Get [screaming] out OF THE CAR. GET OUT OF THE CAR. GET ON THE [ __ ] GROUND. ROLL OVER. >> On On January 2nd, 2024, a Broward County Deputy conducted two separate non-criminal infractions under Florida Statute Chapters 316 and 322. The stop's foundation satisfies Delaware versus Prouse, 1979. Both seizures were lawful. >> It's lawful. >> Bravo X-ray 52 November Sierra on a red Chevy SUV. I'll be right back with you. How you doing? >> I'm okay. >> You all right? Do you have your license with you? Can I see it, please? Well, you can't park here. It's a fire lane. >> Okay, can I go over there while I'm there? >> No, not yet. I need to see your license now. Yes, you can't be here. I just said that. >> Yeah, but I just came here. >> It doesn't matter. There's Your car was off and you were parked in the fire lane. What are you doing parking here? >> I stopped here because I was >> Yeah, you did pass me around there. Say again? Okay. Thank you. And this is you, Stacy Ann? Okay. Uh do you have the registration and insurance for the vehicle? >> Online, I don't think it out here. >> I can't I can't hear you. >> I'm going for work. I don't get a chance to print it. >> You don't need a chance to print it. You get it in the mail. You don't have to print it. It's the registration. Where do you work at? >> I work at Say again? Caregiver where? Okay, well don't shout at me like I was supposed to know that. Yeah, cuz you didn't answer my question yet. I don't know where you work. I don't even know who you are. So, if I ask you where and you say Fort Lauderdale like I'm supposed to know that. You know? Your license has Miramar, that's why I'm asking. You're nowhere near Miramar. You do what? Yes, it does. Absolutely, it does. Do you have an exemption? Absolutely not. Absolutely not. Find me the registration and the insurance now. Now, we're having problems. Where do you live? That's not helping me. Where do you live? No, you told me it's not. Step out of the car. Step out of the car. >> Once stopped, Pennsylvania versus Mims governs the order to exit the vehicle. That 1977 holding permits such orders categorically without further justification. The deputy's command was therefore facially valid. The subject's refusal was legally mistaken. >> Step out of the car. Step out of the car because now we're having problems, okay? >> Sir, you're not allowed to open my vehicle. >> I absolutely am. Get out of the car. >> Sir, >> If you don't get out, I'm going to put my hands on you. Step out of the car. >> called 911. Sir, I'm not healthy. I'm not healthy. >> my unit set up so that I can >> Don't touch me. >> Get out of the car. >> Sir, wait. DON'T TOUCH ME. >> [screaming] >> GET OUT OF THE CAR. [screaming] YOU'RE GOING TO GET TASED. >> SIR, YOU KNOW >> GET OUT OF THE CAR. GET OUT OF THE CAR. >> I'M NOT HEALTHY. LET ME CALL 911. SIR, >> GET ON THE GROUND. >> I'M NOT HEALTHY. SIR, >> GET ON THE [ __ ] GROUND. Roll over. Put your hands BEHIND YOUR BACK. >> [screaming] >> SIR, I'M NOT HEALTHY. SIR, I'M NOT HEALTHY. >> MA'AM, I'm going to help you. >> Just relax. >> Okay. Just relax. Just relax. Okay, we'll help you up now. Just relax. Just relax. Relax. >> Sir, >> Do you have a double cup? >> Do it for my family. >> Relax, please. >> You got to work with me, ma'am. Ma'am, relax, please. Come on. Come on. >> Thank you, sir. Sir, I'm a nurse. I can't breathe. Please, help me up. >> All right. Help me up. We're going to get you set up, okay? >> I got you. I got you. >> you up right now, okay? >> I got you. >> Sir, wait. >> All right. Get her up. Get her up. All right. >> Help me up. Sir, Oh my god. >> Why did that have to happen? >> Sir, you know what? I passed I'm just somewhere. I'm killing you. >> Yeah, well, now you're going to jail. So, how'd that work out? >> I passed my own vehicle. You know what? I drove it on my groceries. In the driver's side of the I need help. He's going to arrest >> What are you doing with Hey, so what? >> I need put me up. >> You probably have to. >> Oh, let me crawl out. point to date >> Let me get you up. >> All I'm trying to do >> Put one, two, three, go. This should be a lot. >> The instant one. The exit order is valid under Pennsylvania versus Mims 1977 categorical authority, no further justification required. The legal problem is not the order, it is what follows. Graham versus Connor 1989 applies three factors, severity of offense, immediate threat, and active resistance. All three weigh against force here, non-criminal infraction, unarmed seated subject, verbal refusal only. CL versus State 2009, verbal non-compliance does not satisfy Florida's obstruction statute. Polite versus State 2007, the knowledge element is unmet. Passive resistance without more does not authorize the force deployed. The post-arrest remark, "You're going to jail, so how'd that work out?" is on body cam. In any Section 1983 proceeding, that statement will not serve the agency. >> I was coming down this way. I seen I was going the speed limit and they pulled me over. I don't know why I'm getting pulled over. >> Ma'am, do you have your driver's license, registration, and insurance? >> I don't know why she's pulling me over and why I was not speeding. Ma'am. I Excuse me, ma'am, why am I getting pulled over? >> Because the license plate on your car comes back to a different vehicle. >> Because the license plate on my car comes back to a different This is a rental. I got it from my mom. >> Okay. I still need your license, registration, and insurance. >> The registration is not >> Okay, well, can you take a look, please? Do you have your driver's license with you? Is this your vehicle or whose car is it? >> I don't know. It's a friend of my mom's. I just took her to work. >> Okay, do you know what this friend's name is? >> I don't know. I'm sorry. >> Okay, so how am I supposed to confirm whose car this is so it's not stolen? If you don't know whose car it is, where you got it from. Do you have your driver's license with you? Do you have a driver's license or no? >> Yes, I have a driver's license on me. I have my driver's license on me. I'm saying only, do you want my name? Taqueria. >> So you do not have a driver's license on you. Is that what you're saying? Ma'am, whoever you're calling is not important right now. >> Yes, it is cuz you need stuff that I got >> I need your driver's license first. Do you I need some sort of ID, something. You said you don't have a driver's license on you, so >> It's in my book bag. Do you want to get Do you want it? >> I want your license or an ID. >> Oh, that's It's in the book bag. Would you like me to grab it? >> Yes, that is what I've been asking you to do. Do you have any driver's license, ID card, nothing like that, just this? >> My licenses were in there, but I didn't have I checked it >> All right, you can have this bag. I'm going to take your security license just cuz it has something I can go with. So you don't Do you know whose name? >> My mom. I don't The man I don't know who he is. It's a friend though. >> Because you don't know his name? >> No, because she got into a car accident a couple weeks ago. He let her borrow the car. >> Okay. Do you know Where did you pick this up at? Did you pick this up from your mom's house? >> Well, you have my mom's suitcase. She brought it home. >> Okay. So your mom's using the car that she got from her friend and since it was at your mom's house, you're using it to go to work. >> Yes. >> Okay. >> let me use it to go to work today. >> Okay. Can you give your mom a call and then see if she knows You Your phone isn't good. >> It doesn't have no no service, ma'am. >> Okay. So who were you just on the phone with then? >> That was my mom. It was on this phone, ma'am. >> Okay, so can you call her, then? >> It's dead. >> You don't have a charger? >> No. >> Okay. So, how did you just talk to her, then? >> The phone went dead. >> It went dead just now? >> Yes, while I was on the phone with her. It went dead. >> Okay. >> Ma'am, could you step out, please? >> Till I figure out what's going on here with this phone. >> Why must I step out? >> Ma'am, could you step out of the car, please? >> Am I being arrested? >> No. You're being detained, as everyone is during a traffic stop. Until I can't figure out what's going on, you're going to step out of the car until I figure out what's going on. >> I'm confused. Why must I step out of the car? >> Because I'm telling you to. Step out of the car now, or I'll make you step out of the car. I'm not going to ask again. This is your last chance to do it on your own. >> I'm confused. This is over here in the state. I'm stepping out of the car and leaving. So, you're going to put handcuffs on me? >> No, I'm not, unless you refuse to step out. >> This is my phone. I'm going to ask you to But you get me aggravated. >> Ma'am, you can step over here. Over here. Ma'am, over here. >> That way. >> This way. >> have to be disrespectful. Listen. >> I'm calling you, ma'am. Ma'am, over here. Over here, please. Can you come over here, please? >> hear you. >> Then why aren't you doing it? I'm asking you nicely. I'm saying >> I don't want you to touch me. I don't cuz I didn't do anything wrong. >> Okay. Ma'am, put your hands behind your back. >> For what? >> Put your hands behind your back now. Put your hands behind your back now. >> I don't need to open it. She got me. Oh, what the cops do? Ma'am, stop. >> Incident two. A plate mismatch and an unidentified vehicle owner provide concurrent independent grounds for detention. Rodriguez versus United States 2015 is not violated. The deputy's distinction between detention and arrest reflects accurate Fourth Amendment application. The legal turning point, the subject physically withdraws during the restraint attempt. Under Florida statute 84302 and Polite versus State, that act satisfies the knowledge element and activates the third Graham factor, active resistance. The force calculus shifts. >> [screaming] [screaming] >> Stop moving now. >> Let go. What's in your pocket? >> MY PHONE. >> LET GO. >> [screaming] >> STOP. I HAVE your phone. I'm going TO STAND UP. ARE YOU GOING TO STAND UP? STOP SCREAMING. >> [screaming] >> WHAT IS WRONG? WHAT IS WRONG? >> [screaming] [screaming] >> MA'AM, STOP. >> [screaming] >> NO, YOUR FINGER IS ON SIT DOWN. >> [crying] >> LET'S STAND UP. OH, MY WRIST, BRO. >> Sit down. >> OH, MY GOD. [screaming] >> PUT YOUR FEET IN THE CAR. >> OH, MY WRISTS HURT. I CAN'T FEEL MY WRISTS. I CAN'T feel my wrists. I'm I'm trying to be cooperative. I CAN'T FEEL MY WRISTS. >> LISTEN, I can't help you if you don't stop. >> Oh, you won't let me try TO HELP ME. STOP. >> STOP. I AM A DIFFERENT PERSON. >> I need help. >> Oh, my god. >> Relax. I'm a different person. >> Help my wrists. >> Stop for 1 second and listen. I can't help you if you don't stop screaming. >> Oh, my god. >> Can you stop screaming for 2 seconds so I can help you? Okay. I can't see your wrists. Relax so I can see your wrists, please. >> My wrists. >> Relax. I can help you. You just have to relax. Which wrist is the best bothering you? >> My left one, please. >> Okay. Relax. Please relax. >> Oh, my god. >> Relax for 1 second. I got to get this thing off. Somebody hold this leg. Okay, I got you. Relax. All right. Much looser now. You got anything in your pockets? >> She stole everything from me. >> Do you have anything else in your pockets? >> No, sir. >> All right. >> They they already know. She put me to the ground. He patted me down. >> It's on the camera. Just relax, okay? Fire rescue is coming to check on you. >> However, the subject's repeated medical distress statements during ground restraint trigger a separate Graham analysis. Post-2020 standards require positional reassessment. Estelle versus Gamble, 1976, deliberate indifference to serious medical need is a constitutional violation. Atwater versus Lago Vista, 2001, permits custodial arrest for fine only offenses. It does not immunize the manner of that arrest. Each force decision within the arrest requires independent reasonableness under Graham. Same agency, same date, two divergent force profiles. Monell versus Department of Social Services, 1978, municipal liability requires a policy, custom, or training deficiency. A same shift pattern moves Monell into active consideration. Grades. Deputy 1, C minus, exit order valid, force disproportionate against a passive subject. Subject 1, B minus, refusal was legally mistaken under Mims, resistance remained passive throughout. Deputy 2, C plus, stop and procedure correct. Medical distress response timing warrants review. Subject 2, D plus, physical withdrawal converted the encounter and undermined any subsequent force claim. Broward County Sheriff's Office, C, training gaps on passive versus active threshold are evident. Lessons. A Mims order does not license disproportionate force. Each escalation requires independent Graham justification. Passive compliance preserves every legal remedy. Physical resistance forfeits the strongest ones. Medical distress statements are legally significant data. Ignoring them risks the criminal case and Section 1983 civil exposure. 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.