Ooh, damn, girls. How can you be ugly? >> Put it first. >> Face down. I said, "Face down." I should say this. She's good. >> Can I touch my purse? >> Bro. >> It's all on camera. >> Bro. I bet you get Oh, you guys are GOING TO STEAL MY LAVENDER? >> YEAH. >> LAVENDER? >> Come on. Oh. >> YOU WANT TO TRY THAT? >> OH, YOU WANT TO CHOKE ME OUT, GIRL? OH, YOU WANT TO CHOKE ME OUT, GIRL? YOU WANT TO CHOKE ME OUT, GIRL? HOLY [ __ ] OH, YOU REALLY WANT TO CHOKE ME OUT, GIRL? THAT WAS NOT DOING NOTHING TO YOU. You want to choke me >> On April 23rd, 2022, in Maui, Hawaii, a drunk driving complaint triggered a 30-minute roadside encounter that cuts through three of the most misread areas of American constitutional law. >> I think she has a question for you. >> Do you have a prescription for Xanax bars? No. Have you taken any? All right. Pink tight. Can get some gloves. >> Have you had anything to drink today? >> No. >> Kind of medications have you taken today? >> I'm taking antidepressants. >> Okay. >> I'm taking Well, I am Well, I mean, you know that prescription for >> Okay. For me, pretty much stay simple to Tylenol and ibuprofen. Not really. >> Okay. >> Ma'am, is your ID in your purse? >> Yes, it is. >> All right, I'll get it. Give me I'll get it. Hey, I said I'll get it. Stand over there at the end of your car. >> Just stay here. >> Do you hear me? >> Okay, but if you were more respectful about it, if I'm just saying I'm just saying >> All right, I'm going >> If we're all humans here, if you were more respectful about it, I mean seriously. >> Where's your ID at? Is it in here? >> Can I look for my wallet? Well, like why would you look through my wallet? >> Just trying to get your ID. >> No, it's the thing is it's about my property. You have no choice. >> Actually, I do because I found freaking Xanax bars on your driver seat. If you want to explain something, explain those. >> Girl, the fact that you were going through my stuff. >> They were in plain view. >> Yep. >> It's a different >> Oh, were they in plain view? >> Yeah, your butt was covered in it. >> Okay. Okay, so what are you guys going to do about it? >> We're just going to sit tight, okay? >> Okay. >> But we're not going to back into that car cuz we don't know if you have any weapons or anything in that car, okay? >> Okay. Yes, cuz a little girl like me ain't going to have no weapons, you know? Just to let y'all know, I am psychotic. I can't even own a gun, so >> Okay. >> I think that's all. >> Yeah. >> There's a lot of people that are not allowed to own weapons, but still get them, okay? And we have to be cognizant of that in our day-to-day job. >> You see, the thing is I'm very much uh I don't want to say suicidal, but girl I cannot have a gun. >> Okay. >> Nor will I ever have a gun. It's just not safe for me. >> Okay. >> Ma'am, have you had any substances or alcohol? >> No. Okay, I just want to know what I was doing particular. >> Okay, the reason you were pulled over um you were called in as a possible drunk driver and from the people that were calling in said that you hit multiple things. I haven't been to the other side of your car or really inspected your car yet to verify that. But you were found you're you were found here. She's getting out with you. We you were called in as a drunk driver, okay? Upon contact, she's finding things that are illegal in your car. So, this is kind of the development that we're going, okay? So, for right now, while she's doing her job, we're going to give her some space and we're going to go sit at the front of that car, okay? Okay. >> She missed people by inches, man. I mean, head-on collision just was barely averted. >> was like twirling her hair and then she's like going like this. >> Like not a care in the world, you know? >> And so, we were thinking at first I was thinking maybe there was something wrong like, you know, somebody drugged her or something and she just wasn't aware of what's going on and it was just random stuff. >> Okay. >> The way she was driving was really weird. >> The stop was lawful. Under Terry versus Ohio, 392 US 1, 1968, reasonable articulable suspicion is all that is required. A caller's specific account of near miss collisions and erratic lane behavior cleared that bar. The first hard legal question comes at initial contact. The officer spots what she identifies as Xanax bars on the driver's seat and invokes the plain view doctrine under Horton versus California, 496 US 128 1990. Horton requires three things. The officer is lawfully present, the incriminating nature of the item is immediately apparent, and the officer has lawful access to it. All three conditions were met here. The seizure was valid. >> Hey. I've asked you nicely. You asked me to be respectful, didn't you? Have I not been respectful with you? And you're not doing what I asked you. Okay, would you like to sit down on the grass over there? >> But can I sit there and get my phone? >> No, you cannot. >> if I just have like him up, hands up, everything? >> you're not getting back in your car. You can sit on the grass over there, or we can sit in the back of this car here, whichever one you prefer. Okay? >> Can you tell me what happened on the mirror? >> What kind of What kind of damage? >> Uh >> What kind of >> All I can see is there's some scratches and stuff right there. Uh I'm going to get my phone. >> not. You're not going to do anything. >> No, okay, but why can't I get my phone to like at least have >> You're not getting back in that car until they're done. >> Okay, but I feel like I should be able to It's my right to like record anything that's happening in my life. >> right now. >> I know, but why can't I record it for myself? >> You're not going back in that car. >> But why can't I record >> You can request this recording. >> You can come with me to my car. My phone is right on that seat. One of y'all can come to me to that seat to get my car to let me video tape cuz that is my human right. That is the bare minimum y'all can do so I can go to my My phone is right there. Look behind you. It is right there on that seat. >> Just out of curiosity, has your car always been like that in the front? >> Yes, I have. Yeah, honestly Okay. What happened first? Okay, you see this this part of my car? Um one day I came back from work like just like was like hitting on me. That was missing. The blue part was missing. It was missing. Um This side of my car Uh we have a Chevrolet truck that's in its vintage like it's my grandpa's like old school Chevrolet truck. So it's like you know it's a vintage and then my grandpa got it like a Jeep Cherokee that's also just like built in the 1990s and then they got a sidekick Suzuki Suzuki thing or whatever it's called. So like Yeah, do I need to get that fixed? >> No, I'm just curious. Um so based off of what I'm seeing so far, would you be willing to do a field sobriety test to dispel my suspicions that you're under the influence of any type of narcotic? >> Okay. >> You willing to do that? >> Yeah. >> But do you have any injuries I need to know about? Head injuries? >> Like medically >> Have you had any previous concussions? >> Not that I medically seek attention for, yes. I mean medical wise I might have had a concussion, never went to the hospital >> Have you ever had a concussion within the past I'd say 10 24 hours? >> 10 24 hours? Um Uh no. >> No? >> Ma'am? >> Hey. >> What are you doing? >> Oh, I'm stupid. I'm not even being stupid. I'm just trying to continue going to my car. >> Yeah, I think so. >> Okay, but I also have my medical card. Do you want to see that? >> Is it in your wallet? >> Yes, it is. >> Don't get in your car. >> I'm getting it. >> You're not going in your car. >> Okay, but can I get my wallet? >> Hey, it has your name on it? >> You're right. Okay. I'm just saying. This looks like the um sticky icky. >> Sticky icky? >> Yeah, that's what I call it. THC stuff. >> It's sticky icky? >> That's in there, right there. >> Yeah. >> Well, that's a lot of marijuana. >> This stuff is freaking heavy. >> Mhm. Oh man, I shouldn't stand being in >> Is this child proof? >> I [clears throat] guess you're >> Hello. that was a little one. >> I don't know what that is. >> That's a new one on me. I'll be honest with you, I have no absolute no freaking clue what that is. I need you to look at that pin. All right, with your left index finger touch the tip of that pin. >> Like this? Or am I doing it >> No, just with your left finger, index finger, touch the tip of that pin. >> Okay, sorry. >> Just touch it. All right, thank you. All right, so I want you to follow that tip with your eyes and your eyes only without moving your Okay? You seem confused. Do you understand those instructions? >> Okay, just look at the tip of this and follow it around. >> Okay, no problem. All right. See that shiny tip? >> Yeah. >> Follow that tip >> Okay. >> with your eyes and your eyes only without moving your head. >> Okay. >> Okay? >> Yes. >> We're on the same page? >> Yes. >> All right. Don't move your head. >> Don't move my head. >> Don't move your head. >> All right. You can go ahead. All right. So, do you have a a natural nystagmus? Do you know what that is? All right. So, do do you have like a resting nystagmus where your eyes continue to bounce? >> Yeah, it's like, okay. I don't want to say like I'm blind and I don't want to put like, okay, cuz I understand that people have like like they need to wear night glasses to like, you know, see on the road. It's just like sometimes I'm like it's so difficult and I have to try my hardest to like cuz there's just so many lights and just like, I don't know. I don't know. >> So, you have an astigmatism? Or what are you trying to say? And that only happens at night? How about during the day? >> During the day, um it doesn't it doesn't get that bad, but it's just like sometimes when I think people are closer to me, um I try to go back. But it's just like they're farther away from me. Like it's I don't know. I can't explain it. >> Okay. So, based off what I saw in your eyes, I am going to go further with the DUI investigation. Go to my next test, okay? All right. Turn and face me. >> Yep. >> All right. What I want you to do is put your left foot on that line and put your right in front touching heel to toe, just like that. >> Wait, like heel to toe? >> Yep. Left foot on the line, right foot in front touching heel to toe, arms down to your side. >> Okay. It's going to sound sketch. I'm so sorry, but can I do this barefoot? >> Sure. >> Okay. >> The pavement might be hot. >> Uh I looked on that we like my whole entire life. >> So, that won't be a problem? >> Yeah. 80° like the pavement like about 100°. Like the >> Okay. >> I'm tenderfoot. It doesn't bother me, but >> These slippers they're nice to use, but it's just like they keep flopping and >> Yeah. >> it's just like ain't nobody got time for that. >> Okay. All right. Go back. We haven't started yet. >> Okay. Sorry. Do I have to like do this now? >> Hold on. Let me Let me explain. All right. Left foot on the line, right foot in front touching heel to toe, arms down to your side. >> Okay. So, can I like stop? Okay. Sorry. >> All right. So, we'll walk through it. All right. >> Okay. >> Put your left foot out. Put that on the line. >> Is that >> Your right foot, stick it out and put it on that line in front, just like that. What? You had it right. Stop. Your right foot in front touch heel to toe. Stop. >> Oh, I have to like >> be at The Home Depot, white male, lasting, wearing all white >> Look. >> wearing riding a red bicycle, going up to everybody asking somebody and is getting up in people's faces and advising people advising he's going up to everybody. >> If it's like that, I'm sorry. Are you like confused? >> Don't do anything yet. Till I tell you to begin. Don't do anything yet. Don't do anything yet. Okay, you keep stepping stuff up. Go back. Keep going up. Keep going up. All right. Sit in that position till I tell you to begin, okay? All right. Watch me for the instructions. Are you watching me for the instructions? Don't do anything yet till I tell you to begin. Don't do anything yet till I tell you to begin. Don't do anything yet till I tell you to begin. You got to watch me. You got to watch me. Okay. When I say begin, you want to take nine heel to toe steps forward, counting each step out loud. Once you get to the ninth step, with your front foot still planted on the line, you're going to take a series of small steps to turn around and come back nine heel to toe steps. Looks something like this. One. Two. Three. Four. Five. Six. Seven. Eight. Nine. That ninth step, take a series of small steps to turn around just like this. Come back. One. Two. Three. Four. Five. Six. Seven. Eight. Nine. >> I'm so sorry. I literally failed at PE and >> not This is not PE. All right, while you're doing this task, make sure you're not bringing your arms up more than six inches for balance like a chicken when you're trying to fly off, okay? >> So, don't do this. Just my hands to the side. >> I'm >> We got this. >> All right, you understand the instructions? >> Okay. It's just like toe to toe and then like Okay. I'm going to just going to give you an example like this. >> Don't Don't give me an example. Do you understand Do you understand the instructions? >> Mhm. Sure. Well, [ __ ] We're about to find out if I understand the instructions. >> All right, go back to the position I told you to get in. Left foot on the line, right foot in front touching heel to toe. Arm down to your side. Arm down to your side. Left foot on the line, right foot touching heel to toe. Stop. Left foot on the line, right foot touching heel to toe. Stop and arm down to your side. Perfect. Just like that. You had it. >> Okay. For a second I thought you said like I don't feel the test. So, I'm about to change my hair. >> You may begin. Okay. >> Watching that now. >> You can use your right foot only. >> seven How long do you want me to go all the way down and back? >> I want you to go nine steps. >> Oh, that was a long nine steps. >> It sure was. All right. Do you have any issues with um raising one leg and balancing on it? >> raising one leg >> any issues with your balance? >> I was like um okay, I'm so stupid. Um like are you talking about cars? What are you talking about? >> Do you have any issues with balancing on one leg? >> Oh, sometimes. Sometimes okay, when I push on the gas and like stuff like that. I just got this car and it's like I don't know. It's a It's a It's a little It's >> Can you stand on one leg? >> For the most part. >> Okay. Okay. What I want you to do is stand feet together just like this, arms down to your side. Do not perform the test until I tell you to do so. Do you understand the instructions so far? >> Yes, I do. >> All right. When I tell you to start, raise either leg with the foot approximately 6 in off the ground, keeping your foot parallel to the ground. Looks something like this. >> Okay. Okay. Any leg? >> Any leg. Doesn't matter, left or right. Lift that approximately 6 in off the ground, keeping that foot parallel to the ground. >> So, how do I like do this? >> We'll continue with the instructions, okay? >> I'm sorry. Left leg. >> Keep both legs straight and your arms at your side. >> Okay, so like this? >> While holding that position, count out loud in the following manner: 1,001, 1,002, 1,003, and so on till I tell you to stop. >> Okay. >> Um keep your arms at your side at all times and keep watching the raised foot. Do you understand? >> The raised foot? >> Keep raising Mhm. It looks something like this. Okay? When I tell you to begin, you're going to choose either leg, doesn't matter, left or right. Lift that approximately 6 in off the ground with the foot parallel to the ground. You're going to look at that foot and you're going to count 1,001, 1,002, 1,003, 1,004 manner till I tell you to stop. Okay? Do you understand? So far? Okay. While you're counting, let's say you happen to put your foot down. Oops, my foot just came down. Pick it back up, continue where you left off. >> Okay. So, how many seconds? >> Till I tell you to stop. >> Okay. Understandable, I guess. >> Do I need to repeat any of the instructions? >> I got it. Thank you. >> All right. Feet together, arms down to your side. You may begin. >> Okay, now I just do this? Wait, wait, wait. What I'm so sorry. What do you have to do? >> You want me to give you the instructions again? Okay. Watch me, listen. >> Yes. >> When I tell you to begin, you're going to choose either leg, doesn't matter. Lift that approximately 6 in is off the ground. You're going to keep that foot parallel to the ground. You're going to look at it. You're going to count 1,001, 1,002, 1,003 until I tell you to stop. Okay? If you put your foot down on accident, whatever the case may be. Let's say you're counting, oops, my foot just came down. Pick it back up, continue where you left off. >> Until you say stop? >> Until I say stop. >> And then I count? Or do I have to >> You're going to count 1,001, 1,002 until I tell you to stop. >> Okay. >> Okay, continue this task until I tell you to stop. >> Okay. >> Any questions? >> No. >> You may begin. >> 1,001 1,001, 1,002, 1,003, 1,004 1,005, 1,006, 1,007, 1,008 1,008, 1,009, 1,010, 1,011, 1,012, 1,013, 1,014 1,015 >> Stop. All right, um walk to my push bumper between the red and blue lights. And stop. Face that way. Okay. What I want you to do is I want you to raise your hands up, ball them up in a fist. Point your index fingers, bring that back down to your side. All right, continue to look at that that way. Move your body. Right there. Perfect. All right. No, keep doing that. Index fingers. Palm down to your side. Index finger to your side. Okay. When I say begin, you're going to close your eyes and slightly tilt your head back. And wait for my command of left or right. Okay? You understand that? >> I understand, but okay. Okay. Yeah, just let me know what I got to do and >> Okay. Let me finish the instructions. When I begin, you're going to slightly tilt your head back and close your eyes and you're going to wait for me to give the command of left or right. At which point you're going to bring that requested finger up, touch the tip of your nose and bring it straight back down to your side in one fluid motion. I'll demonstrate. >> Okay. >> Okay, I'm not going to close my eyes, but I will demonstrate. Um, raise my head back about 45°. I'm going to say left. At which point, got to watch. I'm going to bring the tip of my finger up, touch the tip of your nose and bring it straight back down in one motion. >> Okay. >> Easy enough? I do the same thing with the left. Bring it up, bring tip of your nose, bring it straight back down. >> Okay, so I just lift my head up, go with one finger and touch one like do that with my nose while I have my head back and do it on the other side with my nose. Is that what you're trying to say or am I like completely >> I don't know, you're just confusing the whole instructions. >> I guess I am. >> I'm going to I'm going to say left or right. Bring that requested finger up, touch the tip of your nose and bring it straight back down. >> Okay. >> You understand? >> I guess so. >> You guess so or it doesn't count yes or no. >> Uh I'm just going to say yes. >> All right. All right. Look at your finger. All right, this tip I'm sorry, this is the pad of your finger, this is the tip of your finger. I'm going to touch the tip of your finger to the tip of your nose, okay? And this is the tip of your nose, not the nostrils, not this nostril, not the bridge of your nose, the tip to the tip. You understand that? >> Yes. >> All right. Do you have any questions before we begin? Do you have any questions? >> I mean like no one told you have to like tell me something else to do. >> Okay. Put your hands down to your side. Index fingers down. You may begin. >> Huh? I may begin? >> You may begin. >> Please. Just like touching my nose. >> Do you remember the instructions? >> Like okay. What I remember from the instructions were you telling me to touch my nose. >> The instructions were when I say begin to close your eyes and tilt your head back and wait for me to give you the command left or right. Do you remember that? >> Yeah. Okay. >> Okay. Do you understand? >> Yes. >> Okay. You may begin. I didn't give you a command yet. Tilt your head back. Left. Left. Left. >> You're What do you mean by you said left like right? >> Yeah, but you didn't bring your finger up to touch tip of your nose. Put your hand back down. We'll start again. >> Okay. >> Tilt your head back. Close your eyes. Left. Put it down in one fluid motion. I shouldn't have to tell you to put it down. >> Just let me know when I'm supposed to do >> I don't shouldn't have to tell you to put it down. >> Okay. >> Put it down. >> Okay. >> Right. >> Can I put it down now? >> I shouldn't have to tell you to put it down. All right. I'll take it. >> Miranda timing is the second issue. Under Berkemer versus McCarty, 468 US 420, 1984, roadside questioning during a traffic stop is classified as non-custodial. Miranda was not yet required when officers asked about the prescription and the medications. But the calculus shifts when a person is no longer free to leave. Once the subject was removed from her vehicle and denied re-entry, the custodial threshold had arguably moved. No Miranda advisement was given at any point on camera. That is a documentation gap with real suppression risk. The field sobriety battery adds a third dimension. Under the NHTSA standardized protocol, the horizontal gaze nystagmus test, walk and turn, and one leg stand carry strict administration requirements. Deviation from those requirements can render the results inadmissible in court. The officer pre-screened for medical conditions before each test as NHTSA protocol requires. The subject disclosed a possible astigmatism and antipsychotic medication use, both of which must be factored into scoring. That step was correctly executed. A modified Romberg balance test was also administered. This is a supplemental drug recognition evaluation tool that specifically targets divided attention and fine motor coordination, functions degraded by benzodiazepines, the drug class Xanax belongs to. The arrest sequence is the most legally contested moment. The subject alleged four times in quick succession that the officer was trying to choke her. Under Graham versus Connor 490 US 386 1989 force is evaluated from the perspective of a reasonable officer at the moment of the decision, not in hindsight. The Graham factors. The crime was a misdemeanor DUI. The subject posed no immediate physical threat but she had repeatedly tried to re-enter her vehicle against direct orders. That pattern of non-compliance is part of the force analysis. The single camera angle does not clearly show the officer's hands during the restraint. Without corroborating footage, a definitive conclusion either way is speculation. The allegation is on the record. It was never acknowledged on camera. >> Yes. Face the car. >> Absolutely. >> Do you have anything on you that's going to poke or stick me? >> No, I don't. Nothing that's going to poke or stick you. >> I got a vein chew ball on. Can you spread your legs for me? Face the car. Spread your legs. Spread your legs. Spread your legs. Damn, girl. How can you open? That is hers. Face down. I said face down. That [ __ ] is crazy. She's good. It's all on camera. >> The camera. >> Yeah, lavender. Come on. Oh. YOU WANT TO TRY THAT? OH, YOU WANT TO CHOKE ME OUT? OH, YOU WANT TO CHOKE ME OUT, GIRL? YOU WANT TO CHOKE ME OUT, GIRL? HOLY F OH, YOU REALLY WANT TO CHOKE ME OUT, GIRL? THAT WAS NOT DOING NOTHING TO YOU. YOU WANT to choke me? Oh my god. Yeah, I'll I'll move my car behind you. >> The lead female officer receives a B minus. Her field sobriety administration was procedurally compliant. Her patience through a difficult instruction sequence was professionally appropriate, and her plain view call was legally accurate. The deductions: no Miranda advisement on camera, no response to the choking allegation during the encounter, and no explanation offered when denying phone access. Each one is a documentation failure with downstream legal exposure. The backup officer receives a B plus. He clearly articulated the full legal basis for the stop, reducing the risk of a suppression motion. His offer of waiting position choices to the subject reflected competent de-escalation. The subject receives a C plus. She correctly identified her right to record and challenged the search on property grounds. She did not physically resist, but she was driving with unprescribed schedule four controlled substances and cannabis in plain view. That decision is what opened this entire encounter. This case surfaces patterns found in traffic stops across the country, not just in Maui. Here are five lessons worth carrying forward. First, the plain view doctrine requires no intent to search. If contraband is visible from a position an officer is legally entitled to occupy, it is seizable without a warrant. There is no privacy protection for what is left in plain sight on a car seat. Second, Miranda does not attach the moment a traffic stop begins. The line is custodial status, meaning when a reasonable person would no longer feel free to leave. That threshold is rarely announced in real time, and it is frequently missed by both sides. Third, NHTSA field sobriety protocols are not suggestions. Medical disclosures before testing are required inputs, not formalities. Ignoring them hands the defense grounds to challenge the entire battery in court. Fourth, under Graham versus Connor, force is not evaluated by what the camera captures after the fact. It is evaluated by what a reasonable officer knew at that specific moment. A limited camera angle cuts both ways, and it resolves nothing by itself. Fifth, verbal non-compliance and physical resistance are legally distinct categories. A subject who argues but does not make physical contact is in a different legal position than one who fights back. That line controls the permissible force level and defines the exposure in any civil claim under Section 1983. If this kind of breakdown is useful to you, subscribe to our channel. We go case by case into the actual law governing these encounters, because knowing how these rights work in practice is what matters when it counts.