you might as well come back up here I know you was driving this car I wasn't driving nothing and you can't prove it isn't that the car you're in you listen number one I know my rights so listen so he's laid claims to not being in this vehicle is what he told me I said were you driving this vehicle he said you can't prove I was in that vehicle I know my rights I said okay fair game so that is that he is not a resident he is not part of this vehicle he claimed that something is going on there's a reason he distance himself from this vehicle and say that he was not in this vehicle so they're checking the cameras which is gonna put him in this vehicle and if he comes back in this parking lot again he's going to jail final warning THIS ENCOUNTER TOOK PLACE ON JUNE 19TH, 2024 OUTSIDE A CONVENIENCE STORE IN LAKE CITY FLORIDA TWO CREDIT CARDS AND A FAKE ID WOULD LATER TURN UP HIDDEN BENEATH A LOG IN THE WOODS NEARBY good evening who are you with I'm alone yes ma'am by myself no you're not somebody's driving this vehicle you didn't drive over here by yourself you're in the passenger seat still sitting in the passenger seat is that marijuana coming out of the vehicle it is step out of the vehicle for me ma'am you got a medical marijuana card what marijuana you see me smoking do you see it do you smell that marijuana coming out of the vehicle I can smell it do you have a medical marijuana card you can smell it coming out of the vehicle do you have a medical marijuana card you see weed ma'am listen I'm not arguing with you do you have a medical marijuana card but I'm not arguing with you neither do you have a medical marijuana card in the state of Florida I do indeed smell weed I don't have to see it I can smell it this nice officer here can also smell it Deputy First can you smell the marijuana coming out of this vehicle really yes that is 3 2 1 so do you have a medical marijuana card that is valid in the state of Florida you don't OK then step out of the vehicle for me ma'am I'm not gonna ask you twice OK OK can you give me a second step no ma'am I've asked you politely two times can you please step out of the vehicle somebody that I asked to step out of the vehicle can I help you you have your driver's license with me my driver's license ID any type of identification yes I'm in trouble in any type of way so here's the thing you don't have a medical marijuana card I can smell the marijuana emitting from the vehicle I can smell the weed coming from the car 100% I'm standing right here and can smell it oh really you are seated in the vehicle okay do you have your ID with you I do can I see it actually I'm not even asking anymore I'm gonna tell you I need to see your ID I have probable cause to ask for your identification so now you're gonna provide it to me or you're gonna go in handcuffs and I'm gonna place you under arrest for failure to I've asked you three times and you have not provided me your ID I'm not gonna keep arguing with you here's I'm not arguing with you no why are you 100% why are you grabbing me cause I asked you twice no y'all are not you're about to go to jail for resisting I promise stop stop resist me calm down stop just relax because I asked you three times for your ID to relax and I'm not gonna keep doing this with you I'm about to go to jail for resisting I'm not gonna keep doing this with you I'm about to go to jail for resisting hundred percent you smell marijuana on me the marijuana you don't see nowhere in the car I don't have to see it I smell it coming from the vehicle you do not have a valid marijuana card in the state of Florida really okay let the phone go no I'm not letting my phone either you let it go it's gonna get broken it's going to break s*ck my d*ck get the f*ck off of me get the f*ck off of me get off of me get off of me relax get off of me relax relax relax she's fine relax no I do not none of this is that deep you gotta calm down it it is that deep what are you talking about you're talking about marijuana your compliance doesn't require this much my compliance doesn't come he asked me to see my ID I told him I was gonna go I know you didn't I said do you have your ID you said yes I said can I see it and you then you got smart I asked you again I got smart you got smart again so you feel so your feelings are hurt because I got smart my feelings are not hurt really alright I got a better idea because I feel you're going to jail anyway I'm going to jail you are where's my phone at no you're going to jail stop resisting get off of me you're stop resisting I want a woman to handle me get the f*ck I want a woman to handle me get the f*ck off me put her in my car I want a woman to handle me you know you just you do know you just I want a woman to I want a woman hang on let me explain this to you I want a woman let me explain this to you stop talking I want a woman to handle me I want a woman to handle me let go of me put her in the car let go of me you should have seen how that one that that guy that ran off he was in there like at the really crazy wait so he said he was trying to get a pack of cartons of cigarettes he was trying to get his credit card skin yeah he had a yeah so she wanted to play funny games with me I asked for her ID card she's like I don't have it I said you don't have your ID she's like I don't have a driver's license I have an idea so let me see it right then as I'm walking to the car she hit me with her elbow so therefore she's gonna be charged with all of it right and I'm about to search the car cause there's marijuana in it so I'm not gonna keep arguing with it he's he's walking down the road and he comes back no his brother he is coming back hey bud you might as well come back up here I know you was driving this car I wasn't driving nothing and you can't prove it isn't that the car you're in you listen number one I know my rights so listen OK well i'mma tell this vehicle cause she's going to jail so so that is that your vehicle is that your vehicle there's nothing in my policy that says I have to call my police hey Lee don't let anybody get in this car Lee go grab him don't let him go over there nobody gets in this car I'm done with it y'all wanna play games I trust me wrong one today hey do y'all have cameras out this door that faces this car right here this white one this white car you have just can you yep there is a camera can you pull that camera back to when this car pulled up hey don't let him in the car you're not in going to the car I told you that when you walked up you're not accessing this vehicle you said you weren't in it you're not in it in the store hey find out if he come in this vehicle if so we need his ID if not then he needs to leave all I'm saying is i'mma leave right now I know my right bro know him somewhere else I just need whenever that white this white truck right here pulled up I just need to see who got out of the driver's seat they have cameras that I'm about to pull it up and then I'm gonna come find you I promise but he parked right in front of the camera so i'mma see him get out of it and then i'mma get his ID cause I know what happened they're scamming the stores what they were trying to do with his credit card that's why this is such a big deal I know she's like there's no marijuana in here there's also marijuana shake all over the thing right there I guess she thought that she was gonna play some type of game that's not gonna happen here's all the rolling paper here's a rolling tray but there's no marijuana in the vehicle that makes a whole lot of sense to me it's all right here here is more marijuana hold up Lee somebody they're buying all this from a dispensary hey Lee see if you can find an ID in it cause all this weed's coming from a dispensary so either he's got a card and he's playing the I wasn't in the vehicle card so it doesn't matter she says she doesn't have one but she's also not providing any identification so hold off on it let's find her ID first either you're gonna go or you're gonna stay but you need to make up your mind he's trespassing yeah you've been trespassing me so if you come back on the road you're going to jail thank you there's a reason he left but everything in this vehicle is packaged in like brand new stuff like they have acquired all of this stuff somehow THAT SINGLE DETAIL CONNECTS EVERY LEGAL QUESTION THIS STOP ACTUALLY RAISES THE FIRST QUESTION IS WHETHER THE SMELL OF MARIJUANA ALONE CAN JUSTIFY SEARCHING A CAR UNDER FLORIDA LAW THE ODOR OF MARIJUANA DETECTED BY A TRAINED OFFICER CAN ESTABLISH PROBABLE CAUSE ON ITS OWN THIS IS OFTEN CALLED THE PLAIN SMELL DOCTRINE AND IT DOES NOT REQUIRE THE OFFICER TO SEE THE DRUG FIRST THE SECOND OFFICER INDEPENDENTLY CONFIRMING THE SAME ODOR STRENGTHENS THAT PROBABLE CAUSE EVEN FURTHER FLORIDA STATUTE 8 93.13 CRIMINALIZES POSSESSION OF CANNABIS WITHOUT A QUALIFYING EXCEPTION THAT EXCEPTION EXISTS UNDER FLORIDA STATUTE 3 81.9 86 THE MEDICAL MARIJUANA USE LAW WITHOUT A VALID CARD EVEN A SMALL PERSONAL AMOUNT REMAINS A CRIMINAL OFFENSE IN THIS STATE THE NEXT LEGAL QUESTION INVOLVES ORDERING A PASSENGER OUT OF A VEHICLE DURING A LAWFUL STOP THE SUPREME COURT SETTLED THIS IN PENNSYLVANIA v. MIMMS FOR DRIVERS AND LATER IN MARYLAND v. WILSON FOR PASSENGERS ONCE A STOP IS LAWFUL NO SEPARATE JUSTIFICATION IS NEEDED TO ORDER ANY OCCUPANT OUTSIDE THE CAR DELAY IN COMPLYING IS NOT ITSELF A CRIME BUT RESISTING ONCE PHYSICAL CONTACT BEGINS IS A DIFFERENT MATTER ENTIRELY FLORIDA STATUTE 8 43.02 DEFINES RESISTING AN OFFICER WITHOUT VIOLENCE PULLING AWAY AND STRIKING AN OFFICER DURING HANDCUFFING SATISFIES THAT STATUTE EVEN WITHOUT INTENT TO INJURE IT IS TREATED SEPARATELY FROM RESISTING WITH VIOLENCE WHICH REQUIRES AN INTENTIONAL ACT OF FORCE AGAINST THE OFFICER THIS DISTINCTION MATTERS BECAUSE THE LEGALITY OF THE STOP ITSELF DOES NOT HAVE TO BE SETTLED ON THE ROADSIDE FLORIDA GIVES CITIZENS THE RIGHT TO CHALLENGE AN UNLAWFUL STOP IN COURT NOT THROUGH PHYSICAL RESISTANCE IN THE MOMENT see he's he's so mad that we're searching his vehicle there's something going on that he doesn't want to tell us did you find his license no I found hers but what I'm I'm trying to verify that she does not have a medical card cause everything is coming from dispensary yeah so he's laid claims to not being in this vehicle is what he told me I said were you driving this vehicle he said you can't prove I was in that vehicle I know my rights I said okay fair game so that is that he is not a resident he is not part of this vehicle he claimed that something is going on there's a reason he distanced himself from this vehicle when we first came here he disappeared now he wants to hang out by the road and say that he was not in this vehicle so they're checking the cameras which is gonna put him in this vehicle and if he comes back in this parking lot again he's going to jail final warning she decided that she was not going to go in handcuffs then walking across the thing she decided to hit me with her elbow so she's going to be charged with that as well I know my rights bro you got me tired of the f*cking court bro make sure you stay on the roadway cause you come in this parking lot you're going to jail I know y'all being *ssh*les nobody can f*cking move alright there is not a medical marijuana card in this wallet or in this purse I'm gonna give him the opportunity one last time to claim this vehicle hey last opportunity were you inside this vehicle yes or no it's a yes no question bud were you occupying this vehicle I understand what you're saying were you occupying this vehicle that's my only question I'm not debating with you I'm asking a yes or no question you can remain silent bro you're not telling me nothing you're not under arrest so I mean I have the right to remain silent then you have the right to walk down the road but that vehicle's about to be towed so I'm giving you the opportunity cause I'm taking everything in it so either a were you in the vehicle it's people pulling up were you in the vehicle yes or no it's people coming to get these stuff no they're not coming to get it I promise were you in the vehicle yes or no sounds good start walking alright let's start you I'll be back to help you in a second did you read her no I've just been talking to her OK explaining what's going on i'mma read you something you have the right to remain silent anything you say can and will be against you in the court of law do you understand each of these rights that I've explained to you OK with those rights in mind do you want to speak with me it's a yes or no question with those rights in mind would you like to speak with me would I like to speak yes ma'am yes or no OK who is this guy that is raising all types of problems about this vehicle who is he to you if you don't want to answer any questions all you gotta do is say no we can be done with it okay I'm gonna take that as a no she's 10-15 I'm not playing don shut the door and come here for a second THE THIRD LEGAL QUESTION IS WHETHER SOMEONE CAN BE FORCED TO ADMIT BEING INSIDE A VEHICLE FLORIDA HAS NO GENERAL STATUTE CRIMINALIZING A SIMPLE REFUSAL TO IDENTIFY ONESELF DURING A CONSENSUAL ENCOUNTER ONCE REASONABLE SUSPICION EXISTS FLORIDA'S STOP AND FRISK LAW STATUE 901.151 ALLOWS OFFICERS TO DEMAND IDENTIFICATION THE PERSON WHO IS NOT UNDER ARREST CAN STILL DECLINE TO ANSWER FURTHER QUESTIONS AND SIMPLY WALK AWAY THAT RIGHT DOES NOT EXTEND TO LYING ABOUT FACTS THAT CAN LATER BE INDEPENDENTLY VERIFIED DENYING BEING INSIDE A VEHICLE ONLY TO BE CONTRADICTED BY STORE SECURITY FOOTAGE CARRIES REAL LEGAL WEIGHT COMBINED WITH CONCEALING EVIDENCE THAT DENIAL SUPPORTS PROBABLE CAUSE FOR A FAR MORE SERIOUS CHARGE FLORIDA STATUTE 817.568 COVERS FRAUDULENT USE OF PERSONAL IDENTIFICATION INFORMATION THE STATUTE DOES NOT REQUIRE A COMPLETED PURCHASE ONLY AN ATTEMPT TO USE SOMEONE ELSE'S IDENTIFYING INFORMATION FOR GAIN HIDING EVIDENCE UNDER A LOG DOES NOT ERASE IT IT SIMPLY ADDS A TIMELINE THAT INVESTIGATORS CAN RECONSTRUCT GRADING THE DEPUTIES THE OFFICER WHO SEARCHED THE VEHICLE EARNS A B MINUS FOR A LEGALLY SOUND STOP WITH SOME MIXED MESSAGING THE INVESTIGATING DEPUTY EARNS AN A MINUS FOR BUILDING PROBABLE CAUSE THROUGH EVIDENCE BEFORE MAKING ANY ARREST GRADING THE CITIZENS THE FEMALE PASSENGER EARNS A D PLUS SINCE HER RESISTANCE CREATED AN AVOIDABLE SECOND CHARGE THE MALE SUBJECT EARNS A D SINCE HIS FALSE DENIAL WAS DISPROVEN BY FOOTAGE HE HAD NO WAY TO CONTROL THE LESSON HERE IS SIMPLE DISPUTING A STOP IS A LEGAL ARGUMENT NOT A PHYSICAL ONE AND IT BELONGS IN COURT A DENIAL THAT CAN BE CHECKED AGAINST VIDEO EVIDENCE IS RARELY A DENIAL WORTH MAKING 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 SUBSCRIBE TO OUR CHANNEL FOR MORE CONTENT ON POLICE COURT INTERACTIONS