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Don't resist. You're going to You're going to go to jail. >> It's not resisting. >> It's not resisting. >> Don't pull. Wait. Stop. She's She's fighting. >> Stop. Stop. Let go. Do it now. I said let go. I said you're pulling You're pulling your arm back. >> I could have my phone. >> You weak of liquor right now. >> Somewhere in Florida, officers initiated a traffic stop after observing a red light violation. What followed was a 34-minute encounter that puts three distinct legal questions on the table. The first and most consequential, can an officer make a DUI arrest without a breathalyzer? Under Florida statute section 316.193, the answer is an unqualified yes. >> What are you doing? >> Hi. What are you doing? >> What are you covering up? >> I'm not covering anything up. You literally just threw everything down onto the floorboard. >> I was grabbing my bag for my license. >> You were literally throwing [ __ ] down. >> I'm parking here because I work here. >> She tried covering something up on the floorboard. >> You know why I'm You know why I'm pulling you over, >> Sienna? >> You know why I'm pulling you over? >> Why? >> You're going to give me attitude right now like you're annoyed because you went right through the red light in front of Orange and Okay. What is working here driving through a red light on Orange and Washington? >> I'm late from break and I'm sorry. You're late from break? >> Yes. >> Okay. >> Where do you work >> here? >> Ma'am, do me a favor. Put your car in park. >> Yeah, it's >> I can't because I pulled over cuz I saw you behind me. >> Put your car in park. >> Oh, yeah. >> You want to talk to me? So, what do you do for work? >> What I do for work? >> Uh-huh. >> Sales vacation. >> Sales vacation. >> Vacation. Sales. >> Okay. So, there's a open bottle of tequila in the car. How many How many? Ma'am, I'm not arguing with you. I'm talking that's like ma'am. Ma'am, let's talk. >> How many drinks did you have today? >> None. >> Huh? Okay. >> Why is there an open bottle of tequila in the car? >> There's not. >> Why did you blow by that red light? >> I didn't blow by a red light. >> Okay, you did. Do me a favor. Put your phone up there. >> Don't hang up. >> I'm not going to hang up. >> Ma'am, just take your phone out right now. You You're detained for a traffic stop. Okay. Do me a favor. >> I'm already parked. >> Ma'am, do me a favor. Step out the car for me. >> I'm going to bring my car. >> No, you're not. Ma'am, please step out of the car. Ma'am, >> you can't take my car. >> All right. Don't resist. You're going to You're going to go to jail. >> It's not resisting. It's not resisting. >> Don't pull away. Stop. She's She's fighting. >> Stop. Stop. Let go. Do it now. I said let go. I said let You're pulling You're pulling your arm back. >> I could have my phone. >> You weak of liquor right now. Whoa. What is going on? Sienna, make sure you stay on the phone, please. >> I wonder if she's involved in 73, too. >> It's 73. What is that? >> We're not talking to you. >> Yes, you are. >> We're talking to each other. >> Sienna, >> what's on the back? >> Where's my phone? >> What? What's up here? >> What is going on with you today? >> Sienna, >> what is going on with you right now? >> Sienna, >> you do not need to be here. I'm hanging up with him. No, do not hit me on my phone. That's illegal, >> ma'am. This is not illegal. >> Her brother is a police officer. >> Okay. Well, guess what? You're looking at two police. >> I'm doing her a favor because if she comes here to this location and obstructs this investigation, she goes to jail. So, I'm doing her interrupt. >> She's literally looking for your location right now. >> Ma'am, >> Ma'am, >> you've been extremely uncooperative at this point. >> I'm I'm cooperative. What What do you guys need from me? >> You wreak of alcohol. >> What do you guys need from me? >> I'm trying to talk to you. Stop talking over me. Answer my question. I'm sorry, sir. >> How many drinks do you have? Because you wreak of alcohol. >> I have not had any drinks. >> Nothing. >> Nothing. >> Okay. >> So, if I do some exercises, are you willing to do some exercises? >> Is that legal? >> You don't have to do them. >> Okay, let's do it. >> Do you want to do them? If I take you out of these handcuffs, are you going to cooperate? >> Yes, sir. >> I promise. >> If you if you act up, you will get a charge of additional charges. Do you understand that? >> Yes. I will not act up. >> You're I'm out with you, right? >> Yeah. I said 18. Uh, check if they have 18 or 19. work here. >> Where do you work? >> Off the 19. >> This is Hilton. You might not see it on the building, but this is Hilton vacation sales. >> Okay. >> How many drinks did you have today? >> None. >> Come over. >> Turn off your front lights. >> Should I take them off? >> If you would like to take them off, you have that opportunity to take them off. >> It's okay. >> Why did you urinate yourself? >> Why? What's that? >> I sat in juice. >> Okay. >> I just got tacos. I should have kept. >> Do you want to take your shoes off? >> No, it's okay. >> Okay. come over. >> Do you take any medications? >> No. >> Have you had traumatic brain injury? >> No. >> Do you have resting nestagmas? >> No. >> Do you wear contacts? >> I wear contacts. >> Are you wearing them now? >> Yes. >> Okay, that's fine. Uh, did you smoke any cannabis today? >> No. >> Do you any other drugs? >> No. >> No. All right. So, overall, are you healthy? >> I'm healthy. >> Okay. Can you come over here? Put your feet together >> to take them off. >> If you would like to take them off, that you 100% up to you. >> Yeah. >> And get the 91 out of there. See? >> You know, you can't pull over somebody who's parked. >> Ma'am, I don't understand. I don't know what you know, but I You committed a traffic violation at Orange in Washington. >> But you can't pull over somebody who's parked. >> Who said that? >> You can't. Ma'am, >> I know that. >> Okay, ma'am. So, are you going to equip? Uh, >> yes, I am. But I'm telling you right now, you cannot pull over something. >> That's going to be our argument once we're done with this. But as of right now, you are detained. >> Can you put your feet together? Hands onto your side. And do you have any medical conditions? Are you under the care of a physician? >> No, sir. >> All right. Can you straighten your head for me? All right. I want you to follow this blue light. It's called the stimulus. with your eyes and your eyes only without moving your head. Do you understand? >> Yes, sir. >> Can I blink? Is that okay? Can you keep your hands on? >> Sorry, there was a raindrop on my head. >> You're moving your head. So, we're going to start this. >> Am I moving my head? >> I'm not asking you. I'm telling you. You're moving your head. >> How did I move my head? >> With your neck? >> I didn't, >> man. I'm not Can we do it again? We're going to do it again. Please. >> All right. Keep your feet together. Hands on to your side, not behind your back. >> We're going to go over here where it's dry. Okay, let's take a walk. Hands down to the side, not up. Raindrops. >> So am I here. I'll let you stand on this side or you're covered. All right. No, not on this duke. Right here. So your feet together, your hands to your side. >> Hands to your side. Okay. >> And keep them there. Yes, sir. >> Follow this with your eyes and your eyes only. Do not move your head. 2026. >> Ma'am, don't just follow this with your eyes only. We're going to start again. Every time you do that, I have to start over. If you are unable to do it, I will stop the exercise >> and determine that you're unable to do it. If you if you're unable to follow basic directions, >> I can follow this. I'm sorry. Heat up here. some mosquito on it. All right. So, now that you don't have that, the the ground is pretty flat, right? >> Except for these things under it. Yeah. >> Okay. You want to scrape those off? You can come over here now. All right. Um, can you face this way? Face that way. Right. Can you imagine a line about the width of your foot from here all the way over there? Correct. >> Like a generally straight line like from here all the way over there. >> Can you put your left foot on that line? Your left foot. That's your right. Your left foot on the line. Your right foot. Heel to toe. Just like this. heels and hands on to your side and hold that position till I'm done explaining break starting position. Keep that right there. All right. >> I'm naturally a clumsy person. >> Okay. When I tell you you're going to take nine heel toe steps, >> plant your lead foot. Take a series of small steps. >> What's my lead foot? My left. >> Let me finish my instructions. Okay. When I tell you you're going to take nine heel toe steps. Plant your lead foot. Take a series of small steps and take nine heel toe steps. >> Is my phone still on my car? >> It's getting wet. >> Is your phone in the car? >> My phone is getting wet and I would not like to get it. >> Okay. >> You're you're not free to do that. Your hands onto your side, not behind your back. >> All right. So, once again, I'm going to instruct you again when I tell you you're going to take nine heel toe steps. Plant your lead foot. Take a series of small steps and take nine heel toe steps back. I'm going to demonstrate with three steps. You're going to do nine. Watch my demonstration. >> Watch my demonstration. >> 1 2 3 all the way to nine. Plant your lead foot. Take a series of small steps. One 2 3 all the way to nine. I did three steps. You're going to do nine. >> Okay. >> Do you understand? Yes sir. >> Once you start, do not stop. Look down at your feet the whole time and count every step aloud. [snorts] Do you understand? >> Yes, sir. >> You may begin. Go. 1 2 3 4 5 6 7 8 >> 9 10. >> Same way I instructed you. >> That was nine. >> Same way I instructed you. You said you understand my instructions. >> I was nine. >> Okay. >> So, do you like me to do more >> the way I instructed you? >> 1 2 3 4 5 6 7 8 9. I have now did 18. Is there anything else you would like? >> The way I instructed you. Remember my instructions? >> Yes, sir. >> All right. Then do it the way I instructed you. I did that. >> So, you're done? >> No. >> Okay. >> So, you want me to go heel to toe? You want me my tell her to touch the heel? >> The way I instructed you, ma'am. >> One. Stepping on my toes. 2 3 4 5 6 7 8 9. And we're at the end now. >> Okay. And you're done. Are you done? >> This is what you instructed me. >> Okay. So that you believe that to be my instruction. Okay, cool. Let's go. Come over here. We're going out to the next one. All right. Come over here. Face me. All right. The next exercise we're going to do is the one leg stand. You could pick any foot you want. Your left, your right, your right or left. It doesn't matter. It's completely up to you. >> You're going to >> You're going to use your right. Okay, you're going to take that foot, raise it approximately 6 in off the ground. You know the height of a soda can. >> It's really small, >> right? About 6 in is the height of a soda can. All right. You're going to raise your foot. You're going to look down at your foot and you're going to count aloud. 1,00 1,002 1003. I'm going to demonstrate. Okay. Watch my demonstration. I'm going to use my left foot. >> 100 1,002 100,004 until I tell you to stop. Do you understand my instructions? >> Yeah. All right. If you put your foot down, just pick it right back up. I want you to look down at your foot the whole time. Your hands down to your side. >> Okay. >> I've been a naturally clumsy person, but Okay, >> that's fine. Do you have any injuries to prevent you from operating a motor vehicle safely? >> I did hurt my ankle a couple weeks ago. That's >> okay. But does that stop you from walking or anything? >> No, but I did. >> Which ankle did you hurt? >> This one right here. My right ankle. It's my dominant leg. >> Okay. >> Break and I went to meet up with some >> co-workers and when I sat on the table, somebody came and they stepped on my ankle. Since then, it's been really messed up. >> Okay. >> But I will do that. I will do it. >> Okay. >> 1,00 1,002. What am I counting to? Three. >> You're going to keep counting until I tell you to stop. >> Okay. >> Okay. So, you may begin at any time >> here. Yep. >> 1 2 3 4 5 This hard. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 >> Okay. So, how many drinks did you have today? >> I have not had any. >> None at all? >> No. >> Okay. Okay. Look at my partner. All right. And then can you do a forward dive like this with your hands behind your back? >> A thigh? >> Yeah. Like put both of your hands like you're praying behind your back. Yep. All right. Now, you're additionally getting charged with DUI. Okay. That statute defines DUI as operating a vehicle while normal faculties are impaired. No breathalyzer is required. Impairment is a factual call, not a chemical one, and an officer's trained observations can satisfy it. What the law does require is probable cause. Under Illinois versus Gates, 1983, probable cause exists when the totality of available facts would lead a reasonable officer to believe a crime was being committed. On this record, those facts were substantial. A red light violation, a strong odor of alcohol, an open bottle of tequila in the vehicle, a second open container found during the inventory search, and field sobriety test observations. That combination clears the probable cause threshold. The absence of a breathalyzer creates an evidentiary gap for trial, but it does not create a constitutional defect in the arrest. Those are two very different legal problems. So, what happens on the northwise may see it happen? >> Well, that's up to the judge to decide. I made my determination roadside based on my training and experience and all my other observations. So, you're going to be afforded that opportunity to disprove what I believe. Um, in a couple minutes, it's going to get towed. >> And you going to restart my car? >> Uh, we will be because it's >> No, without legal. >> No, no, ma'am. Ma'am, I don't understand what you're talking about. >> No, you do. There's something on top of my car. >> Get in the car. >> Wait, you went inside my car? >> Ma'am, please get in the car. >> So, you went inside my car? >> Yes, we will. >> We did. >> Without permission. >> With probable cause. Get in the car >> without permission. >> With with probable cause. Get in the car. >> I need my phone. >> You'll get that. Get in the car. >> I need my phone. >> Get in the car. >> Get in the car. >> Get in the car. You're going to get another charge. Get in the car. Do it now. >> What's the other charge? >> You already have a resisting charge. Don't get another one. >> We're giving you lawful order. My phone has >> Your phone will go with you, >> but it's not coming with you in the back of the car. It's going to come up front and then it's going to go to you with into jail. >> So, can you please get them? >> Watch your feet. Watch your toes. resisting. >> Yes, she she pulled away. >> No, I know she was pulling me >> and there might be other stuff in. >> I was trying I was I was giving her the benefit of the doubt so we didn't have to take her to the ground when I grabbed her and she pulled back. >> Oh, no. I know. She was pulling the entire time. Uh >> Johnson. >> Yeah. Delta 109. >> Delta 19. Can we get Johnson one time first available, please? >> Okay. So, she made a movement to try to hide. I don't Is that piss on her or is that >> She said it's juice, which would be >> probably. Is there juice? Yeah. You said there's a beatbox. >> Oh, dude. This is Holy [ __ ] That is strong. >> Yeah. Can you uh >> That's the We'll document it. I'll hit it with the open container and then just take the bottles for evidence. >> Yeah. >> And for evidence as well, just issues. >> No, open container is it's only in public. It's This is all I say. >> But it's for my DUI case. >> I got to make sure. >> But yes, that is that is a load of steel. Holy cow. >> Yeah. Uh sorry about that, boss. >> Hey, you need me to move up a little bit, bud? You trying to move out? >> Oh, he's not Yeah, he's not. >> Let's put our windows up. >> Yeah, I'm just doing a >> Yeah, I got >> inventory search. >> And then all the containers in here. There's another open container back here. I would just like that submitted for evidence. >> Buddy, we're going to jail. >> 6 03 5 26 cat. >> You said you're going to work, but you're 22 minutes away from your destination. Hey, when I turned her when her phone landed on the seat, so she's going to work here, but the maps is up on her phone, like on the home screen, and it says she's 22 minutes from her location, >> from her destination. >> She knew we were behind her. She bolted down Central when she saw me. First online vehicle online suspensions and one cancellation without notice. Florida authorities only Florida on our vehicle. >> See zone one patrol downtown. >> Copy. >> You know you also don't have a valid license multiple suspensions. I don't >> what I do. >> You you do have a suspended license. Why do you guys not? >> Because there's drunk people on the road that keep blowing red lights. >> You did a whole test. >> Okay. You also don't have a valid license. >> What is this about? >> What is this, >> ma'am? >> You have proved I was drunk. I haven't I I passed all [laughter] your tests. So, what is this about? There we go. >> What is this about? >> This is about your behavior and your actions. >> What's my behavior, ma? >> I see it. What's my behavior? My action. >> You also don't have a valid license, ma'am. >> What's my behavior, ma? >> Ma'am, you don't have a valid license. >> What's my behavior, ma'am? >> Well, look at yourself. >> I've been cooperating with you this whole time. >> So, what is it? >> You haven't told me the reason I'm arrested. You haven't told me. >> I told you you're under arrest for DUI. What? How? How am I arrested for D? Why? How? I'm not drunk. I have an endangered. >> Oh, you know what? Um, >> so how am I rested for a DUI? >> Johnson probably has an Allen key set or >> I'm telling you right now, I have a a brother who's a police officer and I have an uncle who's a lawyer. >> So, how am I arrested for a DUI? >> You're under you're about to face some real serious consequences. I'm going to tell you that right now. >> Okay, man. >> I'm going to tell you that now. And you know what? I hope this is worth your job. >> That's all I'm going to say. I hope this is worth your job and the rest of your career cuz you guys have not dignified that I'm arrested >> for DUI. I have not been proved drunk. I have not been proved anything. You guys >> Johnson's here. Johnson's here. >> Oh, Johnson's here already. Awesome. Uh back. >> Let's go because I can't wait to meet you guys behind bars. Let's go. I'm so excited for this. You're not going to ever be able to work for anything governmentwise. I'm going to tell you that right now. >> What's your name? >> Officer Rosario. ID number 38092. It will be on your paperwork. >> What's your ID number? >> 38092. >> I hope you guys at church in OB >> because I'm telling you right now, these people have not done anything with their job at all. There's people out there hurting people, raping people >> and you haven't even se >> You have the keys. >> Her ID. I put it in the chat. >> And you guys look through my car without a search. >> We don't need a search for it, ma'am. >> Yes, you do. >> No, we don't. >> Yes, you do, man. >> No, we don't. What's that? >> You got the keys? >> Uh, it's in her >> It's in her bag, right? >> Yeah, it's right here. >> Oh, yeah. You're definitely going to jail. >> You right there in front of me, you're going to jail, baby. >> You're going to jail. What you saying? >> I'm going to jail. I am going to jail, actually. >> Yeah. Yeah. Yeah. I said you >> I have to drop you off there. >> What? Um >> I'm going to do the seas tag and the dwells. >> He's You're doing the resistant >> and I'm doing the signal >> cuz they're all three different >> Let's go. Let's get ahead. >> Let's go. I'm so excited. >> There's a form at the office >> and I'm going to write a citation for her right now. >> You're so You're gone, baby. You're gone. >> There's a registration. >> You never work as a police officer again. I'm telling you right now, you never >> I don't think so. Right. >> You don't know who my dad is. >> You don't know who my >> You don't need citations. I do. I'm leader. He needs to write his. >> I'm telling you right now, you're done. >> You're done. Whoever this white guy is and you, you're gone. >> I'm so happy to ruin your life. >> This is so funny to me. I'm telling you right now, I'm not drunk. I'm not under the influence. I don't smoke weed. I don't do any other kind of drugs. And you arrested me after I passed your test. I passed your test. I did the steps. I held my leg up. I did everything lasted. Is the tag actually expired? >> It's cease tag, >> right? But is it like more than 6 months? >> All right. >> I was parked. So, it doesn't matter. >> It's a non-moving violation anyway. So, >> she said I couldn't we couldn't do a traffic stop. We should be parked. >> What's your name? >> Officer Baker. We're learn >> 37449. >> You're all done. >> We're all done. >> You're all done. >> Not yet. No, we still have to go to jail and do the charging. >> I'm telling you. >> I hope this is worth >> um >> heard it before. >> I hope. Yeah. expires >> November 8th of 2024. >> Okay. So, this one's less than 6 months. >> November, December. >> Or would that be May? >> That's way over cuz June is 6 months, right? >> And then that was November. >> Only >> because I placed you under. >> How? Cuz I'm a police officer and you say >> how do you do that? >> It's not a pass or fail. >> I passed it. >> Okay. >> I did everything you asked me to. >> Yes, ma'am. >> How did I fail it? >> How you arrest me for a DUI? Cuz you want to? >> Because you want to, right? >> Because probable cause exists. >> Because what? >> Because probable cause exists to make a lawful. >> What's the probable cause? >> You blowing through a red light. So that means I'm arrested for a DUI. >> Well, all of the other factors now. >> What's the other factors? >> The open container, the smell of alcohol, my my observations of the DUI DUI investigation. >> It doesn't. I'm telling you it doesn't matter. >> If you think so, go ahead. >> Okay, ma'am. >> You haven't breathalyzed me. I passed all your tests for walking on >> a non-existent line. >> Okay. >> Holding my foot up. Everything you ask me to do, >> I passed it. and my ankle is damaged >> and I still pass that test for you. >> Okay, ma'am. >> So if if you think that, then think that. I'm telling you right now, this is bad for you. >> Okay, ma'am. >> This is very very bad for you. What do you Are you new? >> Nope. >> Did you just start? >> First day. >> Oh, it's your first day as a police officer? >> Yep. >> Baby, you failed? >> It's my first day as a cop. >> You see how like when you put this down, the phone's right there. >> Is this hers? >> Yeah. And look when it's just the home screen when it's open. >> She says she works at the Marriott. Which are you by the Marriott? >> The Marriott. I never said Mar wrong. >> It doesn't matter. It She's saying she's going to work, but her location is 22 minutes away. >> That doesn't mean I was going there. >> You literally That's what you said. >> Doesn't mean I was going there. >> All right. >> That doesn't >> um When we get to the office, I'm going to have to upload my camera so I can I can watch my video. >> Yeah. Yeah. >> Um >> can we start moving so I can get her to the US? He's going to take care of the uh [ __ ] for you and give you the case number. >> But she's here, so you're just he's just going to give you a case number and we'll be good to go. All right. >> Proceed to the route and he might have >> uh whiskey. >> Whiskey. >> Yeah. >> Yeah. Whiskey. >> Um >> we're doing the same uh >> same summer for everything. >> Cool. And I'm just doing resisting without right. >> Yep. >> See security going to the office. I'm just going to search you. Okay. Search me? >> Yes. >> What do you have to search me? I'm going to jail. >> They'll be searching me when I get there. >> We're going to search you right now. Get out. >> Policy. So we have to search you now. Hold on a second. >> All right. Can I make you feel tough? >> Not really. >> I want to talk back here. Watch the car. Why dance? Fly your shins. There you go. Anything on you is going to hurt poke your stomach. Anything in your bra? Anything like that? >> Nope. Cool. >> You got to stand still. Can you do that? >> Have me off a curb. Nope. I actually put it off. >> There's only a sentiment from the curb. >> Widen your stance. Wider. >> What else do you want? >> What else do you want? >> Wider. It can't go wider. She can't try. There you go. >> Is that good enough? I don't know. You [laughter] >> Hey, hold on. Hold on. Hold on. Hold on. >> This thing actually >> here. Just take it out. >> I'm already going to do >> here. Just take it out. >> They already have me for as well. So, >> do not do that. Stop moving your phone or you're going to get to the ground. Are you going to break my finger? If you make it so our fault. >> Are you going to break it? >> You good? >> Yeah. >> Make sure that was in search of me to go to jail. >> We're there already. Don't push me. I'm not pulling away from you. Stop. >> Don't I'm not pulling away from you. Don't push me. >> GOT IT. >> HELLO. [screaming] >> GO AHEAD. YEAH, we're good. Someone >> I'm being resisted. Um I'm being arrested unlawfully. >> Hold her LIKE THIS. >> RECORD THIS IF you can. Record this if you can. >> We're recording right now. >> No, they're recording as well. >> Okay, perfect. >> Are you going to arrest them, too? >> Cuz you guys hung up my phone. >> Only you're going to jail. >> You guys hung up my phone. >> Okay. >> You don't have a right to hang up my phone. You don't have a right to do that. >> Sure do. >> Oh my god. I feel violated. I'm being sexually assaulted. Nobody. >> I'm being sexually assaulted. I'm searching your >> way. Can you put me on 19? >> I will protect myself if you want to continue to do this. >> She's in charge of resisting. >> And she slipped one of the cups already. So just >> just keep an eye on it. >> What? >> Rosar's being transported. Uh, let's put her in Rosario's. >> This is not the right way to hold somebody. This is not the right way to hold somebody. >> Stop. >> This is not the right way to hold somebody. That's not the right way. >> Resisting, man. >> Oh, not the right way. Not the right way. Not the right way. >> You're going to break my arm and you're going to >> Stop resisting me. >> Stop holding me like that. >> Stop holding me like a This is a improper way of holding. Improper. Improper. You're holding me. Get to my elbow. >> Get your arms from under my elbow. >> Get your arms from under my elbow. >> Get your arms from under my elbow. They're holding me wrong. >> They're going to break my arm. They don't know what conditions I have. They don't know what >> Stop resisting me. >> Tell them to get from under me. >> It's not happening. >> This dumb [ __ ] right here is holding me from under my elbow >> because of the way you're acting. Yeah, she's >> No, I'm not asking. I have not physically arrested anybody. >> You keep dropping your weight trying to get outside of our >> She's holding me wrong. She's going to break my shoulder. >> She's going to break my shoulder. >> I didn't choose. >> Let go of my shoulder like that. You've been resisting everything. >> Let go of my shoulder like that. And now you're pushing me against the car. >> I am. >> Now you're pushing me against the car. Stop doing that. >> Stop. >> I'm going to tell you right now, you were not running the show. >> I don't care. >> Stop fighting. >> But you're not going to hurt me. >> The more you fight. >> YOU'RE HERE TO HELP PEOPLE. >> I'm trying to help you. You're not helping me. >> I'm trying to help you. >> You're letting her do this to me. >> Right now. No. >> Get in the car. actually. >> She's Cuban. >> Did she say race? >> Hey, Rosario, just keep an eye on her. She slipped one of the cups. >> Anything else? >> Anything else? Of what? >> Anything else? No, >> you guys are >> okay. >> You didn't have to hold me like that. And my my shoulder is now fractured. She's added to it. I'm telling you now. >> Perfect. >> I can still get out of there, by the way. >> No, don't do that cuz that's going to be a problem for you. All right. >> A >> Yeah. >> Do not do that. >> What? >> Put the Stop messing with the cuffs. >> They're off. They're not off. >> Hey, she keeps moving the cups. She >> trying. >> I think I mean I think she's putting it in front of her. >> Oh, is she? >> I have your camera on and uh >> Okay, >> let me just check. Hold on. >> No, we're good. >> Okay. Uh tell mom I need his uh just keep an eye on >> I'm here. >> What do you want? I'm just making sure you're not messing around. >> Are you scared? >> Not at all. >> Okay. So, going >> you good. >> Uh, hold on. I have to find her ID, which I got her ID. Okay. >> Uh, there's the jurette. >> You can say that all you want until I have >> I'm going to be here. I'm going to pee here. >> Okay. >> Okay, that's okay. >> Is that okay? >> I know you said >> she's saying she's going to pee right here. >> Can you at least take me outside? >> No. >> I'm going to take >> right outside the door. >> Are you going to talk over me or are you going to listen? >> What are you going to do then? >> If you're going to listen, I'll explain it to you or I'll just stay in silence. >> Okay. >> When we go to the next facility, there is a restroom there. >> I have to pee right now. If you cannot hold and you pee yourself and you can't hold yourself as an adult, then you will be charged with disorderly san uh sanitation. >> I will I I will charge you with that. >> Or you can wait till we get to the next facility and use it like an adult. It's up to you. >> I don't want to be taken by her. >> Ma'am, that's not how this works. >> You're here. >> You're not You're not You're not in control of this arrest. I am. And she's going to take you cuz it's another woman. >> Go. You just >> if you're going to catch another, you don't understand. >> I'm being cooperative, but you have been disrespectful and you've hurt me. >> As good as he is, at least he hasn't hurt me. >> The second legal question is the exit order. Pennsylvania versus Mims 1977 established a bright line rule. During any lawful traffic stop, an officer may order the driver to exit the vehicle. No exceptions apply. The driver's preference or the fact that the car is parked does not change the analysis. MIMS is 50 years of settled law. Refusing the exit order is not a rights assertion. It creates one. Florida statute section 843.02 defines resisting an officer without violence as opposing or obstructing lawful enforcement officer in the lawful execution of a legal duty. Physical confrontation is not required. pulling away from an officer's grip, dropping body weight against an escort, and refusing to comply with repeated lawful commands each independently satisfy the elements of that statute. All three are documented on this footage. The third question is use of force. Graham versus Connor, US Supreme Court, 1989, sets the standard objective reasonleness assessed from the perspective of a reasonable officer at that moment, not with hindsight. Graham weighs three factors. severity of the crime, immediate threat level, and whether the subject is actively resisting. Given the documented resistance on camera, the physical control applied here falls within that framework. One action does not hold up. Disconnecting the subject's active phone call, there is no established statutory or constitutional authority to terminate an ongoing call without a specific safety threat or court order. That is real legal exposure. Now the grades. The lead officer Baker badge 3C449 receives a B minus. The stop was legally grounded. Probable cause was sound and field sobriety test administration was largely protocol compliant. What costs him? Failing to communicate the arrest basis. A mid test question during the one leg stand that violates NHTSA protocol and the phone termination which has no clear legal foundation. Officer Rosario, badge 3809241, receives a C+. The assignment as female officer for search transport was procedurally correct. Physical control remained within the Graham framework given the active documented resistance. What drops her grade? Repeating the same phrase 12 consecutive times to a distress subject is not deescalation. And there is no documented welfare check despite the subject's repeated medical complaints. The subject receives a C++ on the DUI charge. Her position has real merit. No breathalyzer is in evidence and her predisclosed ankle injury directly challenges the oneleg stand observations. What she cannot argue away is the resisting charge. Physical resistance to a lawful Mims exit order combined with a documented handcuff slip on body cam is the prosecution's most straightforward asset. Before we close, five takeaways from this stop that apply to anyone who drives and to every officer who carries a camera. First, you do not have the right to stay in your vehicle during a lawful traffic stop. Pennsylvania versus Mims settled that in 1977. Refusing the order creates new criminal charges. It protects nothing. Second, field sobriety tests are not a pass fail exam. They are structured observations. Officer testimony about your performance combined with other indicators can support a DUI arrest on its own. Third, officers may search your vehicle without a warrant following a lawful arrest. South Dakota versus Operan 1976 established that inventory searches of impounded vehicles are constitutionally permissible. What they find is admissible. Fourth, disknone does not expire when a subject becomes difficult. Graham sets the floor for force. Professional standards demand a ceiling well below it. Repeating commands at a distress subject is a liability, not a tactic. Fifth, if you believe an arrest is unlawful, comply and challenge it in court. Resisting in the moment adds charges that are far easier to prove than the original offense. The courtroom is where this fight belongs. The outcome of this case remains unknown at the time of this analysis. If this breakdown raised questions, leave them in the comments. And if you found it useful, subscribe to our channel for more legal breakdowns like
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