Can I go home? Can I get out of my car? You're not my boss. You're not my daddy. You're not my dad. I DON'T GIVE A [ __ ] I DON'T WANT TO GO TO THE GROUND. WHAT ARE YOU DOING? >> ON March 8th, 2023, a routine plate check in Orange County, Florida, triggered a suspended license stop that escalated into three independent felony charges. >> Stop. >> How you doing? License and registration, please. >> 245 Palm Avenue, copy of your registration. >> As soon as I get your license, I'll be glad to tell you. >> 249 Palm Avenue, copy of your >> Thank you, ma'am. Jasmine, the reason why I'm stopping you is cuz I ran the plate. Your license actually comes back suspended and you have a seized tag order in reference to your car insurance. Okay. Well, I mean, you do. >> No, I went to the courthouse yesterday. >> Uh-huh. Right, you made the payment, but you didn't take care of everything else. >> How do you know? >> Because it says in my record. >> I just did that. You made me wait for an hour. She said that she couldn't drive. >> Okay, well, you I'm telling you you can't drive. Your license is suspended. >> It's not. If I went to the courthouse and they >> Okay. Jasmine, when's the last time you had a ticket? >> I haven't been pulled over. You're the first one that's pulled me over in my >> So, you've never had a ticket before? >> No, only red light cameras. >> Red light cameras? Okay. Has your license ever been suspended before? >> No. >> No? Okay. And the address here, is this correct? >> Yeah. >> Well, which one? The one on your license here or the Conway Road? >> The one on my license. >> The one on your license, okay. Cuz they don't forward DL information, that's why. How long has it been since you lived in Conway? >> Only a couple months. >> A couple months? Okay, so you just moved back here? >> Yes. >> Okay. And what do you have there? You were trying to show me something else. What's this? >> This is the paper I did at the court. >> Yeah, this shows live in Kissimmee. The February day you filled out yesterday. I'm sorry? Well, because you have to have the correct address on your license. That's a civil infraction. The Kissimmee one? >> The one on my ID. >> Okay, well. Why would you write incorrect information? >> write incorrect information. >> Okay. >> The stop was constitutionally grounded. A database hit for a suspended license constitutes Fourth Amendment probable cause. Jasmine's courthouse payment the prior day carries no legal weight. Florida statute section 322.34 prohibits operating on a suspended license regardless of the driver's belief otherwise. The impound was mandatory, not discretionary. Florida statute section 320.0607 requires tag seizure when a cease tag order is active. The officer had no authority to waive it. >> I'll be right back. >> Have a seat in your car. Have a seat in your car. When I'm done. Ma'am, I don't care. You have a suspended seat in the car. Okay. Listen to me. You don't have the right to get out. >> the right to do whatever I want. I think you can get out of my car. I can get out of my car. You cannot tell me I cannot get out of my car. >> Yes, I can. >> How can you not? You're not my boss. You're not my daddy. >> There's a Supreme Court ruling that says you need to get back in your car. Now, get back in your car. >> Let me see the paper. >> Google it. Get back in your car. >> Googling nothing. >> Okay. Ma'am, you're losing your car today. I'm impounding the car. I'm taking your license and I'm taking your tag. >> How are you impounding my car? >> to call somebody to come get you, that's the best thing. >> I can't. I'm here by myself and I have to get home. >> Your license is suspended four times. You have an FR suspension. And you have not cleared everything. Everything is not cleared up. >> What do you mean? The lady didn't tell me that. I asked her if there were any other problems. She didn't say nothing. >> Well, I'm telling you what there is. I will give you all the court tickets. I will give you all the information. Your car is getting impounded. >> What do you mean by that? >> It's going to go to the wrecker yard. It's going to go to police impound until you get a valid license, till you physically go down to the DMV office and reinstate your license. >> Why can't I go back to my house? >> Because you're not allowed to drive. I cannot let you get in a car and drive again. >> to the courthouse and they said there's no problem. >> I I'm just telling you what's going on. Well, you can take it up with the clerk. >> I was just there yesterday. >> Okay. Hey Ron, come on over. Ma'am, I I can't help it if she doesn't do her job. >> She can't. >> I can't help that. >> You do not understand what I'm telling you. >> Ma'am. Go stand by your car. >> I thought you were going to help me out. >> Go stand by your car. Go stand by your car. Ma'am. You're this close to going TO JAIL. OKAY. YOU'RE THIS CLOSE TO GOING TO JAIL. >> When Jasmine exited and refused to return, she violated Pennsylvania versus Mimms, 1977. An officer may order a driver out and back in during any lawful stop. Compliance is not optional. Her departure while the stop remained active triggered felony fleeing and eluding under Florida statute section 316.1935. Duration of flight is not an element. Brief does not mean legal. >> Go have a seat by your car. Get out OF THE CAR NOW. >> WHAT IS YOUR >> GET OUT OF THE CAR. Turn off the car and sit in the back. Get out of the car. >> What is your problem? What is your problem? >> Relax. Relax. >> You're hurting me. YOU'RE HURTING ME. >> RELAX. >> YOU'RE HURTING >> RELAX. >> YOU'RE HURTING ME. GET OFF OF ME. >> YOU'RE HURTING ME. GET OFF OF ME. >> GET OFF OF ME. I CAN'T GET OFF OF YOU. YOU [ __ ] GET OFF OF ME. DON'T YOU DO THAT. GROUND. >> GO TO THE GROUND. >> NO, I DON'T WANT TO GO TO THE GROUND. HELP ME. I'M GOING TO GO GET MY [ __ ] KIDS. NO, YOU ARE NOT PUTTING THESE ON ME. WHAT ARE YOU DOING? >> [screaming] >> ROLL OVER. STOP RESISTING. >> STOP RESISTING. >> I CAN'T BREATHE. I CAN'T >> [screaming] >> I CAN'T BREATHE. I CAN'T BREATHE MY LEG. I AM NOT RESISTING ANYTHING. I AM NOT RESISTING ANYTHING. I AM ONLY HELP ME, PLEASE. HELP ME. >> I'M NOT RESISTING. >> HELP ME, PLEASE. [crying] I AM ONLY [screaming] 130 lbs. >> Stand up. >> Help my arm. >> Stand up. >> Please listen to my head. >> Stand up. >> You [ __ ] [ __ ] What the [ __ ] is this? Oh my god, I am going to go get my kids. What is WRONG WITH YOU? LOOK AT MY HAND. I DIDN'T DO NOTHING to you. What the [ __ ] >> Get in. You can't take off on a traffic stop. >> Take off on a what? >> Get in. It's all on video. >> I was at the Wolf Gang. >> Get in. >> You're such a dick. I don't >> County 249 249 Show the black female 10-15. And then resume normal. >> 249 249, what's happening? Traffic stop. >> You guys okay? >> Yeah. >> All right. >> Thank you. >> Yes, sir. >> Keep traffic for units. >> You got it, Cap. >> No, you [snorts] can void units. Can We appreciate it. Thank you. >> Have all units find a ticket. >> Huh? >> 2411 [snorts] >> I got I got one. >> You want some of those white gloves? >> Yeah. >> Thanks. I got her 2411 at the actual Apple store. >> Can you take these handcuffs >> Nope, you're going to jail, ma'am. >> I did nothing wrong. >> Well, unfortunately when you fled from the store, you did something wrong. When you didn't listen, you did something wrong. >> I was >> So, now you now and then when you when you punched me, when you punched me on the ground, yep, you swung and hit me. Now, it's battery Leo. It's all on video. Okay, it's all on video. Ma'am. Ma'am, it's all on video. You all right? Are you Yep. Huh. You want to All units start. >> Can I please call my mom? >> Nope. You can call you can call your mom after you get booked into the jail. >> 24 alpha And where? >> Why would I arrest you? >> I uh >> Uh because you ran from the traffic stop. >> run from the traffic stop. I was at the red light. The light turned green. You pulled me over at the Wells Fargo. >> Ma'am. Ma'am. Did you not just drive off? Did you not just drive off? >> No, yeah. >> Okay. Because with the traffic stop wasn't done and I told you that. >> Yeah, but I need to go to the courthouse. >> It doesn't matter. You don't have the right to leave. You don't I'm leaving. You don't have the right to leave. I Well, I don't I don't need to understand. Well, I don't know. That's between you and them. Well, unfortunately, you'll go to jail today. Unfortunately, you go to jail today. You'll get booked in. When I'm ready, it's my time. I will get done and we will head that way. Yeah. Yeah. Yeah, we're good. We're good. >> No, we're not. >> Just what Just what I had a traffic stop and she didn't believe her stuff was suspended. >> [laughter] >> Then she decided to jump on my car was getting getting ready to get impounded. She jumped in the car and took off. Well, so Ron was able to get here. I was able to get there and then of course, you know, she wanted to fight and not go to jail. So, it was a good day, I guess. >> Yeah. Where are you? >> Nobody got hurt. No one >> I'm hurt. >> So. >> I'm [ __ ] hurt. I'M BLEEDING AND MY HAND IS HURT. >> How are you? >> Well, I'm good, man. >> You been No, you can't leave. We're going to the jail. >> Then let's go. What are you waiting for? >> We got to wait on a tow truck and >> The use of force is analyzed under Graham versus Connor, 1989. At the moment of extraction, the officer faced a subject who had committed felony fleeing and was actively resisting. The ground take down falls within hard empty hand control. The continuum was not exceeded. The battery allegation is the critical unresolved question. Florida statute section 843.1 requires proof of an overt act of violence, not assertion. If video does not show a strike, this charge faces an evidentiary challenge and undermines officer credibility. >> I still got to stop stop to do. >> I'm in my lane. How much do you weigh compared to how much do I weigh? Does it make any sense? And then you say go punch. For what to make you feel better? I did not throw no punch. How can I throw a punch? Why do we have to go to the courthouse to find out why this lady's lying? But she knew I was getting a freaking ticket. Does it make any freaking sense? I did my part to go to the courthouse to find out what the [ __ ] going on with my life. And she lied to me. So my car is getting towed. I cannot afford to get that out. I have to take care of my kids. And this is wasting my time and my kids' time for your own reasons. And then you said to tell somebody, "Oh, are you okay?" What the [ __ ] happened to you? >> What happened to you? >> You got to go home, open up a cold beer, right? Who's going to feed my [ __ ] kids? Who's going to put my [ __ ] kids to bed? They're going to wonder where their mother is. BUT SHE WENT TO PAY HER money through the courthouse. When they want to go to Disney, they can't have [ __ ] take them because I have to work >> Stop. >> TO PAY THESE TICKETS FROM THIS RED LIGHT CAMERA. CUZ I'M TRYING TO GO TO WORK. And then YOU'RE GOING TO THROW ME ON THE [ __ ] GROUND AND THEN say throw [ __ ] punch. The [ __ ] Then what? The [ __ ] [ __ ] HOW DO I EVEN GET OUT? Like what the [ __ ] is this [ __ ] Does it make any sense? You see two car seats in the back. What the [ __ ] does that mean? I didn't do nothing. No [ __ ] nothing. You see two car seats. SHE DROVE LIKE >> YEAH, THE FINAL WATERING OF THE CAR WAS MINE. I was just there and paid a lot of money that I don't have. >> At Water versus City of Lago Vista 2001 confirms custodial arrest is constitutionally permissible even for minor traffic violations. Here the stop, impound, and arrest each had independent legal support. Grades. The officer receives a B. Lawful stop, mandatory impound, proportionate force, sound backup call. Grade reduced, the unsubstantiated battery allegation is a prosecutorial liability the case should not carry. Jasmine receives a C+. Initial compliance was appropriate, however, exiting the vehicle, fleeing the stop, and resisting arrest each carried independent felony exposure, and each was avoidable. Lessons learned. A courthouse payment does not reinstate a license. Obtain written confirmation before driving. During a stop, you have the right to remain silent, not the right to depart. Mimms is controlling law. Battery allegations require video corroboration. Assertion alone is not a charge. 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