On September 20th, 2023, a Pinellas Park officer stopped a vehicle under an active cease tag order, and the driver provided a name, date of birth, and address that belonged to her mother. What began as a civil tag infraction became a first-degree misdemeanor the moment those false words left her mouth entirely separate from the original traffic issue. >> Hello. You wasn't running from me, right? Right? >> Yeah. Running from you? >> Yeah, you kind of pulled off the road right before you >> No, no, no, over at 19 on to turn. Okay. >> Okay. Are you the registered owner of this this truck here? All right. Well, the reason why I stopped you is because both of the ROs on this truck the registered owners >> Uh-huh. >> It shows that the licenses are suspended and that there's a cease tag order on the truck. >> A whole >> A cease tag order. Meaning the state wants their tag back. >> Okay. >> Do you have your driver's license on you? It's only if you're the registered owner though. >> No. I don't have my driver's license. So, no, I don't. >> Do you have a Florida driver's license >> assigned to you? And a mobile? >> No. A cease tag order. >> daughter that she I'm driving for her. >> No, I hear you. So, uh this will keep happening until they figure out what's going on with her tag. >> her that she needs to go to a license place and get it >> Yeah, I don't know. I can look real quick. That way you can let her know. >> Yes, please. >> Um I should connect with her. >> So, that'll happen while she's driving. >> Yeah, it Yeah. Cuz when we run tags and stuff, cuz some of us have like tag readers and whatnot, it will show up automatically. >> if you knew what I was doing. Uh live with my grand daughter on >> As long as you got a valid license, it'll be quick. >> What do we do? >> I said as long as you got a valid license, you'll be fine. Well, as long as it's not suspended, you'll be good. I got to check. >> I don't have one, though. >> I'm getting your social so I can run it. >> right off hand. >> What is >> I I I really don't. Seriously, I have my social security card and all. >> Hey, how are you? >> I'm okay. >> Good. You know your social security chance? >> I don't my I have I'm dyslexic with numbers and so I'm I don't really to call it. I never learned it. >> Yeah. >> I don't know. >> Okay. >> I don't know my social right off I have my card my I'm driving with my daughter with this is her vehicle. >> Okay. >> And so I just went and picked up my granddaughter. >> Okay. >> And so she was going along on a ride with me and I was >> What's your What's your date of birth? Okay. How old are you? >> 62 years old. >> You're 62 years old? Yes, I am. Okay. Okay. >> 62 years old. I just look good for my age. >> You sure do. >> Very good. >> Okay. >> I'm proud of that myself. >> All right. All right, hang tight 1 second, okay? And we're trying to figure this thing out here. So, the vehicle Who's the vehicle registered to? >> It's my daughter's vehicle as far as I know. >> Okay. >> She's buying it. >> Is that her? >> No, this is my granddaughter Julie. >> Oh, it's your granddaughter. What's your daughter's name? And how old is she? >> 40, I think. >> Okay. You don't know how old she is? When's your daughter's birthday? >> She's 69 She's 69. >> Say 1982. Okay. All right, hang tight 1 second. Let's see the picture again. So, who's the vehicle registered to? >> Uh I'm pretty sure it's her. That's her, right? Or does she look older? I only saw her for a couple of seconds. She was >> Looks a little older. Uh is there anything though Is there any tattoos or anything on her? Is there Is she a driver or something like that? Okay. The name that she gave you? >> She gave me this name date of birth. >> Okay. Is the vehicle registered to that person? >> No. >> Okay. Let me see something. So, the vehicle Okay. Let me uh let me take a real quick. Go back to the pictures. >> I'm trying to see. >> All right, now go to the other one. She said >> This is the name, date of birth. >> Okay. >> And address that she gave. >> All right. What year are you? What, 60, right? Okay. Are you giving us the correct name, ma'am? >> Yes, I am. >> Okay. It's It's just a traffic stop. >> I have nothing to I'm not I have nothing to hide, nothing to lie about. I'm driving my daughter's truck. >> Okay. >> Okay? With my granddaughter. >> Okay. >> And that's the I don't understand. It's like I feel like you're harassing me. >> I'm try Wait, wait, wait. >> be harassing my daughter? I didn't Let me see I don't know if she even knows the situation that she has going >> Harassing your daughter? >> Huh? >> Why would we arrest your daughter? >> Cuz if she's the one that has a suspended license. >> She doesn't have a suspended license. >> Oh. I thought you said it was about the tags. She said the tags. >> Yeah, the the tag. We we try to figure out the tags to stop the suspended license. >> I I don't know what her situation is. I just know I brought her truck. >> All right. >> Okay? >> Okay. This is This is the person you gave >> That's me. >> That's you? >> Yes, that's >> You don't have any moles or any freckles? There's no moles on your face here? >> That's makeup and the tags. >> Okay. Okay. All right, let me let me figure this thing out here. >> Okay. >> Okay? >> No problem. >> All right, because it you're >> I have no reason to lie to >> It It's It's It's a citation, right? For a just a tag. >> Right. Okay. So, I don't understand. >> Right? >> The tag. >> But I'm saying and then if you're lying to us about the name, that's No, I'm I'm just saying, right? I'm I'm I'm trying to help her out here to clarify this thing here, right? Because it was just a tag, we could deal with the tag. And now if you're lying about the name, and then that's an arrestable offense, right? Cuz you're lying to a law enforcement officer, right? It's not a big deal. Not a big deal. We're going to figure this thing out, okay? >> Please. >> Okay? >> Please. >> All right, hang tight. She has freckles on her face. Right? She doesn't have anything there, right? I'm trying to see you there. Is there anything the bridges for those? See if you can get um a fingerprint scanner. Let's work on that. Do you have any uh any any documentations with your name on it? >> No, I just took the truck for a ride around the block for this stuff. >> Okay, so nothing in your name? >> No. >> Nothing in your name? >> here, no. Not in her truck. >> Okay. All right. I'm going to give I'm going to grab a fingerprint scanner and we're going to confirm the name. >> This harassment. >> It's not It's an It's It's investigation, right? Right? Because we can't determine who you have no documentation to provide us, right? Okay. I I No, I'm saying you. I understand. I I can identify your daughter, right? You look like your daughter, which is not a Okay, I got you. Well, we're going to take care of that. We're going to take care of that real quick, all right? Because you It's going from a simple potentially a verbal warning Well, it doesn't It's not a big deal. It's not a big It's not a big deal. It's traffic. Who cares? You Who cares, right? It's not a big deal, right? Because now when you lie to us in terms of a name, now that becomes criminal. So, we have to investigate that. >> The stop was constitutionally valid under Delaware versus Prowse from 1979, which holds that reasonable articulable suspicion of a traffic violation is sufficient legal predicate for a vehicle stop. Once lawfully detained, Hiibel versus Sixth Judicial District Court of Nevada in 2004 established that a state may compel a detainee to disclose their true name during a lawful Terry stop without implicating Fifth Amendment protections. Florida codified that obligation in statute section 901.36 making it a first-degree misdemeanor to provide false identifying information to an officer during a lawful detention, punishable by up to 1 year in county jail. Florida law draws a critical distinction refusing to provide a name carries lesser legal consequence, while providing another person's identity completes an independent criminal offense the instant those words are spoken. The statute requires three elements being a lawful detention in progress, voluntary provision of false identifying information, and the subject's knowledge that the information is false. And all three were satisfied before officers suspected anything. The fingerprint scanner announcement was constitutionally permissible under Fraser versus Cup from 1969, which holds that law enforcement deception during an investigation does not render a resulting statement involuntary when no false promises or threats are made. Miranda protections attach at formal custodial arrest and not during investigative detention. So, under Berkemer versus McCarty from 1984, the driver's voluntary pre-arrest confession is fully admissible without a Miranda advisement. >> Well, what did I do last? >> Okay. >> My license is uh >> No, tell me tell me the truth and we'll I'll work with you. >> Excuse me, I don't even know my license is suspended. >> I said is it you? Be honest with me. Hey, I'm I'm trying to work with you here, ma'am. All right? Listen, you're you're it's a traffic stop. >> to go to work at 2:00. Right now, I didn't even know my license was >> Okay. All right, you did not know your license was suspended. Okay, so you're the this is your car, you are the person All right. All right, hang tight. I'll work with you. Stop. Okay. Okay. I got you. I got you. >> to make a new list >> I >> like $30. >> I got you. Okay. All right. >> Like I said, I had no I I I just bought this truck last year. >> All right, listen. I didn't even know what what is my license suspended for? I don't I don't know. I just Listen, relax. Relax. All right, thank Listen, let me figure it Let me Let me figure it out because now I'm trying to inves- investigate >> My license is suspended. My son he's the other She said the other owner of this vehicle and he's not the real owner. That's my boyfriend. >> Okay, all right, don't don't worry. Let me figure it out. Let me hang tight. >> his is I never knew mine was. >> Okay, let me figure it out. Hang tight, okay? You're You're It's okay. Listen. Listen, like I said, if you're going from nothing to something I got you. Hang tight. Hang tight. Hang tight. She told me that's that's her. You can cancel the the thing. All right? >> I said you can All right. So, she was like, "I didn't know my license was suspended. It's me. I'm sorry for lying." I said, "Listen, you you're making you're turning something that's traffic into criminal, right? So, just tell me the truth, I'll work with you, right? It's not a big deal. It's traffic, right? So, you take that whatever you want to do with it. But, you want to just nail it for the the the right? So, she said she doesn't know. >> She shouldn't have lied to me about her name. >> Okay. So, whatever. So, what do you want to do? >> She's going. >> She gave me the name, date of birth, and address of I'm assuming her mom. >> Her mom or her grandmother, yeah. >> she this car was her daughter's car. >> I'm going to go to meeting her. >> Yes. >> Yeah, so she was impersonating her mother. Yeah. Okay. >> With the photo? >> Yeah, I showed her I I showed her the photo and then I was like, "That's You don't have any" and she said it was makeup. You know what I mean? It was like the the freight going over the thing. >> I'm sorry for lying for something that I probably wouldn't have even cared about. >> Let me tell you something. I want to tell you something cuz listen, I'm a good I don't I'm not a bad person. I go to work I got to go work at 2:00 right now. >> Yeah. >> And I didn't know my license was suspended. I swear to God. Last thing I knew my license was valid. I never knew anything. >> I would have given you a ticket, told you to take it to court cuz it's probably in and that's it. That's it. And you had to give me >> Last time I didn't I didn't keep I didn't keep going with it cuz I knew that wasn't the right thing to do. I thought maybe maybe if I could I got to be working at 2:00. I've been here you know I'm trying to do the right thing. We work every day. I'm a supervisor. I'm a I'm a shift leader at Save-A-Lot. I was going for like I said I I didn't even know my license was suspended. So, I could see if I knew anything. >> Something I would have given you a civil citation >> you're going to arrest me, officer? >> Yes, because you provided me a fake name. You gave me your mom's You gave me No, no, no. You listen to me. You gave me your mom's name, her address, her birthday. That's not okay. You cannot lie to me. You cannot lie to me. For something I would have given you a civil citation for and probably threw it out in court. Because you lied to the police about You impersonated your mother. Yeah, really. You gave me her name, birthday, and address. That is not okay. >> Can I talk to you one second? We'll figure this thing out here. Who can we call for you? Let's call your grandma. Can you call grandma, please? We're not going anywhere. We're We're going to sit here with you. Okay, WE'LL WE'LL FIGURE THAT OUT. WE'RE WE'RE NOT GOING to tow it. Don't worry. We're not going to tow it. Okay. I got you. How old is she? >> 17. >> Okay, you don't drive, right? >> No. >> The female officer receives a B+. The stop was properly predicated and the arrest was legally sound, but the decisive investigative work including the photo comparison and the fingerprint tactic was led by her backup officer rather than by her. The male backup officer receives an A- for his identification of the photo age discrepancy, his deduction of impersonation, and his use of lawful psychological pressure to obtain a voluntary confession with one deduction for ambivalence after the confession was secured. The driver receives a D. She entered this stop facing a civil citation likely to resolve with minimal consequence. But by impersonating her mother, she completed an independent misdemeanor that cannot be undone by remorse as the escalation was entirely self-generated. Three takeaways: Providing false identification never reduces legal exposure and instead creates new independent criminal liability. And the Fifth Amendment protects silence, but offers no protection when a person chooses to speak falsely. Officers are not required to reveal the limits of their evidence. So, a subject who fabricates an identity assumes the full legal risk of that fabrication being exposed at any point in the investigation. Let us know if there is an interaction or legal topic you would like us to cover in the comments below and thank you for watching. >> Okay. All right, have a good day then.