Okay. So, as of right now, ma'am, >> behind your back. >> Okay. You're being detained. >> Okay. >> Potentially driving under the influence. >> Okay. >> Are you for real? >> Yes. >> Oh my god, you guys are bored. >> Do you consent to a search of your vehicle? >> Uh, no, I do not. >> Absolutely not. All right. Cuz whatever you covered under that blanket, >> it doesn't matter. I don't consent. >> It's okay. >> Two boxes of sensors. >> I I can jump up in here if you undo your house. >> No. >> Ready? >> No, I can't undo this. >> Undo what? >> This thing. Like I'm not like some hardened criminal. >> Nope. Every by policy everybody is >> Okay. Well, you know, >> you can throw me in there, I guess. Like >> how about we do this? I was trying to be >> Okay. Okay. >> This is nice. >> This is nice. >> What are you talking about? >> What do you have in this pocket right there? >> My keys to my car. >> Okay. May I go in there and put them on top of the vehicle while you sit in my patrol vehicle? >> No, you can take this off. >> Officer, >> you can take this off. >> Yeah, >> you can take Do we have a female officer down south? >> Yeah, exactly. You can take this off of me. >> I'm not a hardened criminal. >> Face the vehicle. Face the vehicle. >> You face the >> face the vehicle, >> you mother. >> What are you talking about? Take these off of me. >> This is crazy. >> Yeah, those are cut waters. Alcoholic >> beer. DJ call. >> I told you you're not allowed to go into my car. >> It's in plain view, ma'am. On June 8th, 2025, in Indian River County, Florida, a traffic stop for failing to maintain a single lane turned into a DUI arrest and a felony charge of resisting an officer with violence. Florida Statute 31689 requires a driver to maintain a single lane when it is practicable to do so. One observed lane departure is sufficient to establish reasonable suspicion and initiate a lawful traffic stop. SL's going to be to the park. >> Hello. >> Hey. What's up, bud? >> How you doing? >> Good. >> My name is Deputy Slayer with the Ender County Sheriff's Office. >> Okay. >> The reason why you're being pulled over today is because you're failing to maintain your lane. >> Oh, I apologize. >> So, what's going on? >> Uh gosh, I just left my dad's house. >> Final stop's going to be past Oslo Road by the Walgreens parking lot. Um, >> you just left what? >> My father's house. He just got out of the hospital. Sorry, >> my sister's calling me. Sorry. >> Uhhuh. >> Hey, bud. I just got pulled over. I'm trying to tell him that our dad just got out of the hospital. >> Are you okay? >> Um, yeah. Let me deal with this and I'll call you right back. I love you. >> How are you? >> Yeah. No, on US1. I'll call you right back, my love. All right. I'm good. It's all good. Okay. Sorry. Um, so my dad just got out of the hospital. Um, I don't live here. I'm not from here, so that's probably why I was like I'm trying to like look at my sister's location, that type of thing. >> Do you have your license or registration insurance? Yeah, absolutely. >> Um, do >> you have any weapons or anything in the vehicle I should know about? Just a question. >> Uh, no, it's a rental car. >> No. Um, I live in Utah. >> Okay. >> So, no. Um, let's see. Uh, you know, I could probably pull up it on my phone quicker. >> Pull what up on your phone? >> My ID. Okay. Ready to look at. >> Where you coming from? >> Um, Sebastian where my dad is. He's in the hospital there. >> So, I'm just driving down to Port St. Lucy to my sister's house. >> So, you're coming from where in Sebastian? The uh >> uh the hospital. >> The Sebastian Hospital up there by Ros. Okay. >> Yeah. All right. This is it. I live in Chicago. >> Can I have your phone? >> Yeah, of course. Yeah. I'm down here just trying to get my dad sorted out. >> So, It's kind of been a nightmare. >> So, do you have like the >> No, this is a rental car. So, >> I mean, I have insurance like with my Chicago stuff or whatever, but >> what's your name? >> Heather. >> All right. There's your phone back. >> Okay. Thank you. Appreciate it. Okay, ma'am. Ma'am. >> Okay. Can I ask you a question? Have you been drinking today? >> Um, no. >> Okay. So, I can see that you have like watery red eyes. Okay. >> Oh, I've been crying a lot because my dad >> I understand that. Just Just listen to what I'm telling you. >> Yeah, absolutely. Okay. >> You have watery >> um red eyes. >> Mhm. You failed to maintain a lane. Okay. So, let's let's talk let's talk outside cuz we all lock the door, please. >> Oh, sure. >> Take your seat belt off. >> Yeah. >> Let's just step out here. >> Okay. Uh, what's going on? >> Just step in the back of the vehicle. It's okay. >> Okay. Okay. >> Yeah. What's up? >> All right. Just stand right here. Okay. >> Okay. >> So, I have reason to believe that you could potentially get Okay. >> That I could be what? >> Oh, okay. >> Okay. >> Okay. >> So, >> over here, too. >> Oh, okay. >> No, it's okay. Just just I'm I'm talking to you. Okay. Okay. >> So, >> I've concluded my traffic stop. Okay. >> So, now I'm going to do a DUI investigation. Okay. >> Okay. >> So, before I do that, I am going to read you your rights so that you understand what they are. Okay. You have the right to remain silent. You understand each of these rights to explain to you. >> No. Okay. You have the right to remain silent. Do you understand what that means? >> I do. >> Okay. >> Before question, do you understand what that means? >> Um, yeah. I guess I'm confused. What's happening? Try. Okay. Okay. If you cannot afford to hire a lawyer, one will be one will be appointed to represent you before questioning. Do you understand what that means? >> Yes, I understand. >> If you decide to answer questions now without a lawyer present, you still have the right to stop answering at any time and speak with the lawyer. >> I will stop talking. >> Do you understand each of these rights I've explained to you? >> I I will have a lawyer. >> Do you understand each of these rights I've explained to you? No, I don't because this is the like weird >> ma'am. These are just your rights. They they're basic Miranda rights that every citizen >> Uhhuh. >> in the US has. >> So, I'm reading them to you and I want to make sure that you understand them before I speak with you. That is that is what's going on right now. Okay. >> Okay. >> You understand? >> No, I don't. >> What don't you understand? So, I may explain it to you. >> Um, I don't understand what you guys are doing. >> Okay. I I I'm explaining that to you. Oh, I have no idea. >> I I I literally told you that I' I've concluded my traffic stop and I am trying to conduct a DUI investigation. >> Okay. >> Okay. So, before I conduct my DUI investigation, I'm going to read you what your rights are. >> Okay. >> Okay. Because at any given time, you may stop speaking when being asked questions. Do you understand that? >> I am not sure. No. >> What are you unsure of? >> What you guys are doing? I just >> He explained them to you twice today. >> What are you doing? What are you doing? >> I'm back. I'm his backup officer. >> What is this? Like, are you kidding me? >> He's conducting a DUI investigation. Ma'am, you understand that, right? >> Yeah, I understand. >> So, he's trying to read you Miranda warnings so that way you understand your rights. >> So, okay. >> That's that's I feel like my rights are being um taken advantage of. >> How how so? I'm I'm giving you your rights so that you understand what they are. I'm reading them to you. >> Okay. So, uh, what's >> I'm letting you know where your rights are. How am I doing right now? What are you guys doing? Investigation. >> Okay. Investigation going on. >> You've been told four times. >> I understand that. >> Okay. Yes. And >> Okay. So, >> and you have rights like you said. So, I'm reading them to you. >> What uh what is the end of your investigation? >> Okay. So, what I'm asking is if you understand your rights that I've read to you about here. >> Okay. Yes. So, if you understand >> Yeah. >> Okay. Okay. You understand what I read to you? Okay. >> Uh, no, I don't. >> We're going to start over. Okay. You have the right to remain silent. Do you understand what that means? >> No. >> Yes. Okay. Anything you say can will be used against you in the court of law. Do you understand what that means? >> No. >> Why not? So, basically, anything that you say after you agree to if you agree to speak with me after I read you your Miranda rights, okay, is admissible in a court of law. That's what that means. >> Okay. Okay, >> you have the right to talk to a lawyer and have a lawyer present with you while you are being questioned. Right. So after this, if you decide that you do not want to be questioned, right? >> Mhm. >> You may say that. >> Okay. >> You may plead. Okay. That's that's what that means. Okay. >> Okay. >> If you cannot afford to hire a lawyer, one will be appointed to represent you before questioning. You understand what that means? I don't I don't understand that. >> So So in the case, right, >> that you get arrested that >> I don't think there's any reason for me to be arrested. >> Listen to what I'm saying. I said in the case that you do get arrested or that you're being investigated or that you're being asked questions. >> I'm fine. >> Can you are you going to let me explain it to you because you don't understand that I'm trying to explain it to you, right? Okay. >> Okay. Okay. In the case that you are being questioned >> Okay. for anything that has been alleged. >> You, okay, >> have the right to have a lawyer present with you while you are being >> Well, I'll worry about that if that comes, >> but I want to make sure that you understand that. >> Okay. >> Nope, I don't understand that. >> I just explained it to you. >> Okay. Well, I will deal with that if that >> ma'am, we will sit here all day until you understand. >> I don't. >> Okay. >> I just want to go to my sister's house. understand that. But right now, what I'm doing is I'm conducting a DUI investigation. If you become a cooperative >> and you deny, I am going to have to go based on what I have so far. >> Okay. >> Okay. So, >> I feel like you guys have like better things to get after. >> Oh, now we doing our job >> other than me. Like I am I'm literally not like what you guys have done. >> Um I don't know. Like I you just like case up people. It's all good. Like whatever you have to do. >> Just case up people. I have no idea what you're talking about, ma'am. Okay. Listen. Um I'm going to read you these rights, okay? And if you choose not to answer me, I'm going to take that as you're invoking your fifth amendment. Right. Okay. And then I'll go from there. Does that make sense to you? Okay. I'm going to attempt this one more time from the top. Okay. You have the right to remain silent. question. >> Do you understand each of these steps I've explained to you? It's a yes or no question. >> No. >> Okay. Having these rights in mind, do you wish to speak with me now? >> No. >> So, she hasn't vote. Okay. So, as of right now, ma'am, I'm going to ask you question. Okay. You're being detained. >> Okay. >> Potentially driving under the influence. >> Okay. Are you for real? Yes. >> Oh my god, you guys are bored. >> Do you consent to a search of your vehicle? >> Uh, no, I do not. >> Absolutely not. >> Right. Cuz whatever you covered under that blanket, >> it doesn't matter. >> I don't consent. >> It's okay. Two boxes of six. >> I I can jump up in here if you undo this. Any help? >> No. >> Ready? >> No, I can't undo this. >> Undo what? >> This thing. Like I'm not like some hardened criminal. >> Nope. Every by policy everybody is >> Okay. Well, you know, >> you can throw me in there, I guess. >> Like, how about we do this? I was trying to be >> Okay. >> Okay. >> This is nice. >> This is nice. >> What are you talking about? >> We have in this pocket right there. my keys to my car. >> Okay. May I go in there and put them on top of the vehicle while you sit in my patrol vehicle? >> No, you can take this off. >> You can take this off. >> You can take >> Do we have a female officer downtown? >> Yeah, exactly. You can take this off of me. >> I'm not a hardened criminal. >> Face the vehicle. Face the vehicle. You face the >> face the vehicle, >> you mother. >> What are you talking about? Take these off of me. This is crazy. >> Yeah, those are cut waters. Those are alcoholic beverage. >> I told you you're not allowed to go into my car. >> It's in plain view. Ma'am, >> can you take this off of me? I'm not like some >> No. Everybody per policy. Everybody that's being detained or under arrest is placed in cuffs. Okay, I'm sorry. >> You are a loser piece of Do you know that? >> Oh my god. You guys like didn't get a college degree and thought this was like a fun thing for you guys to do like as a career off both of you. Like this is absolutely ridiculous. >> You invoked the right so >> yeah. Take these off of me. I'm not going to attack you or do anything. >> Nope. >> I would hope not. >> Of course I won't. You're so stupid. Are you kidding me? >> Ma'am, face the vehicle. >> You'll face the vehicle. >> What do you think I'm doing? >> You kidding? Are you both kidding me? Like, >> we're doing our job, ma'am. >> You little losers. Like, oh my god. Like, I hate it for both of you. like you like played video games like for fun your whole life and you are a first generation immigrant. Like both of you. Oh my god. Like I hate it for both of you honestly. Like this is absolutely ridiculous. I hate it for you guys. I'm so sorry. A I'm sorry. Your parents barely speak English and you're from Cuba or Puerto Rico. You just like grew up playing video games or whatever. >> You're like breathing hard like what the >> Jesus Christ. You guys are like >> you guys are next level. >> And you hang out together. Oh my god. Like too too much too much. Like, oh my god. Like, are you kidding me, bro? Like, what video games did you play growing up? >> Like, you're absolutely out of control, bro. >> Okay. So, you know what? [ __ ] to the rest. I'm just going to do it. Okay. >> How far out? >> Way up there. She's pretty far here. Oh, okay. >> Ma'am, do you have anything that's going to poke me, stick me, or stab me? >> This way. >> Right here. Stop right here. >> Ma'am, do you have anything on you that's going to poke me, stick me, or stab me? Face this way. Okay, ma'am. If you don't comply, okay, I'm going to take that as resisting. Okay. And force may be used upon you. Okay, >> ma'am. Stop. You will be directed. >> Get your hands out of my [ __ ] Get your hands out of me. Do you want to kick in? >> You do that. Additional charge. >> Okay. >> Yeah, exactly. >> Is this Is this key in the zipper or or where? >> Stop, ma'am. Stop >> right now. Stop. Okay, that's just the key. It's fine. It's fine. >> I don't have weapons, you idiot. >> We have to check before we place. >> All right, move your hand back. >> Oh my god. Like, ma'am, listen. >> Calm the down. >> Listen, I'm going to ask you this one time. >> Step against the vehicle. >> No, I'm not going to do anything. >> Step against the vehicle. Nope. >> And separate your legs. >> No, ma'am. >> No. No, >> ma'am. Listen. Stop. Okay. Stop. >> No. No. No. >> All right. Now, now you're getting a resisting charge as well. All right. >> No. >> I think in the vehicle, right? >> No. No. No. Come on. >> Get on the other I'll get on the other side. >> No. >> Get out. >> No. No. No. No. No, no, no, no. You're good. There you go. Come on. There you go. Ow. Ow. >> Hey, battery Leo. >> Huh? Did she just hit you? >> She headbutted me. >> Okay. while I was trying to buckle her. >> Do it on a supplement. >> I will uh doing the search to the vehicle and documenting it as is because when I was pulling up at the light, >> I saw her grab the towel. >> Yeah. >> And drape it over this. And then when I asked her for her license, registration, and proof of insurance, she hesitated to go in here because she was afraid to expose that. And then that fell for the bag. >> I observed that being open and this open. >> Yeah. says vodka salsa on it. So >> um I could not go into my car. I said no. >> Get out of my car. >> Ma'am is called search incident to arrest. You are being arrested. So >> the vehicle is being towed. >> I said no. >> And it's being searched. >> I said no. That legal standard comes from Terry v. Ohio, 392US1, 1968. Reasonable suspicion, not probable cause, is the constitutional threshold for a brief investigative detention. A single witness traffic violation clears that bar. At the window, the officer noted red and watery eyes, a recognized physiological indicator of possible alcohol impairment. combined with the lane violation. Those observations provided articulable grounds to open a DUI investigation under Florida statute 316 193. The officer read Miranda warnings before conducting his investigation under Miranda v. Arizona 384US436 1966. Those warnings are required before custodial interrogation, not before voluntary field sobriety participation. Reading them at this early stage was conservative but legally sound. under Bergwise v. Thumpkins 560US 3702010. A suspect who receives Miranda warnings and then continues speaking has not effectively invoked the right to silence. A clear and unambiguous assertion is what the law requires. When the subject stated she wanted a lawyer present, she correctly invoked her sixth amendment right to counsel under Edwards v. Arizona 451US 477 1981. All questioning must cease the moment council is clearly and unambiguously requested. The subject declined to consent to a vehicle search which is an absolute right under Schneckloth vamonte 412 US2181973. Refusing consent is constitutionally protected and cannot independently serve as grounds for detention or arrest. However, the officer had already observed open cutwater vodka seltzer containers in plain view inside the vehicle under Coolage v. New Hampshire 403US443 1971. No warrant is required when contraband is immediately apparent from a lawful vantage point. Florida statute 316 1 936 prohibits open alcoholic beverage containers in a motor vehicle. Those plain view observations provided independent probable cause entirely separate from the subject's refusal to consent to a search. Following the arrest, the vehicle was searched incident to arrest under Arizona v Gant 556US 3332 2009. A vehicle may be searched when there is reasonable cause to believe evidence of the offense of arrest may be found inside. The subject physically resisted the pat down and headbutted the officer during transport. Under Florida statute 843 01, resisting a law enforcement officer with violence is a thirdderee felony carrying up to 5 years in prison regardless of whether the underlying arrest is disputed. Deputy Stella receives a grade of B+. The stop was legally valid. The DUI investigation was supported by articulable facts. Miranda was read proactively and early. The officer maintained composure under sustained verbal provocation that was personally targeted and racially charged. Points are deducted for a prolonged and disorganized Miranda exchange that ran nearly 10 minutes without clear resolution. The legal foundation throughout this stop was solid, and nothing the officer did crossed a constitutional line. The subject receives a grade of D. She made two legally sound decisions during the encounter, refusing the vehicle search and invoking her right to counsel. Both were correct exercises of constitutionally protected rights. Every decision that followed, including prolonged confusion over Miranda, escalating verbal aggression, physical resistance during the patown, and battery on a law enforcement officer, converted what could have been a misdemeanor DUI into multiple felony charges. Every mistake made after the handcuffs appeared in this stop is a pattern repeated across hundreds of body cam encounters. The decisions made once an officer initiates an arrest carry more legal weight than the reason the stop began. Five lessons this encounter makes undeniable. Lesson one. Under Florida Statute 316 089, a single observed lane departure is legally sufficient for a traffic stop. A stop cannot be successfully challenged based solely on a traffic violation the driver demonstrably committed. Lesson two, the right to refuse consent to a vehicle search is real and constitutionally protected under Schneckloth vamonte. However, the plain view doctrine eliminates the need for consent entirely when contraband is visible from outside the vehicle. Lesson three. Under Burgis v. Tomkins, silence alone does not invoke the right to remain silent. When a person wants questioning to stop, the invocation must be stated directly and unambiguously. The words, "I am invoking my right to remain silent," are what the law requires. Lesson four, resisting arrest is a felony under Florida statute 843 01. Even when the underlying arrest is believed to be unlawful, the courtroom is the correct venue to challenge a wrongful arrest, not the roadside. Lesson five. Verbal aggression toward officers is generally protected under the First Amendment, but constitutional protection from arrest is not the same as protection from consequence. Controlling conduct at a traffic stop directly shapes the legal outcome that follows. If this analysis helped clarify what the law actually requires during a traffic stop, subscribe to our channel and leave a comment below about which encounter you want analyzed