If I tell you one more time, you're going to go to jail. >> Step out of the car. >> Can I get the car? >> No. >> Step out. >> For what? >> Because you're parked in the middle of the road. >> I'm waiting. >> For what? Cuz you're sleeping. >> I'm not. >> You were sleeping. You had no idea I was standing here. I had to knock on the door to get you to wake up. >> I'm not asleep, sir. >> You were asleep. So, step out of the car. >> What do you mean? >> Step out of the car. >> Why? >> Because I'm giving you a waffle order. I'm a police officer with the town of Jupiter Police Department and I'm giving you a lawful order to step out of your car. >> Step out of the car. >> Can I put my shoes on? >> Your shoes are on. >> I know. Put my shoe on. >> Okay. Well, hurry up with that and step out. All right. Stop reaching around. Step out of the car. >> I'm not I'm just grabbing my phone. It's all my >> step out of the car. >> I'm going step out. Relax. I'm telling you this is going to be the last time I ask you to step out of the car or you're under arrest. >> I've heard you >> step out of the car. >> I heard you. I'm grabbing my >> Get out of the car. >> I You don't get out of the car. You don't have to. >> You're under arrest. >> You don't have to get out of the car, >> sir. >> You don't have to pull I can get up. I can >> I can get up. >> Get out. >> You don't have to pull me. I can get up. Let me Can I please get up? >> Get out of the car. >> I'm I'm getting up. I'm getting up. >> Get out of the car. >> I can get up. If you stop pulling me, I should get up. If you stop pulling me, I can get up. You hear me? I can get up. >> On August 1st, 2023 in Jupiter, Florida, a midnight traffic stop raised three legal questions. Was the stop lawful? Was the force proportionate? And did asking for a moment before exiting a vehicle constitute a crime? At 12:45 a.m. on a Tuesday, an officer noticed a vehicle parked in the middle of the road. These are the events that followed. Hi. How's it going? Can you turn the car off cuz you're in the middle of the road? Can you turn the car off? >> What? Pardon? >> Can you turn the car off? >> Can you put it in park and turn the car off? >> Can you turn the car off? >> Turn the car off. >> Why? >> Because you're parked in the middle of the road. >> Okay. >> Okay. Step out. >> Can you not pull my >> Step out of the car? >> Okay. Can you not pull >> Step out of the car? >> That's fine. Can you not pull my car? >> Step out of the car. >> That's fine. Step out of the car. >> Can you not be rude? >> If I tell you one more time, you're going to go to jail. >> Okay. >> Step out of the car. >> Can I get the car? >> No. >> Step out. >> For what? >> Because you're parked in the middle of the road. >> I'm waiting. >> For what? Cuz you're sleeping. >> I'm not. >> You were sleeping. You had no idea I was standing here. I had to knock on the door to get you to wake up. >> I'm not asleep, sir. >> You were asleep. So, step out of the car. >> What do you mean? >> Step out of the car. because I'm giving you a lawful order. I'm a police officer with the town of Jupiter Police Department and I'm giving you a lawful order to step out of your car. >> Step out of the car. >> I put my shoes on. I heard you. >> Your shoes are on. >> I know. Put my shoes on. >> Okay. Well, hurry up with that and step out. All right. Stop reaching around. Step out of the car. >> I'm not. I'm just grabbing my phone. It's all my >> step out of the car. >> I'm going Can you step out and relax? >> I'm telling you. This is going to be the last time I ask you to step out of the car or you're under arrest. >> I heard you. >> Step out of the car. >> I heard you. I'm be very >> Get out of the car. >> I You don't get out of the car. You're under arrest. You don't have to pull. >> Get out of the car, sir. >> You don't have to pull I can get up. I can >> I can get up. >> Get out. >> You don't have to pull me. I can get up. Let me Can I please get up? >> Get out of the car. >> I'm I'm getting up. I'm getting up. I can get out of the car. >> I can get up. If you stop pulling me, I can get up. If you stop pulling me, I can get up. You hear me? I can get up. >> Can you please stop pulling me? No. Get up. Okay. [laughter] Stop. I'm getting up. Stop pulling me. I can get >> I'm getting up, ma'am. Ma'am, >> I am. Ma'am. Ma'am, you're literally pulling me by force. >> I'm up. Do you not see that I'm physically up? Can you stop pulling me? >> Get on the ground. >> Get on the ground. >> Get on the ground. Look now. No, you don't have to do this. >> You're under arrest. >> What? >> For obstruction. >> What are you talking about? >> Can I Can you stick to my glasses, please? I can't see. >> Can you grab my glasses? No. >> Can you pull it up, please? >> I can't see. >> Ma'am. Ma'am, can you grab my glasses up, please? >> Stop. >> I'm not moving. >> Give us a minute. >> I'm not doing anything. You don't have to do this. You're being aggressive for no reason. Hold >> on your side. >> I'm going to sit you up on your butt. Okay. >> Okay. Can you put my glasses? Can you just fix my glasses? >> Put your knees up here. >> Can you fix my glasses, please? It's not on my beard. >> Okay. I'm going to sit you up. >> It's not on my glasses. >> I'm going to sit you up. >> It's not on my face. Can you fix it for me, please? >> Hold on. I'm not yelling. >> We're going to have you stand up and walk you back to the car. >> I'm not yelling. I'm fine. >> Okay. But you're not listening. >> I am listening. >> No, you're not. >> Can you Can we're going to help you stand up. Okay. >> No, I'm ready. One, two, one. >> Your shoes off. Okay. >> Stand up on three. >> Can you Can I Can you grab >> No. No. You don't get to ask us to do that. >> Why? You're under arrest and you're going to jail. >> Why is that? >> Cuz I gave you plenty of time. >> I I heard you. I just said hold on. >> No, there's no hold on. >> Why is that? We're talking We're talking. I'm not yelling. I'm not being I'm not being rude. Did I do the >> Yeah, I already canceled it. >> Stop reaching around. >> I know. I'm ask Can you fix my glasses right here, please? >> You know what? We're just going to take >> I can't see. I literally can't see. >> Can you just fix them? >> No. >> Why? >> You need to shut your mouth right now. Why are you being rude? There's nothing on me. What are you doing? >> Separate your feet for me. >> There's nothing on me. >> Okay. What are you doing? >> Well, before you go to jail, I got to make sure that there's nothing on you. >> What are you doing? >> Like a situation. Can you get out of my place? under stop. Stop moving. Face the car. Stop moving. Face the car. >> Why are you listening to me? Because you're not you don't listen. >> I am listening. >> Clearly, you don't listen. >> You need to relax. >> You need to relax and start listening to what we tell you to do. >> You not hear me? I'm literally fine. I'm not fine. You're not. I'm fine. What's your name? >> Why are you telling me to shut your mouth? >> Why are you being nasty? >> Shut your mouth right now. >> Why are you being nasty for what? What's the point of you being nasty? >> What's the point of you not listening? >> I am listening. >> Look at this. What are you doing? Any other jewelry or nothing on you? >> There's nothing on you. >> No. Okay. Jewelry. >> Take a seat. >> All right. >> Get in the car. >> I am. >> There's not one second. Sit down. >> Put your feet in. >> Put your feet in. >> I heard you. >> Put your feet in. >> I need to relax. >> No, you need to start listening. >> My leg. >> Put your foot in. I'm going to take you to the hospital. >> I heard you. >> If you don't put your foot in, my partner's going to pull you across my back seat >> because you're not listening. >> I heard you. >> I told you about 20 times to get out of the car and refuse to do that. >> What goes on? That's it. >> Yeah. >> Hi there. >> I'm Sergeant Bars. I haven't spoken to you. >> What's uh what's going on? What happened? >> Nothing. I just asked for officers. Just give me a second. >> Okay. >> They pushed me to the ground. I was asking like give me a second. I'm sorry. Nothing is wrong, man. Just being super nice. >> What? What happened? >> Nothing. >> Hey, Chris. >> Like, I'm fine. He was the s the woman. There was a man and a woman. They were really >> Just one second. We got to fix these handcuffs. Okay. You can't just slip them right back on like that. >> I know. They just came. >> Okay. That's all right. We're just going to fix them. Okay. >> This one came out. >> That's okay. We're going to fix it. No big deal. >> If Allan was asking you to talk to him, you didn't have to show me. >> Hold on. Hold on. Ma'am. Ma'am. Ma'am, you and I are going to speak in a moment. Just Just leave them alone. Let them do the hangups and we'll talk. Okay. Yeah. Just just let me talk let me talk to you first. Okay. >> Go ahead. Step out for me. >> I can get out. I can get out. >> I can get out. >> Step out. >> Step out. >> He does have to assist you. Okay. >> Don't worry about it. Can I turn my shoes back on or >> No, we'll get we'll get back for you. Okay. When you get to the station, you don't need this. to the station. >> I'm sorry. Nothing is wrong. I didn't do anything. >> Stop. We're not sure. >> I'm not doing anything. You're the one being aggressive. I'm not doing anything. I'm making sure you don't touch. >> All right, have a seat back in the car. >> Every answer begins with Pennsylvania versus Mims 434 US 106 1977. Once a lawful stop is made, an officer may order the driver to exit. No further justification required. That rule governed every command issued here. Florida statute section 843 at 02 defines or obstructing an officer in the lawful execution of a legal duty without offering violence, saying, "Give me a minute instead of complying immediately satisfies that statute." The physical extraction is of 90 US 386 1989. Force judged by what a reasonable officer knew at the moment, not in hindsight. moderate underlying offense, low but elevated threat, and 15 unanswered lawful commands. The battery charge falls under Florida statute section 784. Any unwanted touching of an officer during active resistance can satisfy the statute. Intent matters at sentencing. The charge itself does not require proven intent to cause harm. >> Sit down. >> Sit down. >> Relax. >> Put your feet in. >> Yeah. Thank you. >> Okay. Are you talking? >> Yeah. So, so, so tell me what happened. >> Nothing. I literally just was sitting in my car. I don't know where I'm going. >> Were you asleep? >> He thinks I'm asleep, but I'm not. >> Nothing is Nothing is wrong. I asked him, "Just give me a second to get out of the car." And he starts pulling me out of the car. And the baby starts pulling me out of the car. I said, "Just give me a second. You need to put my shoes on. Don't even give me a minute to put my shoes on. Pull out of the car. Don't push me to the ground. my socks and my shoes. I told him that I wasn't even asked. I said, "Give me a second." He said, "I'm like, give me a second." And he just car. All I asked was for a minute. He said, "I'm going to jail." I was like, "So what?" He didn't even talk to me or anything. I didn't do anything. >> Okay. So, other than your Was it your left knee that hurt? >> Yeah. >> Or is it your right knee? Is your right knee that one? Yeah. If I can get a baby, I'm good. Yeah, we got we got to take you to the hospital. Unfortunately, >> we we have to. That's what the rules are. Okay. >> Can I just call my husband? >> Do you have any other injuries? I don't >> Okay. I just got to make sure I document everything. Okay. >> Um you can't make a phone call right now, but we'll be able to make a you'll be able to have a phone call in a little bit. Okay. >> I don't understand. >> Okay. So So here's I'll explain to you. Okay. >> So you were you appeared to be asleep when the officer got there. >> Okay. And and just so you know, I'm going to review all the body camera and everything, so I'll I'll verify all that. But but what I my understanding is you were asleep when he got there. He pulled up behind you. You appear to be asleep. He woke you up. He asked you to get out of the car when you when you were stopped for a legal reason, which you were because your car is stopped over the crosswalk, over the uh past the stop bar. It's a legal traffic stop. Just like you got pulled over, you have to get out of the car when you're trying to get out. That's it. There's no arguing. There's no give me a minute. They just get out of the car. Anything short of that is a crime. >> Yeah. >> So So you're under arrest for resisting. >> I was You said give me a minute instead of getting out of the car and it's resisting. Even if you're saying I I'll get out of the car in a minute. No, no, no. You have to get out of the car when you're old. >> No, that's fine. I get that. I just want you to know and I know that this is a I just asked if I can put my shoe back. >> I understand. And I again I'm I'm going to look at that 12. But unfortunately, >> was it like that? Like I was I was being nasty. >> Unfortunately, even though that's all you did, that is enough to constitute. >> I get I do get that, but like this is not like >> And then apparently during the course of this, whether you did it on purpose or not, you grabbed the female officer. >> Huh? >> You pushed at the female officer and grabbed. >> Yeah, but she's just I'm going to get out. >> But that's that that's better in a law enforcement officer. I don't like I when you say push her I have to push any >> grab at her touch. >> I don't know battery is unwanted touching you any touching describe >> any any any unwanted touching is is battery. >> Okay. >> Just me putting my hand on you unwanted like whatever in the course of that is is battery in a longer so so that you're going to get charged with that tonight as well. >> Okay. They're going to take you to hospital make sure you're okay. I know it's just a little cut. They have to do it. >> I know. I know. like exactly a mile away, but still can my socks, please. >> We'll make sure you have them with you and when we get you out, we'll get them on. Okay. >> You don't need them on right now. Yeah, we got your shoe right there. Okay. >> Can I call my husband? >> Not right now. In a little bit. Okay. We'll either make a call on your behalf or you'll be able to call a little bit. Okay. >> Can I come? I can't see anything. Can I get my phone? So, is that feasible? >> Yeah. >> Okay. >> Put these on. Okay. >> Sorry. tries harder than it looks without uh from somebody else. You got it. >> I can't. Sorry. >> There you go. Good enough. >> Yeah. >> All right. Sorry about that. All right. There you go. >> Step on real quick for me. >> Yep. Can you step over here for me to the back of my car? Can you step over here? Can you step over here? Okay. I got to read you something cuz I have some questions for you. But because you're in handcuffs and you're not free to go at this point, I got to read this to you. Okay. Sorry. >> Okay. So, where are you coming from tonight? >> Sorry. >> Where's here? >> What were you doing here in Jupiter? hotel. >> You're at the hotel. Okay. Were you anywhere else tonight? >> Okay. Where are you headed to right now? >> Home. >> Where's home? >> Jupiter. >> What's your address? >> Home. It's home. >> I'm sorry. >> It's on my >> But you said you live in Jupiter, right? >> I didn't say that. >> I just asked you where you're headed to and you said home and you said I said where and you said Jupiter. >> No, I said it's on my >> Okay. Okay. So, what is your address? >> It's on my ID. >> Can you tell me what your address is? >> It's on my ID. >> Okay. So, you don't want to tell me what your address is? >> I'm not saying I'm saying it's on my ID. >> I understand that, but I'm asking you to verbally tell me what your address is. >> Can you help me get my shoes on if that's okay? >> Not right this second. No. >> Okay. How much have you had to drink tonight? >> Okay. You've had zero alcohol and beverages tonight. >> I'm okay. I'm perfectly fine. >> I'm not asking if you're okay. I'm asking you if you've had any alcoholic beverages to drink tonight. >> No sir. >> You haven't had anything to drink tonight? No. >> When's the last time you consumed any alcoholic beverages? >> You want me to give you a date? >> Yeah. If you know the date. >> I don't know. >> Okay. So, in the last 24 hours, you have not consumed any alcohol. >> I'm fine. >> I'm not asking if you're fine. I'm asking you if you've consumed any alcohol beverages. >> Okay. So, I smell the odor of alcohol coming from your breath. >> You smell alcohol? Yes. Coming from your breath. >> Yeah. So, I believe that you have consumed alcohol tonight. >> Okay. >> Okay. So, have you consumed alcohol tonight? >> Yes, sir. >> Have you consumed any alcohol tonight? >> No, I'm sorry. >> Okay. Have you consumed any drugs tonight? >> No. >> Are you normally this slow and lethargic? >> I'm slow. >> Like with responding to questions or responding to actions? I don't feel like I'm slow. Do you think I'm slow? >> I do. I think you're you're responding very slowly to everything that I ask you to do. >> I'm listening to everything that you're saying. I just want to make sure I'm answering it correctly. So, I don't >> And every time I ask you to do something, you're reacting slowly to it. So, that's why I'm asking. >> How would how would someone else act to this? >> Okay. Um, do you feel the effects of alcohol tonight? >> I'm sorry. I don't really get what you're asking. >> Okay. Would you be willing to perform a series of uh roadside tasks to help me make a better determination if you're okay to be driving? >> The governed by Florida stat 316.193. Impairment means being under the influence the extent normal faculties document of alcohols, slow response and contradictory statements establish sufficient basis for sobriety test. Field sobriety tests follow. NH nestagmma scores six clues with four or more indicating blood alcohol at or above. 08. Walk and turn scores eight clues. One leg stand scores four. or all three are admissible as impairment evidence. The breathalyzer refusal triggers Florida statute section 316.1932 implied consent is deemed to have consented to chemical testing upon a lawful DUI arrest. Refusal brings an automatic one-year suspension and is admissible at trial. Miranda is relevant here. 384 US436 and Burkimer versus McCarti 468 US42084 custodial interrogation requires Sprit's adisement. The post arrest alcohol carries suppression risk if Miranda was not delivered first. >> Am I arrested? You are under arrest right now for resisting arrest which is obstruction as well as battery on my partner. >> Battery? >> Yes, ma'am. Are you willing to complete uh roadside tasks? >> Sure. >> You are? >> Okay. All right. >> Can I get my shoes on before I continue this task? Is that okay with anybody? >> Um yeah. Can you go grab it real quick? >> Stop. Stop. Stop. Stop. Stop. >> Stop. And stop pulling your hands out of the handcuffs. >> I'm not. >> You are. >> Can you just stick some shove my hand back? >> Step over to my car. >> Step over to my car. Step over to the side. >> I'm asking you to step to the side. You're not listening. That is the problem. >> I am listening. You're not being aggressive. >> I'm not being aggressive. >> You are. Literally, >> I'm holding on to you because you continue to pull your hands out of my hand. >> I'm not. Look at you. Relax. Just >> Are you still willing to complete the roadside task that I'm requesting of you? >> Thank you. I'm talking to you. >> I'm asking you talking to Are you still willing to complete the roadside task without a question? >> I'm good. >> Okay. >> Okay. You going to help me? >> Pull your hand out. >> I'm going to let you put it on. >> Pull your hand out. >> Relax. Put your hand on my car. >> Put it right here. Don't move it. Put your hand right here. >> Put your hand on my car. Let go of Relax. I have to take your other hand out of handcuffs. Okay. >> Face the car. I have to relax. >> Don't face me. Face the car. >> Put your hand on my car. >> You're not listening. I'm not going to ask you directions. Okay. >> Here's your shoe. Your shoes off. >> Here's your sock. Please put it back on. >> Thank you. >> All right, ma'am. Can you look over here? Can you come over here? Come over here. Can you come over here, please? Right up here. >> Would you want me to come? >> Yes. Right there. Perfect. Stop right there. What I want you to do is put your feet together, heels and toes touching, arms down by your side. So your feet together just like how I Okay. Do you have any issues with your knees, knees, back, legs, anything that would preclude you from walking in a straight line or staying on the line? No. >> Now, if you have any medical issues that I should be aware of, I don't think so. >> Okay. Do you have any issues with your eyes that are not corrected by your glasses or contacts? >> Is that a no? >> No. >> Okay. Do you have any inner ear trouble? >> Do you have any inner ear trouble? What does that mean? >> Do you have any issues with your inner ear? >> Do you have any issues with your balance that you don't know? >> No. >> Okay. Can you take your glasses off for me? >> Just hold them down to your side. Okay. Okay. Can you stay with your feet together? Heels and toes touching, please. All the way together, please. All the way together. All the way. So, they're all the way touching. There you go. Do you see my red light? >> No. >> No. I need you to keep your glasses off. >> Okay. Can you put your arms out by your side? >> You don't need to focus on it perfectly. You just need to be able to see the red light. Okay. Can you put your eye or can you put your arms out by your side? >> Okay. Can you look at my red light? Do you see my red light? Are you able to keep your eyes open to keep looking at my light? >> Yeah. preferred to put my glasses on. >> I understand that, but I need you to keep your glasses on for this task. >> Okay. What I want you to do is I want you to follow my red light with your eyes and your eyes only, keeping your head still. I'm going to move it from side to side and then up and down. Do you understand that? >> Can you keep your arms down by your side, please? >> Okay. Keep your head still. Just follow with your eyes only. Okay. I need you to try to relax your eyes and not squint. Okay? >> I can't see very well. >> I understand that. But I'm not asking you to focus on it intently or read anything. I'm just simply asking you to just follow the light. >> I'm following. >> Okay. Can you keep your eyes open for me? >> My eyes are open. So, >> you keep squinting your eyes. Really? >> My eyes are open. >> You're closing your eyes. Okay. >> I didn't see you, sir. I understand. And right now your eyes are open, but every time I move it, you squint your eyes. >> Okay, we're going to move on to the next task. Okay. >> Can I put my >> Yes, you can. >> All right. You see this white line in front of you? >> Okay. What I want you to do is I want you to put your left foot on that white line. And then I want you to put your right foot with your right heel touching your left foot just like this. Okay? And then I want you to put your arms down by your side. So can you put your right heel in front of your left toe? And then I want you to keep your arms down by your side. When I tell you to begin, I want you to take nine heel to toe steps down the line. It's going to look like this. 1 2 3 so on and so forth until you get to nine. When you get to nine, you're going to keep your front foot planting and you're going to use your other foot to make a series of small steps like this to turn around. Then I want you to take nine heel to toe steps back down the line like this. One, two, three, so on and so forth until I tell you or tell you. So I want you to touch heel to toe on each and every step. Nine steps down. Turn around as I instructed. Nine heels to toe steps back down the line. Touching and toe each and every step. Keep your arms down by your side. Watch your feet. Count out loud. And once you begin walking, don't stop walking until the task is complete. Do you understand that? Do you have any questions about that? Okay, go ahead and begin. Do you remember the instructions? >> I'm waiting for you to tell me to go. >> Do you remember the instructions? >> Yeah. >> I took nine steps. >> Are you done with the task? >> I took nine steps forward. >> Okay. Do you Do you want me to explain it to you again? >> Sure. >> Can you come back over here for me? >> Okay. Go ahead and face that way for me. What I want you to do is put your left foot on the white line and then your right foot with your right heel toe your right heel touching your left toe directly in front of your left foot and then your arms down by your side. Keeping your arms down by your side, I want you to take nine heel to toe steps down the line. It's going to look like this. One, two, three, touching heel to toe each and every time. When you get to nine, I want you to keep that front foot planted and make a series of small steps with your other foot and turn around like this. Then I want you to take nine heel to toe steps back down the line like this. One, two, three. So on and so forth until you get to nine. Touch heel to toe on each and every step. Watch your feet. Count out loud keeping your arms down by your side. And once you begin walking, don't stop walking until you're completely done with the task. Do you understand all those instructions? Do you have any questions about any of those instructions? >> All right, go ahead and begin when you're ready. 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 Okay, go ahead and turn around for me. All right, for this next task, what I want you to do is keep your feet together, heels and toes touching, and then your arms down by your side. When I tell you to begin, can you put your arms down by your side? Down by your side, like this. Not in front of you, like this. Just right down by your side. When I tell you to begin, I want you to raise one leg, either leg, it's going to be your choice, approximately 6 in off the ground. So, it's going to look like this. You have both legs straight, your elevated foot pointed out, and you're going to look at your elevated foot and count out loud in the following manner. 1,00 1,002 1,003, so on and so forth until I tell you to stop. If for any reason you put your foot down, try not to, but if you do, just pick it back up and continue counting. Uh, 1,004, 105, so on and so forth until I tell you to stop. >> Sorry. >> 1,001. >> So, I want you to count in the following manner. It's going to be 1,00 1, 1,002, 100,004, so on and so forth until I tell you to stop. >> You're going to keep your elevated foot pointed out. You're going to have both legs straight. Raise one leg. Either leg, it's going to be your choice. Approximately 6 in off the ground. Do you understand that? Do you have any questions about that? All right, go ahead and begin when you're ready. on top. One, two, three, four, five, six, seven, eight, five, seven, 11, 12, 13, 14, 16, 15, 17, 16, 13, 19, 5. All right, you can go ahead and relax. >> You can go and relax. Okay, for this next task, what I want you to do is put your feet together, heels and toes touching, and your arms down by your side. I want you to make a fist with both hands, extend out your pointer finger, and then turn your wrists over like this. I want you to maintain that position until I tell you otherwise. Do you understand that? When I tell you to begin, I want you to close your eyes and tilt your head back. I will then say left or right. Whichever hand I direct, I want you to touch the tip of your finger till the tip of your nose. Come right back down to your side. So, it's going to look like this. When I tell you to begin, you'll close your eyes, tilt your right back. I'm going to keep my eyes open for demonstration purposes. If I say left, I want you to touch the tip of your finger to the tip of your nose. Come right back down. If I say right, I want you to touch the tip of your finger to the tip of your nose. Come right back down. For the purposes of this task, this is the pad of your finger. These are the sides. This is the tip. I want you to touch the tip of your finger to the tip of your nose. Come right back down to your side. Do you understand that? Do you have any questions? >> Can you go back in the position that I instructed you? >> Do you remember the position that I instructed you? >> All right, go ahead and begin. >> I'm waiting for you to tell me. Do you remember the instructions? >> Okay. So, what I want you to do is put your feet together, heels and toes touching. All the way. All the way. You're not touching. Okay. When I tell you to begin, I want you to tilt your head back and close your eyes. Don't do it until I tell you. Ma'am, look at me. Don't do it until I tell you. When I tell you to begin, I want you to close your eyes, tilt your head back. I will then say left or right. whichever hand I direct. I want you to touch the tip of your finger to the tip of your nose. Bring it right back down to your side. Okay. So, I'll demonstrate the task again. So, it's going to look like this. When I say it again, you close your eyes, close your eye back. I'm going to keep my eyes open for demonstration purposes. If I say left, touch the tip of your finger to the tip of your nose. Come right back up. When I say right, touch the tip of your finger to the tip of your nose. Come right back down. Do you understand all the instructions? Do you have any questions on the instructions? Is that a no? You don't have any questions? Okay. Go ahead again. Close your eyes. Tilt your back. Left, right, left, right. right? >> Left. Okay. What's your highest level of education? >> Bes. >> Okay. Are you comfortable with the English alphabet from A to Z, not backwards? >> You are. Okay. So, for this next task, what I want you to do is touch your feet together, heels and toes touching, arms down by your side. When I tell you to begin, I want you to close your eyes and tilt your head back. And then I want you to recite the entire English alphabet from A to Z in a slow, non-riythmic manner. Meaning, you're not going to sing it, not going to rhyme it, anything like that. It's going to be nice and monotone. It's going to look like this. When I tell you to begin, you close your eyes, turn back. Again, I'm keeping my eyes open for demonstration purposes. And you'll begin A B C. Nice and monotone. Do you understand that? >> Do you have any questions about that? All right, go ahead. >> A B C D E F G H I J K L O N O Q R S T U V W S Y Okay, first next task. What I'd like for you to do, look at me. Go ahead and close your eyes. Tilt your head back. Go ahead and close your eyes. Tilt your head back. >> They're all done right now. >> And then put your arms out like you're an airplane. Nope. Straight out like you're an airplane. Close your eyes. Tilt your head back. The was lawful. Mims was correctly applied and 15 commands before the contact. Real restraint. The deduction. The extraction's forcefulness relative to the threat level. A non-aggressive barefoot subject sits at the upper range of what Graham permits. The female officer receives a C+. Her tactical role in the extraction communive. Ordering the subject to shut your mouth is inflammatory, unprofessional, and creates evidentary exposure the department does not need in any subsequent proceeding. Sergeant Bars receives an A minus. His arrival immediately a D was accurate, calm, and thorough. Commitment to footage before drawing inclusion. Textbook supervisory practice. The deduction. The battery charge warranted more scrutiny before being formally confirmed. Pure vial to comply with a Mims authorized exit command generated every charge that followed. She earns credit for agreeing to voluntary field sobriety testing engaging the sergeant without physical escalation. Those choices limited the consequences considerably. Every encounter like this carries lessons that extend well beyond the individuals involved. Five stand out here, each grounded in statute and case law. They are worth knowing regardless of which side of a traffic stop you are on. Lesson one, Pennsylvania versus Mims is settled law. A lawful stop gives officers authority to order you out. There is no legal right to negotiate or delay. Compliance is the only option the law protects from the moment that command is issued. Lesson two 02 reaches further than people expect. A verbal delay response to a lawful for criminal charge. Courts have sustained prosecutions based on exactly this kind of passive non-compliant. Lesson three. Under Graham versus Connor, force is measured at the moment it is applied, not afterward. Officers must document every fact known at that time. That documentation is what separates a lawful use of force from a viable civil rights claim. Lesson four, Florida's implied consent law under section 316.132 is not optional. Refusing a breathalyzer adds a mandatory shmiss. It does not prevent a dishwer communication is evidentiary. every word spoken on a body and and admissible. Inflammatory language does not state. It enters the courtroom and becomes part of the record that judges and juries use to evaluate the entire encounter. This case resolved with a conviction, 12 months probation, a 6-month license community suspension, and mandatory DUI school. What the law weighs is not how the moment felt. It weighs statute precedent, and the documented record. This analysis was useful. Subscribe to our channel. We break real case law and real statutes every week. No agenda. Understanding how the law actually operates in the field is one of the most practical things any citizen can