how you guys doing huh how you doing good good good okay so I didn't know I couldn't do that what's that I mean I went fast like you went yeah you went fast I did it yeah you went fast no I'm sorry yeah too fast okay too fast too fast yeah too fast I told you 30 miles oh you both yeah you speak English too or not OK OK OK good no problem how about the problem OK so you understand what the problem was you said you went too fast I told her yeah yeah so you told her I told her OK got you whose jet ski is this oh it's yours OK and then you were just driving a borrowed one yeah I was just enjoying it just enjoying it yeah okay got you so did is there a reason why you took over and started driving no she asked me to drive I just wanted to she asked you to drive after she got stopped by us you're saying I didn't oh okay right now we're stopping you yeah but before no I didn't get stopped no that's us stopping you yeah so yeah so when you guys when she got stopped you she asked you to take over is that what you're saying right here when you turn around you grab the throttles and the and the wheel you ride the wheel yeah okay alright so just getting getting down the way and where's the registration for your vessel if she wants to come on to our boat so you can get it she can OK you want to just sit right here and turn around so I came okay and you just flip your feet flip your feet around there you go I don't want you to fall so I have I have one big problem I'm sorry when I was coming here this came off OK OK you just close it back up huh alright so here you know we're out here for everybody to see three 7 six seven nine single papa user are you wearing any contact lenses no what's that no no okay I'm gonna check your eyes you're gonna hold your head still and follow the stimulus with your eyes only okay and the stimulus is gonna be the tip of this pen right here see that light yeah okay you're gonna follow with your eyes and your eyes only alright yeah you okay alright tip this pen right here yeah equal pupil size rest of the stagnation check for equal tracking don't move your head just follow with your eyes and your eyes only okay yeah right here okay remember keep your head still okay our equal tracking is good we're gonna check for lack of smooth pursuit I'm keeping your head still okay you understand I understand okay there's the wind okay no problem all right Rafael hey so listen we're out here for everybody's safety okay I'm safe okay I know you're saying that you're safe but what I've seen from the operation of you operating that vessel you see me too driving a little bit fast because I was enjoying it was nothing like too crazy I didn't do anything crazy like that I was just trying to go to my boat to go home that was it and of course I drove a little bit fast it was my like second time I got a jet ski I was trying to enjoy my friend but I was not like doing anything wrong not that bad when as soon as you told me to stop and to go slow I did it okay right okay thank you for your explaining that to me I appreciate that well I need you to do now is just turn stand up turn around put your hands behind your back okay you're going to be arrested for boating under the influence to the point where your normal faculties are impaired do you understand that yes you let him go he's going to jail too okay okay alright you can sit back down and you have been cooperative and compliant okay that will go with him yeah I guess is that okay with you sure or she can just sit right here okay yeah that's fine this is a good spot here there's a whistle okay okay right here you just have to right here is better cause it's safer okay there you go why do we have to thank you do that okay you're you're boating under the influence to the point where your normal faculties are impaired you can't be operating a vessel when you've been drinking alcohol to the point where you're you're not able to make good good choices your decisions and you can't divide your attention okay and that's why you've been arrested okay do you understand that no I you know that's not it what it's not it you know that's not it that's why you've been arrested OK you know that's not it what is it it was not that bad not that bad OK all right we're gonna take you back to uh have you heard of Wildflower Park huh Wildflower Park no no that's where we're gonna go and we're gonna give you the opportunity to provide a sample of your breath so we can determine its alcohol content to see how much alcohol is in your system okay are you willing to give us a sample of your breath you won't do that OK alright so what I'm gonna do is I'm gonna read you some information OK for your refusal for refusing to um give us a sample of your breath there's some paperwork that goes along with that and I'll read that off to you OK do you have a number to call somebody that's on that boat yeah OK all my friends I do OK I'll give my purse and stuff OK and I'll get that all for you OK can I get my phone back to me I'm sorry can I get my phone back to me yes we can get you your phone as well OK and you've been cooperative and compliant and I'll put that in a report OK here it flip you you flipped you flipped it around that's why here I know but I'm not doing anything like that to be let me help you handcuffing okay then flip it this way so it feels better for you there okay that's better now yeah but I'm not being aggressive or anything I don't have to be handcuffing okay leave it like this this is a proper policy we have so it feels better now right that's disrespectful what happened was it what happened was it rolled on your wrist so just keep them like that and you won't have to worry about it okay alright alright ma'am come step this way real quick and sit are you able to grab her phone for me as well when you get a chance today yes we're gonna take the life jacket off okay she's been cooperating and complying no problems with her whatsoever yes sir just just wait for the officer to get that off ma'am oh wow so this is I'm assuming the gentleman's stuff yes and then his phone her phone perfect thank you sir alright I think that's it and uh yeah let me get my computer my bag for my computer put this uh yes thank you thank you sir uh what are we doing I'm just gonna put it over there with Cito and you guys are gonna run the sounds good I can put my fingers relax uh whose phone is this that's mine thanks you're the man thanks sir where where was her life jacket it's right there in the back it's over here there both of them I'm gonna put the life jackets with the uh jet ski I'll stay with you yeah okay so I have his wallet and your phone okay okay what's your name palaski okay I'm gonna walk forward right through here it's cold you said you're cold oh sorry we have any jackets for you thank you sir and I have some questions for you here in a little bit okay we'll just sit where are we doing lt just sitting right here or we can take it straight out take it straight out okay perfect okay do you have one on the ski no you have a shirt on the ski no okay but do you have a contact for someone to come here no for your gear that's on the other vessel um can you either take him or watch him I gotta grab his stuff out of the ski do you want we're gonna do you want your phone I have his phone here yeah and his wallet yeah OK perfect and then we're gonna walk over here OK you're gonna stand up for all of us yup yes thank you Ele Falou que tá de Boa Ele Falou que tá de Boa Ele Falou que tá de Boa yeah how about you go no he wants to go oh OK oh yeah yeah yeah they actually have one there oh do they yeah yeah yup uh do you mind watching them yeah yeah yeah yeah not he he just told me that he just uh he's gonna provide but she's refused EU nunca VI na minha vida over here to are you are you wet yeah yeah we were just talking about going home oh man it was literally he was like saying that he was so cold and he wanted to go home oh and I was like yeah take me to my boat and then we can both go home oh and that happened oh this is how it looks like I'm gonna grab you guys shit sorry man thanks bro it's still good it's in a good case you got your envelope your envelopes good yeah my uh trifold yeah I think I got like I got I over over 14 clues I'm figuring those I haven't counted them up yet I think I got 20 yeah man alright we uh we're gonna go where's where we're gonna stay where in the Berg probably in the Berg and then we're gonna do a observation for him who's the Eto you guys are fine thank you very much oh that's probably George he's a good guy is he out front he's a he's just around the Berg alright I'll let him know whose phone is that this is hers this is his yep I'm not sure do we have anything for them to wear we have anything for them to wear who's where'd you get that blue bracelet from put it on it's better to put that on and to put it on you can go that way too um but if you try to put them sideways that's when it kind of cuts in yeah we can go this way they're not they're not doing anything yet ON APRIL 28TH 2,024 FWC OFFICERS STOPPED A JET SKI ON LAKE BOCA RATON FOR SPEEDING DURING BOCA BASH SIGNS OF IMPAIRMENT TURNED THE STOP INTO A BUI INVESTIGATION BOTH THE OPERATOR AND HIS COMPANION WERE ARRESTED THE CHARGE IS SECTION 327.35 OPERATING A VESSEL WHILE IMPAIRED FIRST OFFENSE UP TO SIX MONTHS IN JAIL AND A THOUSAND DOLLAR FINE THERE IS NO DISPUTE ABOUT WHO WAS DRIVING THE SUBJECT ADMITTED IT BEFORE ANYONE ASKED HE ALSO ADMITTED SPEEDING OPERATING A BORROWED JET SKI AND HAVING ONLY RIDDEN ONE ONCE BEFORE EVERY STATEMENT WAS MADE DURING AN INVESTIGATIVE STOP NO MIRANDA REQUIRED UNDER BURKHEIMER VERSUS MCCARTY THE PROSECUTION DID NOT BUILD THIS CASE HE BUILT IT FOR THEM THE OFFICER ADMINISTERED THE SEATED FIELD SOBRIETY BATTERY ON CAMERA 4 TESTS DESIGNED FOR THE MARINE ENVIRONMENT HGN FINGER TO NOSE PALM PAT AND HAND COORDINATION EACH IS A DIVIDED ATTENTION EXERCISE ALCOHOL DEGRADES EXACTLY THE CAPACITY THESE TESTS MEASURE HGN HORIZONTAL GAZE NYSTAGMUS IS THE MOST RELIABLE IT DETECTS INVOLUNTARY EYE JERKING CAUSED BY ALCOHOL FOUR CLUES OUT OF SIX INDICATES IMPAIRMENT PEER REVIEWED RESEARCH SHOWS HGN ALONE CORRECTLY IDENTIFIES 85% OF SUBJECTS AT OR ABOVE POINT ZERO EIGHT THE OFFICERS REPORTED OVER 14 CLUES ACROSS THE FULL BATTERY WHEN ALL FOUR TESTS ARE COMBINED AT THRESHOLD ACCURACY REACHES 91% A DEFENSE ATTORNEY WOULD CHALLENGE CONDITIONS WIND AFFECTING EYE TRACKING BOAT MOVEMENT DISRUPTING COORDINATION SUN MIMICKING NYSTAGMUS LEGITIMATE CHALLENGES BUT THEY ATTACK WEIGHT NOT ADMISSIBILITY THE JURY STILL HEARS THE NUMBER BOTH SUBJECTS SPOKE PORTUGUESE AS THEIR PRIMARY LANGUAGE THE OFFICER CONFIRMED ENGLISH INFORMALLY BUT DID NOT REVERIFY BEFORE EACH TEST INSTRUCTION HGN REQUIRES ONLY FOLLOWING A STIMULUS WITH THE EYES MINIMAL LANGUAGE DEPENDENCY BUT FINGER TO NOSE AND HAND COORDINATION REQUIRE PROCESSING MULTI STEP VERBAL COMMANDS A DEFENSE ATTORNEY WILL ARGUE SOME CLUES REFLECT CONFUSION NOT IMPAIRMENT THE COMPANION REFUSED THE BREATH TEST UNDER SECTION 327.352 REFUSAL CARRIES A 500 DOLLAR PENALTY BUT NO LICENSE SUSPENSION BECAUSE FLORIDA HAS NO BOATING LICENSE THE REFUSAL BLOCKS THE BAC NUMBER BUT IT IS ITSELF ADMISSIBLE AT TRIAL AS EVIDENCE OF CONSCIOUSNESS OF GUILT IT ELIMINATES EVIDENCE IN BOTH DIRECTIONS F W C OPERATES UNDER SECTION 327.7 BLANKET AUTHORITY TO STOP AND BOARD ANY VESSEL WITHOUT PROBABLE CAUSE THE SUPREME COURT UPHELD THIS IN VILLAMONTE MARQUEZ ON LAND POLICE NEED A REASON ON WATER THE THRESHOLD IS ZERO EVERYTHING OBSERVED AFTER BOARDING IS ADMISSIBLE AND A BUI CONVICTION DOES NOT STAY ON THE WATER UNDER SECTION 327.35 SUBSECTION 6 ANY BUI COUNTS AS A PRIOR FOR FUTURE DUI CHARGES ON LAND ONE ARREST AT BOCA BASH CAN ENHANCE PENALTIES FOR A TRAFFIC STOP YEARS LATER GRADES THE FWC OFFICERS RECEIVE AN A MINUS TEXTBOOK ENFORCEMENT LAWFUL STOP NASBLA PROTOCOL SOBRIETY BATTERY ON CAMERA PRECISE STATUTORY LANGUAGE AT ARREST IMPLIED CONSENT READ CORRECTLY COOPERATION DOCUMENTED TWICE FOR THE RECORD 1 DEDUCTION ENGLISH COMPREHENSION WAS NOT RECONFIRMED BEFORE EACH TEST A DEFENSE ATTORNEY WILL EXPLOIT THAT GAP THE SUBJECT RECEIVES A C EXEMPLARY COOPERATION POLITE COMPLIANT ZERO RESISTANCE BUT HE VOLUNTEERED EVERY ADMISSION THE PROSECUTION NEEDED COOPERATION DOES NOT REQUIRE CONFESSION HE COULD HAVE BEEN POLITE AND SILENT HIS COMPANION RECEIVES A C MINUS COOPERATIVE BUT HER BREATH TEST REFUSAL IS A GAMBLE WHOSE PAYOFF DEPENDS ON THE REMAINING EVIDENCE THREE TAKEAWAYS FIRST WHAT YOU SAY BEFORE ARREST IS EVIDENCE NO MIRANDA IS REQUIRED DURING AN INVESTIGATIVE STOP SILENCE IS NOT OBSTRUCTION IT IS A CONSTITUTIONAL RIGHT YOU CAN COOPERATE FULLY WITHOUT EXPLAINING YOURSELF SECOND THE SEATED SOBRIETY BATTERY IS SCIENTIFICALLY VALIDATED 91% ACCURACY WHEN COMBINED THIRD REFUSING THE BREATH TEST DESTROYS EVIDENCE IN BOTH DIRECTIONS IF YOUR BAC WAS UNDER THE LIMIT YOU JUST ELIMINATED YOUR BEST DEFENSE THE ONLY PROTECTION THAT WORKS ON THE WATER AND IN COURT IS SOBRIETY 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