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Step out of the car. Step out of the car. >> No, I'm not the car. >> Step out of the car. You're going to go to jail for resisting. >> No, I'm not. I can't be in jail for resist if you haven't pulled me over for a lawful reason. >> Where is your radar? Where is your radar? >> I don't have to show you that. >> Yes, you do. No, I do not. Yes, you do. Where is your radar? Where did you stop for your speed? >> I stopped you for your speed. >> How did you track me? How did you track your speed? >> How? >> I stopped you for your speed. How did you track your speed? Please exit the fuel. Bro, how did you track my speed? Cuz I'm going to sell the George. He's going to ask you, how did you track your speed? You going to tell him what? >> I'm not doing roadside. >> What are you going to tell? >> You don't DICTATE HOW THIS TRAFFIC STOP. >> HE ASKS YOU. >> I'm asking you again. Step out of the car. >> I'm not stepping out of the car. I need >> step out of the car. >> Sergeant out here supervisor. >> Step out of the car. >> Step out of the car. >> Step out of the car. >> Sergeant out here supervisor. >> Step out of the car. >> All right, we're going to break the window. >> One more chance. One more chance. We're breaking the window right now. On January 5th, 2025 in Florida, a sheriff's deputy pulled over a driver for going 6 mph over the speed limit. 15 minutes later, the driver was in handcuffs facing a felony charge. Florida statute section 322.15 is the foundation of this entire case. It requires every licensed driver to carry and display their license upon demand of a law enforcement officer. There is no exception for disagreeing with the reason for the stop. known. The stop was lawful. Under Terry versus Ohio, 392 US1 from 1968, a radar reading of 41 and a 35 is probable cause. Full stop. The driver's argument that the stop should have happened two blocks earlier is not a legal defense. Officers choose where to safely execute a stop. >> Hello. Hey, how are you? >> Um, deputy, who's with the sheriff's office? Do you have a license registration with you? >> I'll tell you in a second. You have your license with you? I will tell you in a second. >> I'm requesting your license, sir. >> I will tell you that in a second. Once I see your license, I'll tell you why I stopped you. >> But you don't tell me. You don't tell me how to do my job. >> 335. >> I'm not told you for no reason. I have two reasons for stopping. Stormy a second. Can I see your license, please? >> What's the reason? >> I will tell. I just told you. >> No, you didn't tell me anything. You You didn't say anything to me. You just said I'm pulling you over. >> Okay. I'm Deputy Cruz with the sheriff's office. I introduced myself. I asked for your license and registration. I will tell you that as soon as I get your license. >> No, you need to tell me what your reasoning over. >> Sir, >> I haven't done anything. Everything I was supposed to do here, you stop. >> I'm stopping you for two reasons. >> Number one, >> sir. Do you have your license with you or not? >> Ask you not answering my question. Guys, follow me all the way from the gas station. >> I did everything I was supposed to do. >> I'm stopping you for two reasons. >> Hey, that's has nothing to do. >> So, what's the problem? >> I'm stopping you for two reasons. One is your speed. Okay. >> My speed >> speed limit is 35 mph. >> Where? >> On Mahogany. >> So, why did you stop at Mahogany? Why'd you wait for >> Yeah, I don't You don't have to. I I pick and choose where I conduct my traffic stops. >> You can't stop me 10 miles. >> May I see your license, please? May I see your license, please? >> What's the reason for you to stop me? 313. Have them step it up. >> 1054 drivers is not being quite. >> I got your license. >> What's the reason, dude? >> I just told you. >> You did. That's not about you. You should. If you said I'm speeding, you should have stopped. >> Hop out of the car, please. >> No, I'm not hopping out of the car. >> I told you why I stopped you. >> No. Yes. Not a Valerie. If you stop me, stop me from from what? What's What's the speed? What's your radar? Where's your radar at? >> I want you to stop with you. What did you track my speaker? >> Sir, >> I want to know because you're literally sir a good five cars away from me. >> Sir, you're going to make this more difficult to see. >> No, you are you're not you're not giving me a reason a valid a lawful reason for why you're pulling. >> I just told you reason. You said I'm going over 40 over over 35. >> And you were also following too close to that motor behind that motorcycle too when he was turning. >> What? >> Am I stopping you? >> Now you just get the out of here. Go give me a target. I'm not speaking to you. >> Step out of the car. >> No, I'm not speaking. >> I stopped you for your speed like I see. >> No, that's a bullsh. If you would stop me for my speed or stop me over there, then why would you wait all the way over here? I'll wait for a whole two stop sign. >> 313 fire. You start 110. He's a supervisor. >> What's your name and your badge number, dude? >> Deputy Who's at the Sheriff's Office. I stopped you for your speed. >> What's your badge number? >> 1098. >> Okay. >> Can I see your license, please? >> You said you stopped me for my speed. All over in Mahogany. Where are we at right now? >> What street are we on? >> I'm going to ask you to step out of the car. >> Where are we on? No. What street are we on? >> We're on Guava Street. >> Okay. Why did you just stop at Mahogany? >> You don't pick and choose where I stop. >> But you pulled me over. So, why you stop me over here in Mahogany? >> Sir, if I'm asking for the last time I got you for your license over when you said I was speeding mahogany, which I was not speeding a mahogany, so don't even lie. And I was not speeding close to no motorcycle either. >> Sir, that's not the reason I stopped you for the motorcycle. I stopped you for your speed. >> You said it. So not in your butt. Not your bull. [ __ ] No dude, I mentioned it. That's not the reason I stopped you. I stopped you for your speed. >> You're close too close to the motorcycle. That's >> That's not the reason I was stopping you for >> pitching around, dude. >> I stopped you for your speed, >> dude. Why did you stop me at mahogany? >> I get to pick your shoes where I stop my vehicles. >> If I'm If I am a fraction, you should stop it right away. Don't wait until I stop a whole two stops and a whole another street for you to pull me over. >> Sir, this is >> No, I'm not. No, I'm I'm done talking. I'm done talking. I've asked for your license four times now. >> You need to have a valid step over. >> Step out of the car. >> No, I'm not the car. >> Step out of the car. You're going to go to jail for resisting. >> No, I'm not. I can't be in jail for resisting if you haven't pulled me over for a lawful reason. >> Where is your radar? Where is your radar? >> I don't have to show you that. >> Yes, you do. No, I do not. >> Yes, you do. Where is your radar? Where did you stop for your speed? How did you >> I stopped you for your speed. >> How did you track me? >> I stopped you for your speed. >> How? >> I stopped you for your speed. How did you track your speed? Please exit the fuel. >> Bro, how did you track my speed? Cuz I'm going to tell the Georgia. He's going to ask me how did you track his speed? You're going to tell him what? >> I'm not doing roadside. >> What are you going to tell me? >> YOU DON'T DICTATE HOW THIS TRAFFIC STOP. >> HE ASKS YOU. >> I'm asking you again. Step out of the car. >> I'm not stepping out of the car. I >> step out of the car. >> Sergeant out here supervisor. >> Step out of the car. >> Step out of the car. >> Step out of the car. >> Sergeant out here supervising. >> Step out of the car. >> All right, we're going to break the window. One more chance. One more chance. We're breaking the window right now. >> One more chance. We're breaking the window. >> I stopped you for your speed. I've asked for your license plenty of times. I don't have to explain that to you. And I get to pick and choose where I stop my vehicles where it's safe for me. >> That's not how you're not a cop. >> That's not how that works. >> All right, we're going to break the window if you don't stop. Let's go. >> Step out of the vehicle. Step out of the vehicle. >> This is a lawful traffic stop. I stopped you for your speed. told you get out of the vehicle once. We're going to get you out of the vehicle. You're under arrest. >> That's not up for debate right now. I gave you the reason for this for the stop. I'm asking for your license which you were refusing to provide to me. >> Florida Drive. >> Hop out of the car before we break the window. >> How did you track my speed? >> That is not up for debate. >> Would you get a sergeant out here then we can stop? >> My supervisor is pulling down the street right now. When you're driving, >> I stopped you for your speed. >> What was my >> You're going to be placed under arrest. >> This is your last chance. Give me your license. >> And come out of the car. >> 41 and a 35. >> Now you're making up a number cuz you got to think about it. You know that, right? >> No, I'm not making up a number. >> Then I want to see the radar then. What? How do you change my speed? >> I have a radar on the front of my vehicle. I stopped you for speed. I've asked for your license numerous times. >> I don't have to. I pick and choose where I stop my cars. Hey, h >> just wait a second. >> Please step out of the vehicle before you escalate this before it gets worse. >> I ask you to cooperate. I've been nothing but cool and collected with you. >> There's no reason. >> This is a lawful stop. >> No, it's not. >> This is a lawful stop. Now, please exit the vehicle and give me your license. >> I'm not doing anything. >> I'm not doing this. I'm not any other. >> Hop out of the car before we break the window. >> Out of the car. >> I'm Corporal with the sheriff's office. What can I do for you? >> Um, Corporal Smith with the sheriff's office. ID number 705. >> Nope. I just got here. Whatever number you made up in the >> Okay. On. Okay. So, >> so before let me just keep going. >> I'm already I'm already I'm This is my house right here. >> Okay. >> I'm already pulled up to my house. >> Okay. >> I'm trying to figure out why he waited all the way from the gas. >> Can I tell you something? That doesn't matter. >> I'm just >> Okay. >> Wait. >> We don't have to stop you in that immediate time frame. So, you're here. What What's the problem? >> I What? >> Did you provide your identification? >> I I need to know a reason for me to give you my ID. I don't have >> cuz this is a lawful traffic stop. >> But for what though? I need to know for so I'm not a captain. I'm a corporal. >> Okay. So at this point I'm now gonna ask you to step out of the vehicle. >> Okay. For what reason? >> For officer safety. >> Okay. Well, that's not a law. >> It actually is. >> No, it's not. >> Yes, it is. I want to tell you the law, please. >> It's case law. >> Please. No, I need to go. >> Okay. So, you have 5 seconds to open this door. >> Okay. So, you guys going to break into my property? >> Yes. and and and >> you can either you can either provide me your identification, >> but what Okay, >> you guys are making a big mistake right now. Lawful suit with this. Okay, >> that's fine. And we can handle that in court and I'll have no problem with that. But >> you guys are training for >> What's your first name? >> Okay, I'll give you my first name. Yeah. >> Okay. My name is Steven with a V. >> Okay. Steven with a V. >> I am now I've already asked you for identification. I'm telling you to provide me with your identification. If you fail to do so, we will break this window and we will remove you from your vehicle. You have 5 seconds. >> Now, you're going to give me a time frame. >> Yes, because how long is How long have you been here on this traffic stop? >> He just pulled. He just pulled over and I'm trying to explain to him. >> Okay. Well, I just drove from 305 and 302, >> sir. He says he saw me at a number. Then he says that he was like, "All right, listen. You were following too close to a motorcycle." Then I >> flappy. Okay. Can I tell you something? That can all be handled in court. If you feel like you're being charged unjustly, but at this point, I'm telling you it's a lawful traffic stop. I'm telling you to provide me with your identification. I'm telling you, I'm giving you a lawful command. If you feel that it's if you're telling me that it's unjust, you can handle that in court. But at this point, I am no longer going to ask, I will remove you from this vehicle. >> You're going to remove me. You're going to kidnap me from my kidnapping. If I listen, listen, we have this on video. If I don't provide my ID, my license, >> yes. >> Will you take me to jail? >> Yes. >> You will take me to jail if I don't provide my license. >> If you don't provide me with identification, >> yes. >> Will you take me to jail? >> Yes. >> Yes. You will take I want to hear you say I will take you to jail. >> Yes. You will go to jail >> if I don't what? >> If you don't provide us with identification. Yes. >> Okay. That's all I need to know. Under the stress. Under the stress, I am providing you my license. Okay. >> That's a threat under arresting me. Okay. >> Sure. >> No. If not, that's that's true. >> Okay. Whatever Whatever you say, that's fine. This is a lawful traffic stop. I need to record. >> All right. So, I need your identification. I'm going to have you step out of the vehicle. You can keep recording. Yes, you are going to step out of the vehicle. >> Okay. >> Hey, nobody's looking in my vehicle, sir. >> Do not roll this window in. >> The exit order is where this escalated. Under Pennsylvania versus Mims 434US106 from 1977, officers may order any driver out of any vehicle during any lawful stop with no additional justification whatsoever. Corporal Smith cited case law when challenged. He was right. Refusing that order is not a constitutional stand. It is a criminal offense. Refusing both the license demand and the exit order triggered Florida statute section 843.02, resisting an officer without violence. The driver argued obstruction requires a physical act. He was wrong on the applicable statute. Resisting without violence requires only that a person oppose an officer in the lawful execution of a legal duty without violence. 15 minutes of deliberate refusal satisfies that standard. The felony charge came from the window. Under Florida statute section 784.07, battery on a law enforcement officer is a thirdderee felony carrying up to 5 years. Florida does not require serious injury. Intentional unconented contact during an arrest is enough. The driver denied rolling the window intentionally. That dispute went unresolved at trial because there was no trial on the force used during extraction. Graham versus Connor 490 US 386 from 1989 requires us to assess reasonleness from the officer's perspective at the moment of the decision. After 15 minutes of refusal, breaking the window and removing the driver physically was within the bounds of that standard. Two procedural notes. Miranda rights were administered promptly when the driver asked, consistent with Miranda versus Arizona, 384 US 436. The vehicle search the driver called illegal, was a lawful inventory check under South Dakota versus Oberman, 428 US 364, which requires no warrant or consent following a lawful arrest and impound. The driver entered a no contest plea to both charges. Adjudication was withheld, meaning no formal conviction, but the conditions are steep. 24 months of probation, $970 in fines, 50 hours of community service, moral recognition therapy, random testing, employment requirements, and a written apology to the officer. One violation, and all of that converts to a felony conviction. >> Do not be reaching in my vehicle. No. Stop. Stop. Stop. STOP. STOP. STOP. >> MY ARM'S STUCK. >> I'm not doing anything. >> Roll the window down. Hey, what the >> I'm not resisting. I'm not giving multiple. >> I'm not resisting. I'm not resisting. >> This is unsetting me right now. You guys draw. >> No, you want to shut my arm in the window. >> You now caught another charge. Good job. >> You guys are I didn't roll up my window. You put your hand all the way down to where the window >> and you rolled up the window. >> I DID NOT TOUCH THE WINDOW. SIR, >> I have it all on video. >> I did not touch you. You put your arm all the way and you slid your arm all the way down. That's not my fault. >> Sit up. Sit up. >> I can't sit up. >> Sit up. >> All I'm doing is shutting your truck off. >> Unbelievable. Guys, >> come on. >> No, it's not unbelievable. >> Yes, it is. >> I gave you 15 minutes to stand up. >> 15 minutes to provide yourself identification. You don't pick and choose how traffic stops work. >> Listen, man. You listen. You don't pick and choose how I do my job. >> Actually, you work for us. For the county that for the people. Okay. >> So, yes, I do. >> Okay. You're under arrest. Okay. >> For what? >> I want to know. For what? >> For resisting what? >> For resisting what? I haven't even resisted anything. >> Obstruction. >> How was your obstructing a physical act? I didn't do anything. >> Okay. Actually, it's not. >> This thing is a physical act. What the [ __ ] are you talking about? >> What are you guys talking about? >> Uh, obstruction is a physical act. I haven't done anything for you to obstruct. >> You obstructed my investigation. license traffic stop. >> Okay. Handled in court. >> No. Okay. Well, I need your I need somebody higher than you, buddy. >> This is unbelievable. I need a captain up here, please. >> We don't have captains. >> You guys don't have captains? >> No, we don't have >> We have commanders and sergeants. >> Okay. I need I need a sergeant or a command. I need somebody higher than you. This is unbelievable. >> No, please. I want I'm respecting someone higher. >> What's unbelievable is that you like to pick and choose how you act. >> And you decided to act like He's facing the car for us. >> What are you talking about? >> I'm asking you I'm telling you. >> I'm asking you to face the car. >> Why do I have to face the car? >> You know what you don't understand is as you're talking you're you're spitting. Okay. And I'm not saying you're intentionally doing it, but your bodily fluids could get on us. I'm asking you not to. Face the car. You can say whatever you want. >> Oh my god, guys. This is unbelievable. >> All for a [ __ ] what? For what? Four miles of over. Are you kidding me, dude? That's what you said. >> You're right. Six. No. Now it's crazy. Now it's 6. >> 41 and 35. >> Now it's 6. >> 41 - 35 is 6. >> I How do you know I was going 41, dude? I want to know. Get in the car. >> Hey, dude. I want to know that. I want I'm telling you right now. Is there anybody cams on? >> Nobody came on. >> Where's the red count? Where's the red count? Where's the red? >> Okay. All right. >> Cuz I'm This is unbelievable. >> You're under arrest for obstruction. >> Obstruction is a physical act. I can't. It's not It's not >> That's not battery. That's No, NOW YOU GUYS ARE MAKING UP CHARGES. ARE YOU You good? >> Yeah. Just see all right here. >> You have your phone? >> Yeah. >> 110 player. [snorts] >> He put his >> Are you settled down? Take a breath. >> Okay. What's your name? I'm >> okay. My name's Nick. >> My last name is >> O. >> H U Z I R. Okay, >> Nick. I'm sorry. >> Okay, I need you to take a breath. You are so amped up. >> Okay, give me one second. One second. You want me You want me to walk over there? You take a breath. I'll come back. >> Just No, no, no. Just >> I want to have a conversation with you. >> I don't know what's going on outside of hearing. I don't know why you got so angry for absolutely no reason. >> Okay. >> I wanted to let you go with a verbal warning and go about my day. >> Reason I was stopping you is for your speed. Like I explained to you numerous times. >> Okay. >> Okay. Hold on. Let me finish. >> I don't have to. First of all, I don't have to explain to you why I stopped you immediately. >> I stopped you for a lawful reason. I requested your license, your registration, and proof of insurance. >> Okay. >> Huh? I finish. I'm being cool with you. You're cool with me. Okay. >> To which you got argumented with me. I don't know what prior experiences you've had with us. Okay. I don't I don't know who you are. Okay. I don't know what I'm walking up to when I walk into a car. I don't know if it's going to be the last day of my life >> or the last day of my life, too. You know what I'm saying? >> Okay. I don't Again, we don't know what's going to happen. Okay. >> You immediately became argumentative with me because I didn't advise you for the reason. >> Hold [clears throat and snorts] on. I'm just going to keep talking. I'll let you speak. I will let you have your piece. Okay. I promise you. >> I observe the violations across Mahogany. Okay. Hold on. I'm just saying I don't I don't I don't >> They're searching my vehicle without my consent and I don't and I don't give it and that's un that's illegal. >> Take your breath. >> I'm just saying >> I'm talking to you right now. >> Okay. >> Are you going to let Are you going to let me speak or you're not going to talk? >> I will. Yes, sir. >> Do you want to speak to There's a supervisor coming. >> I would like if you got to finish what you got to say. >> Okay. >> I explained a reason for stopping you to which you didn't like. You don't have to agree with why I stopped you. That's the reason I'm stopping you. I have a lawful reason for stopping you. That's why I stopped you. Okay. >> Okay. >> At that point, I explained to you the reasons I stopped you. You have to provide me with your license, your registration, and your proof of insurance by law. >> If you refuse like you did, that is called obstruction. The charge is resisting without violence. >> Don't forget about >> Okay. I've asked you I don't know how many times I've asked you. I'm going to watch my body camera and I'm gonna document how many times I've asked you to which you got more angry with me because you didn't agree with the reason for the stop. >> Okay. You mind if I talk real quick? >> Go ahead. >> But you go ahead. I would have listen. I'm very cool, dude. And I know I wasn't showing right. But listen, but listen. But all I asked all I asked was a simple question. Can I answer that? >> I answered your questions and you didn't like my answer. That's that's that's the fact. >> Okay. But okay. When you first came up to me and I asked you what is the stop? >> I don't have to explain it to you right there. >> But and I did. I still did. >> No, you didn't. >> I did. I did. I told you why I stopped you. And then you didn't like my answer. And you said that wasn't a reason I can stop you. >> No, I did not say that was not a reason. >> And you then you started complaining that I didn't stop you on mahogany. >> I said that you're stopping me over here when I if I committed a infraction or anything like that. I did that over down there. You're stopping me a whole two streets over. That's what I was saying. How are you going to stop me? >> Hold on. Let me ask you. I'm going to tell you another thing. I get you don't you may not agree with the the area I stopped you in which is your opinion because look if you look if you look right there I get this is my >> I get to pick and choose where I do my traffic stops now >> I observed the infraction I had I had a traffic infraction to stop your vehicle >> so >> I enforced it so >> where I enforced it down the street >> so let's just say for an example okay hypothetically we're speaking okay >> hypothetically speaking okay before you keep talking. >> Are you going to bring me my Miranda rights? >> I am going to read you your rights cuz I don't want you to say anything that's going to incriminate you without inventory. >> So, I am being arrested right now. >> You're under arrest. >> Without a doubt, you are under arrest. >> And what is the arrest for? >> Obstruction. >> Okay. But you Okay. You have to Obstruction is a physical. >> You clearly don't know the law. >> No, no, no. You have to >> I'm going to real quick. That's No, that's not If you refuse to provide your identification to me on a traffic stop, >> that's it's called resisting without violence. >> You have the right to insign on anything you say. Maybe use evidence against you. You have the right to talk to an attorney. Have him in prison or any time during questioning. Now, the foreign attorney will be appointed to represent you. If anytime you wish to stop talking, you have your attorney present. All questioning will be stopped to your request. Do you understand your rights? >> What's your first name? >> I already gave it to you. >> I don't have your ID. I don't know who you are. >> Somebody else has it. I haven't talked to them yet. I don't know your name. My name's Nick. I would like to know yours. >> Dude, this is unbelievable on >> Are you going to tell me your name or no? >> Bro, they You guys have my license. >> I don't have it on me. That other supervisor has it has it right there. >> You can't just tell me your name and conversation. >> Do you want me to help you? >> Um any perishable stuff we'll give to her. >> They didn't find anything, right? What? What did they find? Oh, you can't tell me, can you? >> What you mean? >> In the vehicle. Nothing. Thank God. Cuz I don't know. It's not. So, I was nervous. You guys were searching. I was freaking out. >> Doing an inventory. It's not a search. We're looking for anything of value to make sure we document. >> So, mad. So >> that's why I was watching >> there. I mean, there is like prescription pills, but I don't know who it's to. But obviously it's not a Oh, you're mine. >> Oh, is it my colder med? Yeah, fail sick >> for my cold sore. She's so kind. I ran out of mine. Yes. It's not It's legal, so it's over the counter herpes virus. [snorts] >> All right. So, real quick, take a glove off just cuz I don't want you touching the gloves. Just Just for documentation purpose. It's on video, but I want you to feel right here. Like you can feel the welt >> on my arm. Okay. >> Yeah. >> So, all right. Um, >> nothing of value. >> The vehicle. You can keep recording. Yes, you are going to step out of the vehicle. >> Hey. Hey, don't be reaching in my vehicle, sir. >> Do not roll this window. >> Hey, sir. Do not be reaching in my vehicle. No. Stop. Stop. Stop. STOP. STOP. STOP. STOP. >> MY ARM'S STUCK. I'M NOT DOING ANYTHING. >> Roll the window down. >> Hey, what the >> I'm not resisting. I'M NOT RESISTING. >> I'M NOT RESISTING. I'm not resisting. >> This is Are you guys sitting me right now? You guys tons of commands. Get out of the car window. >> You guys are in charge. Good job. >> You guys are [music] >> now grades. The initial deputy gets a B minus. The stop was lawful. The reason was stated. Composure was maintained. But repeating the same request verbatim for 5 minutes without adapting is not good communication. A different approach in the first 2 minutes might have ended this as a verbal warning. Corporal Smith gets a B+. He arrived, changed the tone immediately, addressed the driver by name, explained the law clearly, and administered Miranda rights without hesitation. His use of force escalation was measured and lawful. He was not there early enough to prevent the confrontation, but once he arrived, his conduct was professional throughout. The driver gets a C. He was not unlawfully stopped. He was not denied any constitutional right. He was offered a verbal warning and turned it into a felony. His legal theory that he could withhold his license until he approved of the reason for the stop has no basis in Florida law. And every minute he held that position made his outcome worse. The department gets a B minus. Officers acted within legal authority throughout. The one flag is the onseen statement that no body cameras were on during an active arrest. If accurate, that is a policy compliance issue that needs an answer. Before closing, five things this case teaches. Each one straightforward. One, Florida statute section 322.15 is unconditional. You display your license when asked. Disagreeing with the reason for the stop does not pause that obligation. Two, Pennsylvania versus Mims means officers can order you out of your vehicle at any lawful stop. Period. Refusing that order is a crime. Three, the location of a stop does not determine its legality. What matters is whether the violation was observed, not where the stop was executed. Four, resisting without violence under Florida Statute Section 843.02 requires no physical act. Verbal refusal sustained over time is enough. Five, comply first, challenge in court second. That is how a speeding ticket stays a speeding ticket. This case is what happens when that order is reversed. Subscribe to our channel for more legal breakdowns of police encounters. 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