I can smell the alcohol in the car. If you leave, >> if you leave, if you leave right now, you're going to get a plea charge. You understand? >> On March 31st, 2024, Easter Sunday, on South Dixie Highway in Lancaster, Florida, a DUI investigation raised serious questions about what probable cause actually requires and what it costs when an officer's procedure doesn't match the law. Make sure the bus hurt. >> Hello. >> You guys were all in in this car. Does anyone hurt? >> Yeah, my head hurt my neck right now. I hit my leg hurt. Yeah, I don't know, bro. Okay. Charlie Bob just 14. One of the passengers of the other vehicle is also complaining of neck and head pain. >> Who was driving? >> Me. >> You were? >> Yeah. >> All right. Everyone's got driver's license and everything available. >> Yeah. >> Okay. >> My driver license coming. I I left that in the house. >> Oh, they're bringing it to you? >> Yeah. Okay. Just have y'all have y'alls ready as well? He'll need it. He's got a doc. >> He's got Okay. Do Do you have an ID that's been issued to you? >> Okay, it's fine. He can he can run it. >> He's uh his advice is that the other driver's a passenger needs medical. >> What's going on, man? Sir, >> you guys passenger. >> He was driving. >> He's the one complaining of neck pain and stuff. >> I need everybody's ID. You have your ID, too? >> Are you Adelfie's brother? >> Who? >> Adelfie? No. >> You have your You have your ID, brother? >> It's coming. >> It's coming. >> Yeah. >> Is the vehicle registered to you? >> It's registered to me. >> To you? But he was riding? >> Yeah. >> And you're the owner of the vehicle? >> Damn. Okay. >> What's up? >> He said no. You know, you got to hold on now. The birth is st what? >> What's going on, Baba? >> Um, what you feel? >> No, my stomach. They flipping through the front of me. That's the reason I get hurt cuz I'm I'm done lying straight going through then they fliping and front of me. That's the reason I get hurt. Let's um >> let's get you guys out of the roadway. >> Huh? >> I'm going to get you and him out of the I'm going to bring you guys over here. >> Okay. >> So, we're not in the road. >> Okay. >> So, we'll just go over here on the sidewalk and then he can sit down on the grass if he wants to or something. Okay. >> No, no, no. Both of you are going to walk over here. >> Oh, okay. >> I just don't want you in the road. It's safer over here. You want me to check out? >> Yeah. >> What's going on? >> Um, he's complaining about his stomach. He said it's hard. I did not. >> Okay. >> Were you wearing your seat belt, buddy? To be honest, you're wearing your seat belt. Hey, did you pass out? >> What's hurting you? Show me where your finger is. >> Have y'all checked in yet? Sit on the ground. >> He was complaining about neck and head. They have going by going north into here. >> That's the sign. Okay. You change the line. You got to make the signal and the person behind of you going to know that you make the signal, right? To change. They did it, do they? >> Okay. >> They flip in the front of me and I'm driving through. >> Okay, now hold up. Stay right here. Okay. >> Yeah. Yeah. Yeah. He was going fast >> because what he's telling me is that he was going the same way you were going. Northbound, >> I mean southbound. And uh you guys were for what he's telling me, this is what I understand for what he's telling me. You guys were on the out lane which is the right lane and then you merge into the left lane and >> I was you were sitting right here. >> So you were just stopped over here. >> Sitting here for like 30 seconds every day. >> All right. >> I stop right here. Y'all live in here. >> Can you get your ID by any chance? >> All right. Just have a seat over there. I have to make some paperwork and then you guys be uh >> Yeah, man. Go on. >> You see, right? >> Yeah. Those those aren't his cuz they stop here and he's all the way up there. >> Yeah. Why are they going on the wrong side? Red people. There's one lane that's open. Well, maybe they'll block. >> What are they going to do? All right. Well, I'm going to save traffic so nobody gets Huh. I'm going to save you and make sure nobody gets hit. I'm going to tell all these people that are that are northbound to just turn around. All right. You're going to have to make a U-turn for now until we get this cleared up. Okay. Where you Where you trying to go? Where's your home? Okay, just a just a this lady at the front of the line is trying to get through the ocean, but she I'm pretty sure it should the front vehicle here. Oh, another truck stop. I feel like I should. >> All right, I'm going to get um >> I can move to the front. >> Well, it's both it's on both sides is the problem. >> All right, let me get her pull right up here. pull forward a little bit and just stop right up here. Okay. Yeah. Go forward just a little bit and stop. >> Wait, I have to go past. What's going on? >> Actually, hang on. Uh, put your car in park. Turn off the car for a second. >> Oh, no. That's not happen. >> Nope. Hang on. You can't Hey, you can't go anywhere. I can smell the alcohol in the car. If you leave, >> if you leave, if you leave right now, you're going to get a fleeing charge. You understand? >> Put the car in park. Put the car in park. Put the car in park. Charlie 5. Charlie 5. Show me 1050 with a possible signal one on a uh 65 or 28. Whenever you're ready. It's going to be Papa Bravo 4 Romeo Quebec. PB4RQ on a black Jeep uh SUV >> South Dixie and Lake View. I went to go tell her to turn around and I could like she just reeks of alcohol and she's slow speech. So, I'm going to do a signal investigation. I've got her keys. All right, do me a favor. Step out of the car. >> 100%. >> Huh? >> I will 100%. I'm so sorry. >> Okay, let's go. Let's get out of the car. >> I am, >> Charlie. All right. >> Okay. >> Hey, just working. I'm out with my vehicle, too. Their 107 just showed up. I'm >> sorry. Um, excuse me. I just >> don't I I was You told me you were crying. I was just asking why you were crying. >> Do you want to know? >> Yeah, that's why I'm asking. Yeah, >> because it's Easter and my boyfriend broke up with me today. >> I'm sorry to hear that. >> Yeah. Are you sure? >> I am. Do you have your driver's license? >> I do. It's right here in this. >> You asked me to get out of my car and >> I did and now I'm asking you to grab your driver's license. >> Yeah. Two different things. >> Yep. Sorry about that. >> Are you sorry? >> No. >> Wait. >> That's my supervisor. I just need your driver's license. Then we can then we can move on. >> Okay. Yeah. 100% we can. >> Okay. >> Perfect. All right. Now you can step out of the car. >> Thank you. Charlie 5. What was the name of the RL >> 26? >> Why did you slam it? >> I was just closing it. >> No, you didn't. You slammed it. Let's go over here to the sidewalk. >> Okay. >> I just wanted to get you out of the street. All right. >> Well, actually, you're heading into the street right now, which is >> Well, we've got we've got the street blocked. All right. We're going over here to the sidewalk. >> Thank you. >> Uh-huh. Step up there. All right. Now, I'm Officer Murdoch with the Lantana Police Department. >> I can't understand a word you said. >> I am Officer Murdoch with the Lantana Police Department. >> You are Officer what? I can't understand. >> Murdoch. >> Yes. >> With the Lantana Police. Officer Murdoch. If If you can't understand me saying it, it's it's here if you need to be able to read it. Okay. And the reason I have you out of your vehicle right now is because I could smell the uh the scent of an alcoholic beverage coming from your coming from your breath when I was talking to you. Okay. All right. With that being said, what I'm going to do now is I'm going to conduct a DUI investigation. >> Okay. >> All right. Because you're obviously operating. >> Did you ask me if I can have that done? >> If you could have what done? >> Did you ask me if I could have that done? Are you asking if I asked your consent to do a DUI investigation? I did not because I'm not >> Here's here's what I'm going to ask. >> But you didn't ask me for that. >> Okay. What I'm asking now >> what I'm asking >> that person right there. >> Don't worry about him. Look over here at me. What I'm What I'm going to ask you now is >> No. No. Did I do No. Number one, when we were here, did you ask me if I would be able to be >> conducted for that? That's what I'm asking now. >> No, you didn't ask that when I first got out of the car. >> Okay. >> And when you asked me for my driver's license, did you ask me for that? You did not ask me. >> Okay, I'm asking you now. Are you willing? >> No, but you didn't ask me that when I first got out of the car. >> Let me talk for a second. Are you willing to conduct some standardized field sobriety tasks? >> Yes, but you did not ask me for those things when I first got out of the car. >> Okay. But I'm asking you for them now. >> Do you have that on video? >> Everything's being recorded. I've been I've been live since the moment I made contact with you. >> Okay. But you did not ask me those questions. >> I'm asking you now. Are you >> But you did not ask me that. >> Okay. We can talk about that later. Are you >> No. No. We can I'm saying did you ask me that when you first for whatever reason even though there were all these traffic stops happening and there was that. Did you ask me that? >> Ma'am, I'm going to ask you one more time. Are you willing to conduct standardized field sobriety tasks? Did you ask me that when you first pulled me out of the car? >> You need to understand that if you were not willing to complete these standardized filt, >> I'm going to have to act off of what I already have on hand, which is that I can smell the strong scent of alcohol and beverages. >> Did you ask me that when we first pulled? If you are not willing to conduct the standardized field sobriety test, what I will tell you right now that I'm willing to do cuss and we're going to go to jail unless you're willing to take the standardized field soy task and dispel my belief that you were intoxicated. Are you willing to conduct these tasks or no? >> Did you ask me that before you pulled me? >> Did I ask you to do this before I asked you to step out of the car? No. The answer to your question is no, I didn't. >> But now I have to decide when you when you stopped. Ma'am, do you want to continue to tell me how to do my job or do you want to work with me? >> What would be the best way? >> The best thing for you to do right now is to cooperate and complete these standardized field sobriety tasks. They are there for you to be able to dispel my belief that you intoxicated. Because if you can show me that you're not intoxicated, you can drive on home. But if you're not willing to work with me, I have to work I have to go off of what what I've already established, which is I can smell the strong scent of alcoholic beverages coming from you. You've got slurred speech. Okay. You were a little unsteady getting out of the car. With all of that, right now, I have the belief that you're intoxicated. Now, I'm going to take you to the jail. Unless you're wanting to try and dispel my belief that you're intoxicated. So, are you willing to conduct these standardized field sobriety tests? Yes or no. >> Are you on a camera right now? >> This is recording right now. >> Okay. Yes, I would be willing to conduct the tests that you >> are requesting. >> I are requesting. >> Okay, you want to get those Okay, let's get those underway then. All right, so here's what I need you to do. I need you to stand with your feet together, hands down by your side, just like this. Okay. All right, put your feet completely together, toes together, too. Well, I mean that's a little tough because Are you in the same outfit I am in? >> I'm not in the same outfit. I do have a lot more I have a lot of extra stuff on though. >> No, this is harder. >> Okay. Would you be more comfortable completing these tasks with your shoes off? I know that those are those are heels. They've got you. >> Absolutely not. Because I am driving in this and that is my >> Okay. If I'm just offering I'm >> I want to ask you if you can do it with this. >> I can do Yep. Exact. I can. >> Can you do it with the heels on? >> I've never worn heels. I don't know. >> Well, that's too bad. >> So, here's what we're going to do. This first test that I'm going to ask you to complete is just a hor horizontal gaze of stagnas. All right. So, what I'm going to do is I need you to see, can you see this red light and the tip of my finger? All right. What I'm going to ask you to do here in a second is I'm going to start moving this light around. All right. I need you to follow with your eyes and your eyes only. Do you understand? Do not move your head. Do you understand? Do you understand? All right. I need a verbal yes or no. Do you understand the task? >> Do you understand the task? I actually can't watch a ver a light. Anyways, >> would you like to ask if I'm if I have spectrum or something like that? >> Okay, you're right. Let's let's ask some questions. What do you what do you do for a living? >> Teach people how to save themselves from drowning. Okay. You're like a You're like a swim instructor? >> No. Like if you died right now in the pool for 23 seconds. >> Mhm. >> You're a life-saving instructor. Okay. Um have you had any recent head injuries? Any uh >> No. >> No. No recent TBI, no um >> no >> concussions, nothing. >> No. Like can you stop touching your leg right now or cuz that's a >> Okay, fine. >> That's an autism thing. You have >> an autism thing? >> Yeah. >> So you're saying I have autism? >> No. Okay. All right. So, no head injuries. Has has a doctor ever told you that you have resting nestagmus or anything wrong with your eyes? >> Resting stagnatism with my eyes? >> Has a doctor ever mentioned that to you before? Have you Have you ever heard the phrase uh nestagmas? >> It's not the right word, honey. I'm so sorry. It's not the right word. >> What's the right word? >> A stigmatism. >> Okay. Okay. >> Okay. So it's a stigmatism and like >> Do you have a Do you have a stigmatism? >> I do. When when lights go like Yeah. And I wear I have contacts. >> You have contacts in >> and it bothers me when lights go like that like crazy. >> So you've never heard the word nestagmas. >> It's not a word. >> Okay. Um All right. So >> Okay. But I will definitely listen to everything that you're telling me. >> Well, then do me a favor. Feet together. Hands down by your side. >> I got it. >> Feet together. So, your feet have to be touching. >> They are touching. >> Okay. Hands down by your side. >> I got it. My >> Okay. Stay in that position until I tell you to move. All right. So, sorry. >> By your side. No. There you go. Perfect. All right. Now, here in a second, I'm going to start moving the slide around. >> A stigmatism. >> Okay. All right. >> That's what they're giving you. >> Okay. >> It's called a stigmatism. >> Okay. Thank you. So, what I'm going to do is I'm going to move the slide around. I need you to fall with your eyes and your eyes open. >> I'm trying. >> Okay. Don't move your head. You understand? >> I'm actually freezing. >> You're cold. >> Okay. But we'll try and get this over quick. Okay. >> Yeah. Sigmatism. And you're freaking me out because all of that is like follow the light. >> Okay. I'm so excited that you're great at this, but you're actually not. Like I understand like pupils and stuff like that and you're >> I need you to follow that. >> Okay. Sorry. I know you're following directions. >> It actually hurts my just driving. Sorry, I wasn't mean to roll my eyes. >> Do what? Oh, no. You're good. All right. >> I wasn't meaning to roll my eyes at that. It was just like Okay. All right. So, before we get on to this next task that I'm going to ask you to perform. Do you have any issues that would prevent you from walking in a straight line? Any kind of lower uh lower extremity issues? >> Yeah. >> Okay. So, what issues do you have? >> 100%. Like my back is doesn't even work. >> Okay. Would it prevent you from walking in a straight line? >> Yes. >> Okay. So, are you willing to conduct the walk and turn task or no? >> I don't even know what that is. >> Okay. I can demonstrate to you. All right. >> I'm so tired. It's so cold. >> Okay. All right. I'll try and get this over quick. Okay. So, what I need you to do is imagine Oh, imagine a straight line from your feet straight forward. Can you imagine that line for me? >> Can you draw it for me? Can I draw it for you? >> Yeah. >> Give me just a second. Hey, Sarge. >> Yeah. With like some >> Sarge, do you have any duct tape in your uh car or anything to >> to lay a line? >> Yeah. I need an And can you do that with me and shoes so that I You actually need for you to draw me a straight line. >> You need a straight line draw. Use this line. >> Okay. Can you >> No, that's not a straight line. This this white line on the road is not a straight line. >> I mean, I can do it, but that's not a straight line because my car is right there and it's on a hill. So, like, if you want to talk about a straight line right now, that's not exactly a straight line. >> Would you be willing to use this or would you rather imagine a straight line? I'm trying to give you every opportunity I can right now. >> I understand, sweetheart, but I'm saying if you want to prove something that's not a straight line. >> Okay. Do you want to use >> because that's not a straight line because there is gravel >> and this is a solid white painted straight line. >> That's not a straight line. >> Do you want to do you want to use the Do you want to complete this task or not? >> I want you to prove a straight line. >> This is a straight line. We can debate. >> I want you to put a chalk >> I don't have chalk available. I don't have anything available. >> Then show me what a straight line is. >> This is a straight line. You can either use it or not. I'm I'm giving you the option to use this line or not. Do you want to complete this task? Babe, do you want to prove a straight line or not? >> Do you want to complete this task? Because this is the line we're going to use. If you don't want to use this line, then we're not going to complete the task. I'm gonna put it in my phone. >> I'm gonna put it as a refusal. >> Uh, then do that and then get a video of >> So, you don't want So, you don't want this line. You don't want to do the walk and turn. >> Good. >> I'm saying to you, do you want to complete this or not? >> I want to complete this. Do you want to complete this? >> I do. Are you going to tell me I'm going to pass it or not? this. I need you to use this. >> Just tell me I'm like a passer. >> I don't know. I need you. It's not a pass or fail, but I need you to come. >> It is a pass or fail. I I'm a scientist and like I'm like >> Okay. >> Do you want me I'll get my phone and film it? >> Ma'am, do you I'm I'm giving you every opportunity I can. You're not going back to your car right now. >> Why? Why can't I go back to my car? Because you're the boss. >> Because right now we're under We're doing an investigation. So, you're not entering your vehicle. >> Okay. >> Do you want to use this line or no? So, give me a give me a computer that shows me. >> I don't have a computer level. Okay, let's let's forget the wall concern. Let's Let's forget the wall concern cuz you're not going to comply with that. All right, face me. >> Face me. >> One last another task I'm going to have you complete. >> It's called the one leg stand. Okay. So, what I need you to do is put your feet together, hands down by your side, >> stay in that position until I tell you to move. Do you understand? >> Yes. >> Okay. So, for this next task, like I said, it's called the one leg stand. What I'm going to have you to do when I tell you to start is you're going to take whichever foot of your choice, left or right, you're going to hold it about 6 in off the ground. Okay? And you're going to count like this. 1,00 1,002 1,003 and so on until I tell you to stop. >> Wait. So, on is that like 1 2 3 4 How many seconds are we doing? >> Until I tell you to stop. 1 2 >> It's going to be 1,00 1. >> Okay. >> 1,002 1,003 and so on until I tell you to stop. Do you understand? >> So, you're the boss. >> Do you understand the task that I'm giving you? >> No. Because you said one and two and three and then you didn't give more instructions past that. >> Okay. What do you not understand? >> How many seconds am I doing it for? >> Until it until I tell you to stop. >> Oh, okay. So like until you're the boss of when >> are you understanding the task or not? >> Not really. >> Okay. >> Can I have more? Can I have like one two >> How high do you need me to count for you to feel comfortable? >> You're the boss. >> Well, I'm asking you. I'm trying to I'm trying to work with you. I'm giving you the instructions. Okay. And you're asking questions. I'm trying to help you out. >> Great. So, we're trying to figure it out. Okay. So, what are you not understanding? What part can I help you with? >> The exact instructions. >> I've given you the exact instructions. >> You're not. You said 1 2 3 4 and then you were like after that. >> The instructions are that you count >> how many? >> 1 2 until >> 1003 until I tell you to stop. >> Oh, that's weird. >> It's the way the task goes. Are you wanting to complete it or not? >> Well, that sounds tough. Like, that sounds like the hardest instructor ever. Like, tell me. >> I'm not going to have you with one leg up for 5 minutes. It's not going to be that long. But that's the >> Well, tell me the truth. Tell me what I have to get you and then I'm ready. >> Okay. When I'm complet, you know, like when you're an instructor. >> Okay. When I'm completing this task, I'm going to have you with your foot up for 30 seconds. >> Give me 30 seconds. Can you do 30 seconds? >> I'm asking you to complete 30 seconds. Okay. Are you >> I'm asking you. >> Okay. Are you want to go? Yes. I'm asking you because this is an opportunity for you. Are do you want to complete this task or not? >> I will try. >> Okay. So, what I need you to do >> but because of that because 30 seconds is tough. >> Okay. So, what I need you to do is put your feet together. >> I want to see if you can do 30 seconds. >> Feet together. Hands down by your side. >> Okay. When I tell when I tell you to start, >> you're going to lift your foot. >> 100,002 100,004 1005 1006 1007 1008 1009 1,10 and so on. Okay, put your foot down for a minute. >> I mean, >> you're going to lift You're going to lift your foot approximately 6 in off the ground. All right, while you're completing this task, don't start yet. A so hard just to be >> while you're completing this task. >> Even if I was doing yoga with you right now, this would be tough. You're making me so stressed out. >> Okay. I'm trying to I'm trying to give you an opportunity and explain everything to you. Okay. >> I'm so sorry for your instruction about this. >> Do you understand the task or No. >> No. >> Okay. >> I don't. I need you to swing it in more. I need you to give me more instruction. So, you got a four-wheeler coming up? >> Yeah. I hope he hits my car. And I really hope it's no matter what. >> I'm not I'm not >> I'm protecting myself. >> Hi. You can come back over this way. >> They're gone. >> Put me to it over here cuz I feel I feel that that's dangerous over there on the road. >> Ma'am, we're going to conduct the tasks here or we're going to go. >> I Do you want to conduct the wall? Do you want to conduct the one leg stand or No. >> Can we do the one leg stand, I guess? Like the one leg stand? >> No. It is conducted in a standardized field sobriety task. Standardized means done the same way every time by everybody. So >> get it. Sorry for you. >> Do you want to complete it or no? >> Yes, I'm completing it. >> You almost did it. >> Feet down. >> You know what? It's easier in your sneakers. >> Okay. That's why I asked if you would feel more comfortable taking your shoes off. >> No, I wouldn't have my feet up on here. >> Okay. >> Have you tried to do it in these shoes? >> Without shoes? Have I Have I done this without shoes before? Liar. You come on. You >> I didn't even answer your question. >> I know. >> Anyway, okay. >> I know. >> Are you Are you want to conduct the one leg stand or no? >> Mhm. >> Feet together. >> Hands down by your side. >> Yeah. >> When I tell you to start, you're going to pick whichever foot you'd prefer. Left or right, does not matter. You're going to pick up. >> Wait. Before you said left, >> I said left or right. It does not matter. You're going to pick it up approximately 6 in off the ground. You're going to count 1. >> That's not 6 in. That's like 1 in. >> Okay. >> While you're completing this task, if you choose to do so, >> you're going to get Did we get distracted by a train? >> No, I did not get distracted by a train. You got distracted by a train. >> Oh, you just >> Okay. When you're completing this task, what you're going to do is you're going to keep your foot lifted, your toe pointed. You're going to look down at your point your toe. You're going to look down at your foot and you're going to count out loud shaking. >> 1 2 >> 2 1 3 1 100 4 1 >> Hands down by your side. >> Oh, I'm sorry. >> All right. I didn't tell you to start. So, put your foot down. >> Oh, you didn't tell me to start. >> No, I said wait till I tell you to start. >> Oh, boy. A honey. >> Are you Are you ready to start the task? >> I'm ready to start the task. >> Feet together, hands down by side. Come on, babe. Like this is it. >> Together by side. >> Six. >> You want to check it now? >> Tell me what were the exact instructions cuz you didn't give me any. >> You're going to point your toe. >> I can't point my toe. >> Look down at your foot. >> I can't point my toe in this shoe. It's impossible. It's impossible to point my tongue. >> All right. Well, then we'll just not do the task. Okay. >> All right. >> I mean, come on. All right. I I I can't. I'm This shoe does not >> That's why I'm asking if you're more comfortable taking them off. >> I'm not taking my shoe off. Are you comfortable taking your shoe off? >> I'm comfortable completing the tasks in these shoes. >> If you're not comfortable, >> Well, point your toe in that shoe. >> I did. If you're not comfortable complaining, >> I pointed my toe in that shoe. >> If you're not comfortable, >> four, five, six. >> Do you want to win something? Like >> win something? No. >> Yes, you did. Like 1 2 3 4 5 6. Come on. 1 2 3 4 5 6. I'm getting distracted by a million things. Your car is >> My car is what? Yeah, >> there a bunch of guys walking around. Okay, >> you want to try to conduct this task or not? >> Yes, I'm doing it. 1 2 3 4 5 6 >> Put your foot down. >> 1 2 3 4 5 6. >> Put your foot down. >> What? >> You cannot start the task until I tell you to start. >> Oh my god. >> When if you are ready to start, let's start now. >> Oh my god. You guys get the uh your clicker for that car. Mhm. When is this 6second thing on your eye eyew watch? >> Are you ready to start now? >> Yeah. 1 2 3. Go ahead and begin. >> Close enough. >> Continue. >> That was 6 seconds. >> I didn't say it was 6 seconds. >> All right. When does When is the 6 seconds start? >> All right. Do me a favor. Go ahead and turn around. >> Turn around. >> No. >> All right. You're under arrest with >> Under Florida statute section 316.193. Driving under the influence means alcohol has impaired a person's normal faculties, including the ability to see, hear, walk, talk, and respond to emergencies. A traffic stop is not required to begin a lawful DUI investigation. If an officer is lawfully present at a scene and personally observes impairment indicators, reasonable articulable suspicion is established and the investigation is legally on. The subject asked whether the officer got her consent before ordering her out. Under Illinois v Cabalis 543US 405 2005, an officer conducting a lawful investigation does not need the subject's permission to proceed. The order to exit was independently lawful under Pennsylvania v MIMS 434US106 1977 which held that officers may order a driver from any vehicle during a lawful stop or investigation as a routine safety measure. NHTSA establishes three standardized field sobriety tests. The horizontal gaze nestagmas, the walk and turn and the one leg stand. These are a validated scientific protocol and deviation from that protocol has direct legal consequences at trial. On the walk and turn, the officer allowed the subject to debate the testing surface for several minutes. NHTS, a protocol does not require the subject's agreement with the conditions. That debate created ambiguity, and in a courtroom, ambiguity favors the defense. The one leg stand was improvised rather than delivered from the standardized script. The 30-cond duration was disclosed mid instruction. The test was never cleanly completed, and that record alone cannot establish impairment beyond a reasonable doubt. Florida statute section 3 16.193 permits arrest without completed field sobriety tests when observed indicators are sufficient, but a prosecution without clean FST results rests almost entirely on one officer's subjective testimony. The arrest is measured against Graham v. Connor 490 US 386 1989 which requires force to be judged from the perspective of a reasonable officer on scene. The handcuffing here was proportionate. No excessive force issue exists. A search incident to lawful arrest is constitutionally valid under United States v. Robinson 4 US 2181973. But Florida guidelines call for a same-sex officer to search intimate areas of a female subject where practicable. The subject requested a different officer and expressed on camera that she felt unsafe. When a female officer stepped in, she immediately cooperated. That transition was available from the start. 10 minutes of discomfort should not have been required to make it happen. The charge of refusing to sign the citation falls under Florida statute section 318.14 subsection 2, a secondderee misdemeanor, entirely separate from the DUI charge. These are two distinct legal tracks and must not be conflated. >> Ma'am, don't start this. >> Oh my god. Sorry. >> I I didn't do anything. I did nothing wrong. >> Stay there. >> I did nothing wrong. He just arrested me for nothing. >> He grabbed my He grabbed my hands for nothing. I did nothing wrong. It's >> all being recorded. >> All I did was stand there and uh put my >> And I have my bracelet that was dropped right there. >> Yeah. there for you. >> All right. Do you want this jewelry to come with you to the jail or do you want to leave it in your car? >> I want I >> You want to leave your car? You want >> No, I want my jewelry. >> You want to bring it? All right. >> I I don't multiple times. You got the keys to the car, right? >> We're going to need those. >> Show me one more female. 1050. Get a 1070 start. >> Where'd you over there? Can you please I didn't you? >> No. >> This way. >> Okay, ma'am. Go with Officer Murdoch. >> Are you going to make me ma'am? >> I did. Come on. Come on, man. I'm not a mad person. Heat. Heat. Is that mine? >> Yeah. >> Where's my It's right here. >> Where's my carabiner? >> Huh? >> My carab. Stop. Stop pulling. I'm going to charge you with resist. Let's go. >> I need to stop it. >> Just walk. Send her right here. I got to find her. >> No. Hey, just quickly. >> Don't worry. We're going to bring your stuff with you. Okay. Bring your stuff with you. Okay. >> No, I'm not worried. I mean, that's Oh. Please grab my purse. >> Your purse is right up there. It's going to go with us in the jail. >> I'm sorry that I didn't say whatever you wanted me to say. >> It's not about saying anything. >> Yes, it is. >> Listen, I'll explain it all to you. All right. Face the vehicle. Five. Go ahead. Face the vehicle. >> Spread your feet. Spread your feet. All right. Now, do you have are there even any pockets on this dress at all? Ma'am, come over here. Spread your feet. >> I'm sorry. Don't want to get raped. >> South Dixie and LA. >> All right. So, um, >> no pockets on the dress or anything, right? >> All right. I'm not going to I'm not going to move it or anything. Do you have anything in your bra? Like cash, uh, anything? >> Okay. All right. I'm going to take these necklaces off of you. Put them in your purse. >> Ma'am, stop pulling away from me. >> I'm not going to break it if you hold still. I can I'll take this one off. You know what? >> I'm not going to break it. Just don't move. Okay. >> Okay. >> Yeah. Just like a break. >> No, I'm not breaking. Just don't know. >> Oh, no. Thank you. Like >> everything's going to come off. >> You don't have to. These these have to slip off after >> once the cuffs are off. >> Can you take it off after? >> Yeah. Afterwards. >> Yeah. Can you do it here? >> Take another one away. >> Get the hair tie. >> It's not the hair tie. Can you um I'm not trying to resist at all. >> You're going to have to You're going to have to cut this so it hurts. >> Hang on. >> No, it's not hanging on. Don't break it. >> I'm not breaking it. You are okay. >> You won't be able to take that one out. >> Hold still. I swear to God, I'm not trying to do anything. >> Just relax for a second. >> Sorry. 1482. >> That's really important to me. >> Please don't. >> It's right in there. Right in there. >> Yeah. Please don't. >> All right. How do these ma'am? The earrings have to come out. Well, I can't because you're not sh I have I have these things on my arm. >> Please don't break. >> I'm not going to. If you'll hold still, I won't break them. >> If if if ma'am if you hold still please stop. Uh can the officer can this officer help? >> You want this officer to grab him? >> Yeah, because he's >> he is a lot nicer than I am. >> I hold on. Okay. Okay. I promise him he'll move. Can you make sure that this man doesn't touch me because I feel really uncomfortable? >> Yeah, you guys can go. >> Thank you. >> I'm really uncomfortable with that officer. >> You uncomfortable with me? >> Um, >> turn around. Turn your face down so I can take you. >> Yeah, I'm really uncomfortable with that officer. Like, >> apologize. >> No, he's holding me so much. I'm really uncomfortable. I'm not resisting >> in any way. >> When you when you when you do things that make you make that I'm not resisting. You're resisting. Okay. >> All right. Hop in. All right. Come on. Have a seat. Just Just have a seat. Have a seat. >> He's pushing me >> cuz you're not moving. Have a seat. Sit down. >> He's super official with assistant. Okay. >> Okay. I understand what you're saying, sir. >> Okay. Just do what you say. >> S. >> Yes, ma'am. >> Thank you. >> No problem. >> I wasn't holding anything. Officer Santana, thank you. No problem. >> I feel very like this is nothing. >> Officer Murdoch receives a C++. His probable cause was solid and his use of force was appropriate. But FST administration deviated from NHTS, a standardization in legally significant ways. His language was unprofessional and his search procedure created unnecessary exposure. The subject receives a B. She demonstrated genuine legal awareness. Her request for a same-sex officer was legally sound and effective, and she complied without escalating to physical resistance. The prolonged testing debate cost her by creating a record of non-ooperation. Officer Santana receives an A minus. She stepped in when requested, completed the search professionally, and produced immediate deescalation. The subject went from expressing fear to thanking that officer by name. The deduction reflects the delay in making that transition happen sooner. Here is what this case actually teaches. Drawn directly from what the law says and what 40 minutes of body cam footage shows. Lesson one. Reasonable articulable suspicion does not require a traffic stop. When an officer is lawfully present and personally observes impairment, the investigation is valid from that moment and the subject's consent is not part of the equation. Lesson two. Field sobriety tests only protect the prosecution if administered correctly. An officer who improvises NHTSA protocol hands the defense a ready-made challenge. Standardization is the evidentiary foundation of a DUI conviction. Lesson three. If you believe you are sober, completing the tests is in your own interest. Arguing about the conditions creates a record of non-ooperation. The time to challenge procedure is in court, not on the roadside. Lesson four. You have the right to request a same-sex officer for a search. Asserting that right clearly and calmly on camera is not resistance. It is a procedural right and exercising it can materially change how that moment plays out. Lesson five. A lawful arrest and a winnable prosecution are not the same thing. Without completed standardized field sobriety tests, a prosecution rests on one officer's word. That is a fragile foundation to carry into a courtroom. The law does not guarantee clean outcomes. What it guarantees is a record. And in this case, that record is 40 minutes of body cam footage that a judge and a jury can evaluate for themselves. If this breakdown was useful, subscribe to our channel for more legal analysis of police interactions.