So [music] they she's got a gun, by the way. >> With the guns. >> Okay. Hey, where's the gun at? >> What gun? >> Where's the gun at? They said you had a gun. Where's the gun at? >> I don't have no gun. >> Where's the gun at? >> I don't have a gun. >> They said you pulled out a gun. Where's the gun at? Okay, come here real quick. Put your hands on your back. All right. >> Where's the Where's the gun at? >> No, don't touch ME. I KNOW MY LAWS, BABY. >> On October 20th, 2024 in Florida, officers at an accident scene received a report from witnesses that an armed woman had fled the area. Did you call? >> I called. [music] >> So they She's got a gun, by the way. >> With a gun. >> Okay. [music] >> You saw it, >> huh? >> What' you see? >> Oh, the other car. So [music] >> this guy, they were He was racing with the other car. >> There's another car over there. >> Yes, it was a Corvette. But it's not her, right? It's not his. >> Where's the other car at? >> His one. The Mercedes. They were Mercedes. >> Okay. >> And then she jumped out of her car with a gun. I think that girl was driving. >> The girl with a black top has a gun on on her right now. >> She came out with a gun. >> Because she thought somebody hit her friend, but her friend hit me. >> Okay. You're the other car involved. >> Yeah. >> Okay. >> Cuz they were racing and they lost control. >> Where's the other car that was involved in the race? >> They left or they got hit, too. >> They did not hit. They didn't get another alterator. Plus, we got one of the drivers with a gun came out with it. And so what? She came out of the car. She with a gun. What' she do with it? >> She she the girl from the Corvette jumped out of the car, ran in here. I guess her friend was in the car. Yeah. >> Pulled her friend out and then started saying, "Where's my gun? Where's my gun?" Hit her. >> And she grabbed her gun. You saw the gun? >> Yeah, I saw the gun. >> Okay. >> Hey, Jones. Keep an eye on that chick right there in the black. Hey, right there. Um, okay. So, you guys are in the black Mercedes. They hit you. >> Yeah. >> How'd the car flip? >> They hit you. >> I think I think they tried to miss it. >> So, she What car was What car was she in? In the black top. >> She was in the Oh, there's two Corvettes ahead. >> There's one Corvette ahead. One Civic and the number >> and the Corvette and this were racing. >> Yeah. >> And you think she was driving? Uh, >> there's it's heard and another guy. I don't know who was driving. >> There's a There's a girl out of this side. I don't know. >> Okay. Hey, this chick might have pulled out a gun. Oh, we need to talk to her. >> Tell him that's >> the fourth amendment governs what followed under Terry versus Ohio 392 US1 1968. Officers may briefly detain a person when they have reasonable articulable suspicion of criminal activity. The key legal concept is corroboration. The Supreme Court ruled in Florida versus JL 529US266 2000 that an anonymous tip alone is not enough to justify a weapons frisk. Here, at least two identifiable onseen witnesses independently described the same woman in a black top with a black handgun. That corroboration legally cleared the Terry threshold. Once the officer located the subject matching that description, the detention was constitutionally grounded. The legal problems came from what happened after contact was made. >> You don't have to be here with nobody. >> Hey, where's the gun at? >> What gun? >> Where's the gun at? They said you had a gun. Where's the gun at? >> I don't have no gun. >> Where's the gun at? >> I don't have a gun. >> They said you pulled out a gun. Where's the gun at? >> Okay, come here real quick. Put your hands on your back. All right. >> Where's the Where's the gun at? >> No, don't touch me. I KNOW MY LAWS, BABY. >> WHERE'S THE GUN AT? >> Call my man. >> Where's the gun at? >> I don't have a gun. Is it in the car? Where's it at? >> I DON'T HAVE A CAR. >> They You don't have a car? >> Yeah, baby. >> You know what? What are you talking What do you mean? Were you involved IN THAT? >> NO, SIR. THAT'S MY SISTER. She called me. >> Okay. Okay. >> Hey, Siri, call my everything. >> Stop pulling away. >> Okay. I need my phone. Don't take my phone. >> Pulling away. >> All right. >> Stop pulling away. >> I'm not I'm not You cannot give me your breath. >> But I was in the car accident. >> Okay. >> I wasn't in the accident. >> We're getting the >> I help her. That's my >> Don't pull away. They said someone said you pulled out. You can't run out of gun. No, I didn't. >> We're going to get to the bottom of it. All right. When I'm talking to you, don't pull away. >> Who was in the Corvette? >> That's my Corvette. >> It's a rental. I rent them out. >> Okay. Were they involved in the accident? >> No. >> I'm trying to escape out of the cuff. >> NO, I'M NOT, BABY. I'VE BEEN to prison before. I know. I'm on probation. I know what my rules are. >> That's my sister. Look at my legs. How about that? >> Okay, we'll get you checked out. >> Let me get my phone, though. >> We'll get your phone. Hold on. Yo, what's your last name? >> All right, bet. You want to see my phone? You want to steal? What are >> you talking about? Who you threaten? >> No, it's not. >> What did you just say? >> It's not a Dutton. >> Who? Who? Who are you talking about? >> I said, "Can I get my phone?" >> And he said, "You're going to that." >> No, I was telling her like, "I need my car." >> You're Listen, you're you're running. You're running all over the place. You're not making You can sit down. Yes, absolutely. You have no gun on you. >> I don't have a gun. >> Okay. I'm on federal probation. >> Okay. You're acting really crazy right now. >> She She flipped that truck that hit her. >> Yeah. Someone said y'all were racing. >> No, I don't race. I don't have a license. So why would I drive my car? >> Did you take Did you take her phone? >> So you're saying you weren't just calm down. >> No. >> All right. So just just sit back for me. Sit down for me. >> I can't sit down. My legs hurt. >> Okay. Yeah. No, I I >> My knee hurts. >> Okay. >> I I jumped in the car to get her out cuz the car started smoking. >> Okay. >> And I've been in car accidents and that's how I lost my mom and my father. >> We need to identify you. >> All right. But you >> got your You got your ID on you? >> Yeah. >> Where's it at? >> Hey, listen. This is very serious. Okay. Where's the gun at? We're going to find the gun. We're going to find the gun. Where's the gun at? >> What gun? >> I want I just want to make sure it's not a threat right now. >> It's okay to have a gun, but I want to make sure the gun's not a danger. >> What gun? We have gun license. >> Okay. Where's Where is >> I don't have a gun cuz I I'm on probation. >> Just listen. >> I came in to save her and I'm the I'm the criminal. >> You know what? Call Call Sergeant. Call Davis right now. No, I'm calling my Davis. He works here. I'm calling Davis. >> Sorry. >> Hey. Hey. Hey. You're not helping her. >> No, it doesn't matter. >> You want to make sure that >> No, I No. No. I jumped in THE CAR TO GET HER. >> Sit down right here. Just sit right here. Just sit down right there. Once they're done with her, they're going to come check you out. Okay. >> Two people right now so far. They were racing. >> Who's the driver there? >> I don't I think I think her He said she came from the Corvette. >> I don't drive. I have a Corvette. I have a driver at Who Who's the Corvette? >> I have owners. >> Who's the driver of the Corvette? >> My brother. >> Where's he at? >> Where's the car at? Where's the car at? >> I don't have a car at >> I don't have a driver's license. I just own the car about that. Where's your car? Make sure it's not regardless. You're going to let me go cuz I didn't crash that car. I know the raw the laws, baby. And my my lawyer is just >> so play with me if you want to. >> Where you from? >> I'm from Jersey, but I've been here. Doesn't matter. >> I'm from So, what's up? So, you get them more than me. I'm from So, when my sister is in an accident, what you do? You're going to run and jump the gun. >> Sit down for me. >> No, I need my phone. That's what the husband right here. Yeah. >> So, so >> that that's my mom. >> Okay, cool. We don't want to sit in the car. >> No. No. Why didn't Why don't you sit me in the car? >> So, you want you going to calm down or do you want to calm down? Yes, sir. >> All right. You going to sit down right now? You going to sit down right there? >> I gave my phone. >> I don't care. You going to sit down right there or you going to sit in my car? Which one you want? >> WHICH ONE DO YOU WANT? I'M GOING TO SIT DOWN right here. >> THANK YOU. >> WE'RE FROM JERSEY, BABY. Get out. >> You want to calm down? All right. >> Okay. Yes. I just I don't care about my car. Those are my cars. >> They're going to come check you out. >> Can we maybe just like >> No, I'm not moving. Well, you're distracting us from assessing her and giving her medical card. So, you said I could get my phone, though. So, that's a law, right? So, let me get my phone. >> So, let me get my phone. That's a law. That's a law. >> Yo, Tori. >> Yo. Nah. Record that show on your >> That's a law. >> There's no law. You're detained right now. Okay. >> Yeah. Yours is safer to get >> No, I can sit here. I can sit here. I'm chilling. >> You You going to chill out? >> I just want to make sure she's good cuz I pay for everything. Just sit sit right here and we got we >> can you help me? >> Yeah, I got you. I got you. >> All right, ma'am. >> We need to find this gun cuz we don't want a gun. >> I don't have a gun. >> How come two people said you had one then? >> Well, baby, I'm the I'm the one that was asking >> and I don't have a gun. >> Okay. Where did that to carry one? >> Where did that come from? >> I don't understand. Cuz none of these popos was there in the accident. >> I didn't say the police. I said witnesses. >> All right. I don't have a gun. I'm sorry. I can't help you. Okay. So, here's the deal. You're on probation right now. >> I'm not. We're on. >> You might look me up. >> Okay. We're We're going to Where's your ID? Let's start. >> I don't have a ID. >> You got a Florida license? >> Yes, sir. I have it on my phone. >> Okay. We're going to find that out. >> 4160L. >> Okay. We're going to find all that out and we're going to get to the bottom of it right now. You're secured. All right. While we sort everything out. >> Listen, I pay for everything for her. That's my sister. That's my best friend. Her family lives in Miami. A truck hit her from the back and she flipped. >> Okay. >> So, if you don't understand that, so let me help you understand. >> Ma'am, we'll get to you in a minute. >> Right now, we're getting detained. >> Which So, what's that? 4160. What's that? >> I'll give you my ID number. >> Okay. 416. >> I need my phone, though. >> 4160. I've been in prison before. What's your name? What's your first name? >> Destiny. Destiny. >> I just came out of jail. Can I Can I like help myself? >> What What do you need? I can try to help you. What do you need? Don't Don't come out and >> I know that's another baby. I know that's another charge. I don't go I got money. What? >> Can you just clean me? Cuz I don't I'm phobia. I'm phobia with blood. >> I got you. I got you. Just can Can you Can you sit down right here on the curb? I'm going to help you. I'm going to help you sit down. I'm going to have the FD come over here and clean you up. Okay. >> Wait. >> Put your shoes on. >> Can I get my phone? >> Can you sit down? >> Can I get my phone? I know I'm not under nobody. >> Sit sit down right here. Go ahead. >> Sorry. >> I got you. Sit down. >> Sit down. What color Corvette are we looking for? >> What color was it, sir? >> You got Oh, you got a tag of it. You got the tag >> 63. Copy a tag and uh issue out a bolo for a silver Corvette. >> Florida tag 47 Delta Charlie Papa Yankee. >> And again, I just need to You saw You saw a handgun. What color was the handgun? >> Uh, black. >> Okay. >> She like she had it here and she and the other witnesses here. >> Who's the other Where's the other witnesses? Where's my gun? I don't know cuz people just showed up to help, right? >> Yeah, they all probably left. Well, these people were here. >> Uh, I don't recall seeing them there. >> I can tell you on on our arrival, I didn't see any weapons, but I did see the one you guys got cuffed yelling at whoever the driver of the Corvette was to leave. >> The subject disclosed she was on federal probation. Under 18 USC section 922 G5, persons under felony supervision are prohibited from possessing firearms. Her disclosure was transparent, but it narrowed the legal ground she stood on. She then began physically pulling away from the officer. That single act triggered Florida Statute Section 843.02, resisting an officer without violence. Florida courts hold that pulling away from a lawful detention, regardless of the subject belief about its justification, satisfies this statute. The fifth amendment protects the right to remain silent. It does not protect the right to physically disengage from a lawful stop. The appropriate remedy is compliance first and legal challenge second. A more serious issue then emerged. A firefighter on scene reported the subject had directed a silver corvette to leave before officers could secure it. That conduct falls under Florida statute section 918.13 tampering with physical evidence. Under section 918.13, tampering includes directing a person who holds relevant evidence to remove themselves from an active scene. This is a thirdderee felony carrying up to 5 years in prison. The charge rests on witness testimony, not body cam confirmation. The Miranda adisement required under Miranda versus Arizona 384US 436 1966 was eventually delivered, but it was fragmented, interrupted, and given in a high- noise multi officer environment. The Supreme Court addressed this in Missouri versus Cybert 542US600 2004. A Miranda warning delivered without a clear voluntary waiver creates suppression risk for any statements made afterward. That procedural gap should have been closed. Under Florida statute section 784.07, physical contact with an officer during resistance supports a harming a public servant charge. Combined with drug possession under section 893.13, the subject faced four counts total. >> Oh, really? Okay. I think she put the gun on the car before we together. >> I I may need I may need a statement about that. >> I appreciate it though. >> You're not You're not coming out of cuss right now. So just >> Well, I'm not detained though. >> Yes, you are detained. >> How do you want me to help you? >> This was also inside the car. So all that was in his ring here. Okay. >> Oh, that's my ring. >> Okay. Is this your bag? >> You going to sit down with me? Yeah. >> Listen, we could take the handcuffs off, but you were acting real. You were all over the place. >> That's fine. That's fine. >> That's my car. That's my father's call. That's her stepdad. It's my dad. >> Okay. Where's the Where's the >> Where's the Why are you talking to me like this? >> I'm Are you hammer drunk right now? >> No, I'm not drunk. I don't know what to tell you. I wasn't driving, so you can't do a DUI test. >> Stupid. >> Okay. Do you want them to check you out or not? >> Yeah. Okay. >> You can help me. >> I I I can't take you out of cuff right now. Do you want FC to check you out? >> Oh, I understand the procedure with MC. >> You want them to check you out? Yes. >> Yeah, they can. And you got to let go of me when they check me out. That's the rules. >> No, I got to make sure you don't play with me. Exactly. But you got to keep on No, those are the rules. So, let me know if you want to go without it or with it cuz I know my laws. >> You want to get checked out? >> Exactly. But I still need this. Uncuff me cuz I know the rules. >> I know the rules, baby. Tori >> Tori. Let me just take >> No, you got to do it without the car. You got to do it in the car. >> All right, baby. Then I can help. >> Who's going to go with her wife? She's >> That's my sister. >> Thank you. Your sister. >> Is she going? >> My blood transported vehicle one signal one. >> Okay. Okay. >> I'll take care of I'll go with her then. >> You got >> I never said I didn't. I want to get checked out, but you got >> Have you done that recently? >> Those are the rules. consent or anything. I don't have that last blood pressure like that. >> No, I'm bleeding, baby. I'm bleeding. I DRAGGED IN THAT CAR. >> OKAY. YOU WANT ME to check you out? Yes or no? >> Yes, please. >> Okay, let me check you out then. >> Hello. Can I You're getting checked out, remember? >> Yeah. >> Check me on the car. >> That's not a thing. You're You're making stuff up. >> No, I know the rules, baby. >> You're making stuff up. You don't know anything. >> Um, player, keep it playing. stuff over here. Did you check this? >> I did not know. >> Okay. So, go with You're going to go with the black go with black top. >> What you charging? You got resisting interfering with investigation right now. Right. >> Did you? >> Yeah. Um I was um mainly the officer safety. They said she came out with a gun. They said she was in a Corvette. And then I got another firefighter said he heard her tell the Corvette, "Go, go, leave, drive away from the scene." >> Regardless, based upon her demeanor here, charge her with interfering in my investigation cuz she's not being cooperative. She's not refusing to leave and charge her with resisting without violence. Okay. >> Uh, and what about um because she won't provide her information. Do we do is she required enough for witness for but for witness just for the crash investigation? >> Not for the witness because she's interfering here and she doesn't want to identify herself. We have enough for the charges. Okay. So, go charge her for this. >> Uh, he has my charge with that and I'll >> we'll do that part. That'll be concurrent. So, do 46 for that. I'm going to do mine for the T for my Jones is right here. >> Did she identify herself or not? >> I gave you all my info. I don't where it at. >> You said you said last name was V. >> Yes. I don't have my ID. He got my social. >> Your last name isn't just V. Okay. Let's see if we can charge me with anything. >> Well, we get to the bottom of it. Okay. >> Why? For what? I gave him all my last name and my first name. >> If she is any of those two things, then we need one of you in the back. >> And I don't have any like then you don't need to be back. >> I don't have anything. >> I'm here on vacation. I don't have anything. >> Are you guys keeping her bags getting transported? I shouldn't be getting transported because I didn't do anything. >> I could walk home. Don't worry about bring it there later. >> What's that? >> I could walk home. Like I can You're drunk. You're not walking home. I'm not drunk. >> I can smell the alcohol and beer on your breath. >> Amanda, you want me to clean or you want me to wrap it? I have some alcohol prep. You want me to clean it and then wrap it or >> All right. Cuz it might sing a little bit. All right. >> Destiny, your rights. Okay. Your right to remain silent. Do you understand? >> Anything you say, maybe you get you in court. Do you understand? You have the right to talk to your before and during my questioning. Do you understand? >> What's that? What? >> Yeah. >> Who? >> The officer that commands over you guys. >> He's It's Sunday. He's not in today. >> No, he he's supposed to >> My lieutenant is right here. That's the highest I got. >> Let me talk to him. >> Sure. You have a right to talk to lawyer for and during questioning. Do you understand? >> Just Just leave it there for now. >> Why you give me the car? >> What does he need it for right now? >> I do need it >> for your report. I We'll take care. We'll bring it there. >> We We can bring it there. It's it was a BNR report to somebody before I go in. >> You're right. Talk to the lawyer for during question. Do you understand? If you cannot afford a lawyer and want one, one will be provided for you before without questioning before charge. Do you understand? >> If you cannot afford a lawyer and want one, one will be provided for you before questioning without charge. Do you understand? Has anyone threatened you or promised you anything to get you to talk to me? >> Yeah. You >> I got this here now, right? >> Hey, so they're saying there was another Corvette involved. >> I have two Corvettes. I rent them out. I'm a renter. >> Okay. So, you own them. So, where's the other Corvette at? We need to talk to him. >> Find my name. >> But there was another Corvette that was here on scene. >> No, that was a renter. I don't I have been info if you gave me my phone. >> What car did you What car did you come out of? What car did you come out of? >> No, I'm not going to tell you cuz I'm going to go to jail for something stupid. And my bond is $100. >> What out of What car did you ride in? >> No. If I'm not going to jail cuz I shouldn't even be going to jail for no reason. >> But you won't but you don't but you're not answering my questions. You're interfering in my investigation. That's resisting. That's a charge. >> I sent her to get her out the car. Where'd you come from? What car? >> My own car. >> Where's that at? >> The lights. It's a Corvette. >> Where's it at? >> It's a Corvette. >> I need it here for the investigation. >> I was passenger. I don't own a license. I can't drive. >> That's fine. I'm not worried about I'm not I'm not doing a DUI. >> Can I get Oh, of course you can't. >> I'm not doing a DUI. >> You're going to charge me for something stupid. I didn't do anything. >> Well, you did a couple things. One one you told the silver car to drive away and leave. >> No, I didn't. >> I got a witness that says you didn't camera out because I didn't. And my lawyer was >> anywhere else on my arm. >> On your arm? You see a turn. >> Check in this one or the other one. >> Uh, no. Look over here. >> Cuz I dropped it out the car. >> I don't think there's any steps over here. >> Make your hair. Can I look back up in here? >> Okay, that's fine. >> I'm good. Yeah. >> Like, I wasn't doing anything bad. I just want my sister to be okay. I I travel. I'm from New Jersey. She's getting taken care of. >> I know, but I'm just scared right now. I'm a mom. I just became a mom. All right. Are you hurting anywhere else? Any chest pain? No. Any shortness of breath? >> No, but she has a hard murmur and she wanted to talk about it. Well, >> we'll take good care of her. All right. She's going to the hospital right now or professionals. We'll take good care of her. I guess she's going to be all right. >> All right. We're just making sure you're okay. Anything else I can do for you? >> All right. >> I just told my sister cuz she fall she fell in accident. I'm here to help. I'm not I I'm going to pay for whatever. They're trying to get all that figured out. >> But no, your officer is trying to take me to jail. You're You're black and I'm And I'm black. I'm from Jamaica. >> No, it doesn't matter. >> I wasn't doing nothing wrong, though. >> That doesn't have anything to do with this. >> Not Mr. Max. >> Just stay seated for now. >> No, >> you don't need your energy. >> You don't own me. You don't own me. >> Not that. >> All right. Yeah, you can. I take your money. You're a resident of Winter Park. No. >> Okay. You don't. >> All right. Go ahead and stand up. Okay. What? >> You're going to get searched. Okay. >> All right. I want to help you out. I want you. Okay. Yep. Now, we're going to take it nice and slow. >> Hold on. >> Okay. What are you doing? >> Okay. We'll help you out. We got two >> strong officers here. holding a plane on the exit. >> Now for grades, the primary officer receives a C+ under Graham versus Connor 490 US386 1989. We judge his actions from the perspective of a reasonable officer on scene with the same information. He showed restraint and never escalated to less lethal force. But the Miranda delivery was inadequate. Multiple officers engaged the subject simultaneously without a lead communicator and the evidence tampering charge was built on a single unverified account. The subject receives a C. She did not assault officers. She never fled and her probation disclosure was transparent. Those are real points in her favor. But physically pulling away from a lawful detention is a crime under Florida law. And the evidence tampering allegation, if proven, is a felony. Knowing your rights and exercising them without creating new charges are two different things. The field supervisor receives a B+. He responded when the subject requested a commanding officer provided clear charge guidance and did not overdirect. His one failure was not stepping in to correct the Miranda adisement before transport. Five lessons from this encounter for anyone who wants to understand how these situations actually play out under the law. Each one is grounded directly in what happened on this scene. Lesson one, corroborated witness reports clear the Terry threshold. One anonymous call does not. That distinction established in Florida versus JL 2000 is the difference between a lawful stop and a Fourth Amendment violation. Lesson two, physically pulling away from a lawful detention is a crime in Florida, regardless of your opinion about whether the stop is justified. Section 843.02 has no good faith exception for the subject. Lesson three, directing someone to remove potential evidence from an active scene, even verbally, can constitute felony evidence tampering under section 918. Point3, the gun does not need to be in your hand for this charge to attach. Lesson four, a Miranda advisement must be delivered clearly, completely, and with an affirmative waiver before custodial interrogation. A fragmented, interrupted field delivery creates suppression vulnerability that can unravel a case before it reaches a jury. Lesson five. Emotional distress is a human reality, but it is not a legal defense to resisting, interfering, or evidence tampering. Courts apply an objective standard to conduct, not a subjective one to the circumstances. She received 12 months of probation and was required to complete an impulse control class. No incarceration was imposed. That is a lenient outcome, but four charges on a record is a consequence that follows a person long after the scene clears. If this breakdown helped you understand how constitutional law plays out at the street level, subscribe to our channel for more legal analysis of real body cam footage. Drop your questions in the comments and we will see you in the next