Hey, ma'am. >> Go ahead and turn that off for me. >> Go ahead and turn the car off for me. >> Hello. >> Yeah. >> So, why are you why are you driving if you've been drinking? >> I'm going home right now. >> Okay. Well, I can tell you're extremely intoxicated right now. >> Can you? >> You're slurring your speech. You're You're here at a bar. They're telling me that you're stumbling out of here. You can barely park your car. >> They tell you that >> they call They're the one that called me. >> Talk to them. >> They're the one that called me. You can barely stand right now. >> Are you sure? >> Yeah, I'm I'm sure. >> Are you sure? >> I am sure. >> Let's go talk to them. >> No, we're not going to go talk to them. We're not going to do that. >> All right, I'm going. >> Ma'am, no. >> Ma'am, step over here. >> Sir, please. >> 334 Central 94. >> Please don't. Please don't. Hey. Hey. >> On June 22nd, 2023, officers responded to a pub parking lot after employees reported a visibly intoxicated woman attempting to drive away. Three felony charges would follow. This is the legal breakdown. >> Hey, ma'am. >> Go ahead and turn that off for me. >> Go ahead and turn the car off for me. Hello. >> Yeah. >> So, why are you why are you driving if you've been drinking? >> I'm going home right now. >> Okay. Well, I can tell you're extremely intoxicated right now. >> Can you >> You're slurring your speech. You're You're here at a bar. They're telling me that you're stumbling out of here. You can barely park your car. >> Did they tell you that? >> They're the one that called me. >> Talk to them. >> They're the one that called me. You can barely stand right now. >> Are you sure? >> Yeah, I'm I'm sure. >> Are you sure? >> I am sure. >> Let's go talk to them. >> No, we're not going to go talk to them. We're not going to do that. >> All right, I'm going. >> Ma'am, no. >> Ma'am, I'm sure. Please. 334. Please send me 94. >> Please don't. Please don't. HEY. [screaming] HEY. Do not address me. Do not >> I'm not doing anything. [screaming] >> STOP. >> 34 me. >> Help. I'm going to stop my I'm going to stop myself. Stop. You're Stop. Stop. Why are you doing this? >> Roll down. All the ground. >> Why are you doing this? Why? >> Roll over. Roll over. >> Why are you doing this? Why? Why are you doing this? Help me. [screaming] Help me. Help me. Help me. [screaming] Help me. Help [crying] me. Help me. Help me. Help me. >> Don't stand up. >> Help me. [crying] >> Help me. >> Help me. [crying] >> What's your name? >> Help [screaming] me. Help me. >> What do you need? >> Help me. Help me. [laughter] Help me. [crying and screaming] >> Help me. >> She wasn't driving. >> Hell no. Walking home from my mother. >> And you know what? >> She had the uh she had the car started when I walked up. >> Had her turn it off. Had her step out. >> Slirts me. Try to explain why I'm here. >> Uh she started to run away from me. I told her to stop. Didn't stop. >> Exactly. Exactly. grabbed onto her. >> Take a deep breath. >> All right, >> you lean back. Lean back. >> Help me. Whatever you guys do whatever you need. Help me community. Help me. I want my babies to help me. >> Look at me. What's your name? >> My name is >> What's your last name? >> Oh my. This is my community and I am having a good time >> and he attacked me. Let me go. I will walk. >> Now we're doing an investigation. >> It's okay. Whatever you have to do. And don't listen. You're going to stay in handcuffs until he's DONE WITH HIS INVESTIGATION. >> EXACTLY. DON'TING talk to me. Crazy. >> Crazy. >> Look at y'all. >> We're going to steady up. >> Three. >> Where's your car at >> there? Take me here. >> Take me. >> This one. >> It's going to be up ahead more. >> It's the black Avenger over here. >> Wait, we can go into mine. I don't care. >> Whatever you got to do. Exactly. >> Whatever you got to do. Don't Hey, you ain't taking my purse. You better leave that on me. >> I got it. I'll search. I got it. >> Yes. Leave my the >> Leave my shirt on. >> It's It's done. Okay, we're done. >> No, it ain't done. >> Relax. >> Get the off my purse, you little >> You just need a cold for us. >> We're taking it. >> I will come. No, you ain't taking >> Okay, but we're not going to keep it on you. Okay, >> let it go, man. It's >> Don't police officer, you mother. >> Yeah, I I fully thought about what I'm doing and I'm I'm totally >> Look at y'all. You little >> You pig ass. That's what the are you set the You okay? We have hobbles. We have hobbles. >> Whose car is this? What the >> Look at him. Look at him. Look at him. Look. [screaming] You ass. >> Don't you try and bite me. >> Stop resisting. >> You're about to catch another charge. >> Stop resisting. Yeah, she just kicked his head on. >> Try and put your leg across your lord. >> Mother, >> cop, get the off me. >> No, stop. until you calm down. You're staying right where you're at cuz we're not >> So whenever >> Wait till I get to my neighborhood, you little >> They're going to They're going toing love you. >> THEY'RE LOVE YOU. [screaming] >> We're going to search for >> Yep. I haven't gone. >> No, you searching here. Get the off. >> Don't resist. Don't resist. >> Ain't nobody resisting you. Stop trying to resist trying. You're not going to have that. >> Don't spit. >> Don't do that. >> You're okay. You're okay. >> What? What? >> Tell us which way you need. >> What? You stupid. Kill me. Kill me. You little stupid. >> Come on. >> Kill me. >> Kill me. You do a white mother who the you are. You're a white. >> You and me will you guys love your don't you? >> You love yourself, don't you? Love yourselves. You little >> legs. >> You got gloves. >> We'll just We're good. We'll just get a plan and we'll put on the carpet. >> I'll have this side. You can have that side and then two on the left. >> Yes. >> Yeah. Yeah. Yeah. Shut the law enforcement. So, >> lift her up. She's going. Dumb mother. >> You are some dumb mother. I swear to God if I ever met any. You're some dumb mother. You guys are so Get her out of here. >> Hello. >> Straight straight to the jail. You're going to need to get her there. >> She's the double check. >> Just when you go just double check this stuff while you're at the jail. You good? >> I'm good. So, hit her with a DUI. Anyway, batter and Leo. >> Resisting with violence. >> You okay, man? You good? >> Yeah, you're good. said resisting wind. >> The stop was legally sound from the first second. Under Illinois versus Gates 462 US 213. A tip from an identified in-person source carries substantial reliability. Add direct officer observation of slurred speech, stumbling, and a running vehicle. probable cause for a driving under the influence stop was established before a single command was issued. The subject's own statement, I'm going home right now, sealed the analysis made before any arrest and before Miranda applied under Miranda versus Arizona 384 US436, it established intent to operate a vehicle. That statement belongs to the prosecution. When the subject physically broke contact and refused commands, the encounter crossed a legal threshold. Under resisting statutes in most jurisdictions, the crime is not saying no. It is offering physical opposition to a lawful arrest. That distinction is the difference between a misdemeanor and a felony. The Supreme Court in Graham versus Connor 490US 386 1989 established three factors for evaluating use of force. Severity of the crime, immediiacy of the threat, and whether the subject was actively resisting. All three escalated simultaneously here. When the subject kicked an officer in the head, the legal situation changed permanently. Intentional physical contact with a law enforcement officer during a lawful arrest is battery on a law enforcement officer a felony in virtually every state. The biting threat added a second independent felony exposure under the same doctrine. Hobble deployment following a documented kick is consistent with accepted use of force practice and survives scrutiny under the Graham versus Connor objective reasonleness standard. One area deserves criticism. When the subject objected to a pur search, the officer said, "We're just going to see." Under Kyle versus California 395US752, a search incident to arrest is authorized, but officers must state that doctrine on camera or the evidence risks suppression. On the verbal abuse, the profanity, the threats, the racial language directed at officers, the First Amendment is clear. Verbal abuse of law enforcement, regardless of severity, does not justify additional force and does not constitute a crime. officers absorbed it without retaliation. That is legally required. All three charges have direct evidentiary support. Driving under the influence rests on third-party reports, officer observations, and the subject's voluntary statement. Battery on a law enforcement officer rests on the documented kick. Resisting with violence is supported by the duration of the physical struggle. The responding officer receives a B minus. The stop was lawful. Force escalation was proportional and composure held under extreme provocation. The deduction is for the undocumented search. In the era of body cameras, silence on legal authority for a search is a preventable and costly error. The subject receives a D. Driving while visibly intoxicated created all subsequent jeopardy before the officer spoke. Every escalation resistance, the kick, the biting threat, converted a misdemeanor into felonies. Those were independent criminal decisions, and the law treats them that way. Most of the consequences documented here were not inevitable. They were the product of a chain of decisions, and the law treats each one separately. This encounter produces five direct lessons drawn from how courts evaluate situations like this one. Lesson one, an identified in-person tip combined with officer observation establishes probable cause without a field sobriety test. If witnesses call police and you are visibly intoxicated near a running vehicle, the stop is legally justified before you say a single word. Lesson two, voluntary pre-arrest statements are fully admissible. I'm going home right now is not a denial. It is evidence of intent to drive. Anything you say before handcuffs and before Miranda applies belongs to the prosecution and there is no legal remedy to take it back. Lesson three, physical resistance converts a misdemeanor into a felony. The moment you make physical contact with an officer during a lawful arrest, resisting with violence and battery on a law enforcement officer enter the charge sheet. Both are felonies and neither is straightforward to defend. Lesson four. Verbal abuse is a constitutional right, not a legal strategy. Profanity and threats directed at officers are protected speech under the First Amendment. They are also inadmissible as a defense and may be introduced to establish state of mind. Exercising that right does not improve your position. Lesson five. Officers must articulate legal authority for searches on camera. We're just going to see does not survive a suppression hearing. Stating the doctrine search incident to arrest, inventory, or consent is not optional. It is what keeps the evidence in court. The law responds to conduct, not to intent. It does not weigh frustration or fear and offers no adjustment for a bad night. Every act in this encounter is evaluated by the same standard. What happened, when it happened, and what the law says about it. Case outcome remains unknown at the time of this analysis. If the driving under the influence charge proceeds without a documented chemical test, the defense will raise that gap. Though officer testimony and direct observation remain independently admissible under most state evidentiary standards. If this breakdown helped you understand how the law applies in a real encounter, subscribe to our channel. We cover body camera footage with the same legal analysis on every case. Drop the encounters you want examined in the comments.