who's truck is this yours how old are you don't lie to me either 17 sit down why are you standing we're here sir is that out of Florida do you have your ID that's not required first name Antonio a a t o N I o middle initial J last name hey hi um 1st name Carl 2nd name Sam Ma'am Officer Salas will you 10:15 her please over here to your right yep this female she's gonna go with us for possession of alcohol under 21 and put her in the back of our car please and get started on a 7:07 for her understood I'll search her in a minute um do you have any weapons on you I have a knife in my pocket my right left foot left right here okay can I give this to one of your friends yeah you have to Justin Justin alright let's throw it in the truck you came here in this truck yeah we'll just get we'll just give it to Justin hold on a second Justin 3 2 Justin um so we're turning her with possession of alcohol under the age of 21 so just get started on that 7:07 um you know our back little window slides up and up and uh open and close all right you can talk to her through there just put her in the back seat and get started on the 7:07 while I deal with the rest of them sounds good sounds good 4 x ray 12 essential 4 x ray 12 adult female 10 15 and like I said just so I can get all this stuff 4 Delta 13 you ready I'm gonna suck stick your phone back in your pocket okay what's that ma'am can I get Justin's car keys where are the keys at which one is Justin thank you actually you know what hang on one second just turn around for me real quick I just hang up for a second okay ma'am alright Officer Salas bags in there will you let me know those bags I got I got them bring it back for me what the fuck I'm not even I'm not even anything like I am like I literally not even hold up and I just go ahead I don't need this shit for me this is not me like I didn't like what the fuck what is name mom I literally just pulled up um where like Bryce and everybody was and like we were just chilling and cops pulled up and they just put me in handcuffs like I'm in the back of the police car like I don't I don't know like they they wouldn't let me call you like I don't I don't know like this is all crazy it is in Daytona I will send you my location right now hold on no they I think they're taking me to the police station like I don't know I don't know mom like I don't know no they said I'm an adult like they don't care about you like I'm an adult like I don't nothing literally nothing I literally just pulled up two minutes ago mom and all this is happening like I just pulled up like I just pulled up mom I did not do anything wrong I promise you I swear on God on my dad on dead dad I swear to God I didn't do anything they won't tell me anything they just put me in handcuffs I was sitting on the back of the seat doing nothing I don't know I don't know they don't wanna talk to you they don't care it's my officer it's my mom can I talk to you like it's ma'am what's up um my mom says it's her car she wants to talk to you about her car alright just give me a minute okay I don't mean to yell at you sir no you're right you're right I just never been inside of a cop car before like I don't do this like I don't do this I'm just freaking out coming in handcuffs like I never I just never been in handcuffs like what the fuck thanks very much South Atlantic Hurricane for the 5 3 0 here in the East Coast that Mark you're being arrested and you're going to jail I'm sorry I was talking to my mother I was letting her know what was happening you're 18 years old right you're a grown adult yes ma'am but I just turned like 18 what's your first name Courtney c o u r t n e y r I t a r I t a chase c h a C e o 9 0 5 2,003 um did you run her Intel type page or in Elvis at least I have Paige in um Elvis yeah this is this is Courtney here's Courtney's phone actually let me actually okay all from the same car uh two in this one one in that one okay um I guess from the same arrest I'm guessing why I was getting that uh they're all from the same call they're arrested for different things my two are for possession of alcohol and that one's for weed cool no um 7 of Sevens are about done they're all done they're all signed sweet alright let's go with the uh girls first okay so the girls are gonna be in this car sounds great both are in the back seat there how you doing young lady good I need you to step on out for me here's what we're gonna do we're gonna turn around I'm gonna swap out those nice pretty handcuffs for my ugly ones please well they're gonna not feel any better so oh it's not gonna change anything other than he wants his nice ones back hmm he doesn't want my crappy ones that's right I'm not going nowhere I know you're not alright once we get you to the jail or actually once we get you to the office we're gonna get you out of these things do some paperwork and then we'll uh get you out to the uh jail and get you out of here alright okay short and simple to the point I am not here to be an asshole to you if you're not an asshole to me we'll get along just fine I'm very respectful okay I appreciate that alright come on down here come on in seat over there if you want them let me know if you don't find money okay one down same thing I just told her I'm here to be as easy going as possible as long as you're nice to me I'll be nice to you sound fair alright here we go take these up I'll give you one second yes sir watch your something under there no I have to separate this one tiny breasts how old are you I'm 18 18 very okay right over here thank you step on it I tried to put it on the fridge I tried user DURING BIKE OKTOBERFEST 2021 IN DAYTONA BEACH AN 18 YEAR OLD WAS TAKEN INTO CUSTODY FOR MISDEMEANOR POSSESSION OF ALCOHOL THE LEGAL FRAMEWORK CONTROLLING THIS ARREST SPANS THREE FLORIDA STATUTES AND FOUR SUPREME COURT DECISIONS THE CHARGING STATUTE IS FLORIDA STATUTE SECTION 5 62.111 SUBSECTION 1 IT PROHIBITS ANY PERSON UNDER 21 FROM HAVING ALCOHOLIC BEVERAGES IN HER POSSESSION A FIRST CONVICTION IS A SECOND DEGREE MISDEMEANOR THE PENALTY STRUCTURE IS SET BY FLORIDA STATUTES SECTIONS 7 75.082 AND 7 75.083 UP TO 60 DAYS IN COUNTY JAIL A FINE UP TO $500 UP TO SIX MONTHS OF PROBATION A SECOND CONVICTION ELEVATES THE OFFENSE TO A FIRST DEGREE MISDEMEANOR UP TO ONE YEAR IN JAIL AND A ONE THOUSAND DOLLAR FINE FLORIDA STATUTE SECTION 3 22.057 AUTHORIZES THE COURT TO SUSPEND THE OFFENDER'S DRIVER'S LICENSE FOR UP TO TWO YEARS THE CONSTITUTIONAL FOUNDATION RESTS ON THREE SUPREME COURT DECISIONS THE DETENTION IS GOVERNED BY TERRY VERSUS OHIO 1968 ARTICULABLE SUSPICION OF CRIMINAL ACTIVITY IS THE THRESHOLD VISIBLE ALCOHOL IN THE PRESENCE OF OBVIOUSLY YOUNG INDIVIDUALS SATISFIES IT THE CUSTODIAL ARREST IS GOVERNED BY ATWATER VERSUS CITY OF LAGO VISTA 2001 A WARRANTLESS ARREST FOR ANY MISDEMEANOR COMMITTED IN THE OFFICER'S PRESENCE IS CONSTITUTIONAL EVEN WHERE THE OFFENSE IS PUNISHABLE ONLY BY A FINE THERE IS NO FOURTH AMENDMENT DEFECT HERE THE PERSONAL EFFECTS SEARCH IS GOVERNED BY CHIMEL VERSUS CALIFORNIA 1969 SEARCH INCIDENT TO A LAWFUL ARREST EXTENDS TO THE ARRESTEE'S PERSON AND THE AREA WITHIN HER IMMEDIATE CONTROL THE PAT DOWN CONDUCTED BY OFFICER SOLIS FALLS SQUARELY WITHIN THIS DOCTRINE THE SINGLE MOST IMPORTANT LEGAL MOMENT IN THIS FOOTAGE IS THE SUBJECT REFUSAL TO PRODUCE IDENTIFICATION HER RESPONSE THAT'S NOT REQUIRED IS LEGALLY ACCURATE UNDER FLORIDA LAW FLORIDA IS NOT A STOP AND IDENTIFY STATE IN THE TRADITIONAL SENSE HEBEL VERSUS 6TH JUDICIAL DISTRICT COURT 2004 UPHELD STOP AND IDENTIFY STATUTES ONLY WHERE THEY EXIST BY STATE LAW FLORIDA HAS NO GENERAL STATUTE REQUIRING A DETAINED PERSON TO PRODUCE PHYSICAL IDENTIFICATION ABSENT SPECIFIC CIRCUMSTANCES SUCH AS A LAWFUL TRAFFIC STOP OR POST ARREST BOOKING THE DISPOSITIVE QUESTION ON GUILT IS THE DOCTRINE OF POSSESSION FLORIDA LAW RECOGNIZES TWO FORMS ACTUAL AND CONSTRUCTIVE ACTUAL POSSESSION MEANS THE ALCOHOL IS ON THE PERSON CONSTRUCTIVE POSSESSION REQUIRES THREE ELEMENTS DOMINION CONTROL AND KNOWLEDGE MERE PROXIMITY TO ALCOHOL IN A GROUP SETTING IS NOT POSSESSION THE STATE MUST PROVE THAT THIS SPECIFIC INDIVIDUAL HAD THE ABILITY TO EXERCISE CONTROL OVER THE BEVERAGE AND KNEW OF ITS PRESENCE IN GROUP ENCOUNTER CASES THIS IS OFTEN THE CENTRAL TRIAL ISSUE THE FIFTH AMENDMENT ANALYSIS TURNS ON MIRANDA VERSUS ARIZONA 1966 NO WARNING IS AUDIBLE BEFORE SUBSTANTIVE INTERACTION WITH THE SUBJECT THE SUBJECT'S STATEMENTS DURING THE PHONE CALL TO HER MOTHER ARE SPONTANEOUS AND VOLUNTEERED THEY FALL OUTSIDE MIRANDA'S PROTECTIONS AND REMAIN ADMISSIBLE HOWEVER THE ROUTINE BOOKING EXCEPTION UNDER PENNSYLVANIA VERSUS MUNIZ 1990 COVERS ONLY BIOGRAPHICAL QUESTIONS NAME DATE OF BIRTH ADDRESS IT DOES NOT EXTEND TO SUBSTANTIVE INQUIRY ABOUT THE OFFENSE DEFENSE COUNSEL MAY SCRUTINIZE ANY DIRECT OFFICER QUESTIONING POST CUSTODY THE FEMALE OFFICER PROTOCOL IS GOVERNED BY FLORIDA STATUTE SECTION 9 0 1.211 PAT DOWN AND INTIMATE SEARCHES OF A FEMALE RSD MUST BE CONDUCTED BY A FEMALE OFFICER WHERE REASONABLY AVAILABLE THE LEAD OFFICER'S CALL FOR OFFICER SALIS REFLECTS COMPLIANT AGENCY PRACTICE THE DECISION TO MAKE A CUSTODIAL ARREST RATHER THAN ISSUE A NOTICE TO APPEAR UNDER FLORIDA STATUTE SECTION 9 0 1.2 TO 8 IS DISCRETIONARY MANY FLORIDA AGENCIES ISSUE NOTICES FOR FIRST OFFENSE UNDERAGE POSSESSION THE CUSTODIAL ARREST APPROACH IS LAWFUL BUT NOT REQUIRED GRADES THE LEAD OFFICER RECEIVES A B DIRECT PROBABLE CAUSE INQUIRY LAWFUL ACCEPTANCE OF THE IDENTIFICATION REFUSAL APPROPRIATE SAME GENDER SEARCH PROTOCOL AND DE ESCALATION AROUND THE VOLUNTARY KNIFE DISCLOSURE DEDUCTION NO AUDIBLE MIRANDA WARNING PRECEDED POST ARREST DIALOGUE OFFICER SOLIS RECEIVES AN A MINUS HER OPENING CONTRACT MUTUAL RESPECT WITHOUT THREATS IS TEXTBOOK DE ESCALATION FOR A YOUNG DISTRESSED FEMALE ARRESTEE THE SEARCH WAS CONDUCTED WITHIN PROPER CHIMEL SCOPE MINOR DEDUCTION FOR STYLISTIC INFORMALITY IN LANGUAGE THE SUBJECT RECEIVES A C PLUS FULL PHYSICAL COMPLIANCE AND ONE LEGALLY ASTUTE MOMENT CORRECTLY REFUSING TO PRODUCE IDENTIFICATION THE GRADE IS BOUNDED BY UNDERLYING CONDUCT AND BY EXTENSIVE VOLUNTEERED POST ARREST STATEMENTS THAT NARROWED HER DEFENSE OPTIONS THE DAYTONA BEACH POLICE DEPARTMENT RECEIVES A B OPERATIONAL COMPETENCE PROPER RADIO PROTOCOLS MIXED GENDER TEAM COORDINATION THE AGENCY'S POLICY PREFERENCE FOR ARREST OVER NOTICE TO APPEAR IN FIRST OFFENSE UNDERAGE CASES IS DEFENSIBLE BUT WORTH PUBLIC SCRUTINY THREE TAKEAWAYS FIRST IN FLORIDA AND MOST STATES YOU ARE NOT REQUIRED TO PRODUCE PHYSICAL IDENTIFICATION DURING AN ORDINARY DETENTION VERBAL IDENTIFICATION IS SUFFICIENT INVOKING THIS RIGHT IS NOT RESISTANCE IT IS CONSTITUTIONAL PRACTICE AND LAWFUL OFFICERS WILL ACCEPT IT WITHOUT ESCALATION SECOND POSSESSION IN FLORIDA LAW IS NOT THE SAME AS PROXIMITY THE STATE MUST PROVE DOMINION CONTROL AND KNOWLEDGE NOT MERE PRESENCE NEAR THE CONTRABAND IN GROUP SETTINGS CAREFUL ARTICULATION OF WHICH INDIVIDUAL EXERCISED CONTROL IS THE PROSECUTION'S BURDEN NOT A PRESUMPTION THIRD POST ARREST SILENCE IS A CONSTITUTIONAL RIGHT NOT A STRATEGIC PREFERENCE PHONE CALLS TO FAMILY MEMBERS DURING TRANSPORT ARE RECORDED VOLUNTEERED STATEMENTS HOWEVER EMOTIONALLY UNDERSTANDABLE BECOME EVIDENCE THE FIFTH AMENDMENT EXISTS PRECISELY FOR THE MOMENT WHEN EXPLANATION FEELS MOST NATURAL ALL INDIVIDUALS SHOWN ARE PRESUMED INNOCENT UNTIL PROVEN GUILTY THIS ANALYSIS DOES NOT CONSTITUTE LEGAL ADVICE LET US KNOW IF THERE IS AN INTERACTION OR LEGAL TOPIC YOU WOULD LIKE US TO DISCUSS IN THE COMMENTS BELOW THANK YOU FOR WATCHING AND DON'T FORGET TO CHECK OUT OUR SECOND CHANNEL STREET BODY CAM FOR EVEN MORE POLICE INTERACTION AND COURTROOM CONTENT