Well, I don't I don't know I don't I don't know that. I never met you before. People have told me a lot of things in the past. All right. So, what I want to do is check your eyes to make sure you're okay to drive. >> not doing that, sir. >> Would you be able to walk for me? >> No, absolutely. Absolutely not. >> You refuse to sobriety test? >> Yes, sir. >> I told you you have signs from my training experience of intoxication. >> No, sir. >> You have You have slowed, mumbled speech. You have watery glassy eyes. >> what you said, sir. >> Okay, and I smell an odor of an alcoholic beverage emanating from inside the vehicle. So, I don't know if you can drive or not. So, you're going to have to call someone to pick you up to drive. >> Would you believe it? Just because the driver was drinking a Pepsi and had watery eyes due to asthma and sinuses, the police forced him out of his vehicle and repeatedly baited him saying, "If you had nothing to drink tonight, this would show it." When wisely denied, Sergeant McLean frantically called the district attorney to fish for an obstruction charge. The driver's powerful legal counter completely silences the badge. Join me as we dissect this high-stakes legal chess match. >> It's 2:03 Seneca at traffic. Uh you stay in your car, sir. Parking lot of Burger King, Henry King Paul 1122. How you doing, sir? >> All right, how are you? >> Sergeant McLean with the Seneca Falls Police. Pulled you over because you have a headlight out on your vehicle. >> You know, I was actually wondering that cuz it was a little like you know, it wasn't lit up 100%. >> Got you, yeah. >> Yeah. >> Okay, do you have a license on you? >> I do. Yes, sir. >> Where are you coming from tonight? >> Uh I'm actually just coming from my house to here to get some dinner. >> Okay. Everything valid on your license? >> Uh oh, yeah, absolutely. >> Okay, how many alcoholic beverages you had tonight? >> No. >> Nothing? >> No, sir. >> Okay. >> Yeah, I was going to get that. >> Oh, I thought you were handing that to me. >> Oh, no. >> Okay. All right, you have registration for the vehicle? >> Uh you know what? I I mean, it's it's legit. I just don't have it in here. >> Okay, is the car registered to you? >> Um I think it's my girlfriend. >> Girlfriend's okay. Just want to just >> It's one or the other. >> Okay, just want to turn the car on real fast to see just to verify the headlights are still off. >> You just stay in the car. I'll just let you know. >> Yeah, I know. >> No, you're good. Yeah, it's just the passenger side one. Uh you just stay in the car for now. Take a look at your license. >> Yeah, I think it's under her name or my name. I can't remember which one it's registered under, but >> It looks like it's uh it's your missus Amelia wife Sandone, is that it? >> Yeah, it's my woman, yeah. >> Got you, okay. >> Yes, sir. >> All right, you're all good. You said no alcohol tonight? >> No, all hell no. I don't drink. >> Okay. I smell something fruity, what's that? Is that >> Um I don't know. Probably my pop see or something. >> Okay, yeah. >> Yeah, I don't know. >> Just want to take a look at your eyes real quick, if you don't mind. >> Nope. >> Go on. >> Just looking for impaired drivers to see >> Oh, yeah. I don't I don't take those tests. >> You don't? >> No, no. >> Why not? >> I just don't. I don't take tests, sir. >> Okay, well, I'm asking you. I'm I'm going to make make sure you're okay to drive your vehicle. >> Yeah, no, I understand. I don't I don't take tests, though. >> Okay, why not? >> I just don't. It's no It's no disrespect to you. >> Yeah, no, I am performing an investigation right now. >> Okay. >> Make sure I can to your vehicle. >> Yeah, well, I don't take that, sir. >> Why not? >> I just don't. I mean, I take, you know, I am a law student for one, and two, I just don't take that. >> I suggest that we leave, please. >> Okay. >> Sonica 22116 domestic. 22 116 We not in progress. 3696 Q Street heart and violent Jennifer and Ryan physical domestic with her husband Ryan and Jennifer and children present. Happened somewhere outside of Rhode Island, not sure where. She's currently home now but at the 3696 address. Her husband was dropped off at his mother's home. 373 Q Street not in progress for the mother. He does have access to weapons at both homes. His mother is a gunsmith. He has been using alcohol and marijuana today. There is currently someone knocking at the door of the home. They've been there for a few minutes. I don't know who it is. She doesn't know who it is. We could advise her not to answer. 22 116 >> 803 Sonica >> 803 >> I'll take one more car, non-emergency. >> 3696 803 Copy that, come around. Sonica 22116 22 There is now an individual in the home. We can hear arguing with both parties and screaming. Not not sure who it is at this time. The male did hit her hard. I'm not going to chase out. Negative OB's between either parties. >> Tell me what you need me to do to you on the phone. >> You're good. >> Hold on a second. This is going to be the male half Ryan's mother who's in the home with our confinement. She's asked her to leave. She's refusing. Ryan is currently outside of the home. He has not yet entered. >> Something. >> Thanks. Going by. So, I pulled him over for a headlight. >> Okay. >> Um I'm smelling some sort of alcoholic beverage. Smells like it's a fruity drink. >> Okay. >> From inside his vehicle. I asked if I could check his eyes and his vehicle to see if he's willing to perform any sobriety tests. He goes, "No, I don't want to do any tests." >> Um He's not doing any tests? >> I want to see if you get the same odor when you go up there. >> Okay. >> Um see what you think. >> to go get my flashlight. >> Sure. Is there a 3016? >> 3016. >> You mind heading up this way as well? >> Appreciate it. >> Do you get that odor, too? Um I observed him with glassy, watery eyes. >> Okay. >> Um so, he's coming here to get food bought. I just want you to see if you get the same cues that I'm getting. >> How are you doing tonight, sir? >> Where are you coming from now? >> Um I don't have to answer your questions. >> Okay. You don't have to answer any Why Why is that? >> Because he's trying to give me tests and he's accusing me of drinking and driving. >> asked you I asked you a question, sir, to perform sobriety tests. >> sir. I'm doing I'm conducting an investigation right now. >> I don't I don't drink, for number one. >> Okay. >> And you're asking me if I've been drinking, so I don't drink. >> Okay. I don't know that. I've never met you before. >> Well, I'm I'm >> It's just an investigation. Make sure you're safe to drive, all right? That's all it is. >> I understand, sir, but I don't I don't answer questions. And it's not disrespect, but I don't You know what I'm saying at all. >> I understand, yeah. >> I'm just trying to protect my fam And you know, no offense, but I feel like you're kind of coming on a little strong. >> No, I'm just doing my job, sir. I'm >> Just because a vehicle smells fruity >> Yeah, a fruity alcoholic beverage, like I stated to you, sir. >> Well, that You also have watery glassy eyes. >> Of course, another another sign of intoxication. >> sinuses. I have allergies. I also have asthma. >> Okay. Okay. Is that Is that cause your eyes to get watery and glassy? >> Absolutely. >> Cuz I also have asthma. >> Absolutely. Sinuses cause this. >> Okay. But you have no issue If you're not drinking tonight, there's no issue with taking a test. >> I don't take tests, sir. I just I just don't do it. I'm sorry. I'm sorry. >> Okay. >> Do you have a supervisor? >> I am a supervisor on scene. >> Do you have a supervisor? >> I am a supervisor working right now. >> Okay. Do you have one available? >> No, I don't. I'm I'm a supervisor right now, sir, on this shift. I'm asking you to exit to make sure you're good to drive right now. >> I'll exit, sir. I'm not I'm not You know, I'm not going to >> And I appreciate that. >> You want me to exit? >> I I I want you to exit to make sure you're okay to drive. I'm I'm giving you a lawful order to exit your vehicle to make sure you're okay to drive, all right? That's all I'm doing. >> my wallet? >> That's don't You don't need your wallet or anything. >> Again, I'm not taking any tests, so that's why I don't know what what you're You okay to put this in my Is this okay >> open onion? Nothing? >> I don't I don't I don't mind. Yes, sir. I don't I don't I don't >> It's going to be a non-issue safety check. >> I don't I don't comply. >> It's just going to be a quick pat down for our safety. That's all it is. >> If you have to do it >> I'm not going to hold anything, okay? >> Go ahead. If you have to do it. This is embarrassing. >> It's not embarrassing. It's for our safety. >> I run a business. I run a local business. >> There's nothing against you. If you get out of the car, I just want to make sure that's your wallet. That's your That's just put your wallet in. Okay. >> answer questions, sir. >> I'm just I'm just double-checking for our safety. So, what I'm asking here is if you had any alcoholic beverages tonight. I'm getting clues of intoxication. >> sir. >> I understand that. >> drink. If you're getting any clue of intoxication, you need to go back to school. >> I've been a cop for 8 years. I know what signs of intoxication are. >> being honest with you. >> Okay. >> I don't I don't I don't I don't know that. I've never met you before. >> being honest with you. >> People have told me a lot of things in the past. >> Right. >> All right. >> Yeah. >> So, what I want to do is check your eyes to make sure you're okay to drive. >> not doing that, sir. >> Would you be able to walk for me? >> No, absolutely. Absolutely not. >> Okay. >> Why is that? I can't believe that you think I >> No. If you had nothing to drink tonight, this would show that you had nothing to drink. >> Sir, I'm not doing that. >> Why is that? >> Cuz I do not I've been through law school and everything else. I do not comply. >> You do not comply with a lawful order? >> Sir, I have answered your question. >> What I'm giving you is a a lawful I'm giving you an order. >> you I'm I'm telling you you're giving me an order to take a test. >> I'm advising you to take sobriety test to make sure you're okay to drive. >> not take a test. No disrespect. I have >> We're not trying to disrespect you, either. >> You are because you you keep asking me multiple multiple times. >> Sir, we have a job to do. Okay. That's all it is. There's no disrespect towards you. >> I answered your questions, sir. I will not take any test. I will not and and there's no disrespect. I have a lot of friends in law enforcement. You know what I'm saying? I would not disrespect in that way. >> We appreciate that. We're not trying to disrespect you, either. >> I do not I do not. In fact, I've dealt with you before um previously. Is Is this I was on Rittmer Lane um before I you came to my house um and asked me a bunch of questions. >> Okay. >> Also, you know, again, >> Oh, was that about the Was that the Uber thing? >> Yes, sir. >> Okay. I do recall you saying that. Okay. >> And I was more than a respectful to >> you are. >> And I And I appreciate you for >> nervous because here I am at Burger King getting dinner for my family, you know, and I get nervous when I speak to cops because I just get it, but you pulled me over for a headlight. >> That's correct. >> Okay, now you're Now you're pushing it. You're You're saying >> it. I'm just doing an investigation. >> You're claiming me fruity alcohol. You're You're saying something that smells fruity. >> I smell fruity alcohol on your breath. >> I have a million things. I deliver groceries for Walmart, so maybe >> Like I also said, you have you have watery glassy eyes. That's a sign of intoxication. >> Many people have that, sir. >> Okay, well, I don't know. I never >> Just because somebody has glassy eyes doesn't mean anything. >> Yes, it's a it's a sign from our training and experience that's a sign of intoxication. >> well, okay. So, what are you going to do with us, sir? >> Just sit tight with this camera vest. >> I'm always there. >> All right, man. There's no disrespect between me and you. I'm just I'm just doing my job. >> Yes, sir. >> You don't want to perform tests. >> No, sir. >> I would try to understand. You don't have to. Uh you choose not to. >> And again, it's no disrespect. It's just that I know my you know, I know my rights. >> Right, understood. Understood. So, I'm going to write you a ticket for the headlight, okay? Do you mind just stepping back in your car for me, please? >> Absolutely. >> So, I can get that going. Just hop back in the front Hop back in the driver's seat. >> I just want to let let It's so weird. So, I just literally replaced that one back like >> Right, okay. >> [ __ ] >> Well, you can do that. You can go home and get it fixed on Monday. >> Yeah, it wasn't It wasn't too long ago. >> Okay. >> So, yeah. >> I'll be a fix-it ticket for the headlight and then you will you'll have until Monday to get it fixed on. >> Until Monday? >> Yeah, because it's It's usually the next business day, but since it's >> do I do with that? Do I bring a um for the sheriff or not sheriff? >> go literally you can go to any you can go to a mechanic to sign off on it. >> Okay. >> Uh a law enforcement officer. There's instructions >> You get just for that? For real? >> That I'm We're doing traffic enforcement tonight. >> You You kept me out here all this time to write me a ticket for that? >> We're doing traffic enforcement, sir. >> buddy. What's your name, sir? >> Sergeant McLean. >> McLean, do you have a card? >> I do have a card. It'll be on a My name will be on the ticket as well. >> All right, sir. I appreciate it. >> give me a moment, please. >> Thank you. Appreciate it, you guys. >> I I I was calling to see if we could do a possible obstruction charge for for not wanting to >> provide uh sobriety So, uh Santa Fe Springs attorney told us you you can't do an obstruction charge. >> He got back and away from me so I don't >> So, did you get I got a whiff of like a fruity alcoholic beverage. I I I Yeah, that's that's the odor I was getting from the vehicle, which is what I explained to him, and then his eyes were glassy and watery. >> And then I couldn't like he got back and kind of backed away from me when I was trying to talk to him. >> Right. Okay. >> And then but he wouldn't like I couldn't get a strong enough >> steadying himself on the hood of the car. He was talking He kept touching his But his eyes were glassy and watery. >> Claiming allergies. I >> My odor out of the car wasn't strong enough for me to get >> strong enough. Did you get a strong odor off the truck? >> I could smell it. >> I don't know I don't know he's He says he delivers food and whatnot so it could be some sort of food he's delivering. That's what he's claiming. >> Oh, there are There are but there's going to be >> I tried calling the DA but they didn't They didn't answer their phones. Uh I was going to call for an obstruction OGH charge cuz I'm asking for a sobriety >> Mhm. >> sobriety test. Then I called Lieutenant Claire and he said that they've done that in the past and they don't it's not something that you can >> So is that you just cut your losses then? Cuz I mean he could be a he could be a point one or right now. >> That's I I it's hard to tell. It's like you're 50/50. Is that something you're going to take him back and arrest him for? Um so >> What's his history with us? >> He also said that if you feel like he's kind of on the on the fence, you can have him call a license operator an operating company to come pick him up. >> He won't do that though. >> So I just cut him a highlight ticket. >> All right. Mind if I hang out? >> Yeah, just just wanted you guys to hang out if you want. You're in North Gallatin. >> North. >> Yeah, you can hang out then. I don't >> have an animal problem. I'll take care of that. >> Yeah, if you want to that's fine. >> Do you know this guy? Say >> I went to school with his daughter, yeah. And his younger kid. >> Younger son. >> I don't I mean I don't know him, you know. I just know of his daughter. >> Try to go up before that. I don't know what >> It's pretty ridiculous though. I mean >> Valid. >> Stopping anybody from just refusing a test. I mean So he I smell the odor of alcohol over >> Yeah. >> It feels like there's some It's pretty ridiculous to just >> What I could tell him is that he's going to have to call someone who can get him down because I don't He's not willing to provide a test so I can't get to determine if he's intoxicated or not. It It's That's the That's what's going to what's going to come down to then. >> Yeah, if he's not willing to get tested, you know, I mean we don't we can't determine. I mean safest bet's going to be okay. We don't get the DWI but at least he's going to be getting home safe. We know that for a fact. >> Right. >> 2000 support. Do you have your phone pulled up? I think it's 8:14 at 12:00 p.m. is one of the court dates. And the 14th. >> Santa Paula unit 2 10-11 normal communications. Santa Paula unit to resume normal communications. Did you look up his sister's history, see if he's had any >> priors of DUI? >> Uh yeah, this is his history right here. Does he have any priors? >> Can I go in the passenger side just so I can see if the other hand is open. >> Sure. See if he's got anything on him. >> Sounds good. Yeah, see if you see any like >> See if there's any open containers. >> I'll call out containers if I do. >> I know how this prints out of this. Prints out like two extra pieces of paper. Ever since they installed this new printer and the I want to say it does the ticket and then the the the yeah, then it does the correction slip. It looks like it's a REALLY LONG ONE. IT'S A REALLY LONG TICKET HERE. YOU KNOW WHAT I'M SAYING? THAT'S WHAT IT'S THIS SPEECH WAS ALL OVER THE PLACE. I GOT TO TALK TO HIM. SOUNDS GOOD. ALL RIGHT, SIR. SO, YOU GOT A CITATION FOR inadequate headlight. >> Okay. >> So, I my You wanted to speak to a supervisor of mine. >> Okay. >> I notified my lieutenant on the phone. He's aware of what's going on. >> Perfect. Thank you. >> He gave So, I can't determine if you're okay to drive or not. >> Mhm. >> So, you refused sobriety test. >> Yes, sir. >> I told you you have signs from my training experience of intoxication. >> Yes, sir. >> You have You have slowed, mumbled speech. You have watery glassy eyes. >> I know what you said, sir. >> Okay, and I smell an odor of an alcoholic beverage emanating from inside the vehicle. So, I don't know if you can drive or not. So, you're going to have to call someone to pick you up to drive. >> Okay. >> Understood? So, that's what >> Okay. You want me to call someone right now? >> That's correct. >> What am I going to do with this vehicle? Leave it here on the >> I will let them know you >> stay here. >> Okay. >> Okay. >> All right. Yeah, let's do that. Sounds good. >> So, that's the issue. >> All right, sir. >> Your license. >> All right. >> You wanted a business card as well, you said? >> I do. Yes. >> So, this >> I'll grab my phone. >> That's fine. Okay. >> Oh, that's all right. We can We can play this game. >> I'm not playing any games, sir. >> Sir, you're being very disrespectful and I'm going to file a complaint. >> I've never been disrespectful to you. >> Sir, you are being very disrespectful. >> recorded on body camera. >> You have pushed this a body camera. I have over a camera. >> I I I have not, sir. This is all recorded on body camera. >> Excellent. I appreciate that. >> No problem. >> I have it all recorded as well, sir. >> That's That's fine. >> Um I guess that's it, then. >> Yeah, just give me your number. >> Yeah, here's the contact number for you. >> You have a contact number? >> Here's the citation. You have a court date of August 14th at 12:00 p.m. at Thomas F. Cooley Courthouse. >> Yes, sir. >> For the correction ticket, you have to get it corrected by Monday. >> I will. Yes, sir. >> And have it signed off by a mechanic or a police officer. >> Okay. We got it. Yes, sir. >> Here's my business card right here, sir. >> All right. >> Here's the citation. Like I said, my lieutenant's been a work made aware of the situation. >> his name? >> Lieutenant Clare. >> Clare. Yes, sir. >> made aware of the situation. >> Okay. >> All right. >> Yes, sir. >> Any other questions for us, sir? >> That's it. >> All right. Have a good rest of your night. >> Case details, pretext for stop, faded or inadequate vehicle passenger side headlight. The police blunder, attempting to execute a retaliatory obstruction charge for a refused roadside test, which was directly dismantled by his own partner's observation. Legal violations, Fourth Amendment overreach, extended detainment without a strong articulable odor, attempted malicious prosecution,