All right. So, you're arresting me. >> Step out of the vehicle. >> No, I want to know. You're arresting me. >> I'm not going to ask you again. >> I just need to know if you're Excuse you. >> Excuse you. Excuse you. >> Absolutely not. >> Excuse you. OH MY GOD. >> STEP OUT OF THE VEHICLE. >> How dare you? Oh my god. Stop. I'm Oh my god. Stop. On January 27th, 2025 in Cape Coral, Florida, a routine traffic stop over a lane violation escalated into a forced physical removal, a criminal charge, and an unresolved dispute over federal military law. The initial stop was legally grounded. Under Florida statute section 322.03, operating a motor vehicle without a valid driver's license is a secondderee misdemeanor. That authority is not in question here. Same location. >> Hello, Officer MKPD. The reason I pulled you over is because you're cutting through this. >> Good morning. So is everybody else. There's one right behind you. There was one right here that just turned, but you got me. So, good morning. >> All right. Well, actually, I've been sitting here the whole time doing traffic crash. >> Okay. There's literally one right behind you, but yeah. And then there's one that just cut right in front of me, too. So, that's okay. >> You know what? I don't know what you're talking about. >> Of course. Okay. >> Because I've been sitting here the whole time. >> Okay, that's fine. >> All right. And there's no need to argue that. Yes. Good morning. Okay. >> Do you have your registration insurance? >> That's And if you happen to be talking about the Jeep and the Hyanda, that was a traffic crash that I was taking care of. No, it wasn't that. It was literally another car with it. >> I'm not going to argue. I can't. >> I'm not arguing. >> That's what I have on right now. I'm sorry. >> Defense Parkway. >> Okay, I'm going to tell you right now. You should know better then. I know we just moved here, so I just came straight for days. That's all I use. >> I know that's not an excuse, but that's what I have right now on me. And I just switched my bag, so that's why. >> Okay. Not having a driver's license makes me believe that you don't have a valid driver's license. >> Okay. I I mean, >> you're from another state, too, or is this a rental? >> No, this is my I'm trying to get Literally, that's what I have. Like, you can go. I'm just letting you know. >> I mean, there's no need to be a smart mouth because I'm going to tell you what that's going to talk your way into a ticket. Okay. >> I'm just letting you know that's what >> Yeah, but there's no reason to be smart with me because right now you're looking at two tickets. >> Okay. Well, I'm not trying to. You're making it feel like I'm purposely not giving my brother advice that I don't. Oh, I didn't say that. I'm telling you, you should know better because your husband works for you. >> I understand, but you're making me arguing with me. What's your address, please? >> All right. What's your insurance provider? >> USA. >> All right. Can you see that, please? January 31st. >> E5. All right. Do you want to go ahead turn the vehicle off and step outside for me, please? >> Can I ask why? >> Well, right now you don't have a driver's license. All right. And I need to Why once you step out here, that's why. All right. Cuz he bumped off. But I would like to know why I have to step out just cuz I don't have a license. >> Because I'm going to read you your rights and I'm going to talk to you. I'm not going to ask you again. >> Okay. >> Step out of the vehicle. >> That's all I want to know. >> All right. So, you're arresting me? >> Step out of the vehicle. >> No, I want to know. You're arresting me. >> I'm not going to ask you again. >> I just need to know if you're Excuse you. Excuse you. Excuse you. Absolutely not. >> OH MY GOD. >> STEP OUT OF THE VEHICLE. How dare you? Oh my god. Stop. I'm scared. Oh my god. STOP. [screaming] Oh my god. Help me. [screaming] Help me. Help me. Get out of the vehicle or I'm going to pull you out. >> She's pulling me out of the vehicle. [crying] Help me. Please don't touch me. [crying] Please, please don't touch me. >> I need someone here. >> No. Please stop touching me. Please call. >> Just please don't touch me. Are you going to step out of the vehicle? >> Let's go. >> Let me go. >> You know what? If I pull you out, you're going to get hurt. [crying] >> Are you going to step out of the vehicle? >> Let me go. Don't touch me. Please. JUST LET ME GO. >> PUT YOUR PHONE DOWN. [screaming] >> I need help. Please don't. Please don't touch me. Please, please don't touch me. [crying] Please don't touch me. I'll get Don't touch me. Please don't touch me. I will get out. Don't touch me. >> Put the phone down. Step out now. >> If this other officer gets here, we're both grabbing you and pulling you out. >> But she literally forced the door open. >> I'm going to be there. >> She forced the door open on me. Hi. [crying] [crying] >> Step out. >> [crying] >> Get away my way. You're going to pick yourself up on resisting if you don't do as I say now. >> You riceptions. >> You ripped me out of my car. >> All right. You got yourself a resisting. You are going to go to jail. I'm done. Out. >> Your husband can come pick up this car. I need you out now. >> My leg. [crying] All right, your time's up. >> I tried to get out of the car. I can't move my >> I'm telling you right now, somebody else comes, you're coming out. I'm trying. I've asked her to step out of the vehicle multiple times. I can't get her out of the vehicle. She has no driver's license. >> I want to read her rights back here because I have a feeling she's never been issued one based on what tell me, but who knows? >> But I haven't even read her lights. All right, ma'am. You need to step out of the car. All right. >> Step out of the car, ma'am. >> The show's over. Step out of the car. Cuz you're crying doesn't mean you can't walk. >> She ripped me out of my car, sir. >> Okay. You're about to get ripped out of the car and thrown on the ground. Get out of the car. >> Please have some compassion. I'm a >> That has nothing to do with you sitting in a car. >> She does. She touched me and ripped me out for no reason >> because you She told you to get out of the car already. And I've told you to get out of the car. >> Get out of the car. >> You do what the police say. They won't touch you. >> Yeah. Okay. >> Step back here by my car. out of the mortise. >> Put your hands behind your back. Now, >> what is in question is what happened next under Pennsylvania v. Mims 434US106 decided by the Supreme Court in 1977. An officer conducting a lawful traffic stop may order the driver out of the vehicle. That is established law. But MIMS grants the authority to issue the order. It does not grant unlimited authority over how that order is enforced. The manner of enforcement must still satisfy the reasonleness standard under the fourth amendment. On the question of force, the controlling standard is Graham v. Connor 490US 386 1989. The court held that force must be objectively reasonable, judged from the perspective of a reasonable officer on the scene, not with hindsight. Graham requires courts to weigh three factors. The severity of the crime, whether the subject poses an immediate threat, and whether the subject is actively resisting or attempting to flee. On a misdemeanor traffic stop with a non-threatening seated subject, none of those three factors weigh in favor of immediate physical extraction. Now, the military exemption dispute is where this case gets genuinely complex. Under the Service Members Civil Relief Act, 50USC section 3911, military spouses stationed outside their home state retains certain legal protections tied to the service member's doicile. Texas Transportation Code Section 5 21.421 421 subsection A 2 provides that an active duty military member or their spouse stationed outside Texas has their license expiration automatically extended while they remain on orders outside the state. The subject's Texas license expired in 2022. The family's Florida PCS orders began in May 2024. Whether the extension provision applied retroactively to a license already expired before the PCS move is a question that requires legal interpretation, not a roadside determination. On the resisting charge, Florida statute section 843.02 defines resisting without violence as willfully obstructing or opposing an officer in the execution of lawful duties. asking why you are being ordered out of a vehicle before complying is not obstruction by any reasonable reading of that statute. Courts have consistently held that verbal non-compliance alone does not satisfy the willfulness element under section 843.02 unless the subject's conduct rises to active interference with the officer's ability to perform a specific duty. Questions by themselves do not meet that threshold. You have the right to remain silent. Any things that you say can be used against you in court. >> With that in mind, do you wish to speak to me? I'm not going to deal with this smart talk anymore. Yes or no question. >> You already ran her? >> Yeah. >> No license. >> Nothing. >> No issue. >> Play the game later. >> All right. >> You want to talk? It's fine. You have driver's license. That's fine. >> Oh, am I asking am I answering your questions? I'm sorry. Am I literally No, we don't have time. >> We're done. Okay. Do you have anything on you that's going to poke and harm me in any way? >> I didn't even hear what was going on. >> No, that's all right. >> I had the traffic as well and I couldn't hear it too much of her. Oh, good. >> The fact that my computer died have no computer. So the address she was screaming and screaming I couldn't hear over the radio. I heard a lot of a lot of radio traffic, so I got pulled and I can't hear what's going on. I look at you. I'm like, "Yo, I need help. I got to get this chick out." >> I had no idea. I heard you yell something and I thought they were phoning me out. I was like, "Hey, take a 14 step forward." Uh >> I was like I didn't hear my number, but I like said I could hear >> Yeah. I mean, she had to me from the start. She hands me this defensive uh >> It's a DoD >> military. Yeah. ID. I said, "Where's your driver's license?" I just use that. I said, "No, you need a valid driver's license." Oh, well, I switch horses out and stuff. I use this all the time. I said, "No, that's not valid." >> Run out of New York. >> Um, uh, Virginia. >> Looks like a spouse. So, >> it is a spouse of somebody. >> Yeah, she is a spouse. And I made that clear, too. I told her, I said, you know, all she did was cut through this right in front of me. And she tries to lie to me and told me there was two other cars. She was 4 years ago. So, I don't know if they're still married or she just kept this. >> I don't know. >> She was talking to I think a spouse on the airline. So, who knows? >> Yeah. I don't know. >> She's claimed she was at some place here. I don't know what's here. >> There isn't one here. >> Anyway, that's what I thought. >> Tampa's the only one that's nearby Miami. >> So, well, it's maybe. So, Jacksonville. >> Jacksonville is the only one for that. Hm. >> Oh. Hello. Hi, Danielle. I'm officer Gavar Capo Police Department. What license do you are you driving out of? Do you have a license at all? >> I do. I It's Texas. >> Texas? >> Yeah. I can give you my social. I don't know why she didn't ask me for that. >> Cuz the So, what she's saying that she asked you and you gave her a extremely hard time? >> No. She asked me if I had a driver's license and she made me feel like I was lying to her. I literally showed her my bag. I just switched it. People forget. >> I literally don't have it on me, but I do. >> For example, Texas >> and your name and date of date of birth is correct. >> Yes. >> All right. Let me uh double check of Texas and then if everything's all right, we'll go from there. Okay. Thank you. >> All right. >> My um my husband he's he's on his way. >> Okay. So, the reason why you were detained is because you gave her extremely hard time. Okay. >> I wasn't resisting. I literally asked her if she was as if she said, "Get out of your car so I can read your rights." I said, "Wait a minute." It clicked. And I said, "Well, >> why are you like She didn't say that before." She said that the second time. And then I said, "Well, wait. Are you arresting me?" And then she said, "I'm reading your rights. Get out of the car." And then I said, "What?" And she literally went into my car and forced herself in and started yanking me out. I just wanted to know why she was doing what she was doing. That's all I was asking her. And she got frustrated and upset and went into my car and yanked me out. And I tried to tell her. >> I'm sorry to just double We're going to double check Texas, you said, right? You have a license? >> Yes. And my husband is on his way. He drives a motorcycle, so I don't know about my car, but >> Okay. Do you guys live here in Cape or? >> Mhm. >> Okay. All right. So, just hang tight for me. Okay. >> Okay. Thank you. >> So, your license is expired since 2022. Do you have any other license in any other state? >> Um, >> so technically you don't have a license theoretically. >> Massachusetts. I mean, that's probably >> How long have you been living in Florida? Um, since >> I haven't since May of this year or last year. >> No, no, no. This last year. >> So, 2024 May. >> Okay. And where were you before? Texas or Massachusetts? >> No, Virginia. >> Virginia. Do you have a Virginia license? >> Um, I don't think so. >> No. So, it's just Texas. >> I I might have Mass, but for now it's just Texas. >> Okay. >> Yeah. So, the Texas one expired in 2022. >> Okay. Well, I didn't know that. I didn't know that. >> Um, where I'm sorry, what? >> Where were you at 2022? >> Oh, God. Uh, >> Hawaii. >> Hawaii. >> Okay. Do you have a Hawaii license or no? No, you never took that out. >> So, you probably just forgot to take out your license or renew it. That's probably what was going on right now. >> We're military, so I don't use that often. I know that sounds bad. And usually Texas is like five or six years long. >> Gotcha. So that's where we're looking at right now. Okay. >> Just hang tight. I think your husband's here. >> Does she anything with her? >> How can we help you? >> I was just wondering what the cause for the stop was. >> She got into a lane. >> Okay. While parking lot. >> Okay. And then the the cause for pulling her out of her vehicle >> because I asked her to step out of the vehicle and she refused. >> For what purpose? >> Well, she's going to jail right now because she has no driver's license. >> Actually, she does have a driver's license. >> From where? >> Okay. >> Huh? >> From where? >> From Texas. >> It's expired by more than two years. >> And as a military service member, that's also passed on to the spouse. I already have pulled up on my phone. It's on my bike. >> It's still valid. You can't use it as an ID, but it's a valid license. So, but you've been living in Florida since uh May of last year. Correct. >> That's correct. >> So, you can't have a Texas license if you're living in Florida. >> That's not true. As I'm an active duty in the military, yes, you can. >> You can't have an expired driver's license by over 6 months is a criminal offense. It doesn't matter if you're in the military. I'm in the military, too. >> Then you should know. >> It doesn't matter. You can have a license out of another state. That is true. But you still have to have a valid license. Is she deployed right now? No, she's not. That's matter. to not >> pull up your license. >> Do it right now. Then I can tell you that you still have to have a valid license. >> They can have a license out of a different state, but they still have to have a valid license. >> Yeah. To be able to drive. If you are a military duty member, spouse, or dependent, and are stationed outside the state of Texas, not outside the state of the United States, the expiration date of your Texas ID is automatically extended unless your driver's license has been suspended, cancelled, or wrote, which it has not. >> Where are you guys stationed at? >> You're stationed here. >> That's not what I'm asking. >> You're in the right. >> Are you stationed now to Fort Myers Beach? That's what I'm asking. >> Oh, understood. Uh, South Palm Mars Colonial and >> Oh, you like a recruiter or something? >> Oh, temporary. >> Okay. I was like I was trying to figure out why there would be a station there. I've never heard of that. What What statute is that? >> That is >> Yeah, but we're looking at 2022. This is 2 years. >> Three years. >> Three years. Yeah. What am I thinking? >> That and that's fine cuz it doesn't have a time >> because you've only been Yeah. I don't think so. And it's uh DL16P out of state packet 10 tech 24. >> Can Can I see that? >> The highlighted one. >> Sorry, drone's got me going. That's why I'm shaking. >> It's understandable. The the problem is when she was asked to step out of the vehicle, she >> resisting charge as >> we don't have to have a reason other than officer safety. If we're requesting you to step out of the vehicle, you have to step out of the vehicle. You don't do not >> feel like you're unsafe >> because right now she didn't have a driver's license. She did not have a valid driver's license. >> Go to jail. >> We need to interview her to determine whether or not she has a valid driver's license. Okay. But we asked her to step out of the vehicle and she refused to comply. Yes, she does. >> Unless you have a probably >> You know what? I'm taking all be in touch with you guys. >> I'm talking to it. >> I'm going to drive it. >> Take it. Yeah. >> I'm gonna park my vehicle in a secure parking lot >> and then I'm going to take the vehicle. That's all right with you. >> Okay. All right. Thanks, guys. >> Good title. >> Now for the grades. Officer Perry receives a C. The traffic stop was legally initiated and the exit order was within his authority under MIMS. However, the decision to physically extract a non-threatening misdemeanor subject before exhausting verbal deescalation is a serious tactical and legal failure. The officer also lacked sufficient working knowledge of the SC military exemption and his after-the-act comment that quote the entitlement is downqulects personal frustration rather than professional conduct. Those two factors together bring the grade down from a B to a C. Officer Gabbor receives a B+. His arrival visibly deescalated the scene. He listened, investigated the exemption claim in good faith, and engaged the husband's legal argument directly. The grade stopped short of an A because despite recognizing the complexity, he allowed the arrest to proceed without resolving the SC question. The subject receives a B. She was non-threatening throughout. Her questions were legally reasonable and she never physically resisted in a way that justified force. The deduction comes from one fact. Under Mims, the exit order was lawful and extended non-compliance, however understandable, created the conditions for escalation. Before the lessons, it is worth saying this clearly. This incident did not have to go the way it did. The gap between what was legally authorized and what actually happened is where training, judgment, and professionalism are supposed to live. Five lessons come directly out of that gap. Lesson one, under Pennsylvania vims, compliance with a lawful exit order is not optional. Even if you believe the stop is unfair, the correct path is to comply first and contest the legality of the detention afterward through proper legal channels. Lesson two, military service members and their dependents should know the specific protections available under the Service Members Civil Relief Act 50USC section 3911 and carry supporting documentation such as PCS orders when traveling. Lesson 3. Officers working in areas with significant military populations have a professional obligation to know the SC and applicable state exemptions. Ignorance of federal law at the officer level is a training failure, not a driver's personal problem. Lesson four. Before any physical force is applied during a misdemeanor stop involving a non-threatening subject, the Graham v Connor 490 US 386. Balancing test requires that the severity of the offense, the threat level, and the nature of the resistance all justify escalation. One factor alone is not enough. Lesson five, professional conduct does not end when handcuffs go on. Remarks made after an arrest is complete, whether to a colleague or on camera, are part of the public record. Comments that reflect personal contempt toward a subject undermine the credibility of the entire enforcement action. The subject was charged with resisting arrest without violence under Florida Statute Section 843.02 02 and cited for driving with an expired license under Florida statute section 322.03. Whether those charges hold under scrutiny, particularly the resisting charge, is a question a court will ultimately have to answer. If you found this analysis useful, hit the like button and subscribe to our channel for more in-depth breakdowns of police body cam footage through the lens of the law. Drop a comment below if there is a case or a legal topic you want us to cover