Get out of the car. >> Hand me the keys. No. Don't do that. No. >> Um excuse me, sir. >> Don't do that. I said get out of the car. >> Excuse me, sir. Do you want to try to do that without me >> This is what This is what we're going to do. Get out of the car right now. Step out. You ready? 1 2 3 step out before I rip you out. >> Come on. >> Step out right now before I rip you out. Last chance. I'm going to rip you out in 3 seconds. Get out of the car. >> right now. >> Get out of the car. Get out of the car. >> Get out of the >> Keep pulling her out. I got her. Traffic traffic. >> On August 23rd, 2023, a Shelby County Sheriff's Deputy in Tennessee made a traffic stop that became a precise demonstration of what happens when a driver's choices, not the officers, determine the outcome of an encounter. The stop began with a red light violation, a clear offense under Tennessee Code Annotated Section 55-8-110. That single observed infraction is all the probable cause the Fourth Amendment requires. >> Hello. How you doing? I'm Dep- >> I'm sorry. I have to pee so bad. >> Okay. So, I'm Deputy Gank with the Shelby County Sheriff's Office. The reason I'm stopping you is you blew the red light. >> I know. >> You could kill yourself or somebody else doing that. >> I know. Yeah. >> Cuz although this is red, right, it doesn't look like there's a lot of things going on or that car was stopped there. Meanwhile, you have someone who's elderly or doesn't react as well as you, and they see a green light, and they're going 45 through here, and you get T-boned. >> Mhm. >> All right. Do you have your license with you? >> I do. I'm sorry. >> Where are you coming from? >> I am coming from >> From where? >> From where? >> How much were you drinking today? >> One drink. >> One drink? Your car doesn't look like it. You got a whole bunch of open containers back there. >> that's mine. What's in your hand? You got cocaine in the car or what is that from? >> No, I do not. You are more than welcome to >> All right, that's fine. I'll have you get out for a minute if you don't mind. That's okay. Is this your car? >> It is. >> All right. >> It is. >> Where do you work? >> Applebee's. >> All right, all right. There's nothing illegal on you, got any pockets or anything like that? >> No, I have no pockets. >> Okay. How much did you actually have to drink? I was worried today. All right, it's dangerous for yourself. What did you drink? >> Water. >> Water? You just now you just said a second ago there was tons of open containers in the back of the car. >> Yeah. >> So. When did you leave Applebee's? >> Hours ago. >> Okay. All righty, so you're just going to go to the bathroom now? Okay. There's nothing illegal in this vehicle you're saying? >> No. >> Is it okay if I took a look through it then? >> You can. >> Okay. >> You can. >> All right. Those aren't going to be like cold when I touch them or anything, are they? >> What? >> They're not going to be cold when I touch them? >> No. >> Okay. >> No. You can touch them. >> All right, but what were you actually drinking over there? >> What? >> What were you actually drinking over there? >> Oh, where? >> You said you were drinking at work. You said you work at Applebee's. >> No, I did not say drinking at work. I said I had a >> You got a drink at home? And you're coming from work. You had more than a drink. >> I got off of work. And I was going home. >> Okay. So, you're coming from home right now? Coming from work? >> I got off of work. >> So, where are you coming from? >> I'm coming from work. >> Okay. >> From somewhere in between of work and home. >> So, you got off work, and then you're coming from somewhere that you went to. >> off of work. >> Why are you showing me that? >> Where I got off. >> I didn't say where you were going, you were going to jail. That work? You got your wallet? >> Mostly the dogs that called on me. >> Well, why would I take you to jail? >> Cuz I already know. >> Why would I take you to jail? >> Cuz I already know. >> Know about what? >> Cuz let's just cut some cake. >> Well, look at me. Why would I take you to jail? >> You already know why. >> I don't. I don't know why. >> I don't know. Because you see that you can you can feel them. None of them are cold. None of them are cold. None of them. >> You are pretty reacting kind of slowly, though. Now that you had more than one. What were you drinking? Well, I'm a little concerned about your ability to have been driving and to drive today. From what I've seen so far. >> Yeah. >> Okay. And from some of the statements you're saying as well. So with that being said, in order to alleviate my suspicion of your impairment, would you participate in a series of field sobriety exercises? >> She says she's going to do FSDs. Go ahead and start. You got a good line right there. >> Yeah. >> But what's your Let me see your hand. You were painting today? >> No. >> What is that? >> I don't know. >> Huh. All right. It's on your finger? Oh. Here, one second. >> No, you cannot. >> Hang on, one second. One second, one second. Why can't we shut the car off? >> Because you do not own the car, I do. >> I was just trying to save you some gas, that's all. Nope, nope, nope, nope, nope, nope. >> No, I won't. And I will No, I'm calling my uncle, >> No, you're going to shut the >> lawyer. >> Okay. >> my uncle lawyer. >> Just stand out here and wait, all right? He's probably going to tell you to just listen to us. Yes. >> No. >> Yes. No, don't get in the car. Get out of the car. Get out of the car. >> Hand me the keys. No. Don't do that. No. >> Um excuse me, sir. Excuse me, sir. Excuse me, sir. Do you want to try to do that without me calling >> what This is what we're going to do. Get out of the car right now. Step out. You ready? One, two, three, step out. Get out or I'll rip you out. Come on. Step out right now. Get out of the car. Last chance. I'm going to rip you out in 3 seconds. Get out of the car. right now. Get out of the car. Get out of the car. She's pulling away. I got her. Traffic, traffic. Get out of the car. I got her. She's got >> You're done. You're done. You're done. You're done. You are done. >> Just leave it right there for now. >> No, you're done. >> You can stay right there. >> When the deputy detected alcohol odor and observed open containers, Dunns expanded. Under Illinois versus Fife 543 U.S. 2005, independently observed criminal activity lawfully widens the traffic stop without any additional warrant requirement. The open containers alone constitute a stand-alone offense under Tennessee Code Annotated Section 55-10-416. Possession of an open container in the passenger is a strict liability. There is no intent element to argue. The order to exit the vehicle was not optional. Pennsylvania versus Mims 40106 1977 establishes that any driver may be ordered out of a lawfully stopped vehicle for any reason without additional justification. The subject's voluntary statements carried full legal weight. Under Berkemer versus McCarty 468 U.S. 420 1984, roadside questioning is not custodial interrogation. Miranda does not apply. Every word spoken at that curb is admissible. When the subject reentered the vehicle after a lawful a separate criminal act, Tennessee Code Annotated Section 39-16-602 defines resisting a lawful stop even without physical violence as a criminal offense. Before making physical contact, the deputy issued repeated verbal warnings. Under Graham versus Connor 4399 386 1989, force is judged from the perspective of a reasonable officer at the moment of the decision not in hindsight. The extraction falls within soft empty hand control, the lowest tier of hands-on force. No weapon was deployed, no strikes delivered. Given active resistance during a DUI investigation, that application of force is objectively reasonable under Graham versus Connor. The subject gave verbal consent to search the vehicle. 412 US 218 1973, voluntary consent is a recognized Fourth Amendment exception. Once she agreed, no warrant was needed and the evidence was lawfully obtained. One tactical note, the deputy identified the substance on the subject's hands as cocaine before any lab confirmation. Best practice requires neutral language on camera until testing is complete. Premature conclusions invite credibility challenges at trial. Deputy Gang receives a B+. The stop was legally clean though and the force was proportional. The grade falls was lowered as the premature cocaine identification so camera insufficient perimeter control that allowed the companion to interfere with the vehicle. The subject receives a C. She had the right to remain silent and to request an attorney. She used none of those rights. Her contradictory voluntary statements built the prosecution's case and reentering the vehicle added a resisting arrest charge on top of the DUI. The Shelby County Sheriff's Office receives a B. The overall search was called followed and backup arrived promptly. The department loses points for the scene management gap that allowed third-party interference during the investigation. As for the outcome, DUI and resisting arrest without violence, 50 hours of community service, a 1-year license suspension, an ignition interlock device for 1 year, 10 days of vehicle impoundment, and MADD DUI classes. >> Baby. >> All of you. >> Oh, it's cocaine. What's cocaine on your hands? >> Now you've really done it. You still screwing up? >> What? Let me see IT. >> YEAH, HIT MY UNCLE. HIT MY UNCLE. >> YEAH, BUT NO, this is This is Now YOU'RE REALLY DONE. NOW YOU'RE REALLY DONE. NOW YOU'RE REALLY DONE. >> HEY, COME ON. >> NO. NO, NOW YOU'RE REALLY DONE. >> 1 2 3 we're standing up. All right. >> Get my uncle now. Get my uncle now. No. >> Come on. Hey, I already got to rip you out of the car. Come on. >> You're liar. You're a liar. >> Stand up again. >> YOU'RE A LIAR. You are all liars. All you are liars. >> cocaine on her hands. She was drunk and ran THE RED LIGHT. WE WERE SITTING THERE FOR LIKE >> LIARS LIARS LIARS >> I WENT TO GO PUT >> LIARS >> NO, NO, I JUST want to I JUST WANT TO MAKE SURE THEY'RE all capturing this on a video of how she's acting. >> liars >> She said take me to jail already, but I was just standing THERE WITH HER. >> LIARS >> HEY, why are you shouting? >> Cuz you are liars cocaine I wish All you are liars, you are liars You are liars. Yes. liars cocaine you are liars, you're liars. liars Oh. liars >> You're a liar. >> liars >> [screaming] [snorts] [screaming] >> Oh. >> [snorts] [screaming] >> You can smell her, too, right? >> I can smell her. Yeah, I smelled her coming up here. I don't think I would have smelled her. >> I wouldn't even get 10 ft near her. It's pretty cold to the touch. Simply Spiked Kiwi Peach, 5% alcohol for 12 fl oz. 1 2 3 and Angry Orchard. >> They're the time. >> Yeah, 5% alcohol. All right. You have anything in, on, or around your person? If we get to the jail and you have it on you, it'll be a third-degree felony. >> Okay, what did you put in my car? >> I didn't put anything in your car. >> Okay, so what did you just bring to this car out of my car? >> Your purse, so you can have it. >> Okay, I want to talk to Bill >> The sheriff? >> The sheriff. >> He'll be sleeping right now. >> I don't care. >> But you >> And I want to talk to Bill >> Hey Jessica, real quick before >> No, I want to talk to Bill Cameron the second I get to the office. >> They're not going to let you do that. >> Oh, try me. I want to talk to Bill >> Anything illegal on your person? >> Nothing. I want to talk to Bill the second I get to the I want to talk to Bill the second I get to the jail. I want to talk to Bill the second I get to the jail. I I to talk to Bill the second I get to the jail. And I want my car very much placed in a very nice manner. >> Oh, it's getting towed. >> Oh, I know it's going to be towed, but I want it towed in a very gentle, watered area. I want to talk to the second I get to the jail. >> You can put the seatbelt on. >> Thank you. I appreciate that. I want to talk to the second I get to the jail. >> I can't do anything about it right now. >> I want to talk to the second I get to the jail. Thank you. >> You're good. >> This hurts. >> What hurts? >> This. >> What's the this? The handcuffs? >> Yes, like being stuck on them. >> You mean being in there? >> No, not being in there, but being stuck on top of them. It is like hurting my wrist. >> How are you Why are you stuck? Because of the way the seat is? >> Yeah, there's I mean I'm literally just like leaning on them. >> Well, I mean, it's not supposed to be comfortable. >> Yeah, the second I get there. >> Okay. >> You see that on camera? Yeah. >> Is the camera on the camera? Is the camera on the camera? >> Well, then I'm glad. >> This case produces a clean set of lessons, not because anything extraordinary happened, but because the same mistakes repeat in body cam footage across the country week after week. Lesson one, a traffic violation is full probable cause. A red light is not a technicality. Is a lawful basis for a stop and everything legally discovered from that point forward is admissible. Lesson two, roadside statements are admissible without Miranda. Contradicting yourself about when, where, and how much you drank does not raise reasonable doubt in a jury's mind. It removes it. Lesson three, reentering a vehicle after a lawful exit order is a crime. Tennessee Code Annotated Section 39-16-602 does not require the driver to agree with the command. It requires compliance. Lesson four, verbal warnings before force are documentation not courtesy. The deputy's countdown created a record of reasonable escalation that directly supports the officer's legal defense in any subsequent civil or criminal challenge. Lesson five, the body camera is the most neutral witness available. It does not editorialize. When the subject said she was glad the camera was there, she was right because that same footage became the foundation of her conviction. The stop was legal. The orders were lawful. The force was proportional. What made this encounter consequential was a sequence of decisions made by the driver, each one compounding the last until a red light citation became a criminal record. This analysis was useful. Let us know in the comments which part stood out. 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