied it here. Detaining a passenger requires its own legal basis. Under Terry V. Ohio, 392 US 1, 1968, an officer needs reasonable, articulable suspicion of a separate, independent offense. The driver's DWI alone does not provide that. >> Hello. >> Hi, sorry. I'm on the phone with my >> That's fine. Where you all come from? >> We just want to go home. I can't No, we thought he was sober. We We just thought he was sober. We want to go home. >> Ma'am, it literally smell like alcohol in this car right now. >> Well, it wasn't us. We literally came from Silver >> Oh, okay. You But you you can't smell the alcohol in the car. You can't smell it. >> I'm 21. >> I I didn't ask you. You can't smell it. You said you didn't know. You can't smell the alcohol the way I just walked up and smelled it. So, you clearly knew he was drinking cuz we can smell it. So, >> didn't know he was drinking and he told us he was sober enough to drive us home. >> What's in that cup? >> It's water. It was It's >> So, so you knew he You knew he had been drinking. He But he told you he was sober enough to drive home is what he told you. >> Yes. I'm not even going to lie. >> Yeah, yeah, I yeah, yeah, I won't lie. >> That's what he told us and we believed him. I'm sorry. We were just trying to get home. >> Yeah, you literally just said something totally different. You said we didn't know he had been drinking. That's what That's the first thing you said when I walked up. And I didn't even ask for that. >> I'm I'm really freaking out. >> No need to freak out. You ain't driving. >> but like I just want to get home. Like he told us he could get us home. >> You will be home eventually. How old is your friend in back? >> You can talk to him. >> Yeah, yeah, yeah, yeah, yeah. Let Let the window down for me. Can you let it down? Yeah. >> What now? >> I'll go on that side. Hello. Hi. >> I just want to get home. >> Where you live at? What you scared about? >> I I don't know what this is. >> What you scared What you scared of? >> I'm just scared because like my friend driving was like, "Oh, I'm sober. >> Can you move that jacket right there? >> I don't know what that is, actually. You can have it. He told us he was okay to drive. I literally >> Okay, put that back Put that back right there. And not Keep it right there and don't and don't pour it out. Just keep it right there. >> Yes. How old are you? >> 21. You want my ID? >> Yeah, let me get both of y'all IDs, actually. Huh? What? >> I have my credit card somewhere. >> You got a photo. You ain't got a ID? >> I have a thing. >> You You don't have a ID? You just You just left Suburban and you don't have a ID? >> I don't know. >> You didn't You didn't need it to get in a bar? >> No, they did not ID >> [music] >> her to get in. >> Oh, great. Good to know. >> So, I have an expired card. >> Okay. Let me get Yeah, let me get your ID. What's your name, ma'am? Huh? Spell it for me. >> S O P H I >> Uh speak up louder for me. >> P H I A. If you want me to call you, you can have >> S O P H I A. What's your last name? When's your birthday? And you get the spelling of your last name as 2003, you said? >> It was >> Okay. Were all y'all together at Suburban? So, all of y'all were together at Suburban? >> Yes, we were. >> Okay. >> And they did not ID any of us. >> I mean, I'm 21. >> Okay, that that that's fine. It It's It's fine. So, all y'all So, all y'all was drinking together? >> She did not drink at Suburban, no, sir. >> Okay, where you drunk at? At your You not get your house. Okay. Thanks. Hey, go ahead and you can call your mom or somebody to She can come and pick you up. She can come and pick you up. Yes. Where's your mom or whoever you want to call you can You can call a Uber or whoever. >> Can I call Uber to come get me? >> Yeah, that's fine. That that that that's fine but >> my mom since she knows, please? >> Hey mom. Can you hear me? >> No, she can't That's my little sister. She can come get me, right? >> Uh no, your little sister been drinking. Your your your little sister about to get a citation cuz she been drinking. I can smell it on her, too. She's back there with alcohol. So, because of this I'm going to breathalyze her and if she has alcohol she's going to get a citation but your mom can't come and pick y'all up, okay? >> Can she come Can a Uber get us? >> Yes. Yes, go ahead. All right, you told me you've been drinking and you said you were drinking in the house. >> You can't give me a citation if you >> Yeah uh yeah yeah I I I physically can and I am. You I legally can cuz you just told me you was drinking and you were 20. >> It's my notes house, isn't it? >> It doesn't matter. You said are you of age? Uh yeah, you can but you're going to give me a breath test or I'm going to cite you because you have alcohol in your system. Yeah. So You said I can't? >> No, what are you talking >> Uh okay, you can call your mom so what up? I'm I'm Yeah, I legally can and I can legally take you to jail for it, too, BECAUSE YOU JUST TOLD ME YOU HAVE ALCOHOL in your system. So, do you want to go to jail, TOO? DO YOU WANT TO PLAY THAT GAME? DO YOU WANT TO PLAY IT? >> SOPHIA. >> WOAH, do you want to play that game? >> I don't know, Jay. >> That's a yes or no question. >> Come on. So, I Okay, then tell my mom to come get So, this man >> I'm Officer McGee. >> Okay, so an officer An officer is saying that he wants to give me a citation but he legally can't breathalyze me. >> Okay. You have been drinking. >> Yes, I have been. >> Okay, and are you 21? >> No, I'm not. >> correct? So, either >> was just >> at my mom's house with my mother. >> No, no, no, no, no, no. You just told me you just left a bar is what you just said, and you said you drunk at home, so I don't believe that. So, I'm going to write your side. Either you can give me a breath sample or not. And if you refuse to sign it, then I'm going to take you to jail, but you're going to have a citation whether either way it go. You just told me you left a bar, right or wrong? Yes or no? >> he was with me. Nobody was there. >> Okay. So, you you you you you So, are you refusing to give me a a breath sample? Yes or no? >> It's your mother. >> Are you No, your mom don't have Your mom don't have anything to do with what's about to happen right now. Are you Are you Are you refusing to give me a breath sample? Yes or no? >> Yes. Legally, >> Are you Yes or no? >> Can you please stop yelling at me for a second? >> NO, CUZ I DON'T HAVE TIME FOR THIS. ENTITLEMENT. >> OKAY, then breathalyze me. Go ahead and do it. >> Take a deep breath. Blow. Keep blowing till I tell you to stop. Keep blowing till I tell you to stop. Keep blowing. Keep blowing. Keep blowing until I tell you to stop. Keep blowing until I say stop. >> can't? Sophia is just going to >> Hold this. Yeah, and you lied. Hold this. >> He's lying. >> Hold this. >> Sophia, just shut him up. >> Blow. >> in possession charge is factually supportable. Texas Alcoholic Beverage Code section 106.04 prohibits alcohol consumption by anyone under 21. A positive PBT plus the passenger's own verbal admissions meets the probable cause threshold. The disorderly conduct charge is far weaker. Texas Penal Code section 42.01 subsection A paragraph 1 requires that profane language tend to incite an immediate breach of the peace. Arguing with a police officer even loudly does not meet that threshold. In Gooding v. Wilson 405 US 518 1972 the Supreme Court limited speech-based criminal liability to fighting words meaning utterances that provoke immediate violence by their nature alone. Protest of a police action does not qualify. City of Houston v. Hill 482 US 451 1987 is the controlling case and was decided in this exact city. The court held that the First Amendment protects a significant amount of verbal criticism directed at police. That ruling directly undercuts this disorderly conduct charge. On Miranda, the officer stated on camera he did not need to read Miranda rights. Under Miranda v. Arizona 384 US 436 1966 warnings are required before custodial interrogation which begins the moment questioning continues after arrest. The categorical dismissal was legally imprecise. Any statements obtained post-arrest without advisements are subject to suppression under Texas Code of Criminal Procedure article 38.22. The officer's framing may have created an evidentiary problem he did not anticipate. On the vehicle search, the officer cited search incident to arrest under Arizona v. Gant 556 US 332 2009 once a suspect is secured and removed from the vehicle the automatic authority to search the passenger compartment is substantially limited. The officer overstated the doctrine. >> Well, we can get both of them out. >> Can I get >> Yeah. Step out. >> Can I have my phone right now? >> Yeah, you can get your phone. Step out. >> I just want to get my phone. >> Have a seat right there in front of my car on the curb. >> Do you want me to get in the car? >> No. Just have a seat on the curb. Hey. Hey, Megan. Come over here and have a seat on the curb for me. You fine? Just have a seat on the curb. All right. Okay, did this man I already talked to her mom. My mom's good. >> I'm going to call her real quick tomorrow. >> SIT DOWN BEFORE YOU GO IN THE BACK OF THIS POLICE CAR. I AM TIRED OF HEARING YOUR MOUTH. KEEP TALKING ABOUT WE CAN'T LEGALLY SEARCH THE CAR BECAUSE HE JUST BEEN ARRESTED. IT'S CALLED A SEARCH INCIDENT TO ARREST. SO, KEEP TALKING. SIT DOWN AND SHUT UP. >> I AIN'T >> NO. NO. YOU NEED TO BE QUIET. IT'S WHAT YOU NEED TO DO. >> THE ONLY REASON SHE YELLED at me >> OH MY GOD, I'M 19 YEARS OLD. >> IT DOESN'T MATTER. NO, YOU'RE NOT 19. >> YOU YOU HAVE NO RIGHT TO YELL AT ME. >> YES. YES. YES, I do. YOU NEED TO BE QUIET. >> YOU NEED TO CHILL. >> HE IS EXECUTING HIS rights in the law and he's doing his job and you prevent him from doing that. So, you need to shut up and sit down like we asked you to do OR YOU'LL BE GOING TO JAIL, TOO. SO, SHUT UP. >> THERE'S NO REASON TO YELL AT ME. >> WELL, YOU NEED to Yes, there is BECAUSE YOU'RE A ENTITLED LITTLE BRAT AND WE'RE TRYING TO DO OUR JOB AND YOU'RE HINDERING US FROM DOING THAT. SO, BE QUIET. >> STOP TALKING. >> There's no reason to yell at me when I haven't DONE ANYTHING WRONG. >> KEEP TALKING. >> NO. NO. THERE'S NO REASON to yell at me when I haven't done anything Hey, listen. If you keep talking, you are going to go to jail for disorderly conduct. This is my Okay, stand up. DISORDERLY CONDUCT. I have asked you to BE QUIET. NOW, TURN AROUND. 10-4. I'm 10-15 one time. ARE YOU OUT HERE CUZ I ASKED YOU TO BE QUIET? YOU WANT TO KEEP TALKING, PLAYING A GAME? NO. ALL RIGHT, STEP BACK HERE. Come on. Come on. First of all, you got anything on you that I need TO KNOW ABOUT? ANYTHING ON YOU THAT THAT I NEED THAT I STICK MY FINGER IN YOUR RECTUM? TURN AROUND. ALL RIGHT, COME ON. LET'S GO. Stand up. Unlock my door. Anything in the back of the car going to belong TO YOU? LEAN BACK. Lean back. No, no, no, no. That that you you are you are fine to record. We're recording you. That's That's your right to record. So, she's under arrest for disorderly conduct and possession of alcohol under the age of 21. Yeah, she's going to jail. She's going to Cobb County Jail. You You go ahead and call your Uber. You're free to go. Yep, your mom or Uber who Yep, you can call whoever you want. You can walk home if you want to walk home. You're grown. No, we can't we can't take you home. We got two people in the back of the car who's going to jail. >> Oh my god. I did not even do anything wrong and there's so much you [ __ ] [ __ ] that you can do right now. People are being murdered and you're like you can do what I say. Okay, what is what is that? A recording? I don't even care. You did not read me my Miranda rights at all. And you're literally arresting me for driving in a car. And you did not read me my Miranda rights and you said, "Yeah, I don't need to read you your Miranda rights." Yeah, that's what you said. And I arrested me for like oh my god. Do you think I'm going to beat the car? >> 11:45. Hastert is assistant. >> Please get me out of this car. Get me in a different car, please. Please, please. Let me talk to a reasonable person. After you arrest me for doing absolutely nothing. Not even drunk driving. I'm under the age, yes. But that is literally the least thing that you can do to worry about. And you [ __ ] arrested me for absolutely nothing. >> Mhm. >> LIKE I'M THE LITERALLY THE least fun thing you can do. It is No, I'm not even No, I'm Are you kidding me? And I'm in handcuffs right now. >> Yes, you are. >> Oh, wow. I Okay. Like, this is This is crazy, like There are people that will hate you, like, and you're putting me in handcuffs. And people will be Are you like a new officer or something? >> Oh, no, I'm not, ma'am. I've been I've been I've been policing a long time. >> Okay, well, you put me in handcuffs, and I did not even hit you or anything. >> Okay. >> This is ridiculous. Like, I can't even It's crazy. No, like, I Because it's just I'm 19 years old, and you put me in handcuffs. I didn't even hit you. Are you kidding me? Like, I've Oh my god. Like, I'm not even [ __ ] even drugs. Please, can I please talk to you, officer? I'm not even like doing anything at all. Excuse me, sir. There can be so many worse things in this world, and you're literally resisting me right now, and I'm not even going to like I'd never even resist an arrest at all. And you're literally going to like be rude to me out of all things, and you're annoying, and that's fine, but I'm And you put me in handcuffs for what? When I never even resisted any sort of arrest. And you won't even let me talk to an officer. That's so [ __ ] up. Let me talk to an officer, please. Let me please talk to an officer. That is not okay for you to be like that. Like I'm not even doing anything wrong at all. I have a buckle right here that I can unbuckle and leave, and I won't even do that because I respect police officers, and like I'm the public and it's [ __ ] and no. No. I can't believe you're doing this to me right now. Can you please roll down the window so I can talk to a police officer? And I think he heard me. Wow, I just Okay. Okay, report it. Report it all you want. Say whatever you want. Make up Make up random [ __ ] Okay, whatever. >> Officer Nuggy receives a C. The PBT and the minor in possession charge are grounded in Texas law. Physical control was proportionate with no visible excessive force. Those are genuine credits. The deductions are significant. The disorderly conduct arrest rests on protected speech under City of Houston versus Hill. The on-camera statement that he had no time for this entitlement is a documented refusal of de-escalation that will matter in any civil review. Sophia receives a B. She did not physically resist at any point. She identified the correct constitutional issue in real time. Continuing to argue after reaching an impasse was tactically unwise, but never unlawful. The companion Megan receives an A minus. She stayed calm, followed instructions, and was released without charge. Her composure under pressure produced the only outcome worth having in that situation. The department receives a C plus. Body cameras were operational. However, two officers used language on camera, including the phrase entitled little brat directed at a detained subject, which falls below professional standards and creates civil liability exposure. Five lessons emerge from this footage that apply to anyone who might one day find themselves on the passenger side of a police stop. What follows is what the law says and what it means for how you respond. Lesson one, passengers hold independent Fourth Amendment rights. A DWI investigation does not automatically authorize every demand extended to every occupant. Ask for the specific legal basis for any request directed at you personally. Lesson two, your words are the strongest evidence against you. Nothing required this passenger to speak first. The Fifth Amendment right to silence applies before any arrest. What you volunteer voluntarily becomes part of the probable cause record exactly as it did here. Lesson three, the First Amendment protects verbal criticism of police, but it will not stop an arrest in the moment. City of Houston versus Hill guarantees the legal right. The remedy for a violation is the courtroom, not the curb. Lesson four, Miranda is a procedural protection, not an immediate shield at handcuffing. It activates before questioning while in custody. Understanding that distinction prevents the confusion visible on both sides of this encounter. Lesson five, de-escalation is discipline, not weakness. When an experienced officer tells a frightened teenager he has no time for her entitlement, he is not projecting command presence. He is generating the record on which a Section 1983 civil rights claim is built. The outcome of this case remains unknown at time of analysis. The minor in possession charge has factual support. The disorderly conduct charge faces direct constitutional resistance from a Supreme Court ruling issued from this city. What the footage shows is unambiguous. A passenger who did not drive was handcuffed and transported to jail for arguing with police. Whether the law authorized that outcome is the question this kind of analysis exists to answer. Incidents like this happen every day. Understanding the legal framework before you are standing on a curb at midnight is the difference between knowing your rights and wishing you had. Subscribe to our channel for more legal analysis of real body cam footage. Share this video with someone who needs to understand these rights before they need them. Leave your questions in the comments below.