What if I say no? >> It's a DUI. >> Why do I want to go to jail if I say no? Like I don't >> If you If you If you If you claim not to be doing drugs, you're going to you're going to pass them and you'll get you guys will be kicked out of the road. >> [ __ ] I can't stand on one foot and balance. >> Sure. >> You know, I mean, that's hard to do. >> Yeah, and and a good officer will take those things into consideration because what's reasonable, what's not, right? >> exactly. >> I'm a sergeant now. >> I'm fine. >> Huh? >> What are you doing? >> Sergeant now. >> No, we're not supposed to be. >> This is Natasha Vinegar, a woman driving with her companion to deliver pizza to a disabled friend named Jesse. Their charitable trip instantly turns into a roadside nightmare when Officer Smith and his colleagues detain them, search the vehicle, and coerce Natasha into field sobriety tests simply because she was sweating and had small pupils. This is a textbook case of manufacturing evidence out of perfectly normal physical reactions to justify a predetermined DUI arrest. >> You want to You going to lend me >> Yeah. No. >> Yeah. >> I didn't do anything. I didn't smoke. >> You didn't smoke. >> I didn't do anything. >> I need my phone cuz I'm recording. >> Oh, you can leave it in the >> to record. >> Just go ahead and Yeah, just stand right there. Thank you. >> Okay. >> Huh? >> I'm allowed to have my phone though. >> No, I am >> All right, they don't want us to record for some reason. >> No, I'm allowed to have my phone. Yeah, yeah. That's my This is my phone. I can record. >> We've got cameras right here. >> I know, but this is just for my protection. >> All right, you can work that out with Officer Smith. >> I don't >> You got anything in the car? >> Is this is protection too? >> I've got it. I've got body camera on. This will just sit right there. Everyone's got cameras on. Can you go back there? >> Wait. Can I have that cigarette? >> Huh? >> Can I have that cigarette? >> Oh, here you go. Dude, thank you. >> Yep. >> Thank you. >> You're welcome. >> Is there any way that like you can just search me so that I can just take the pizza to our friend who already has the door wide open that waiting for us? >> No, not right now. So, I haven't been here for this, but generally when an officer searching a car, he's got probable cause, and that means that there's some kind of illegal contraband or property inside the vehicle. So, we can't let you go because if we do find something that's illegal, there's a chance that it's yours. So, we have to finish our investigation, and then we can make that determination. >> I don't know. I don't know. Yeah. Yeah. >> What is this? >> This is a mirror. >> Can you get that open? >> You got to do the thing the opposite way. >> That's good. I'll go first. Yeah, I haven't been in a gym yet. >> Yeah, that's right. Well, I know it's fine. Yeah. >> It's on the door. >> What? >> It's on the door. But you have to pop it up a certain way cuz it's the wires are broken. Yeah, you have to get something metal and put it on the back so that it cuz the wires are >> Oh, yeah? >> are messed up on it. >> Okay. >> Just so you know. Like >> I don't >> Never mind. Where did the boards go? >> What did you say, honey? >> Where did the long boards go? >> What long boards? >> Are they in there? >> I can see the wheels down there. >> They were in my back seat. Oh. >> Remind me your name. >> Natasha. >> What's your last name? >> Winegar. >> I don't think I met you. >> No. Probably not, too. >> So, where did they go? >> What? >> So, where did they go? Not that it matters. >> Yeah, no, it's Yeah, they're It is. Yeah. Tanish, can you tell Jesse we're coming? Can you tell him that it's a Yeah, I know. He says the door's wide open and no one's there. Okay. Okay. Okay. >> You guys are going over to have pizza with Jessie? >> No, well, they He can't walk or nothing. I guess his power just went out today and everyone left, so he's in there alone in the dark. Can't get up and walk and he has no food, so we are going to bring him some pizza and so he has something to eat and try to give him some kind of light. >> Sure. >> And then go home. >> All right. Um, will you do the field sobriety test for me? >> Yeah, I can I'm nervous. I don't What if I say no? I'd rather not cuz you guys are scaring the [ __ ] out of me. >> Well, I'm asking you to. >> What if I >> Well, you're I mean you're you're you're sweating. >> Well, cuz we just got the pizza and it was hot in the car and >> Well, I mean I'm hot too, but I'm not sweating like you are. >> Well, I don't >> And then his pupils are real small. >> Well, the hot pizza was in the car, so I was drinking. You guys were drinking. >> were You guys were in the car for just a matter of a couple maybe a minute. >> What if I say no? >> It's up to you. >> Well, I don't want to go to jail if I say no. Like I don't >> Who's asking? How about we just do the field sobriety test and then we'll see how how we are and then we'll go from there. >> That's fine. I don't think you guys >> Hey. >> What if I say no? Do I have to do it? >> I don't know, do you? >> No. >> Right now, I believe you're under the influence. >> He's under the influence, you're under the influence. >> I'm not, though. >> Oh, you're not? >> No. >> Will you take drug test? >> What? >> Will you take drug test? >> No, I don't have to. >> Huh? >> I don't have to. >> I mean, those those drug tests are are very simple. If you if you if you claim not to be doing drugs, you're going to you're going to pass them and you'll get you guys will be kicked out on the road. >> I don't think I have to, though. >> Huh? >> I don't think I have to, though. >> I'm asking you. >> And if I don't? >> More than likely you're going to go to jail. >> Whatever. >> Huh? >> Whatever. >> So, you'll do them? >> If I have no other choice. Sure. >> It's positive. >> We're going to take a field test. A sobriety A sobriety test. >> Sir Sir Armando. Okay. Um first name is uh All right. Push that. >> What's the wrong with you is that I'm not going to walk over here and fall. All right, you need to get your left foot on that line. Put your right foot right your left foot and hold it right there. And then stand out and do your hands to the side. Do the heel-to-toe and do the heel-to-toe, okay? I'm going to test you, okay? >> I think he's going to fall cuz his feet are too small. >> Put your foot on the line. Right foot flat. Do the heel-to-toe and do the heel-to-toe, okay? I'm going to take three steps and not stop. I'm going to take another step on that white down line. I need to say it to you the whole time and then cut out loud except for the ticket. All right. Side the whole time. You have to make sure you put a quarter turn on your lead foot. >> Left foot and right foot? >> All of them All of them are sick. You put a quarter turn on your lead foot. From 9 to the 6 close steps back. where you started. You step off line. Continue where you left off. All you have to do is breathe. Okay? >> So I count from 1 to 9 or just >> All you do. Okay? You stand in that position. Okay, you're in this position right here, okay? It's 1 2 3 4 5 6 7 8 9, okay? >> Yeah. >> So there's a small step from your left foot. >> My left foot would be like >> 1 2 3 4 5 6 7 8 9. 9 hill to toe steps. 9 hill to toe steps. >> Right, so if I my left foot would be the last foot I end up with. >> So you're going to take 9 hill to toe steps. >> Right, and then my left foot >> Turn around. Turn around on your left foot. Like I I just want to do it. >> Okay, well >> Can you Can you demonstrate it? >> No, I just I just want to make sure because my left foot Whatever So it doesn't have to be my left foot, right? >> It's your left foot. You're going to take 9 hill to toe steps. >> So whatever foot I end up with is what I'm going to start with, right? That's my left foot. >> Essentially. >> Cuz my left foot my >> Will you give me the demonstration? >> No, no. I'm just I just want to make sure. >> All right. In that position, left foot on the line. Left foot in front. Left hill to toe. Do you have any questions? >> No. >> All right, you may begin whenever you're ready. >> 1 2 3 4 5 6 7 8 9. That's where I turn. >> Turn around on your left foot. >> Yeah. 1 2 3 4 5 6 7 >> I was like What you going to do is you What you going to do is stand with your feet together, your hands out to the side like 20 degrees, okay? Um what you going to do is you're going to raise your foot your foot of choice, and you're going to raise it 6 inches above the ground. All right? All right, then. >> Who's Who's that guy? >> How long does it take him to do a field sobriety? >> It's a good question. Uh I've seen them take 5 minutes, I've seen them take 10 minutes. They're on the last test right now. So, it shouldn't be too much longer. >> Okay. >> Yeah, we got it. >> 5 minutes to do a field sobriety? >> Depends on how many questions the person has and how fast or slowly they do it. Cuz I I've been on tests with people like they just keep walking. >> Oh, really? >> Yeah, and and if the officer's like just letting them walk. I mean, you just let them walk, right? I've been on tests where they've walked backwards. You're like, "What are you What are you doing?" >> Really? >> I've seen some crazy stuff. And so, for that for those reasons, it can take some time. Yeah. Or for the opposite, if they're doing real bad, and it goes really quick, they're probably on something. >> Tell you I can't even do a field sobriety test sober. >> Oh, yeah? >> I can't walk on You know what I mean? I can't stand on one foot and stuff. >> Yeah. >> I'm just old, I guess, but [ __ ] I can't stand on one foot and balance. >> Sure. >> You know? I mean, that's hard to do. >> Yeah, and a good officer will take those things into consideration because what's reasonable, what's not, right? >> I mean, I know I've never had any good balance anyway, just you know, I'm not a kid. Stand on one foot, close your eyes, and look up. I can't keep my balance on two feet. >> Yeah, some of us get turned around easier. >> That's crazy, but yeah. Yeah, I couldn't do it. Too hard for me. >> Yeah. >> Yeah. And what else do they do? Yeah, I don't know. The field The field pens. Don't move your head, just your eyes. Is that what it is? >> Yeah, for nystagmus, you got to keep your head still and move only your eyes. >> Yeah. >> Because with the nystagmus, it's These are no secret. Um some drugs will cause your eyes to have like an involuntary jerking. >> Yeah, yeah, yeah. That's shudder or something. >> Yeah. But But like me, I have I have a natural nystagmus in my left eye. >> Oh, really? >> Yeah, so if you do this to me sober, my left eye will start bouncing. >> yeah. >> And so, you you know, a good DUI investigation officer will take all these things into consideration and make that determination. >> Yeah. Well, um Yeah, that's crazy. That's crazy. I don't I don't think they go through much training to do these tests. I think they only go through a little bit, you know? >> Oh, like the officers? >> Yeah, yeah. And then they call them professionals cuz they >> Well, also there's three There's actually three levels to it. So >> Oh, really? >> Yeah, so every officer in the academy you you learn the basics and how to conduct >> field sobriety. >> Then there's a second level. It's an advanced course. Advanced roadside impairment course. >> Mhm. >> Um So when you learn that, they actually teach you a little bit more into the drug realm. Like what different drugs will cause what in the eyes, what different drugs will cause >> yeah. >> But then you have the top level, which is DRE, and they're the only ones that are considered an expert. They have to go through extensive training, and they actually have to keep their certifications up, and they have to get so many hours and evaluations all the time. >> Right, right. >> Um so it it all just kind of varies. >> Wow. That's crazy. >> It is. And with there being so many drugs, what we're seeing a lot now is poly drug users, meaning that people are mixing alcohol with heroin and >> yeah. Well, they've always done that. They've always mixed alcohol with whatever drug. >> But now it's like you don't you don't know what you're going to get. You You get like >> Yeah, you Who knows what they got out there these days? >> Yeah, we got people pee hot for almost everything on the list, and >> Really? >> Oh, it's just unreal. >> Wow. Wow. The Chinese are sending over a lot of [ __ ] too. >> Yeah. Not good stuff. >> No, no. They're doing that on purpose so they can kill us off, these middle and younger age people that are good enough to go to the army, you know what I mean? Huh? >> She said >> Okay. >> She said call dad. >> Okay. What? They're going to arrest her for DUI? >> I don't know what they've made that arrest for. I >> Oh, okay. >> I I watched them do some of the tests, but >> Okay, all right. >> I wasn't there for for final decision. >> right. You're arresting her for DUI? >> Yes. >> Why? >> What do you mean why? >> I don't know why. She's not DUI. >> Okay. >> Well, we'll have to find out. >> Okay, that's fine. >> What are you charging her with? >> I'm not >> Huh? >> What are you charging her with? >> No, we're not charging her. >> What? >> You don't have a sergeant. Can you call one? >> Sure. >> Thank you. Why do you need me to do so? >> Because I'm asking you >> For what? What What are you going to get out of it? >> I'm just asking you to I'm just asking you to call your supervisor, sergeant. Your supervisor, sergeant. Please. >> Who is that? >> Copy and route after something blah blah blah. >> They're searching the house over there. >> All right, they can try that. >> Yep. >> She's not DUI. She hasn't done anything. Breaking people's constitutional rights around here. >> I I really don't know what's all the details on this. Sometimes >> you got your camera rolling? >> I do. Absolutely. >> Please do. Thank you. >> I've got mine rolling. Uh he's got one on his chest. >> Yeah. >> We >> But that But that don't mean they always turn them on, either. You know? >> Our department's pretty good about it, about having them on. I don't know what your experiences are with us, but I know for my safety, I hate going out without my body camera. It It just I just feel like it's it's good for me as much as it's good for you, you know what I mean? >> for you as much as it is that regular citizen, the regular individual. You know what I mean? Because like the sheriffs, they don't have to wear them. They say they don't have to. But if it was me, if I was the uh the supervisor, I would say you have to have a you have to have one. You know what I mean? Or or don't even come on shift. Because that protects you as well as them. >> I agree. I I think body cameras are >> And if and if they don't have one, then then think about it. That's a problem. >> Yeah. I I I agree with the statement that body cameras are important. >> Yeah. >> I think they serve a good transparency. >> Yeah, they they keep me. Yes. I Yeah. Yeah. Yep. They every I think every single officer should have to have one when he starts his shift until he ends it, no matter what. Because that protects both, you know, the citizen and the officer, both. >> They're they're they're wonderful. >> I mentioned I love my body >> Yes, they are. >> I love my body cam. >> Yes. Yep. Yep. Yeah. Yep. >> You guys >> the staying with old Jessie or >> No. No. >> Oh, okay. >> Just taking him some food and >> That's nice of you. >> Was headed home anyway. >> Cool. You guys live here in Provo, then? >> Excuse me? >> Do you live here in Provo? >> No, American Fork. >> Oh, right on. That's a good place to be. >> Why is he looking in that vehicle? I didn't ask. Why you Why you searching searching in that vehicle? >> So >> his. Did you lock something in that vehicle? >> Huh? >> Did you lock something in that vehicle? >> Did I Did I lock anything in there? >> other vehicle? >> No. You can walk up to any vehicle and look in it. >> And look in it? No. >> You can look in the vehicle. >> With a flashlight? No. That's suspicious. >> So what? What is it illegal? >> Huh? >> Now it may maybe suspicious, but is it illegal? >> So so so shouldn't cops think that that's suspicious that he's looking in some vehicle that could be who knows who that could be? >> But that's not his vehicle. >> But that's in public, right? >> Huh? >> That's what I'm trying to get at. That's what I >> No. >> And notice that you walking up or was us walking? >> You know what I'm talking about. I'm not I'm not just being a I'm just being straight up. You know what I mean? >> Straight up is in public, right? >> That has nothing to do with this stop. That's just shady. It does matter. That matters. >> I can walk away and go not find a door right now. >> I didn't say you couldn't do that. But that's like like if like >> If somebody called and said, "Hey, we got a prowler." >> You know, we go on a lot of calls where people are looking in car windows and we show up and they're like yeah, I was looking in car windows, but I wasn't trying to break in. Okay. >> Well, I could call 911 and be like there's Officer Mahoney looking in your car window. >> That's insane to me. So as as police officers, we have the same constitutional rights that you enjoy. >> Yeah, you do. >> Uh and since you get to enjoy looking wherever you can be in public, we get to enjoy that same right as well. >> you sure you do. Sure. >> But >> What what police officers walk around and look in people's vehicles with flashlights? >> So do you know what neighborhood you're in? >> Of course I do. >> It's a high crime area, right? So sometimes we get vehicles out here. >> doesn't matter if it's high crime or low crime. It's still the same thing. >> Same concept. >> Huh? >> Yeah. >> Where are you you need to get out of that vehicle? >> Uh no. My phone, yeah. Yeah, my phone, please. Yeah, I'll I'll take it. You can take the phone, yeah, yeah. That's it. I got my snow, yeah. Can I turn these lights off? >> Sure. >> Thank you. Thank you. >> Hey, bud. >> Yeah. >> Where's your ID? >> I don't have ID on me. >> Well, she did. >> Oh, yeah, I do. I do have ID. Hold on. I do. Yeah, I've got it. >> Oh, you got it? Okay, I was just saying >> Yeah. I was in the car. I was going to say, "Yeah, I do got it." I I didn't think I had it on me. I'm sorry. >> Is that all you need him for? >> Uh yeah, I don't need him >> All right. Thank you. >> Okay, have have a good rest of your night. >> Yeah, great night. >> Case details: pretext for violence, unspecified traffic stops to an extended vehicle search and DUI screening. The police logic: forcing a voluntary roadside sobriety test through jail threats while simultaneously admitting that sober people routinely fail the same test. Legal violations: Fourth Amendment overreach, coerced field sobriety testing, threat of retaliatory arrest.