where did you find the guys when we travel to the exercise for you to use this line right here so I can see the corner and I'll face that way you can see that line just fine right so I need you to put your left foot on that line if you like it put a finger if you don't put a finger OK hold it on hold it and I'll face you hold it 1 2 3 4 5 6 7 8 9 10 11 12 make sure you look at your foot make sure your foot touches up OK can I tell it belongs to a friend I really don't know the family you know something that needs to be done what can I do for you I don't know anything does that mean you can get one thing tonight 1051 4 1051 4 1065 yes sir yeah I'm going to talk to him before we go okay so this isn't my phone number huh this is my boyfriend's okay just give me a few minutes I'm going to talk to him okay alright I'm not gonna request to put a lot of pressure to breathe for a few minutes without alcohol content and I come through so if you take that as an example if you take that as an example and if you're interested in finding out more information about the application of F ONE TWELVE and if you're interested in finding out more information about the application of F ONE TWELVE 1 2 5 3 1 5 so you can sleep or watch TV or read the internet or you can read a book any other time you can be sold by one so you can fix it and you can hear it and you can see it just like that about the price you wanna pay if you want to ride a bike in Colorado you have to wear a helmet you wanna make the phone call I like to talk on my phone I can get a phone call no I don't need a phone I don't need to talk on the phone OK and I'll be seeing you at the bottom if I live with the beat and I don't know that or if I can use her phone or someone's phone no just my phone please where's your phone at oh it's in my boyfriend's car so it's your boyfriend's phone yeah how tall are you 5 1 how much do you weigh where were you born Arkansas where in Arkansas Little Rock what is it Little Rock OK what's your phone number for you that's my mother's phone number okay as long as we can get a hold of you uh your phone's on a s I s t so she's gonna give you her boyfriend's phone do you know your dad's number yes sir okay go ahead and call him hello I'm sorry I didn't mean to ruin the day I'm sorry but till you didn't ruin anything you got a shirt like no your shirt's back there do you want one take a take 1.5 I'm trying 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 it's fine I'm just fucked either way it doesn't matter do you think I can ask him to stay until my mom gets here so she can call your mom I just called my mom it's fine I mean just I hope y'all know where I'm going I'll pay you back everything excuse me where's Blaine in the fucking water still with the jet ski yeah I called him and told him that sucks do you want me to call Lucas yeah you want me to call him now yeah can you call can I um grab her phone to call my boyfriend yeah Lucas yeah I'm getting arrested real quick yeah I'm in the back of the cop car I don't know I'm calling my parents and they're not answering so I don't know what to do I don't know if you want to pick me up from jail I guess there's something else you can do who's calling what alright I gotta go someone's calling hello just be like come to the who is he talking to um he said should I call your mom and you're like yeah don't tell him to go anywhere tell him where I'm going tell and then I'm getting arrested tell her that she's being arrested and we have to go pick her up from jail um excuse me where y'all taking her Saint Jones County Jail Saint Jones County jail call my dad call my dad call call call her dad it'll is it under just dad yeah it's just under dad okay alright my mom's on the way so okay they aren't gonna be mad at you not at you yeah no just call call my dad call her dad alright love you bye you got AC it's hot in this room what do you got all this for dangerous I understand I'm not blaming you or anything I'm trying to get through it you know what's this panda back here for is this a camera who's watching it can you see me hello yeah a driver mom or Ada it's all in my favorite contacts yeah it's all in her favorites alright alright bye um so when you arrest people and you're like driving somewhere do you listen to music no no can we please is that just like a new thing or it doesn't listen to nobody it's it's a I'm not staying with the same because I don't want you to call them they don't want you to call them oh that makes sense do you talk to them yes you can talk I'll answer when I talk Dang this sucks these are some heavy duty handcuffs don't got nothing on Spirit Halloween do you remember Gia had this Spirit Halloween handcuffs in her room for like 4 years you want me to go over there no what's going on give me the phone I wanna call Lucas try not to step in the little damn mess if she's good on that she'll be OK with the vehicle yeah hello yeah I'm still in the back of the car Molly's getting breathless right now my my parents aren't answering their phones I don't even have my phone she's on her way okay yeah I'm in I'm in handcuffs I'm in the back of the car OK answer that that's my mom can you release her to me what does she blow have you called your mom she won't answer I called Ada but so I think they're going to jail um just a car I might have something that you can bring there's still here nothing in your hand fuck they're not expired hey mom hey I don't I don't wanna walk you said you told you over expired tabs but the tabs are not expired I don't know he said the tabs on the Jeep are expired one second they're putting a shirt on me that's my mama they're saying that the tabs on the cheaper expired yeah yeah they come back they come back in the computer yeah expired he said they come back in the computer expired can I grab this one of these yeah the last photo how far are we how far are we from the jail yes sir quite a ways so what I'm gonna do is I'm gonna drop you off here I'm gonna put you in the van and then I and then I they're gonna drive they're gonna drive okay a van full of other people no they're taking separate they're taking separate okay THIS BODY CAM FOOTAGE CAPTURES A DUI ARREST IN FLORIDA THE EXACT DATE AND FINAL CASE DISPOSITION ARE NOT DOCUMENTED IN AVAILABLE SOURCE MATERIAL THIS ANALYSIS FOCUSES ON WHAT THE FOOTAGE CONFIRMS FIELD SOBRIETY TEST ADMINISTRATION POST ARREST PROCEDURE AND TRANSPORT HANDOFF WITHOUT INVENTING WHAT THE RECORD DOES NOT CONTAIN THE FIELD SOBRIETY TEST ADMINISTERED HERE FOLLOWS THE FRAMEWORK DEVELOPED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION OR NHTSA WHICH VALIDATES THREE STANDARDIZED TESTS FOR DUI DETECTION THOSE THREE ARE THE HORIZONTAL GAZE NYSTAGMUS THE WALK AND TURN AND THE ONE LEG STAND DEVIATION FROM THE VALIDATED PROTOCOL IS THE PRIMARY GROUND ON WHICH DEFENSE ATTORNEYS CHALLENGE FST ADMISSIBILITY AT TRIAL UNDER FLORIDA SUPREME COURT PRESIDENT IN STATE VERSUS TAYLOR 1,995 FST EVIDENCE IS ADMISSIBLE IN DUI PROSECUTIONS UNDER STANDARD EVIDENTIARY RULES THE DEFENSE MUST CHALLENGE ADMINISTRATION NOT EXISTENCE THE FIFTH AMENDMENT DOES NOT PROTECT A SUBJECT FROM PERFORMING AN FST UNDER SCHMERBER VERSUS CALIFORNIA 1,966 PHYSICAL PERFORMANCE EVIDENCE IS NOT TESTIMONIAL AND FALLS OUTSIDE SELF INCRIMINATION PROTECTION PENNSYLVANIA VERSUS MUÑIZ 1,990 REINFORCES THE POINT STANDARDIZED FST INSTRUCTIONS AND ROUTINE BOOKING QUESTIONS ARE NOT INTERROGATION FOR MIRANDA PURPOSES AND NO ADVISEMENT IS REQUIRED BEFORE ADMINISTRATION THE UNDERLYING DUI CHARGE IS GOVERNED BY FLORIDA STATUTE 316.193 OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE IMPAIRED OR WITH A BLOOD ALCOHOL LEVEL OF 0.08 OR HIGHER ARREST AUTHORITY FLOWS FROM FLORIDA STATUTE 901.15 WHICH PERMITS WARRANTLESS ARREST FOR ANY OFFENSE COMMITTED IN THE OFFICER'S PRESENCE INCLUDING A DUI WHERE PROBABLE CAUSE DEVELOPS ON SCENE ONCE LAWFULLY ARRESTED THE SUBJECT ENTERS THE IMPLIED CONSENT FRAMEWORK UNDER FLORIDA STATUTE 316.1932 OPERATING A VEHICLE IN FLORIDA IS ALREADY DEEMED CONSENT TO CHEMICAL TESTING UPON LAWFUL DUI ARREST SOUTH DAKOTA VERSUS NEVILLE 1,983 CONFIRMS THE CONSTITUTIONALITY OF THAT FRAMEWORK A STATE MAY ATTACH CIVIL AND CRIMINAL CONSEQUENCES TO REFUSAL WITHOUT VIOLATING THE FIFTH AMENDMENT BECAUSE BREATH IS PHYSICAL EVIDENCE NOT TESTIMONIAL BIRCHFIELD VERSUS NORTH DAKOTA 2,016 ADDS THE FINAL PIECE BREATH TESTS ARE PERMISSIBLE AS SEARCHES INCIDENT TO LAWFUL ARREST AND CRIMINALIZING THEIR REFUSAL IN REPEAT OFFENDER CONTEXTS IS CONSTITUTIONAL VOLUNTARY STATEMENTS MADE DURING TRANSPORT ARE ADMISSIBLE UNDER RHODE ISLAND VERSUS INNES 1,980 COMMENTS OFFERED WITHOUT PROMPTING ARE NOT INTERROGATION AND MIRANDA DOES NOT REACH THEM EXPRESSIONS OF REGRET OR RESIGNATION HOWEVER ARE NOT LEGAL ADMISSIONS FLORIDA COURTS DISTINGUISH BETWEEN CONTRITION RELEVANT AT SENTENCING AND CONFESSION TO SPECIFIC STATUTORY ELEMENTS A PARENT'S ARRIVAL ON SCENE DOES NOT ALTER THE CUSTODY ANALYSIS ONCE A LAWFUL ARREST IS MADE RELEASE TO A FAMILY MEMBER REQUIRES A CUSTODY TO CUSTODY TRANSFER THROUGH A BOOKING MAGISTRATE OR POST BOND RELEASE THE OFFICER EARNS AN A MINUS FST ADMINISTRATION FOLLOWED A RECOGNIZABLE STANDARDIZED PATTERN PHONE ACCESS WAS GENEROUSLY PERMITTED A COVER GARMENT WAS ARRANGED BEFORE TRANSPORT NO FORCE WAS USED THE SUBJECT'S GRADE IS INCOMPLETE HER OBSERVABLE CONDUCT WAS COOPERATIVE THROUGHOUT BUT THE ELEMENTS NEEDED TO EVALUATE A DUI DEFENDANT FAIRLY IMPAIRMENT LEVEL PRIOR OFFENSES CASE DISPOSITION ARE ABSENT FROM SOURCE THE MOTHER EARNS A B HER PRESENCE ON SCENE WAS NON ESCALATORY HER RELEASE REQUEST WAS LEGALLY UNAVAILABLE BUT EMOTIONALLY UNDERSTANDABLE AND SHE SUPPORTED RATHER THAN CONFRONTED THE PROCESS THE CENTRAL LESSON IS THAT A FIELD SOBRIETY TEST IS AN EVIDENTIARY CHECKPOINT NOT A NEGOTIATION PERFORMANCE GENERATES DATA REFUSAL GENERATES AN INFERENCE AND NEITHER CHOICE AVOIDS THE LEGAL PROCESS COOPERATION DURING A DUI ARREST DOES NOT VACATE THE CHARGE BUT IT RESHAPES EVERY DOWNSTREAM DECISION PROSECUTORS JUDGES AND DIVERSION PROGRAMS WEIGH CONDUCT DURING ARREST WHEN DETERMINING PRE TRIAL RELEASE PLEA OFFERS AND SENTENCING CONSTITUTIONAL PROTECTIONS REMAIN INTACT DURING FST ADMINISTRATION BUT THEY PROTECT DIFFERENT THINGS THAN SUBJECTS OFTEN ASSUME THE FIFTH AMENDMENT COVERS COMPELLED TESTIMONY NOT PHYSICAL PERFORMANCE AND IMPLIED CONSENT IS NOT REVOCABLE AT THE ROADSIDE IT WAS GIVEN BY THE ACT OF DRIVING WHAT REMAINS IS THE ABILITY TO REFUSE WITH ALL THE CONSEQUENCES THAT REFUSAL ATTACHES TO ITSELF LET US KNOW WHAT LEGAL TOPICS YOU'D LIKE US TO ANALYZE IN THE COMMENTS BELOW THANK YOU FOR WATCHING AND CHECK OUT OUR SECOND CHANNEL STREET BODY CAM FOR MORE CONTENT