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Listen, I don't know what your name is right now, but here's the thing. You're about to walk yourself into handcuffs right now for impeding my investigation. I am working a car crash right now. >> I'm not impeding anything. >> You are. You're not giving me your name right now. You're interfering with my investigation. I'm working a car crash. Whenever the other unit gets here and I get to investigate this a little bit more because if that's property damage, which belongs to the city of Lakeland, >> right, >> I need your name >> to do a traffic crash report. >> Mhm. If this is your vehicle or your parents' vehicle, guess what? A crash report has to be done because of this damage right here. >> Mhm. >> Guess what? You're a driver. >> These fine gentlemen here helped you out of the vehicle. Unless you had a passenger. Do you have a passenger by any chance? >> I don't. >> Okay. So, you're the only person in the vehicle >> that they helped you out of, right? >> You're the only person in here. >> Mhm. >> You're driving this vehicle. >> Yes. You're in a crash with possible property damage right there in your vehicle. I need your name. We don't even know where your stuff is at right now. We will worry about that later. That's okay. But I need your driver's license. If I can't find your driver's license, guess what works best for a second option? Your name. >> I hope you look >> So what is your name? >> I hope you look for my driver's license. >> No. What is your name? This is the last warning I'm giving to you and then I'm going to put you in handcuffs 100%. >> Okay. >> So, what is your name? >> I'll help you look for my neighbor. >> All right. We're not playing this. >> On March 2nd, 20 24 in Lakeland, Florida, a young woman's car flipped, rolled, and came to rest upside down in a ditch. She walked away from it. What she could not walk away from was what happened next. >> Everybody all right? >> Yeah. She was a gardener. We're just people that helped. We were uh we were out here working getting ready to pack up and head to the next spot and heard a bang. I'm assuming it was the car hitting the curb over here cuz a wheel is on the other side of the road. And um then we ran over, got to the other side of the sign where we could actually see cuz we're over here in the turn lane. She's flipping through the air and landed in the ditch. He stopped to help out, too. >> Okay. She inside the vehicle at all? >> Yeah. No, she We had to We couldn't hear her at first, but >> like the driver's seat and stuff. >> Uh I I don't know what side. All I know I just dragged her out sideway came out on. >> Okay. >> The other tires right there across the street. >> Let's start with the law that sits at the center of this whole encounter. Florida statute 316.066 066 is not a suggestion. That statute states that any driver involved in a crash resulting in injury or property damage is required to provide their name, date, a birth, and driver's license to the investigating officer. Not if they feel like it, not after they find their wallet. Required. And when a driver refuses, Florida statute 843.02 kicks in. That statute covers resisting, obstructing, or opposing an officer in the lawful execution of a legal duty without physical violence. That is a first-degree misdemeanor under Florida law. Now, here is where pe people get confused, and it is an important distinction. The fifth amendment protects you from being compelled to testify against yourself, but giving your name is not testimony. The United States Supreme Court settled this in Hayabil versus 6th Judicial District Court of Nevada decided in 2004. The court held 5 to four that a state's stop and identify requirement does not violate the fifth amendment. Your name is not incriminating in itself. You do not have a constitutional right to withhold your name from an officer working a crash scene. That is settled law and it applies directly to what happened in this footage. Florida statute 316.062 imposes a separate affirmative duty on every driver involved in a crash. Stop. Cooperate with law enforcement. These are not courtesies. They are illegal obligations. Refusing to identify yourself is active obstruction of a mandated process. You all right, ma'am? >> I'm sure you >> everything all right? >> Um, your car is upside down. >> It is. >> Positive you're all right? >> You positive you're all right? >> Okay. Where's uh home? >> Um, you want me to listen to you? >> What's that? >> Do you want me to listen to you? They want me to listen to you. >> Listed to you? >> Yeah. >> So, what happened? >> I'm free to go. >> Uh, just bear with me real quick. All right. So, what happened? >> I wish I could tell you. I'm not too sure. You're not too sure. Well, which way were you coming from? >> Um, Lakeland. >> Yes, we're in Lakeland. >> Mhm. >> To Tampa. >> Okay. Well, I'll break it down a little bit more. Which way were you coming from? >> I just was little. Is that not in Bridgewater? This is Bridgewater. >> Um >> the subdivision one that's behind you way in Bridgewater or No. >> Okay. And that's where you live, right? >> Okay. So somehow you got to here. >> Yes. >> All right. So on the roadway, which way were you going? Do you remember? >> I was going home. >> Okay. Were you going this way or that way? >> Huh? >> That way. >> You're going that way. >> Mhm. So, you said you were going this way. >> I was going that way. >> Going that way. >> Okay. So, you're going that way. Something happened and you ended up over here. >> Unfortunately, yes. >> Okay. Do you know why this happened or what? >> I don't. >> You don't know? No. Do you have your driver's license on you by any chance or know where it's at or? >> I don't know where it's at. >> You don't know where it's at? >> Okay. Where's in your pocket? Okay. And it's Are you from California? >> I am. >> Okay. Copy. >> Okay. Then you don't need medical or anything like that. >> I'm okay. >> You're okay. Figure out all the stuff that's here. And you don't know where your driver's license is going to be at. >> Um, it was in my pocket. >> It was in your pocket. >> It was in my pocket. Yes. >> Okay. >> Could you help me out? >> Yeah. What's going on? >> A lot. >> Okay. So, you said it was in your pocket. It's probably inside the vehicle somewhere. We'll figure that out when we get to that part. >> Okay. But again, you don't need medical or anything like that cuz you have airbag deployment. >> The vehicle rolled over. I'm assuming you're wearing your seatelt cuz you're intact, which is great. >> Okay. Is your purse in there? >> What was that? >> Is your purse in there? >> Uh, just my wallet. That's all I have. >> 26. So, what is your name? >> I'm going to >> Huh? What's your name? I kind of need your name cuz I'm working a crash. >> Do you? >> 100% I do. >> Mhm. This is a vehicle crash. So, what's your name? I kind of need your name. You're involved in the vehicle crash. I have to work a vehicle crash. >> Where's the other car? >> The other car? >> Mhm. >> What other car >> that I crash with? >> What other car did you crash with? >> You said there was a crash. >> Yes. You rolled your vehicle over. This is a vehicle crash. >> Mhm. >> Yes. >> Did you hit that by any chance? Not sure. >> 264. There's another tenant unit. Maybe a 51. So if you hit that cuz I seeing that's probably your wheel that's over there. Uh yeah. Now there's property damage. So yeah, it's 100% a crash. So I need a new name. >> Okay. Can we >> You also don't have your driver's license and I need that cuz I'm working a crash. >> No. Yeah, I have my driver license. >> It fell out of my pocket. >> Okay. So, because you don't have your driver's license right now, I'm just asking for your name. What's your name? >> Can we find my driver license? >> No, you you're giving me your name. This isn't how this is going. I'm working a vehicle crash. Okay. So, I need your name, where you live at, your date of birth, everything. >> Can we find my daughter? >> That's not how this works. I am working a crash investigation right now. I need your name. >> No. Yeah, I understand. >> Your date of birth. >> Mhm. >> And where you live at? >> I 100% need that right now. >> Can we put my driver's license first? >> No, we're not. What is your name? >> I thought you were helping out. >> I am. And right now, I need your name. >> Mhm. >> Because we have to know where your driver's license is at right now. So, I just need your name for it. >> No, we're not. So, what is your name? >> Can we look for it? >> Ma'am, listen. I don't know what your name is right now, but here's the thing. You're about to walk yourself in handcuffs right now for impeding my investigation. I am working a car crash right now. I'm >> not impeding anything. >> You are. You're not giving me your name right now. You're interfering with my investigation. I'm working a car crash. Whenever the other unit gets here and I get to investigate this a little bit more because if that's property damage, which belongs to the city of Lakeland, >> right, >> I need your name >> to do a traffic crash report. >> Mhm. If this is your vehicle or your parents' vehicle, guess what? A crash report has to be done because of this damage right here. >> Mhm. >> Guess what? You're a driver. >> These fine gentlemen here helped you out of the vehicle. Unless you had a passenger. Do you have a passenger here by any chance? >> I don't. >> Okay. So, you're the only person in the vehicle >> that they helped you out of, right? >> You're the only person in here. >> Mhm. >> You're driving this vehicle. >> Yes. You're in a crash with possible property damage right there and your vehicle. I need your name. We don't even know where your stuff is at right now. We will worry about that later. That's okay. But I need your driver's license. If I can't find your driver's license, guess what works best for a second option? Your name. >> I hope you look >> So what is your name? >> I hope you look for my driver's license. >> No. What is your name? This is the last warning I'm giving you and then I'm going to put you in handcuffs 100%. >> Okay. >> So, what is your name? >> I'll help you look for my name. >> All right. We're not playing this. >> You want to play trans back. >> We're not playing this on 105. One time 89. You're not playing this, ma'am. I've given you every single opportunity for you to give me your name. You're not giving me your name. I have to work a vehicle crash right now. You're being charged with resisting without violence for impeding my investigation. Don't come this way with me. Please. >> We're not playing this. >> Did you hit your head at all? >> I did. >> And you're wearing your seat belt, correct? Do you have any medical complaints right now? >> Yes or no? >> No. >> Okay. Can you please have a seat for me? >> Now, let's talk about the DUI layer. The officer noted detection of ethanol odor, what law enforcement refers to as EOH, during his interaction with the subject. Under Florida statute 316193, a person commits driving under the influence when they operate a vehicle while their normal faculties are impaired by alcohol. When property damage results, the charge is elevated. The physical evidence at the scene, a single vehicle rollover, an extensive debris field, a separated wheel, and a damaged traffic control pole belonging to the city of Lakeland is consistent with the kind of loss of vehicle control associated with impairment. The arrest and the DUI charge are legally grounded. Did she hit that over there too? >> Oh [ __ ] I think what happened was you can see it. >> Yeah, you can see the the tracking. I show you. >> Yeah, I don't have nothing in it right now. >> We got yellow. I don't know what it is, but every time I'm working a crash or doing something, all the traffic decay >> the door skin still laying right there at the base of it. >> Just an observation, the the crease that's folded into the door frame is horizontal. So, she hit it already in the air. So what >> if she if she would have hit the pole like on four wheels, the crease would be going up and down. >> Yeah. No, she >> So do you think maybe she started over there and flipped over the curb down there? >> Cuz this is the window right here. >> This is the window cut out. >> She hit it already up in the air. >> That's what we heard. >> That explains the rules and all that. Hey, um, for the guys that helped her out, can I just get your information? Like, if you have a driver's license or something like that? >> Yeah. >> Hey, so you guys helped her out of the actual vehicle? >> She honestly, we were standing, we were talking to her on this side of the vehicle and she was saying something and then all we saw was the car start just rocking a little bit. We went to the other side of the car and she literally started crawling out. So, we just was sticking out under the airbag. She was from the driver's side. >> Yeah, I guess the driver's side. She was talking to us when we first got out here cuz like obviously she's scared as well. >> I I get that. >> She was like, "I'm in the I'm in the Air Force." Blah blah blah blah blah. She was like, "I'm just scared. I'm just scared." >> I She was like, "My car is going to be fine." I was like, "Your car is not me." >> So, she's talking to you normally. >> She was like, she was perfectly fine. But then she when the there was a nurse lady here, she already left. I think right before you pulled in, the nurse lady was talking to her and she just >> closed off. >> Yeah. >> I don't know if this the right if this a real word or not, but she was talking very like pleading, I guess you could say. Like just please. You're still doing okay. All right. I'm I'm going to have EMS check you out regardless cuz I want to make sure you didn't have any like concussions or anything like that. So, I figured out where you're coming from. You're actually coming from that side. But then you hit that, which is what caused him to hear that, and then somehow the rollover happened, and then you end up over here. So, you're going to tell me your name. We're under arrest right now. Well, we know that for the resistance, cuz you're not providing me your name, right? I'm going to get a fingerprint reader here and I'm going to put your finger on that fingerprint reader and I'm going to find your name. >> Okay. >> Okay. So, there's that ahead of time. So, the other thing is, are you medically okay? >> Did you hit your head or anything like that? >> I'm okay. >> Do you feel concussed? >> I'm okay. >> Now, they're coming here to check you out. You're talking to me pretty normal. You seem fine and all that stuff like that, but I just want to make sure you're not concussed. You You don't have different pupil sizes. There's no bruising underneath your eyes. That's a good sign. Okay. Um I still have to check that out. Make sure you're good to go. >> Okay. >> All right. If if you want to shoot them away or whatever, that's fine. But I need their medical judgment to make sure you're good to go. >> And then I will proceed from there. >> Is there anything in that vehicle I got to be worried about? >> Well, it's getting towed, so I have to I have to inventory it. So, is there going to be anything in that vehicle I got to be worried about? No. I'll see if I can find your driver's license. >> Anything like that? Okay. Is the vehicle registered to you? >> It is. >> It is. Okay. >> Who's Charlie? I'm Charlie. Like her panel's still over there. The door panel is still over there. Let's smack this. Mhm. Oh, she is in the Air Force. her shoot. >> Yeah, she's in the Air Force. >> Yeah, >> that hurts. >> Yeah. Yeah, it could be. I mean, it's tiny. >> Can we get that? We got so much more left. Do your thing. You're good. That's one of your stuff. You guys are good. I appreciate it. She's smacked that cuz her door panel's still over there. >> U rollover happens and then final rest happens over here. She isn't complaining of any head injury. She was seat belted in. There's full airbag deployment. >> She crawled out. I shall make sure she's not concussed and she's fine. I can smell eto as well. I do not have a name or anything and that's why she's under arrest with me. >> She's alert and oriented times three planning no injury. So if anything changes obviously calls back she doesn't say she's not hurt. So >> okay. >> All right. Yep. You guys are experts. >> Is your name Rosa? figure it out. >> What's your date of birth? >> I also see the Air Force utility. I was in the Marine Corps. >> Mhm. >> Okay. All right, Rosa. You have the right to remain silent. Do you understand? Neighbors now for each and every one of these. and these rights to you to talk to me. No. Okay. So, um I understand you don't want to talk to me. There are some things I do need to know. >> Is your name Rosa? >> Yes. >> Okay. Did you just get out of the Air Force? >> I just joined. >> Oh, you just joined? Okay. What's your MOS? I'm assuming that I'm assuming the Air Force still has MOS's. They don't call us something different. >> AFSC. >> What's that? AFSE? What is that? >> Like air traffic control. Like what is that? >> Our jobs. >> Okay. So, well, and like Marine Corps, Army, they call it MOS. So, what is your job? I don't know Air Force rank too much, but your name's on it and see what's Air Force, so I can look it up. I have Air Force buddies. I'm just asking >> like you're currently in the Air Force right now, right? Like you're actively in like you have a CAT card and everything like like in in the Air Force like you've been sworn in, you've taken an oath like you've already went through I guess the airman training and all that stuff like that. >> You have a CAT card. Do you have a duty station yet? This is actually important stuff that I do need to know. >> Is it? Yes. Because if you're active duty right now and you're on leave, I have to let your chain of command know what has happened to you. >> Mhm. >> I was once in the military. If something hap Yeah. I'm a Marine. >> Okay. All >> right. If something happens to you, if you're on leave or if you're on a 72 or a 92, whatever extended time it is, your chain of command has to know what has happened to you. Are you in the Air Force active duty right now or are you reserved? >> What is it? >> How am I going to know you? You know you the best. >> What? >> Yes. >> So, are you active duty right now or no? This isn't going away. This isn't making anything anything easier. This isn't helping your case right now. Are you active duty? Yes or no? It's the logistical part. Seriously, if you're active duty right now, your chain of command's got to know like you're all right and like everything's okay. Cuz for example, you don't have a car right now. If you're stationed like let's say out in Texas, how are you going to get back to Texas? >> That's a good question. >> You know, how are you going to be okay and not marked as a wall? >> Mhm. >> They have to be notified, >> right? >> You see what I'm saying? That's if you're active duty. if you're no longer active duty, which you told me you just joined, which means you're either on leave cuz I don't know of any air force bases besides McDill. >> Mhm. >> Unless you're stationed at a McDill >> or it's out of state, right? >> Mhm. >> You have any medical issues whatsoever? >> Okay. >> Like, do you have diabetes or epilepsy? >> Okay, we'll get to that point. Do you have diabetes or epilepsy? >> Um, not that I know of. >> Neither of it. Do you have any weird allergies? >> Not that I'm aware of. >> Any like life-saving medication that you need by any chance like rescue inhaler or anything like that? >> Not that I'm aware of. >> You have like no medical issues that I have to be worried about? >> It's not the medical issue I'm talking about. I'll get you to a a rescue. I'm not worried about that. Okay. >> Okay. But no medical stuff, right? Okay. You're born in 98, so you're young and healthy. >> I suppose. >> Okay. Any contacts or glasses? >> Um, I'm getting glasses soon. >> You're okay. So, but you're not prescribing right now or anything like that? >> Um, if I'm getting them soon, they're prescribed. Yes. >> Well, if you're wearing if you're getting glasses prescribed, are you wearing contacts now? >> No, not right now. But I'm getting soon. >> Okay. >> Okay. Um I'm working this detail. I guess I'm no longer working this detail since um >> whenever the record gets here and they flip it up, right? We're able to get inside there. If you can find a >> a wallet or anything like that identification. >> Absolutely. That is that I will be back. I'm going to go. Um, you have a phone in there. >> If so, we'll try to find it. All right. I'm going to go to the station. The officer here receives a B+. He identified the applicable statute immediately, communicated the legal obligation clearly, and issued multiple explicit warnings before making the arrest. He offered a verbal alternative when the physical license could not be located. And he arranged EMS evaluation even after the subject declined it. He also correctly flagged the service member's Civil Relief Act notification obligation, recognizing that active duty military personnel involved in an incident while on leave require chain of command notification. That is a detail most officers would overlook. where he where he loses half a grade is the Miranda adisement which appeared incomplete on the audio record and the extended post-arrest conversation about military logistics which approached the line between administrative notice and custodial questioning. The subject receives a C+. She was cooperative on medical questions she did not physically resist and she ultimately confirmed her name after Miranda was read. Those are positives. But her sustained refusal to identify herself during a mandatory crash investigation was not a constitutional right she possessed in this context. Her attempt to negotiate the sequence of law enforcement procedure, insisting the officer locate her license before she would cooperate verbally reflects a fundamental misunderstanding of investigative authority. Her inability to recall her direction of travel and her behavioral shift away from bystanders are also consistent with field impairment indicators which compounded the legal exposure she was already creating. There are five things this encounter teaches and they are worth internalizing before you are ever in a situation where they matter. First, if you are involved in a crash in Florida, you are legally required to identify yourself the moment law enforcement arrives. Florida Statute 316.066 gives you no opt out. Second, the Fifth Amendment does not shield you from stating your name during a lawful crash investigation. Hayabal versus Nevada 2004 is the controlling authority. That argument will not hold up. Third, refusing to cooperate with a crash investigation is a firstderee misdemeanor under Florida statute 843.02. An avoidable arrest becomes a permanent criminal record. Fourth, if you are active duty military and involved in any law enforcement incident while on leave or on a pass, your chain of command has a legal right to be notified. That process exists to protect you from being flagged as absent without leave. Fifth, after any airbag deployment, EMS evaluation is not something to wave lightly. Traumatic brain injury can present with a delay of hours. Walking away from a rollover does not mean you are uninjured. If there is a legal interaction or a use of force case you would like us to break down, drop it in the comments. if this analysis was useful and subscribe to our channel.
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