Just yes or no? >> No. >> You don't want to? >> No. >> Okay. Put your hands behind your back. >> Okay, fine. Then yeah. >> Put your hands behind >> Then No, then yes. Yes, then >> No, no, we're not going back and forth with this. >> Why? >> Okay, because >> Stop. Stop. >> Oh, that's I'm I'm not >> We're not going back >> Now I'm resisting. Oh, that's >> Stop moving away. >> Make sure you record. Make sure you record because this is a normal thing for Florida. >> On August 17th, 2023 in Cape Coral, Florida, a traffic stop became a case study in how quickly a DUI investigation can go legally sideways on both sides of the window. The stop itself was clean. 1979, reasonable articulable suspicion of a traffic violation is all that is required. Observed speeds of 51 and 66 mph combined with lane weaving cleared that threshold before the officer reached the window. >> Hello. >> Hi. >> How are you? Officer Galante Cape Coral Police Department. Reason I pulled you over is you passed us going 51 on Del Prado and then you're going about 65 on Veterans Drive in and out of traffic. Do you have your license registration on you? >> Yeah, I need napkins. I have sinus problems. Do you know where I think my registration's in here? No, I don't know. Hold on, let me give you my license. >> Okay. >> Is that? >> Thank you. Any luck on the registration? >> Yes, I have my registration. I got a pen. Hold on, I'm sorry. >> It's okay. No, I'm just sorry. >> I don't know where the put it. Honestly, it's in my a book or Oh, wait, wait, wait, wait. Hold on, hold on. >> Where are you coming from tonight? >> I picked them up. >> Who is them? >> Who is them? >> Friends, family? >> Friends. >> Yep. >> Give it up. >> Thank you. Okay. >> What's that? >> I have her number. >> Do you have an odor? >> Yeah. >> Yeah. Okay. All right. So, go and set that stuff up there cuz we don't need it right now. You've seen this? >> Yeah. >> Have you used it on a DUI investigation? >> I have not, no. >> All right. So, the way this works is So, you're going to ask her to step out of the car. She comes out. You're going to explain to her that um you're you got some signs of impairment. You're going to start a DUI investigation. She asks what you're talking about. You can say, you know, you got uh odor of alcohol coming from you. >> Slurred speech. >> There's slurred speech, bloodshot, glassy eyes. Did she have bloodshot, glassy eyes? >> A little glassy. >> Okay. >> I didn't have a perfect look at her eyes, but her her speech was slurred and then I had to keep reminding her to get her registration. >> And then you can just say that there's a few other items that that I'm seeing. Um you don't have to go into great detail cuz then it can come become an argument. >> Yeah. >> Um but at least you have two you have two indicators, right? Um and then you can also you know, your driving's a little aggressive as well, you know. Also, there was a a time there that she was uh crossing the lines. Do you remember that? >> Yeah. >> And when we came up here, she hit that >> She uh moved over the line. >> Yeah. So, have that. Um so, when you get her out, you're going to say, "Hey, I want to start a DUI investigation. Are you willing to participate in standardized field sobriety exercises?" >> Yep. >> And then from here, you just start at the bottom. Are you sick or injured? Do you have any physical limitations or anything? The only one that I would uh there's two. Doctor, dentist? All right. And then when you say physical limitations, any problems with your hips, your knees, your ankles, your legs, anything like that? No? All right. You see, are you seeing a doctor or dentist for anything regularly? Type of stuff. Um and then right here, is it just yes or no or do I get their name? If they have info, go ahead and jot. You can write whatever you want on this. You write notes. Eyeglasses, contacts, are you blind in either eye? And then from here we'll do this. All right. Um I'm going to have you do HGN and then I'm going to do it and check it. Okay? So I'll explain it to you once you do that HGN and then we'll move into walk and turn, one leg stand. It's occupied twice. There's a female in the in the front as well. All right. So and then we're going to go ahead and I'm going to put Follow me, man. Would you step out for me? >> Why? >> I don't know. I'm asking you to, please. >> No, but I I need to know why. >> Well, I don't have to tell you why, but I'm going to. I saw some signs of impairment. >> Oh my >> Just wait in the car. Just wait in the car. >> Oh, okay. >> All right. >> Why does he make everything >> Just relax. Step out for me. >> But why? Can I ask why? >> Yeah, we'll go over it once we're out here. >> Okay. >> Can you step over here for me? So the reason I'm having you come out is we're seeing signs of impairment. We want to start a DUI investigation. That means you participating in standardized field sobriety evaluations. Are you willing to participate in standardized field sobriety? >> No, I'm not impaired. I'm dropping them off over here. I'm going home. I live right off of Nicholas. >> Okay. So, the So, the only way we can go forward from this is if you participate. If you don't participate, we have to make our judgement based off the observations we've seen so far. >> your judgement for it due to part for due to feel that way? >> You have slurred speech and odor of alcohol. >> I don't have slurred speech. I don't have uh alcohol. >> If you don't participate in standardized field sobriety evaluations, then you can't dispel our fear of your impairment. Okay? So, are you willing to participate in standardized field sobriety evaluations? >> include? >> We're going to check your eyes and then we're going to have you do the walk and turn and the one leg stand. >> Whatever. >> Okay. >> So, you're willing to participate? >> I'm not blowing, but you can do whatever the you want to do. Yeah. >> Just step right in front of the car over here. >> Oh, so you're putting me in front of the lights so you can feel impaired. Fantastic. >> Well, why would the light make you feel impaired? >> Because it puts your judgement off, obviously. >> All right, so I have some questions for you, okay? Are you sick and injured at all? >> But, why did you pull me over? Why did you pull me over? >> Why Why was I pulled over? >> First off, you you passed us going 51 on El Prado. We followed you on Veterans leaving in our traffic going 6 mph on Veterans. >> 66 mph? >> 66 mph. >> What do you have your proof of that? >> Yes, our observations. Yes. >> Observation is proof? >> Yeah. >> I know. I know. >> Do you want to participate? >> If I don't, then what? You arrest me? >> We have to make a judgement. >> What's your judgement? >> It's up to you whether or not you want to participate. >> I mean, I'm not drunk. >> Okay. >> I'm If I were or weren't speeding, I'm not saying either were. >> Okay. >> But I'm not impaired. >> Okay, so my question for you is would you like to participate in some field sobriety exercises to dispel my fear that you may be intoxicated? >> Am I allowed to like research first? >> Research, no. It's just yes or no. >> No. >> You don't want to? >> No. >> Put your hands behind your back. >> Okay, fine. Then yes. >> Put your hands >> Then no, then yes. >> No, no, we're not going back and forth with this. >> Why? >> Okay, because >> Stop. Stop. >> Oh, that's I'm not >> We're not going back >> Now I'm resisting. Oh, that's very forceful. Make sure you record. Make sure you record because this is a normal thing for Florida. Oh, I'm resisting. Oh, oh my god, I'm 100 lbs. I'm resisting. Woohoo, I'm resisting. What did I do? What did I do? What did I do? What did I do? What did I do? >> Stop resisting. >> What did I do? >> Tensing up. Stop. >> I'm tens- Okay, I'm tensing up. Okay. I got three cops on me and I'm 130 lbs not even and I'm tensing up. Okay. What the is that? >> Stop pulling. >> Really? This is like This is Okay. Okay. But I need my phone and I need my wallet. >> Okay. >> If you want to arrest me >> Here you go. >> for doing nothing, so Okay. Blow me. You want to blow You want to blow? You want to blow? Come on. >> The next The next thing we were going to ask you to do was >> Let's do it. Let's do it. Let's do it. >> provide a sample of your breath to determine >> Let's do it right now. >> Okay, we're going to take >> Right now. Let's do it. Let's do it. >> Get in the car right now. You open that again, you're going to jail. Do you understand me? >> You're grabbing me like that? >> Well, you keep tensing up. >> Oh, okay. You know what's funny? You're good. Yeah, put me >> Stop pulling. >> Hey, record this. >> Stop tensing up. >> I used to try to What are you doing, bro? Are you trying to like assault me? Ew, she's grabbing me. >> Stop tensing up. >> Tensing up is grabbing my What am I What's on me? Look at me. Back up. What's on me? What's on me? >> Sit down. >> I want my wallet and my keys and my >> the car. >> Where's all my Really? Okay. Okay, you're going to get sued. You're going to get sued. You're going to get sued. You're going to get sued. >> But before the driver stepped out of the car, the arresting officer on which probable cause indicators to articulate, that single moment is the most legally significant thing in this entire video, and it happens before the formal investigation even begins. Brady versus Maryland, 19 United States 1972, established that probable cause must rest on independently observed facts. When that language is constructed with a supervisor before the investigation begins, every word in the police report becomes legally vulnerable. Under Pennsylvania versus Mims, 1977, an officer may order any from the vehicle, no explanation required. Florida statute section 316 activates the moment a DUI investigation begins. That consent was given the day she obtained her license. The driver is offered standardized field sobriety evaluation she can legally refuse. But under South Dakota versus Neville, 1983, that refusal is admissible at trial as evidence of consciousness of guilt. Every answer she gives carries a legal consequence she cannot avoid. She refuses, agrees, refuses, then agrees again. The officer terminates the process would have produced stronger evidence or potentially cleared her. Skipping them was a missed evidentiary opportunity that weakened the case from the start. During the arrest, she tenses her arm 43. Florida statute defines without violence as opposing or obstructing an officer in the lawful execution of duty. Passive resistance meets that standard. She turned one charge into two. The force applied was proportional. Soft empty hand to secure her wrists. Under Graham versus Connor 1999 force is measured against what a reasonable officer on the scene would consider necessary, not what looks reasonable in hindsight. Nothing in this footage crossed that line. Officer Dalton receives a B minus. The stop was lawful, the consent advisory and the force was controlled. The coaching session is a documented integrity problem. Defense attorneys do not need to prove misconduct. They only need to show the observations were not entirely his own. Questioning receives a C her right, but vacillating three times on field sobriety participation triggered the arrest and tensing during handcuffing added the second charge. Her instincts were understandable. Her execution made a bad situation legally worse. The male passenger receives an A minus. Gave clear and honest information and never interfered. He was not obligated to volunteer statements about the driver's alcohol consumption, but he chose to and that remained entirely within his rights. She was convicted on both counts. DUI school 50 hours of community service, 6-month license suspension. The system processed the case as built. The procedural question this footage raises does not disappear because the prosecution succeeded. >> Step it out for me. Come back here. Back of the car. Step out for me. Back of the car. Sorry. >> I me and Tristan met her tonight and we were just trying to get some of the night's fire and that's all that was happening. And she said we'll take you to the next bar and that was it. Oh, that that was all that happened tonight. >> So you don't know her personally at all, so >> No, sir. Yeah, we just met her tonight. We were only at Rusty's for like an hour. Then we went to the back. We had one drink there and then we were on our way here. And she We were like We were like Chapman and Sauf and then she was like, "Yeah, I can take you." And then we didn't know she was doing the same thing that I heard her say speeding on the We didn't know. And yes, I know it's illegal and double speeding double passing lane. And she was just in the Chapman Sauf here and we were going to do that from there. That's all. >> Do you guys have licenses or ID cards? >> Yes. >> Have an ID? >> Yes, I have my ID. Yes. I just don't know why she was making Like I said, I don't know why she would make a big scene and like you guys were just going in and out. I said, "You know, you're like all right, this, all right, that. Just follow the rules. Just do what they say, please." And I was trying to tell her, but she was like, "No." No, not really. No, not really. Yeah, I mean I She was She was >> already in there before >> Yeah. Yeah, she was already there before Yeah. >> Did you see her drink anything while you were at Rusty's? >> Uh this probably had like a shot of tequila and maybe >> She had a shot and then at the Deck she had a shot of something. >> And then we came here. >> Okay. >> Yeah. I've never gotten in trouble with cops before, so this is like my first time and I'm like nervous about it, so that's why I'm all shaky and anxious. >> You guys are both good. >> Okay. >> Thank you. >> Please. >> Take your free time. >> Be safe walking. >> Yes, yes. And I'm I actually Like I said, I I apologize for what you guys had to deal with all the time. I know it's probably rough for you guys. And it shouldn't be at all. Yeah. All right. Hey, you guys have a good night. >> Thank you. Be safe. >> Never. >> Are we leaving? >> Yeah. >> Can I please get my wallet and my phone because I don't have any like >> Yeah. Grab your wallet and phone. Do you have house keys? Do you have house keys? Where are they? Okay. >> Lesson one. Reasonable suspicion is a low threshold. Observed speed violations and erratic lane movement settled before the officer reached the window. By the time a driver is asked for a license, the legality of the stop is already decided. Lesson two. Coaching probable cause on camera is a Brady problem. Officers must document what they observed independently. Coordinating observation language with a supervisor or undiscoverable body camera footage is not training. It is a liability. Lesson three. Implied consent is a prior agreement. 1932 means she consented to testing when she got her license. Under South Dakota versus Neville, refusal in the field follows her into the courtroom as evidence. Lesson four. Indecision in a legal encounter is its own prior participation gave the officer justification to terminate the evaluation and proceed to arrest. Clarity is protection, ambiguity is exposure. Lesson five. Passive loaded statute section 843.02. Tensing your arms during handcuffing is sufficient. The second charge here did not come from a confrontation. It came from a few seconds of physical hesitation. The deeper issue is structural. When a supervisor builds the language of probable cause alongside the arresting independent, Brady and Giglio exist because the gap between what was observed and what was coached can determine the outcome of a case. The law requires independent contemporaneous documentation. When that independence is compromised, so is every word in the report. It is a pattern worth watching every time a camera captures what happens before the formal investigation begins. 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