You don't understand who you're dealing with. >> I'm not concerned. I don't care if you should be stolen. >> You should be. >> Go stand over there. >> You just stole my phone. >> I didn't steal your phone. I'm always stand. >> I can take you to jail. Go stand over there. >> Hand me back. >> Face his car like he told you to do. >> Pay me my phone. >> No. >> Nope. Why do I have to do what you do and you can't give me my phone? >> Because we're not concerned with >> I'm calling my stepfather who is a state attorney. of Florida and he is >> in what county? >> Indian River. >> What's his name? >> Okay, turn around and fix the car. >> Give me my phone. >> Oh my god. >> On July 19th, 2022, a citizen called 911 reporting an erratic driver in Vero Beach, Florida. The body cam captured 24 minutes of interaction that raises three legal questions every driver should understand. First, under FL statute sanction 1.1 offers only needulable suspicion to detain someone, not probable cause. A firstirhand eyewitness account describing weaving and median strikes backed by a blown tire clears that bar entirely. That standard comes from Terry versus Ohio 392 US 1 decided in 1968. Reasonable suspicion is intentionally a low bar designed to let officers act on credible information before a crime is fully proven. The stop was legally solid. >> All over the road, she actually hit a median. >> Okay. Um, she was behind me going real fast, slamming our brakes, slowing down, getting over, hitting the median, hitting, hitting, going over in this lane, hitting this median, and then she came back over it back and behind me, slammed on her brakes again, went like this, went like this, hit a median, and then went into the shell. >> Okay. Um, where do you think this originally started? Of what block would you say? >> I don't I don't know. Oh, I'm from Martin County. So, I would say by 65th. Does that make sense? >> Uh, well, the next light will be 69th. >> I Where are we in Vero or Sebastian? >> We're in Vero. >> I just came from my Sebastian office and I pretty much noticed her. >> You know, the 510 light. >> Yeah. >> South of that on that side. >> A little bit then a little bit north of that. >> Okay. >> So, >> okay. >> Yeah. So, and now her tire is completely blown out because she hit a median. No. Okay. >> My truck. >> Yeah. >> Oh, really? >> Yeah. >> So, can you prove me? >> What? >> Can you prove this to me? >> Can I prove it to you? Why else would I be here? You think we just randomly stop for people who pop their tires after hitting curbs? >> Why are you so mean? >> I'm not mean. I'm just saying. >> Why can't you just talk to me in like a logistic way? Like >> I am. >> Nah, you're being a little sarcastic [ __ ] >> No, I'm not. >> Yes, you are. >> No, I'm not. >> Really? Hello, camera. Excuse me. >> So, yes, I hit my tire. I'm sitting here. I've >> Have you had any drink? Anything to drink today? >> Let's see. Um, tea, coffee. Uh, >> alcoholic. >> Oh, is that what you're asking? >> Yes. >> Yeah. Uh, tea, wine, coffee. >> How much How much alcohol would you say you've had? >> See? >> 4 ounces. 4 oz. >> How long ago? >> Two hours ago. >> Do you have a driver's license on it? >> Yeah. >> Can I see it? >> No. >> Why? >> Why do you lose it? >> Because I asked you to see your driver's license. Now, >> now you're not pulling me over. You're like, I'm sorry. Like I said, we got a call about your driving. You just admit >> you're just mean. You're like this little. Okay. So, could you >> We're not doing that. >> And she needs to go away. She's like cocky and not nice. >> She's signal one. >> Okay. >> Oh, Jesus Christ. >> So, can I have your driver's license, please? >> No, ma'am. I would like to [ __ ] this gentleman. >> Do you have a driver's license here? >> Yes, sir. >> Can I get that, please? >> Yes. >> She said she's had 4 ounces of wine since the last 2 hours. >> I did not say that. Repeat and redraw your little camera. >> Why do you got to be so beat? Jesus Christ. >> Would you like the real license or the fake one? >> Both ways. >> It's just you. >> Oh, >> sorry. >> Thank you. You're welcome. >> So, how about uh Miss >> That's me. >> How about we start all over, dear? >> Yes, let's please. Cuz you look mean. >> Okay. Why? >> But you're cute. >> What? >> Thank you. >> Why are we here? Why do you think we're making contact with you? >> Because I have a flat tire. >> Okay. But how do you think we >> Because I'm an [ __ ] and I drive too fast. >> Okay. [laughter] Okay. >> Okay. Are you aware that you hit >> Yes, I absolutely. >> The road, the main area, the concrete curb. >> Yes. Yes. Yes. Yes. Yes. >> Okay. And how many times did you hit the the concrete curb? >> Uh once. >> Okay. Is it only that flat tire? >> Uh yeah. Why is there seven other flat tires I don't know about? >> I haven't had a chance to look at your car, which >> Okay. Was like like seriously like really are you really questioning it that hard? Like >> don't look at Don't look at all the other injuries on the car. >> Well, yeah. Scuff marks on this wheel on this top. >> But I bought This is a re a bought car from somebody else. So, it's not fair for all the other damage they did. This I just did this. Yes. >> You just did this one. >> Yes. That's me. >> That's you. Okay. >> The car like that. >> Okay. Like What is that? >> Stay right here. >> Why? >> Just stay right here. Don't go approach it. >> Well, I was supposed to see it. I was going to tell him all the other marks that I bought this. All he's worried about is the tires. >> Oh, don't go. >> What? >> Oh my god. Tires. My boyfriend wants to take the car and get all the tires fixed up. >> I can show you. >> I have to at least get that one replaced. >> Oh, I don't even want to tell him now. >> I thought you said you were waiting on him to come here. >> No, I was going to call him. >> Oh, so your story is changing again. >> No, it is. >> Oh, >> so >> I can actually tell him that it popped him. >> Where did this group jump out at you at? >> Right up there. >> Right here. like north of here. My god, people south of here. So if that's that's south, that's north. So I'm sorry. >> We're just trying to get the story straight. >> I caught my tire. I ran off the road. I hit the tire. Yes, I up. So I'm sorry. >> So, where are you coming from? >> From my house. >> Okay. And where are you headed to? >> Where I was going to go. My sister's. >> Okay. Where's your sister live? >> Okay. So, we had a concern caller called on you about the way that you were driving. >> I'm sorry. >> Is that the one? I don't >> who sounds like no one. >> Okay. So, you have to understand where we're coming from. >> Okay. >> Yes. >> I do. >> Did you tell my deputy that you had a few drinks or a drink? >> She asked me what I had to drink. I said coffee, water, what I had to drink today. Second, Miranda writes, "The subject voluntary disclosed alcohol consumption for any warning under Burkaper versus McCarti 468 420 from 1980. Miranda is not required during a roadside DUI investigation because a traffic stop is not formal custody under federal law. Every voluntary statement made at that roadside before formal arrest was legally obtained and fully admissible. The subject's disclosure about the wine became part of the probable cause foundation that supported everything that followed. Choosing to speak is always a choice with legal consequences. >> True. >> Did you have anything alcohol? >> There was alcohol involved in my day of drinking today. >> Okay. And how long ago was that? >> See, that's what she asked. She asked it differently. >> Okay. Well, how long ago did you have alcohol? >> Two hours ago. >> Two hours ago. Do you know what time it is now? >> I think it's 4:30, 5:30. >> Which one? Oh jeez. Come on now. >> I'm asking. >> What time do you think it is? >> Without looking at your phone. >> No, that's not fair. >> Okay. >> Well, you tell me what time it is. >> 5:30. >> Damn it, man. Damn it. That was close. >> So, how long ago did you consume alcohol? >> 2 hours ago. >> Two hours ago. Okay. And what kind of alcohol did you consume? >> Wine. >> Okay. And how much wine? >> See, I I already know what this is all about. And I'm I've never had a DUI in my life. >> Okay. Well, let's not >> as a state attorney of Florida. And um I I just these are all like >> they're just simple questions. I know they're simple question, but they're interrogating questions that I just simply pulled over >> and now get arrested to go to jail. >> I never said anything about jail. >> Mean lady girl, but she's nice and cute now. >> You're the nice guy now. >> Okay. >> Yeah. >> I wasn't being mean. I was asking you stupid questions. You told me you were going to Sebastian. I asked you why you were going to >> I'm from Sebastian. I live from Sebastian. So, yes. >> I was just trying to understand the story. They even made a joke about the curb jumping out at you. >> I know. >> I know. It happens to me, too. >> It's kind of a polish. >> It happens to me. I popped a couple tires. >> Yeah, I popped two tires in my sheriff's office this car by hitting a curb. >> All right. Well, then fine. I do that. That's nice. >> I'm I'm honest. >> I appreciate that. >> So, >> so what are we doing here? >> How about How about you just step out and and stand with me >> so I can finish what I'm doing. >> I'm not going to put you in handcuffs. What are you doing? >> Checking your balance. >> Good luck. Cuz I'm already >> Good luck. >> What does that mean? >> I have Achilles issue. That's what that means. >> I don't know what that means. >> Well, there you go. I have Achilles. I got Good luck on my balance. So, >> would you like to take off your sandals? >> It doesn't matter. I have Achilles issue that I can't balance. That's why there's tape on my ankle. Do >> you think I just like randomly just threw tape on myself? >> I don't know what that is, N. I'm not a mind reader. Just stand for me. >> Stand outside your car. >> Okay. >> I'm going to call my stepfather who is seeing >> Not right now. >> Oh, yes I am. >> No. >> Yes, I am. >> No, you're not. >> Why? >> Because you're being detained. I don't want to put handcuffs on you. >> I'm being attained for what? >> For suspicion of drunk driving. >> For suspicion. So suspicion is >> So how about you help me, right? >> You really think that's fair? >> I don't know what that is. I'm not medical certified. >> Are you kidding me? That's just not fair. >> You think I randomly just stuffed that on there in my leg? >> Let me ask you a question. Do you think it's fair that we don't put you through proper exercises to determine that if you're okay to drive and we just say, "Okay, because you have a hurt ankle, we're going to let you drive and possibly crash into somebody and kill them and their family." Do you think that's fair? >> Or or I can determine that you are okay and I can have you make a phone call to get picked up. >> So, what do you want me to do? >> I'll stand there without leaning on your car. >> You don't want to take my shoes off? >> Do you take your shoes off? >> Whatever you feel more comfortable with. >> No, wait. First off, I'm calling my stepfather before I do this. >> You're not? >> Yes, I am. >> No, you're not. >> Why? >> I've already told you. >> Tell me one more time why I can't call my stepfather. >> I've already told you. Tell me one more time why I cannot call my stuff on. >> Either you cooperate or I can just take you to jail. >> I'll cooperate. >> Okay. So, put your phone down on top of the >> But you're not No, that's not right. That's not fair. >> I've already explained it to you. >> Say it one more time. >> God, bless America. >> Why? Why do I need to repeat myself? Why do I repeat myself? >> Wow. >> So, take off your sandals. >> No. >> No. >> No. I'm sorry. That's not right. >> You can't repeat yourself to me. >> Why do I need to repeat myself? >> Because I'm asking you to and you are a goddamn officer and I'm asking you to to do something for me. As a >> somebody called up driving somebody, >> huh? I don't need I don't need to tell you. >> Where are they? >> Are they here? Then show me who they are and where they are. >> They were here. We already spoke to them. >> So those are the two old people. >> He's lost. >> Really? >> Yes. Ask me for directions how to get to State Road 60. >> Okay, this does not seem right legally and legality. >> Put your phone on the roof of your car, please. And take off your sandals so you can help me out with your balance exercises. >> You're making this worse for you. If it works out, then I you can make a phone call and get picked up. >> What's your name? >> Buffington. >> Thank you. Oh, you can't. I like them. >> Put your phone number, please. >> I don't think that's right. I don't think that's >> okay. Well, too bad. >> I don't legally think you have to. >> He's asked you three times. The next thing that's going to happen is I'm going to take it out of your hands and I'm going to take possession of it. >> So, you have an option to be an adult and put your phone on the car >> or I will take the flex. >> What am I going to do after I put my phone? >> He's going to explain that to you. >> Thank you. I'm helping you out, believe it or not. >> Okay, >> now you want to be balanced. >> Without a doctor's note and explaining what is going on, how am I supposed to believe you? >> Because who the tapes their leg like this? >> Ride with me for a day and you'd be surprised when people >> Well, I don't ride with you for a day. I mean, I don't have tape in the goddamn glove department. >> I mean, seriously, >> would you like to take off your shoes for better balance? >> No, these are like the best. They held my feet. Okay, then just stand on that line for me. Please leave your phone on the roof. >> I'm not sure this is legal. >> Okay, >> so show me that it's legal. No, >> that's not our job right now. >> Yes, it is. No, it's not. It is absolutely your job. >> Sorry. You're refusing cooperation. You're refusing. Then stand right there. That's second time I've already told you. Leave your phone alone. That's the third time I've told you. >> I'm calling my stepfather. >> Okay, then you'd be in place of handcuffs. >> Why? >> I've already told you. >> This is what how this is going to work. You have an opportunity to prove to us that you are not driving under the influence. >> If you do not prove to us that you are not driving under the influence, then jail >> and not fair things. >> I smell alcohol coming off your breath. I can take >> I smell >> from your breath. >> Great. >> It's called anger from me. >> Step over there. >> Step over there. >> Step over there. >> Nope. Don't get in my car. >> Step over there. >> Don't touch me. >> Step over there. >> Wow. >> You can step right there now. Let go. Did >> you do know? Jesus Christ. Okay, let's go through this process again. What do you want from me? >> Stand right there. >> What do you want me to do? >> Stand on the line. >> There is no line. >> There's a line right there. >> Do you want me to stand on the crap that's unbalanced from an a even line to an uneven line? You want me to stand on that and balance myself? >> Yes. >> How is that fair? >> The line doesn't even balance itself. Stay on the left or the right hand side of that line. Feet together. Okay. Turn around. Face my car. Back away from me. I like you, but I don't like you. >> To be honest with you, that's not my concern right now. >> I do like you. I do. You're a good You're a good officer. You know, Linda Clark. >> Linda Clark. How am I supposed to know Linda Clark? >> She's a police officer just like you. >> She work with us. >> Yeah. >> First off, listen to my feet. >> You can put your shoes back on. You don't have to take your shoes off. Whatever you're more comfortable in. >> Just do whatever you're going to do. I'm calling my stepfather right now. >> No, you're not. Oh, did you touch my phone? >> Go stand back on the line. >> You got to give me back my [ __ ] >> I will give you your phone back. Go stand on the line. >> You don't understand who you're dealing with. >> I'm not concerned. I DON'T CARE. YOU SHOULD BE. >> Go stand over there. >> You just stole my phone. >> I didn't steal your phone. I'm always my phone. >> No. Don't stand over there. My phone. >> I can take you to jail. Go stand over there. Hand me >> fix his car like he told you to do. >> Hand me my phone. >> No. >> Nope. Why do I have to do what you do and you can't give me my phone? >> Because we're not concerned with >> I'm calling my stepfather who is a state attorney of Florida and he is >> in what county? >> Indian River. >> What's his name? >> Okay. Turn around and face the car. >> Give me my phone. >> Oh my god. What do you want? >> Wait for you to calm down. >> I'm pissed. She just took my phone and she's touching my and touching things on my phone which you should not be doing. >> I'm pissed. You put us in this position. >> I'm pissed. >> You put us in this position. Why did you drive that? You hit the curb. >> I didn't mean to hit the curb. Well, >> god forbid. Someone need help. >> Huh? So, I need help for hitting a curb. I thought you guys were helping me instead of antagonizing me. And >> not when we get reports of reckless driving on you. >> Reckless driving. Where are the people? >> I don't mean to tell you that. >> Say that legally >> without evidence of the people that aren't here. >> He's already spoken to them. >> Oh my god. You guys, >> you can't arrest somebody without evidence. >> We have evidence of you drinking and driving. I can smell alcohol admitting from your breath. >> I can smell admitting your breath and I can actually see on the camera that you stole my phone. >> I didn't steal your phone. >> You stole my phone. Give me back my phone. You literally stole my phone. It's on camera. Give me back my phone. >> Give me back my phone. >> Using balance exercises. No, I didn't even know we're still doing [music] >> Give me back my phone and I'll do everything. >> I'm sorry. Is that legal for you to take my phone? >> I didn't take your phone. I'm preventing you from making a phone call because right now you're obstructing an investigation. >> What? >> You're delaying a DUI. >> Give me my phone. >> No. >> There is no law that says that right there's the guy that face me. on an uneven uneven surface. >> You going to stand on the left hand side of the crack or right hand side? >> That's really really hot right there. >> On the light side. >> Okay. >> You take your shoes off and put your feet on. >> Okay. Face me square up means you got to like put your glasses on there. >> I want my phone. >> Little miss lady. Put your phone. My phone here. Are you refusing exercises? That's the second time I vacuum. >> No, I'm not. I'm not. >> Then don't then don't worry about the abusing anything as soon as he's done. >> First off, it's really really hot. Then put your shoes back on. >> I want my time. >> No, >> I'm I I have a broken record. >> It's a broken record. We keep telling you no. >> I have no legal obligation. Would you like to put your glasses on your trunk >> without my phone? >> Would you like to put the glasses on your trunk? >> Turn around. Turn >> around. >> Why are you >> Stop. Stand up. Stand up. >> Stand up. >> [screaming] [crying] >> I AM ALREADY. >> I'm about to dump you on the concrete. You think it's hot now on your feet? It's going to be hot in your face. >> I did not do anything to deserve this. Stop it. Stop stop and relax. [screaming] Relax. >> If you try kicking me, you're going to get charged. >> Relax. Relax. Soon as you relax, you'll let up. >> Relax. [screaming] >> Are you done? >> Are you done? >> You're hurting me. >> I really don't. You're hurting me so bad. I really don't want to film. >> You're hurting me so so badly. >> Relax. >> You're stabbing me. I'm not doing anything. I'm not doing anything. >> I'M NOT DOING ANYTHING. >> YOU'RE JUST HURTING ME. OH MY GOD. >> YOU'RE going to go to the ground. Are you ready? >> Stop. >> Okay. That Stop stop. That's better. Oh my god. You don't understand what you're doing to my hands. >> Well, you're the one that keeps pushing off your >> I'm not pushing anything. [crying] >> You have anything on that's on you that's going to poke or prick me? Hello? Get off my brush, you >> relax. >> Get in the truck. Get in the truck. >> Stand up on the running board. >> Try to get in the truck without you pushing me. >> Stand up on the running board. Son of a >> sit sideways. Easier on your arrest. Scoot in there. >> I'm trying. >> Okay. Push up on your feet. >> I don't you listening. Third, has no statute explicitly authorizing officers to confiscate a phone during field sobriety testing. Under Riley versus California 573 US 373 from 2014, phone seizures require meaningful legal justification beyond officer preference. Obstruction under Florida statute section 843 requires zerin overt act that materially impedes an investigation. A personal call to a family member does not meet that threshold. The phone seizure lacked firm legal footing and carried real Fourth Amendment exposure for the department. >> You listening? >> I can't help but listen. >> Okay. >> Are you still refusing? >> I didn't refuse anything. >> Yes. You kept You kept stalling. Okay. >> I didn't st Okay. So, with what I observed so far and you failing to cooperate, I'm going to have to arrest you in your DUI and resisting from what I observed so far. >> Great. My first DUI ever. >> Okay. Well, like you said in the very beginning, cause and effect actions. You did this to yourself. You had a caller call on you because of the way that you drive. >> So, I really chose you chose to drive after drinking wine 2 hours ago. You chose to act like a child with your cell phone. It's just a cell phone. >> I'm sorry. >> You're You're an adult. It's a cell phone. >> Whatever. Okay. >> Okay. So, you understand? >> Yeah. Whatever you say. I kind of >> You just said yes. >> Okay. >> When the subject physically resisted, the force used falls under Graham versus 6 from 1989. That standard evaluates whether force was objectively reasonable considering three factors. Severity of the crime at issue. the immediate threat posed and the level of active resistance. DUI carries documented lethal risk to others. The subject was pulling away and attempting to re-enter her vehicle. Officers used control holds only no taser, no chemical agents. Given the resistance documented on body cam, the force applied was consistent with the Graham standard. The deputy earns a B. Her composure under sustained provocation was real and the supervisor call out was the right move. The single deduction is the phone seizure which lacked a statutory basis and created legal exposure the department did not need. The supervisor earns a B+. His deescalation adisements were accurate and his professional nocom held even under pressure. One tactical gap the horizontal gaze damps no micical balance and should have been administered given the subject's disclosed ankle injury. The subject earns a C plus. She had every right to ask questions. She did not have the right to refuse her driver's license. Florida statute section 32215 requires license production on lawful demand and that refusal alone gave officers grounds to continue the entire contact. Her interference with field sobriety testing and physical resistance during handcuffing turned a potential citation into a two-count arrest. The resisting charge under Florida statute with section 84302 came entirely from her own decisions, not from anything the officers chose to do. The department earns a B minus. The investigation was substantively correct, but the absence of a written policy on phone handling is a gap that needs to close. Departments need clear guidance to protect officers from this category of fourth amendment exposure. Every case like this carries lessons that go beyond people on camera. Five things this encounter teaches that most people only understand after it is too late to apply them. Less low bar. A single credible eyewitness account is enough to justify a stop. Lesson two, roadside statements are not Miranda protected. Under Burkimer vers McCarti, anything said voluntarily is admissible. Every word at a traffic stop is on the record from the moment you speak. Lesson three, invoking family connections changes nothing, and attempting to leverage who professional status almost always makes a situation harder to resolve. Lesson four, cooperating with field sobriety testing is your strongest defense if you are actually sober. A sober driver who performs well on standardized testing creates a documented record that works in their favor. Refuseics removes the evidence entirely and refusal alone can satisfy probable cause for arrest under Florida statute section 316.193. Lesson five. Physical resistance adds permanent charges. Resisting arrest without violence under Florida statute section 84302 is a standalone offense with its own criminal record. Whatever your view of the underlying stop, that additional charge serves no one's interest but the prosecutions. The law applied exactly as written to every party regardless of what anyone believed about fairness in the moment. 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