Shut Shut the Shut the door. Well, >> easy. Close the door. Like, I'm just >> No, you can't shut the door. >> I'm just ready to go. Like, >> shut. >> Shut the door or I'm going to take you to jail. So, >> this has nothing to do with you. >> On December 2nd, 2024 in the Tampa Bay area of Florida, a speeding stop escalated into a dual arrest, raising four legal questions worth examining. Hi, I'm Officer Tim Police Department. The reason I'm stopping you is cuz we were coming down Nebraska going 50 miles an hour. Uh, so it was 30 right there. Do you have your uh driver's license? >> I do. Awesome. Is this your car? >> It is. >> You have the I'm sorry. >> It's under my mom's name, but yeah, it's my car. Got >> you have the registration insurance on that. >> Mhm. You still live in Temple Terrace? >> Yeah. >> Where you guys coming from? >> My house. >> Coming from what? >> My house. Tumble terrace. >> Oh, you coming from Tumble Terrace? >> Yeah. >> Where you guys headed? >> I'm dropping my friend off to work. >> Oh, okay. >> But registration is your mom's name. >> That's registration. >> No, this is the registration. Okay. >> She has like >> Okay. >> Yeah. >> My car. >> You need the insurance. >> Aren't you just able to look up like the ID has insurance because Do you have the app on your phone? You see? >> It's okay. What? What? >> No, I don't have the app. >> Insurance company. >> It's in there. It's in there. >> Do you know what company it is? >> I don't. >> It's okay. I'll try. I'll try and look. Give me one second. >> Thank you. >> You're welcome. Here you go. The stop itself is airtight.83 authorizes a stop anytime a driver exceeds the posted limit. 50 in a 30 zone is probable cause full stop. Once the office statute section 3600.193 authorized expanding into a DUI investigation that expansion is lawful under Illinois versive the officer ran all three NHTSA standardized field sobriety tests and completed the required pre-EST screening before each one. skipping that screening can get results suppressed in court. >> Okay. Uh well, real quick, just want not stay in the middle of the road. How about let me just talk to you over here on the side real quick? >> Do you want me to turn around or >> No, no. Just hop on out. I just want to talk to you behind your car so I don't get hit by one of these passing cars. >> I found my registry. >> It's okay. I was able to look all up. >> Um can you talk to me right here? It's cold. No, cuz I don't want to get hit by a car. >> This side. >> It's okay. I'll get out. You leave your car on. >> No, I was just make sure the heater was on. >> You have a jacket or anything? Um, >> yeah. about your store. Right behind your car is fine. So, uh, where you guys coming from? >> Your house. >> Okay. Um, where you from? You guys are coming from Get back in the car for me. >> I am in the car. >> No, shut the door. >> Close the door. Shut Shut the Shut the door. Well, >> easy. Close the door. Like, I'm just >> No, you can't shut the door. >> I'm just ready to go. Like, shut >> the door or I'm going to take you to jail. So, this has nothing to do with you. >> What are you? >> Okay. Uh, sorry. >> So, Okay. Well, uh, where'd you get the wristbands from? >> The club they were at. >> How'd you get them? They let me in, but Oh, >> okay. >> I was I'm literally DD. Like, I came from my house, but I didn't know we were stopping at the club, so I Oh, >> gotcha. Uh, how many drinks have you had tonight? >> None. >> You haven't drank anything tonight? >> Okay. It's the reason I smell it. >> Um, okay. >> I got gum in my mouth, but I don't know if that's has anything to do with it. >> All right. Well, uh, real quick here, hop along on the sidewalk for me. So, real quick, car fields bar, I just want to check your eyes, make sure you're okay to be driving here. Same way like facing this way. There you go. Uh, if you just stand with your feet together, your hands by your side, touching your thighs. Uh, you wear contacts or glasses. Do >> you have any uh medical conditions? See a doctor for anything? Uh, prescription medication for anxiety. But >> you take what? I see. I thought for anxiety, but I don't take prescription. >> Okay. Uh, you have any injuries or disabilities? >> No. >> Okay. All right. You see the tip of my pen? Uh, what color is it? >> Red. >> So, what I want you to do is I'm going to move it back and forth several times. >> I'm I want you to follow it with your eyes without moving your head. Okay. Heat. Heat. All right. If you don't get back in the car, you're going to go to jail. Close your door. >> Izzy, it's okay. Like, I just want to go home. Like, it's the worst person. >> Sorry. It's okay. That's That's not That is not your fault. >> Izzy, it's okay. >> I'm sorry. Oops. >> Excuse me, sir. >> What are you doing? >> Close the door. Or you going to >> just listen to them. >> No. Close the door now. >> What are you doing? >> If I walk over there, you're going to go in handcuffs and be arrested. >> What are you doing? >> This has nothing to do with you. You're detained for a traffic stop, >> sir. >> Close the door. >> I understand. We're detained for a traffic stop. >> Close the door. >> You're interfering with the investigation. Close the door. >> Sir, can I ask? >> No. No. I'm going to arrest you if I walk over there. >> Close the door. >> Close the door. >> I am staying in the vehicle. Close the door. >> Anything. So, I'm under I'm trying to ask you right now, what are you doing? >> You're going to go to jail. Is that what you want? >> For what? >> Obstruction. You're interfering with an investigation. There is no investigation. >> Close the door. >> What is the investigation about this? >> Close the door right now. >> Sir, I am trying to understand. What do you want me to close the door for? I am in the vehicle. I am just calmly. >> You have been putting that red light on my friend for like more than a minute. 2 minutes. >> Can you please tell me what you guys are doing? >> That's annoying. Sir, Mr. police officer. >> Sir, >> are you done? >> I'm not done. >> Stop. Okay. >> No, I'm just >> All right. The next exercise we do is a walking turn. Uh, do me a favor. Hang on. Right here. >> Can I ask a question? >> Hang on. Hang on. You're being Okay, hang on. Right here. All right. Step out of the car. >> No, sir. I carry out the car. >> Yes, you are. Step out of the car. >> Okay. I'm just trying to understand. >> Step out of the car, >> sir. I'm trying to understand what's going on. >> Put your hands behind your back. >> Put your hands behind your back. >> All right. That's fine. >> No, you're being fine. Just chill out. >> What did I do? >> What did I do, though? >> You're not listening. >> No, I'm just trying to understand what's going on because you guys >> physically >> you're literally pointing that red light at her for like a whole like Let's go there. >> 30 minutes. >> Face the Face the door. >> I'm trying to be cooperative. I stayed in my vehicle. I'm just asking. >> I told you to close the door 10 times. >> Come right this way. >> I'm just Can you please like pause my phone and then put it back in the car? >> No. >> Not only that, like I really >> walk. >> Like investigation. >> Walk. I'm going to make you. >> What is the investigation? too. I'm already 10:15. >> Uh, one time with as a passenger. >> Can I pull my skirt down? Okay. Can I please pull my skirt down? >> Pull down. We're walking. >> I'm trying. Calling me. Okay, then. I need to up the front seat. >> Don't face me. >> Can you turn on your body cam? >> Sir, what is your badge number? Ow. >> What is YOUR BADGE NUMBER? >> 107. >> NO. WHY are you manhandling me like that? >> 107. What is your badge number? >> You twice now. Have a seat. >> 107. Okay. Can I pull my skirt down? Is up. >> She said have a seat. >> I'm just going to pour a skirt down. Seriously. >> It's fine. Okay. I'm getting in the car. Please let me go. I'm getting in the car. Is your body cam even on? >> Make sure she's fine. >> What is your number, sir? Give >> her go this side. 959 and yours is 107. Go sidewalk. Is >> Okay. Is your guys's body cam on? Are you guys body cam? >> Yes. >> Why haven't you responded yet? What the? >> You're under arrest. >> For what? >> Obstruction. >> Obstruction of what, sir? >> Okay. >> Obstruction of what, sir? All I was asking was what is going on with my friend? >> I'm going have to stay on the sidewalk. Bro, it's her birthday. I'm serious right now. I was I was just trying to have a simple conversation about what is going on. Oh my god, I'm over this. It is what it is, bro. Okay, so the next exercise we do, it's a walking turn. Here. Come right in front of my car for me. >> Yeah, you're good right there. Perfect. >> [sighs] >> See this straight white line I just put down? So that's what we're going to use. Okay. So basically I'm going to put you in a starting position. Okay? And then I'll explain the whole exercise on and demonstrate it for you and then I'll ask you if you have any questions. Okay? So I want you to put your left foot on that line then your So are are you comfortable on those or would you rather do this barefoot? Whatever, whatever's more comfortable for you. >> Warmer, I'm comfortable. >> Then your right foot in front of your left foot, touching heel to toe, like directly in front of it. There you go. Then your hands by your side, touching your thighs. All right. So, I want you to stand just like that, and I want you to move or begin until I tell you to start. Okay? So, when I tell you to begin, what you're going to do is you're going to take nine heel totoe steps down this line. Then, you're going to do a turn. I'll show you how to do it. And then you're going to take nine heel to toe steps back. The whole time you're going to be looking at your feet. You're gonna count each step out loud, keeping your hands by your sides. I want you start walking. You don't stop until you're done. So, I'll demonstrate it for you. So, when I tell you to begin, you're going to go 1 2 3 so on so forth until you get to nine. When you reach nine, you keep this front foot planted. Your back foot comes off the line. With a series of small steps, you turn around and take nine steps the exact same way. One, two, three. So on so forth until you reach nine. Um, just go back to that starting position for me. Um, you have any questions about it? >> All right. Well, if you don't have any questions and you understand all the instructions, you can begin whenever you're ready. [snorts] >> Hands by your side, touching your thighs. Okay. So, the next exercise we do, it's a one leg stand. So, uh stand right where you are. It's fine. With your feet together, facing my car. Here you go. With your feet together and your hands by your side, touching your thighs. So, uh same thing. I want you to stand just like that. I don't want you to move or begin until I tell you to start. Okay. >> You said one leg. >> So, the same thing. I'll uh explain the whole exercise. I'll demonstrate it. Then I'll ask you if you have any questions. Okay. So, when I tell you to begin, you're going to pick a foot. It doesn't matter which one. Your right foot or your left foot. And you're going to raise it 6 in off the ground like that of a coke cam. You're going to keep your foot parallel to the ground. So, your toes not pointed down. It's not pointed up. It's parallel to the ground. You're [snorts] going to keep both legs straight and your hands by your sides. And you're going to look at whichever foot you have raised. And you're going to count out loud. 1001 10002 1003 so on so forth until I tell you to stop. >> My best friend is always gets pulled over. It's so unfair for her. [snorts] So annoyed. >> So I'll demonstrate it for you. When I tell you to begin, you're going to go 1,00 1,002 1,003 1,004 1,005 so on so forth until I tell you to stop. Both legs straight, hands by your side, foots parallel to the ground. So your toe is not pointed down. It's not pointed up. It's parallel to the ground and looking at your foot. All right. You have any questions about it? All right. If you don't have any questions and you understand all the instructions, you begin whenever you're ready. >> Obstruction. Are you serious right now? Obstruction. All they said was just get out the vehicle. They didn't even say why or nothing. I'm so annoyed. 910. >> Looking down at your foot. >> Looking at your foot. >> 2011 2012 13 14 15 16 17 >> PI T use 4081 1997. An officer may order a passenger to remain in the vehicle or to exit it. Either direction is constitutionally permissible. The command to keep the door closed is a lawful order. 002 defines resisting without violence willfully obstructing an officer in the lawful execution of a legal duty. Deliberate repeated non-compliance is enough. No physical contact required. Three elements lawful duty. A DUI investigation qualifies. The resistance must be willful. Refusing the same command more than 10 times meets that. And splitting officer attention during field testing does exactly that. One line matters. Criticism of police is protected speech under the first amendment. What crosses into obstruction here is not the words. It is holding the vehicle door open against a direct and lawful command repeatedly. Upon the vehicle search, the no warrant argument under South Dakota versus Operan 428 US 364 1976. A warrantless inventory search of an impounded vehicle is constitutionally permissible. The Miranda issue is the mod sobriety get wrong. Flora courts treat roadside sobriety exercises as nonfor arrest investigation investigations for casterial synthet. >> The officer receives a C protocol. The inventory search authority was TSA protocol. The end the force used to secure authority was properly invoked was proportionate under Graham versus Connor 386 1989. The grade is not higher because issuing repeated ultimatums over a car door instead of completing the field test first and returning to the issue split his investigative attention and escalated rather than managed the encounter. The cooperated completed all three sobriety tests and did not resist arrest. The grade stops there because she did not invoke her right to decline field testing and kept talking in the patrol vehicle when silence was the correct move. She asked for badge numbers and correctly told her companion to stop talking. The instincts were right, but compliance first, legal remedy second, is how rights are protected in practice. She got the sequence backward. >> Okay, you can stop. Uh, so with your feet together, then your hands by your side still. So, uh, facing that way. So, real quick, I'll kind of explain what's going on. Um, I don't I've been >> Yeah, you're good. Sure enough. >> Okay. So, you are in place for DUI. Okay. >> If we're being detained, no one said you have the right to remain silent or anything. [snorts] >> Uh, no. >> Can you get some pants in my trunk? >> Um, well, so when you get to jail, they're going to change you out anyway. Come right over here for me. you in the car. You need like your phone, the wallet. Okay. So, whenever we do get to the jail, I'm going to ask you to provide a sample of your breath. Is that something you're willing to do? All right. So, basically, if you don't, your license gets suspended for a year. It'll be used against you in court. Um, but I'll I'll read you something once we get down there. Okay. >> Officer, >> screw over. >> You have no right to search your vehicle right now. Wait. No. You don't have a warrant to search my my car. You don't have a warrant to search. >> Get back in the car. >> Wait. No. No. Sir, >> you have no right to search her car. Officer, I want your supervisor right now. You have no right to search your car. >> You don't have the right to search my >> to search your car. Okay. Whenever you're arrested, >> okay? If I'm arrested, you read me my Miranda rights. You don't search my car for no reason. >> Searching your car. >> But you say my Miranda rights. You don't just search my car for no reason. Yes, you do. If I'm under arrest, I don't say you have the right to remain silent years. You didn't say that. >> I don't need to be a police officer to know my rights. I'm a college student. >> So, you can stop ging me and you don't need to be aggressive with my friend and you don't need to search my car and I know the law. So, you don't have to do that. >> It's going to be searched. Okay. It's called an inventory search. >> Okay. Then you can state that, but you don't have to be aggressive with me cuz I wasn't aggressive with you. And you don't have to grip my arm like that. >> Come over here respectfully. I keep telling you cuz I heard I didn't follow the rules or no. >> You said everything I need rules. >> I wasn't following the rules. >> Other side of the car. >> Can you get my phone, please? >> Yep. >> Miranda Rice. >> OFFICER, YOU DID NOT READ my random right. Not only that, my phone is on top of the car. Please get my phone from on top of the car. Is your body camera on? Bro, this is unfair as their body camera is not on. Um, >> officer, >> is your body camera on my Okay, my phone is on top of the car, sir. >> Forward. >> Officer, my phone is on top of the car. Please don't drive off without my phone on top of the car. You put it on top of the car, sir. >> I Please, listen to me. Please sit back. >> I understand that. >> Trust me, Izzy. Izzy. Trust me. Can you place him back? >> I am. >> Not only that, officer. Like, why are y'all searching her car? >> So, it's called inventory search cuz we have to tow it so we can search. >> No, that's how it works. Put your leg back in. >> Please get my phone on top of the car. I'm going to >> I have a lot of memories. Okay, I'm going to go with my baby brother. >> Oh my. >> I don't give a They're not supposed to do this. You're not supposed to search your car. I'm saying. >> I know I said something, but stop. >> I don't care. They're not. >> Izzy, listen to me. >> Is there a body cam even? Is he listening to me? Izzy, listen to me. Izzy, listen to me. Izzy, listen. >> Why did they TELL YOU SOMETHING? >> IZZY, LISTEN TO ME. SHUT UP. Listen to me. You're giving away too much information. You need to be quiet. We're in handcuffs. We're being arrested. You need to say as little as possible. Stop talking. Stop. >> Okay. Okay. All I'm saying is >> Jesus Christ. Okay. But at the end of the day, I'm going to keep saying what the they're doing. >> I understand. I said, "Okay, searching the car." Yes, but stop saying nothing more than that. >> See, all I'm saying is they're not supposed to search the car. That's what I said. Number one. I said number two. >> I said that too, Izzy. That's why I said just trust me. Stop saying you're saying more than you think. >> Um, see, I'm backing you up. At the end of the day, we were at separate times. There's a camera inside this car. There's a camera out there. I said, "Is your body cams on? What's your badge number and everything?" >> I heard you, Izzy. I feel I'mma back you up. Like all I'm saying is they're not supposed to search the car. They didn't even tell us what we're stepping out the vehicle for. We did not have to step out the vehicle for nothing. You saw how it took them a a while to a while to arrest me. >> I know. >> Exactly. Because I had the cameras rolling, um, that camera has been rolling since it's been on the top of your car. [clears throat] That's why I said don't leave my phone on top of the car. No. Officer, is are you guys grabbing my phone from on top of the car? You put it one of y'all officers put it there on top of her car. Please just put it back in the car because it's not I have important memories on there like my baby brother and stuff. Like for real. >> His birthday just passed. Like for real that like my baby brother is on is in that phone on top of the car that y'all put it on. I have it in my hand. >> Okay. Thank you. >> Are you detaining us, sir? >> What's that? >> Are you detaining us, sir? >> You're both under arrest. >> We're both under arrest. Um, can you tell us why we're under arrest? >> Uh, her for DUI and you for uh resisting, obstructing, and opposing. We look good on you. We look good on the computer screen. There's nothing else to do but just seriously just literally [snorts] >> like on the moon is please. >> No, we're already in the back of this. >> I know, but we look so good on the on his laptop. >> Is he please >> officer? >> Yes. I just want you to know you did this on her birthday. >> So, I hope you feel really good about yourself. >> Uh, I didn't give her liquor and throw her some keys. I would never let my friend drive. I'd never let my friend friend drive on her birthday. >> She was actually pretty cooperative, bro. >> So, that's that's why I was trying to ask why you made it seem like I wasn't listening to you. >> Well, at the very end, you got a little excitable. >> Unless you slammed it on my friend's face. Of course, I'm going to be defensive about yourself, >> right? >> I I I get that. >> When I was trying to talk to you, I was staying calm and everything. Like, I stayed my body in the vehicle and everything and I was just trying to ask you like, "Hey, like it just feels like you've been pointing I don't know that red laser at my friend's face for a very long time. I don't know what you're >> trying to do test, but I I don't want to say too much, honestly. I don't really >> Well, yeah, that's just what I'm saying. Mr. officer. >> I just wanted to understand your point of view, sir. >> Well, I was telling you to do stuff. I gave you 100 chances and you didn't >> It wasn't about 100 chances. Like I just feel like as a personnel of this city as a protector, as a server and everything like at the end of the day like this is my best friend and everything. And I just like when I ask questions, I just feel like if I'm staying in the car and everything, like you shouldn't have to like get all like like aggressive and I'm staying in the car. I literally told you I'm staying in the car. I'm asking just questions about what is going on, like what is happening because >> I'm trying to conduct my investigation. You're yelling at me. >> No, I wasn't trying to. I wasn't yelling at you. I mean, you were about like 50 ft away. Maybe 5t away or whatever. 5 10 ft away. like a good amount between you and the other like police car. It's just that this footage illustrates five lessons that apply to almost any law enforcement encounter. Knowing them before you are in the situation is the only preparation that actually counts. Lesson one, a lawful order does not require your agreement. 551 US 249 2007. and you are seized the moment a traffic stop begins. Passenger included. Compliance on the roadside. Disagreement in court. Lesson two, the right to remain silent starts the moment you decide to use it. Statement inside a patrol vehicle can be used against you. Saying as little as possible from that point forward is the correct move. Lesson three, testing is not legally mandatory in Florida. Refusing is a legal option, but refusal can be introduced as evidence of consciousness of guilt. Know that trade-off before the moment arrives. Lesson four. Once a vetoode following an arrest, Operan authorizes the search. If you believe the underlying arrest was unlawful, that is the argument to make. The warrant objection does not apply here. Lesson five, document everything in the moment. Asking for a badge number out loud on camera creates a contemporaneous record that holds up in any legal proceeding far better than a recollection made hours later. Isabella was charged with resisting arrest without violence under 43. AMS was charged with DUI on a Florida statute section 316.193. What happened in court is not known at the time of this analysis. The legal framework governing traffic stops operates of the circumstances that brought someone to that moment. Knowing the rules before you are in it is not paranoia. It is the only preparation that actually help. If this breakdown helped you understand how the law applies in situations like this, subscribe to our channel and drop the footage or the question you want covered next in the comments. We read all of them.