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You all right back here, man? Wake up. Wake up. Hey, wake up. When the last time you used, man, last night. You need to be honest with me now. Do I need to get medical attention out here? Huh? Hey, talk to me. Wake up, man. I'm going to put a Narcan up your nose. All right. Do you need a Narcan? You need medical? On November 26th, 2025, an officer in Georgia stopped a car after a tag check flagged invalid insurance. And the encounter tested nearly every rule governing stops, searches, confessions, and blood draws. >> How you doing, man? Pretty good. >> Officer Smith, State of Police Department pulled you over cuz you ain't got no insurance on your car. >> Oh, it doesn't? >> Yeah. I mean, I'm not sure you got proof insurance. >> I can pull it up. I can pull it up. >> It may. >> What's your name? >> Caleb. >> Caleb. So, don't you got a protection order against him right now? Oh, it's nonviolent. >> Yeah, it's nonviolent contact. It's not >> We went to court and they said nonviolent contact. >> Okay. >> Well, I just I need your insurance information. What kind of insurance you got, Hugo? >> You nervous as hell right now, man. Why you shaking? >> I'm scared because he's he got fired. >> Who got fired? a papa and they had us insurance through [ __ ] sell our house and everything and I I don't know if it's actually valid anymore. There's the verification for insurance. >> What's the insurance? Who the insurance with us? I think >> Yeah, it should be valid. I went through this with my >> No, it's not. >> It's not >> cuz I mean this says the policy period right here from April 17th to October 17th. >> Yeah, it should be on auto reload. >> I mean not this that you showing me right here. So what I can do is I can call Progressive. >> Yeah. Can you call >> and see >> verification of insurance? Is that >> Is that different? >> Is that show anything different? >> I can't I can't really It's blurry. I can't really read it. >> Um >> listen, do me a favor. Step out the car for me. Okay, >> I got you. >> You got anything on? It's going to stick. Hope you cut me. >> No, sir. >> You can you can leave your wallet and stuff in the car. You can leave all that in the car. You can leave all that in the car. It's all right if I patch you down. Make sure you got no weapons on you. 1047. What you got on you? >> Uh, vape. >> How old are you? Uh, >> 19. So, go and give me that vape. Yes, sir. >> I know. I supposed to have it. My patrol car, girl. >> All right. Listen, bro. So, this where we at, right? >> Jail over a vape. I'm on vacation. >> Oh, you're not going to jail for a vape, bro. Listen. This is what's going to happen. Okay? You see, I'm being cool with you. I told you I ain't going to take you to jail for no vape. I need you to be honest with me, okay? Cuz I'm going to search a car, right? I smell weed in there. How much weed in there? >> I don't have any weed in my car, sir. at all. You got any type of other drugs in your car right now? >> Why you crying, man? >> Because I'm on probation. I can have police contact and my father was to pay my insurance. >> Yeah, bro. Listen, if this is just an insurance thing, bro, it's going to act like nothing really ever happened, bro. Like, it's >> I know, man. Please contact. >> Why not? >> Because I'm on probation. They said no police contact. It's for the simple assault battery. That's why it ain't no weed on you. No other type. Please be honest. >> I don't I don't I promise you I don't. >> Maybe what? >> Or maybe like old paraphernelia and stuff like that. >> Roach or something in there and [ __ ] like that. >> Yeah, stuff like that. I mean, >> bro, if it's a roach, >> I don't know if there's roaches or anything. I say I don't know. >> Okay, I got you. I know. I used to smoke. I got you. Listen. Calm down. It's a dirty car. Calm down. Listen to me. If something would be in the car, what would it be? >> Most likely a roach. If you find one I anywhere that car is dirty, they not a clean person when it comes to that stuff. >> I got you. I got you. Okay. Listen. Do me a favor. This hand right here. You going to take our running, man? >> No, I don't. >> Okay. Okay. Yeah. I'm going to catch you. Okay. >> I don't. >> Listen. Look at me, dog. Listen. >> I don't know what's going to be in there. I've been clean for a while, but I haven't been clean everything. been clean for a while. >> Okay, I got you. Listen, do me a favor. Go ahead and turn around. Okay, tell you just going to be detained for a second. Okay, >> I understand. [laughter] >> Hey, stay in the car, okay? I'll get you out in a second. All right, just stay in the car. He not going to jail. He just being detained. Okay, I smell weed in the car. I'm going to search it. I found the vape on him when he not supposed to have it. Like I'm explaining to him, we get this insurance worked out and it ain't nothing in the car. Y'all going to go about your way. I give you a chance to put insurance back on the car, but right now he's going to sit in the back of my car while I conduct my search. Okay. Okay. If there may be old pieces of like tin foil and stuff that >> with residue on it from dads and stuff that I smoke. >> I don't care about that. >> Okay. I'm telling you there's only going to be there may be just paraphilia stuff. I don't I don't have anything about that, bro. >> I'm just letting you know cuz I want to be honest. >> I appreciate it, man. And I'm going to work with you cuz you're being honest with me. Okay. I [laughter] just I was really scared what's going to happen with probation because I don't I don't know how this works. >> If it's not something that I got to charge you with, I won't charge you with. Okay. >> I know. No, I'm saying like like like do I have to tell them that I got pulled over or >> I'm not sure how I don't know how it works. >> I don't either. If you want to tell them that you got pulled over cuz um is this car registered to you? >> Yeah. >> I mean, if you want to tell them like, "Hey, I got pulled over for no insurance." But that's it. I mean, you know, >> Also, could you grab me my phone so I can call my call my pop while I'm back here talking? >> Give me a second. Let me do my thing and I I'll get back with you. If I don't find it in the car, bro, I'm going to take you out of hand cuz I'm going to let you talk to him and let you get insurance and stuff taken care of. Okay, sir. Give me a second, man. >> Listen, is there anything in that car I'mma find? >> There's a little bit of weed. >> Where? Where's the weed? >> You said hold on. What? What? What you getting from what you getting? What you need? >> No, I'm not getting anything. I'm just showing you. >> Show me. Oh, just point to it. You ain't got to get in. >> I see. >> Okay. If it's a little weed, like I told >> it's a little bit of weed that that's all I know about. That's all I know about. >> All right. Like I told him, man, if it ain't no like show no drugs, I really don't care. Like we can I can work with weed. I If it ain't no It's not no insurance on this car right now. I let him get insurance on the car. Not trying to take him to jail. But more than anything, I I need to make sure that this tpo you got to get somebody that's non contact. I mean nonviolent contacting, not just a purely non contact. >> Oh yeah, that's what they said in court. So, I mean that's just >> Okay. Well, listen. You can hang on my car right there if you want to. >> Okay. >> They say located show me 951. >> All right. You going to have to call you a ride. Okay. >> Your license ain't good. You don't have a license. >> I don't have a license. >> You have to call you a ride. Okay. You going to go to jail. Yes. >> Yeah. We got either cocaine or we got fentanyl in here. Let me find out which one. You want to call you a ride on here? Okay. >> All right, man. So, you going to jail? Okay. >> For what? >> Cuz what's that? Uh, what's that? Hey, hey, hey. Don't go in the car. Don't go in the car. Come back over here. I get your stuff, but don't go in that car right now. >> What's that white What's that baggie with that white [ __ ] in there? What's that powder in there? >> Baggie with white powder. >> All right. You got a right to remain silent. Anything you say can be used against you in the court of law. You had a right You got a right to a Lord. Hold on. You got a right to talk to the Lord. have him or her present with you while you are being questioned if you wish. >> You going to let me read your your Miranda? >> Yeah. No, I I understand my rights. >> All right. Hold on. What? You need your phone? >> I need a few things. I need my phone. >> I'll let you get some, but I got you. You need what? >> My wallet. I have my wallet and >> Okay, I got you. Just hang tight. >> What? >> What's going on? >> I gave you a chance to be honest with me. You get me? >> What? What do you mean be honest with you? You found a baggie with residue in it? No, I found some powder in there though. All right. You had a right to main silent. Anything you say can be used against you in the court law. You had a right to talk to the Lord. Have him her pres with you while you are being. All right. Having these right smile. You will ask my question now. >> Yes, sir. >> Tempo 510. Dism ready and agree. >> What? >> Put your feet back in the car. >> Can I say ride my baby? >> Yeah. I'm not taking you right now. I'm gonna let you tell me what this is. It ain't my place to say, but I was the one who you originally called when all this stuff was going down. It ain't my place to say if I'm disappointed in you or nothing like that. I mean, you know, from my first interaction, I've always wanted what's best for you to better your situation. But he driving around now with you and your child with some dangerous drugs. So, probably want to keep that in mind. Okay. What is this? >> So this ain't no dope. >> I don't know what that is. >> What is it, man? Cuz if I send him to the crime lab, it's going to be way worse. We just test. What would it be if it was something? >> I I I couldn't tell you what it would be. >> Crush pills. >> Is it cocaine? >> Dude, I I I haven't touched I haven't touched anything in a long time. >> Okay. So, it's on your side of your your door. You can't tell me what it is. >> It was on the side of my door. >> Yeah, it was in this little part of your door. Not going to tell me what it is. What would it be? Just be honest, man. We already here now. >> No, dude. >> All right. You got anything else on you hiding that you need to let me know about? I'm going to search you again. So if you lying to me, you going to make this way worse than what it got to be. Sir, >> I don't have anything. >> You don't know what this could be. All right. Go see a new >> Hello, mama. How you doing? I'm sorry. >> Who should you call? >> I I was out there when she first called the police and stuff like that. So, I'm pretty familiar with her. I know she's in a little situation right now. I'm doing whatever I can. Um, you got you want me to get that car seat out that car? >> Oh, she had a license. >> Okay. I didn't know if you wanted that one. No, it's going to get towed. Cuz you got drugs in the car and it ain't got no insurance on it. The car is going to get towed. Okay. You got anything else in the car? >> Can of formula and >> all that cereals? Yes. >> Can I just give him a hug? Is that okay? >> Uh-uh. What would drugs be in this car right now? >> What would any more drugs be in the car right now? If there were more dope in the car, what would it be? Cocaine and fentanyl. >> Cocaine and fentanyl. So is that what's in that little baggie right there? Is it cocaine? Is >> the white? That's coke. >> Coke. What a fentanyl is >> that's he he'd be having blues. >> He smoked one last night and he stayed in his car half the night smoking it. So that's probably what all the tin foil is. >> Tin foil is But there ain't no blues in there right now. >> I doubt it. That one probably did all the Is there some more cocaine in there? >> I don't know. Okay. >> I didn't even know that was in the car. You good? I mean, I make it very clear to him not having a friend in the car. >> What's up, man? >> I just want to tell her I love her. >> You want to tell him you love him? >> Yeah. >> Can I give him a hug? >> Uh, no. Don't no hugs. No hugs. Just say what y'all got to say. >> Um, can you grab can you grab my phones so I can get her number? Yeah, I I do all that in a second. I grabbed the phone. You got her number in there? >> Uh, I need to hit her mom's number cuz her number shut off. >> Okay. You riding around with cocaine in your car, bro. >> I didn't know it was in there. >> Stop lying to me, bro. I hate lying. >> You knew it was weed in there. >> I did not know there was weed in there. >> Caleb, I already told him we knew there was weed in there. >> Not my weed. >> It's not your weed. >> No. >> Okay. So what? It's mine. >> No, it's just not my weed. It's not rode in the car with us. >> All right. Listen, listen, listen. You remember Listen. You remember your Miranda? >> I read you. You still agree to talk to me? >> Do you still agree to talk to me? >> Yeah. >> All right. Whose drugs are those in the cars? Cuz if you saying it's not yours, she going to go to jail, too. >> No, wait. No, we have we I have people riding with us. I don't know. I don't know who it is. >> Is it her drugs? >> No. >> Okay. >> I mean, I've been with her. I haven't seen her buy drugs. >> Okay. >> All right. What's your name again? What your name? You get charged with marijuana, drug related objects, cocaine, no insurance, >> drug related objects. >> Drugs that tinfoil that you use to smoke that you told me that you used to smoke. Might be some leftover stuff. >> No, there's nothing. I told you about that. You said you're not worried about it. >> I'm not. But I just found more drugs in the car. So now I got to be worried about it. It ain't like I'm trying to throw charges on you, but those are >> driven that car in months. I just not [ __ ] got it out the shop. >> That's a lie, bro. I've like seen you driving that car around here before. So don't lie. >> Not me. Not me. I have most people that that live at my household that drive that car. >> Okay. But don't none of them drive to her neighborhood. >> Yeah. I've driven to her neighborhood. >> Exactly. So I'm not crazy, bro. I've seen this car in her neighborhood before. I'm not stupid. >> I didn't know she was. >> All right, dog. You want to get on that number? >> Yeah. >> Get out of the car. You free to go. Okay. >> Wait, what? >> You're free to go. >> I'm free to go. Oh, I thought you said he was free to go. >> No, you free to go. All right. >> Turn around. I'm searching. anything on here that you ain't supposed to have. >> All right, sit down. >> Thank you. Now, >> I didn't think permethazine was just for nausea. >> Are these promethazine pills though? We can look it up and see. >> Yeah, we'll look it up. >> You all right back here, man? Wake up. Wake up. Hey, wake up. When the last time you used, man, last night. You need to be honest with me now. Do I need to get medical attention out here? Huh? Hey, talk to me. Wake up, man. I'm going to put a narcan up your nose. All right. Do you need a narcan? You need medical. I'm going >> to get mad. >> Yeah. >> Start with a stop. Under OCGA section 40 610 subsection B. Driving without required insurance is a misdemeanor. and Delaware versus Prrowse 440US648 says a stop needs reasonable suspicion. A database hit on the plate supplies it. Kansas versus Glover lets an officer assume the registered owner is driving. Absent contrary facts and under Pennsylvania versus Mims 434US 106 ordering a driver out of a lawfully stopped car needs no extra justification. The Frisk is a different story. Arizona versus Johnson 555 US 323 requires reasonable suspicion that the person is armed and dangerous. Nervousness, shaking, and tears with nothing else are thin ground for a patown. The vehicle search stands on firmer footing. Carol versus United States 267US132 allows a warrantless search of a car when there is probable cause and Georgia courts have long treated the odor of marijuana as part of that calculation. That rule is under real pressure, though. Since Georgia legalized hemp in 2019, burnt hemp and burnt marijuana smell the same, and defense attorneys now argue that odor alone proves nothing illegal. The biggest suppression issue is custody. Burkimer versus McCarti 468US420 holds that routine traffic stops are not custodial, but a man in handcuffs in the back of a patrol car answering direct questions looks a lot like someone in custody. Admissions made at that point before any warnings are vulnerable under Miranda versus Arizona. The later warnings and the express waiver protect what came after, but they do not automatically rescue what came before. Telling a suspect that his passenger could be charged too is pressure, but it is not illegal. Maryland versus Pringle 540US 366 allows probable cause to arrest every occupant when drugs are found in a space they share. The drug charges follow Georgia's controlled substances code OCGA section 16 13 subsection A covers cocaine possession and under subsection C paragraph 1 less than 1 g carries 1 to 3 years drug related objects fall under section 16 32.2 2 subsection A for impairment. OCGA section 40 6 391 subsection A paragraph 2 bars driving under any drug to the extent it makes a person less safe. An admission of recent fentanyl use is powerful evidence on that element. >> Let's go. Wake up. Let's go. >> Hello. He just getting a blood draw and then patient evaluation. He done push on Vietnam. >> So I'm have him get a blood drawn first and I'm bring it back to y'all. Just bring back. >> Hey, you know blood draw done. >> Okay. I'll let the minute. >> Get up. Got to go back to my car. >> Get up. >> Get up. Get up. >> Got a lot of coins. That's fine. And then I also >> Can you come here? >> Yeah. >> Are you by yourself? >> Yes, ma'am. >> Okay. >> He's just getting a volunteer blood draw did for >> voluntary. >> Yes, ma'am. >> Yeah. Before he was Hey, wake up. Get up. So, are you going to do the blood draw now? We read you to imply consent. You said you would give your blood. >> What happened to my dog? >> That's on you, bro. You still got to be in the hospital. >> Well, what happens if it don't? >> I mean, I'm still going to charge you with DUI. So, I mean, it's up to you to be able to prove if you was not driving under the influence or not. That's what the whole reason you saying yes to a voluntary blood draw. So, you going to do >> if you got drugs in your system? If I use drugs yesterday, it's gonna show up. >> Okay. Like I said, you gonna do the blood draw? Yes or no? Are you gonna do a yes or no? I'm not gonna sit here and have court with you. How does that happen? >> Okay. So, get up then if you gonna do the blood draw. >> Get up. Makes >> sense. I'm going to have drugs in my system. >> That makes no sense. I wasn't driving under influence. I'm not under the influence. >> You can't say because someone you need these cups. >> You can't say if I Bro, stop talking. Okay. >> If I drank yesterday, alcohol is going to be in my blood today. >> Okay, bro. What does that make? >> You said if you drank >> Yes. Alcohol does stay in your blood over 24 hours. >> Okay, bro. But the levels of your alcohol won't be the same. >> My levels of drugs aren't going to be high. >> You need to cuss him. >> Uh, you can leave him on for a minute. I need you to fill out this part of the paperwork. >> Get up. Stand up. Well, that's the case, bro. If you voluntarily do this, there'll be something good to tell your lawyer. Maybe he'll beat the case. >> But I I there's nothing to beat a case about when you can't charge me with it. There's no evidence of influence. >> Okay. Other than you stating that you took fentanyl about 30 minutes to an hour ago. >> Okay. Yeah. I said 30 minutes to an hour before I started driving. >> Here, I need you to sign right now. So, I bought your fent yesterday and I meant to still be DUI right now. No, >> you going to sign. >> I need you to sign right there and that should say I'm giving the consent to draw your blood. >> But the the blood test can't say when I took the drugs. >> Okay, bro. Well, say no to drugs next time. >> You shut the [ __ ] up. >> Okay, that's fine. You get an obstruction charge, dude. >> Well, you just joke. You just tried to say you just tried to play in my face. That's not obstruction. >> No, I told you. That's not video. I have freedom of speech. I can I can I can speak to you how I want to without getting obstruction. >> I got the freedom to charge you to instruction. >> I'm not raising my voice either. Yeah, instruction will be taken off. >> Okay, that's fine. >> Like it always is. >> Yeah, you got bigger fish to fry, bro. >> No, you still shut this up. >> That's fine. That's another charge. >> No, it's not. >> Okay, you okay? >> So saying shut the up is a charge. I'm not disturbing the peace, not yelling. I'm not not resisting. I'm not not complying. So what what's what's the charge to say shut the up? >> No, bro. for you to be on dope and you you probably be good. You probably be good in four hours of order and [ __ ] bro. >> Yeah, because I know I know I know. >> Okay, I'm gonna ask you to remember where you are. You are inside of a hospital. So, if you could just be respectful, y'all can take this up outside. Okay. Thank you. >> Careless. >> He's Thank you, ma'am. All right. Don't stand back up, bro. So, you got to get evaluated before you go to the jail. Okay. You heard me. >> Okay. >> Okay. Come on. >> Thank you. >> Thank you, ma'am. Have a good one. >> Yes, ma'am. Nice talking to you. >> This way, bro. Listen. Look at me. So, listen. You here, right? I'mma put a cursive hold on you. If you do something crazy to try to take off, you already got warrants out. Okay? So, better just go ahead and face the music. Okay? But it gonna have heavy security on you and it's going to be buried account everywhere. So ain't no point in doing that. Okay. I'm just letting you know ahead of time. >> You got me? >> Probably. Okay. Well, I already got warrants out. >> Yeah. No, I'm saying if you try to run away from the hospital, just going to take warrants and just going to add more to what you got going on. So, I'm telling you ain't no point warrants >> for this stuff today. >> I was just saying like nobody no police going to be here and if I leave then >> No, I'm saying it is going to be police here. But if you try to leave, like I'm not going to stay with you be accounted for going to come out here. I'm just letting you know what's going to happen if you try to leave. That's going to add more charges to you. >> You get me? So don't do nothing stupid. Okay, bro. >> Um what was what he had going on? He acting a fool. >> Starting care, he was pushing the nerves to intervene. No need. >> Reaches out. He rips my arm, throws it behind my back, and starts moving my arm behind my neck. That's illegal. I told my face treatment. The ID is no longer in. I'm not harm to myself. I never threatened to myself. >> Birfield versus North Dakota 579 US438 holds that a blood test needs a warrant or genuine consent and the implied consent notice under section 405 67.1 subsection B does not replace either one. The Georgia Supreme Court made that point directly in Williams versus state 296 Georgia 817. Consent has to be actually voluntary. Telling a handcuffed suspect that agreeing will look good to his lawyer is exactly the kind of statement a judge will weigh. Now, the speech issue OCGA section 16 10 24 subsection A requires knowingly and willfully obstructing an officer. City of Houston versus Hill 482US451 protects rude, even profane criticism of police. Cursing at an officer is not obstruction. >> I'm not a 103. I'm not wearing a coat or stuck. >> He put his hands on me. We didn't even get in here. I can't cuz it was just me. When I walked in the room, he was like, "I'm leaving." >> I told him. I said, "This was cuz nobody in here all around here." >> Was coming up was coming up there and he saw me in the room. That was it. He was like, "Nope." And he came over the sink and ripped it out. I was like, "No, no, you're bleeding everywhere." And he just started shoving me that way and then security called back. >> So security intervened once he put it out. >> Well, security was walking over and he when he pulled it out, screw said, "Don't pull it out, man. Don't pull it out." He and I was on the other side and he told me pull it out. So he pulled it out. So no bleeding everywhere. So I went put on there and he just shoved me that way. Just started doing this and then security was grabbing him right here. >> Then I was stuck over there in the corner and couldn't get out and I'm like scrambling this way. Help. >> And I'm on the phone with security going help. >> Are you guys self-defense? I'm going to put my hands on it back. I don't fight fair. I will grab that [ __ ] pole off that chair. >> It doesn't say I had drugs in my system right in the second. It doesn't say I had drugs with my sister yesterday. It could one to four days. >> All right, man. Go on. Stand up. Turn around. >> Go to jail. >> I thought they were going to check me out. >> Bro, you literally said >> I said they came without him. >> I want him. >> Get up and turn around. >> I don't want him to. >> You literally said you refused medical. >> I said refused medical back with treatment. It was him and then he said the the neurologist dude that did the CT scan. He said he wanted to do CT and I said I will >> put your hands on folks a how you show >> I didn't put my hands on anybody >> right >> he put his hands on me >> fine I I ain't no judge charges are getting pressed but on him by me >> okay well >> that's why I just did a police report >> thank you appreciate y'all >> bro ass boy still [ __ ] >> you know you catch another disorderly conduct for Ain't no disorderly conduct. Whenever he put his hands on me, >> you out here cussing everybody out in a public facility like that. You getting you getting a disorderly charge. >> Okay, bro. Hope you got a good lawyer, man. >> On body cam. >> Threats are a different matter. OCG A section 16 11 39 subsection A paragraph 1 criminalizes violent or tumultuous conduct that puts someone in reasonable fear for their safety. Threatening medical staff sits squarely inside that language. One point clearly favors the officer. City of River versus Massachusetts General Hospital 463US239 requires police to provide medical care to people in their custody. recognizing possible opioid impairment and offering Narcan met that duty. The officer gets a B minus. The stop, the search, and the arrest all hold up legally, but the frisk was weak. The questioning before Miranda was a real risk, and threatening an obstruction charge over profanity was unprofessional. The driver gets a D. His early cooperation counts for something, and he was right that cursing is not a crime. But impaired driving, shifting stories, waving his rights, and threatening hospital staff turned a misdemeanor insurance stop into a felony case. So, what should drivers and officers take away from all this? Here are five lessons worth remembering. Lesson one, a lapsed insurance policy alone gives police a lawful reason to stop a car, so verify coverage before driving. Lesson two, the right to remain silent exists before Miranda warnings are ever read, and saying nothing is almost always safer than explaining. Lesson three, officers must be able to explain why someone is armed and dangerous before a frisk, and nervousness by itself should never be enough. Lesson four, a blood test requires a warrant or real consent. So, a driver can say no, though Georgia can still suspend the license and pursue the DUI. Lesson five, profanity is protected speech. Threats of violence are not, and that single line often decides whether a charge sticks. If this breakdown helped, subscribe to our channel for more legal analysis of real police encounters and share your thoughts in the comments below.
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