I don't need to tell you that you backed into a vehicle I think anybody would know that that I'm not gonna argue with you about it give me your license your insurance and your registration I do not need to give it to my amendment this one though you can't get him out get out of the vehicle and do it now damn it okay you know that get on the ground why don't don't touch my phone a driver in Florida invokes three constitutional amendments during a crash investigation he has five years in law enforcement he refuses to show his license for 13 minutes it's for my safety I can't what's your name and badge number Officer Carmen s H 5 5 1 am I in suspicion of a crime yes you are sir what what is that crime so uh we we have I witness reporting that you backed into a vehicle and that's a crime it is a crime that is a crime that's a crime yeah so now we're we're just here uh investigating what what is that crime what ordinance I don't need to tell you that you backed into a vehicle I think anybody would know that that is it's gonna it's gonna be a civil issue where did I do that at uh I he he's we have an eyewitness he's coming up here to tell us okay do you see damage do what do you see damage sir that's what the investigation is for okay you understand that listen we can keep playing this game so this would be considered an accident correct it wasn't an accident I don't know what you're talking about so I don't understand you guys were over there with people okay now you're up here yeah well that that you know we can't we can't be everywhere at once so we had to go from over there to over here petty you got better things to do it's not petty man you you back if you backed into somebody's car and they're unaware and then you leave that's what's called a hit and run which is a felony well it's a felony a hit and run sure it is it's not a hit and run I'm getting ready to park I just came here and I pull in here all the time and this is my spot alright listen so we what is your name and badge number I already told you you can watch the video one more time you can watch that video that you pulled up to get my name and badge number I'm only gonna tell you once alright if you don't wanna listen that's not my fault you understand you can watch it on my channel yeah OK what channel do you have are you an auditor I choose not to answer any questions at this time perfect I don't have to answer any questions either you understand that and I remain silent at this time okay I remain silent at this time I don't you already said that yet you're still talking so are you gonna keep talking or you're gonna remain silent any searches I were we're not searching you any escalation of a situation that I know what you're talking about well it doesn't have to escalate but you understand the way that you're acting right now by can by refusing to roll down your window refusing to identify yourself refuse my window this is this is legal sir I have amendments do you know the First Amendment Second Amendment tell me what the second third no listen see you're not quizzing us we're here questioning you you understand that NFL what he's going through with the lawsuit who Warren Sapp he played for the Tampa Bay Buccaneers okay don't reach for anything no stop reaching keep your hands visible I'm not I'm looking for my water my throat's dry so that's it so Warren sap you know got arrested hall of Fame NFL over at Cambridge yeah listen I don't need a history lesson I don't care about Warren sap alright am I being detained we're we're you're under investigation right now we're trying to make sure you didn't back into somebody and we're gonna leave so I would like to know this person that's coming down and if they want to show me I'm I'm an open minded fair person what car I hit and what damage I did then I'd like to where is that from Wayne Sir I need I have things to do so how long am I being detained cause I know there's just until our supervisor gets here and he can tell you you're good to go so this is being recorded and I don't know how long I'm being detained but there is a time limit so this will be recognized to the judge as well if they called in and complain I'm conducting an active investigation right now so and then show me the damage well we're still trying to figure everything out so okay I'm standing by and I'm waiting alright our supervisor's almost here just let you know they train you rookies wrong man become tyrants you know what a tyrant is it's wrong you know when I went in I went in to make a difference but it was drinking and driving not homing okay what what what law enforcement agency did you work for I don't need to answer that okay I was just wondering you don't have to answer but I know my amendment do you I sure do then why are you harassing we're not harassing we're conducting an active investigation we're not harassing if you know my amendment I don't need to give my ID I don't need to roll down my window I have rights OK we have rights don't violate my rights I don't consent to any searches harassment okay your license and registration and insurance for what reason because what is your name and badge number I'm sergeant Frank my badge number is s H four 45 get that light out of my face please I'll take that light out of my face well stop sticking the light in my face turn the light off you can record us but you don't need that light on I'll take the light off now sir we're looking at okay listen you can give me my ID or anything unless I'm committed a crime okay I didn't commit a crime I'm using my 1st Amendment so I choose to remain silent sir I'm I'm gonna explain to you right now your vehicle was witnessed crashing into another vehicle you're the operator you're the you're the operator alright you will either provide us your identification or we'll take you out of the car and we'll have to take you down to the station to get your identification my right and then that's sir I'm not gonna argue with you about it give me your license your insurance and your registration I do not need to give it to my amendment it's my first sir I'm gonna tell you amendment sir I'm gonna tell you okay I have to did I commit a sir let's do that first so that we can get him out of the car because he's gonna come out of that car once that affidavit is signed sir sergeant friend sergeant friend did I commit a crime sir I'm talking to you did I commit a crime sir this vehicle was involved in a crash you're the operator of the vehicle we're investigating the crash where's the witness they called and where's the damage the witness is currently filling out an affidavit once he signs the affidavit stating he saw you I want to see the damage the damage is right back here come on and look at it I'm not stepping out of this field the damage is exactly an accident is exactly call my insurance company sir I'm gonna call my insurance company the accident is consistent with the height of the bottom of that bike rack that you have on the on the back of the car the damage is right there and the damage size and location are consistent with the bottom of that let's not escalate it let me have your insurance no let's call your registration and your driver's license OK OK this is not for an arrest I'm legal you sir you if you your failure to identify yourself because we're investigating the accident is gonna be a crime if you resist you're resisting an arrest with or an officer without violence right now OK so you're refusing to identify yourself I don't need to identify myself right now okay that's fine sir you're refusing to comply with our lawful request stop stop sir you're delaying our investigation which means you're obstructing our investigation right now by refusing to identify yourself by refusing to provide your license your registration and your insurance that's hindering our investigation right now all you gotta do is just give us the stuff and we'll fill out a crash form and we'll be on our way okay that's fair that's all I'm asking for we're not here to hang you up we're not here to do anything else write a report yes I can contact my insurance company absolutely will you'll get here for a rest no we're here we're here only we're working here are you the training that I this is a felony that I did a hit and run see this is what's okay can I finish speaking yes you can he told me I did a hit and run I tried to escape it's a felony now why why is this all coming out here you're wondering why I'm not getting out of the vehicle I committed a felony a hit and run means I'm leaving by the way I have five years of law enforcement okay just let me tell you this all we want to do is a crash the court and we want to serve your license registration insurance so we can do the crash report and get out of here that's all we're asking for and where is the other guy the other guy we haven't been able to track them down here the vehicle is parked sir there's nobody in it it was parked when you backed into it that I would like to see we're gonna do the crash report where is his report sir are you still refusing to provide us with the information sir did he show his ID where is he the other person wasn't driving it was a parked vehicle where is he he wants to fly out where is he shouldn't he come down and confront you guys you talk to me you talk to him over there that's the best sir are you refusing to provide us with your license cause where's the other guy are you refusing to provide us with your license and just a minute ago you said it was reasonable so all we're trying to do is a crash report I wanna know who the other person is who's the other gentleman okay well just hold on isn't that fair when you wanna talk to him have him come down you talk to him because sometimes he might say oh I don't he didn't let him come down and look at it oh he didn't hear or don't worry about it I don't know what's going on but a lot of times in actual people say don't worry about it hey you know that as well as I do I have insurance so I don't worry about it but this well then why are you delaying this entire process why are you delaying why are you delaying this entire process reported but where is he all you young guys escalate try to get the ID that's your goal get the ID get the ID you even ask people walking the street give me your ID you can't do that that's unlawful OK we have rights what if your wife of you know gets harassed by cops happens all the time go on YouTube they are a transparency my friend makes a lot of money on you guys loss you gotta know the law okay sir he's not even down here I've been here talking to you for 13 minutes now it's not your job to just see how many scratches on the car it's it's your it's up to him to come it's your responsibility to provide us with the your license your registration and your insurance we're conducting a crash investigation I've explained this to you multiple times do you refuse to comply with that because you haven't complied yet where are you still gonna continue to refuse to comply why is it you why do you interfere with all right what where why is it your job to eat where is the other person you told me sir get out of the vehicle and do it now I'm not doing anything don't touch sir vape on open I don't not consent get out of the car and do it now I'm not getting out what is your name sergeant Frank break his window you can't get him out get out of the vehicle and do it now well now I have no choice and you're gonna arrest me open it up get out come on yes you're going to jail why you can I move my leg come on just get the door open get him out you damn it okay you're not get out get on the ground why don't don't take my phone don't take my phone don't shut my phone off do not your phone will keep rolling let me see it put your camcorders on do you have your camcorder on sir do you have your stamp for the one sir yes I'm rolling don't you worry don't worry about our cameras that's too tight sir yeah well if you would have complied we would have been able to do it easier sir listen stop stop right there guys get a second pair of handcuffs he's got a shoulder injury we don't want to I have a shirt oh I have two shoulder shirts open that up thank you sir give me another pair of handcuffs oh thank you cause I have a left shoulder getting ready for surgery and I've had two on the right alright well we're not here to cause you any pain sir we're just here to gain compliance and complete our investigation with you well I believe you violated my rights so we'll see in court cause this is absolutely ridiculous wait I want to ask are you is your camera on show me please the light is my phone is my phone still on I don't know let me see the damage get get him in the car just get him in the car can I search him where get him in the car and somebody call a tow truck for his car no I live here officer I live here don't tell me that's where I park that's my parking spot you cannot take my car that I have a pass on my ID I have a no my parking my parking pass can you listen my parking pass is right there on the left for the in right here I've been living here four and a/2 years that is my spot and I backed up a little yes it is you don't work here that that is blocking what sir why do that's ignorant what you just said I'm on the end looking at the ocean on the end sir why are you walking away officer I'm talking to you his window is broken he is arrested he is convicted but which side actually understood the law that night the answer is in the statutes here is the full legal breakdown Florida Statute 316.061 any driver involved in a crash causing property damage must stop at the scene and fulfill legal duties under Section 316.062 leaving without doing so is a criminal offence not a civil matter Florida Statue 316.062 the operator of any vehicle involved in a crash must provide name address registration and driver license to law enforcement this is a mandatory statutory duty not a constitutional choice Florida Statue 322.15 every driver shall present their license upon demand of any law enforcement officer the word shall in Florida statutory law creates an unconditional legal obligation with no exceptions the driver invoked the Fifth Amendment as grounds to refuse identification California v Buyers 402 US 4 2 4 1 9 7 1 The Supreme Court held that accident reporting statutes do not violate the Fifth Amendment the court drew a critical distinction producing a license is not testimonial self incrimination it is the production of an existing government issued document the Fifth Amendment Protection the driver claims simply does not apply here Pennsylvania v Mims 434 U S 1 0 6 1 9 7 7 during any lawful traffic stop officers may order a driver to exit the vehicle as a matter of course continued refusal authorizes the use of reasonable force to enforce the order Graham v Conner 490 U s 3 8 6 1 9 8 9 the reasonableness of force is evaluated from the perspective of a reasonable officer on scene not with the benefit of hindsight the window extraction falls within this standard Florida Statute 843.02 resisting obstructing or opposing an officer in the lawful execution of any legal duty without offering violence adjudicated guilty two days jail 12 months probation legal lesson 1 knowing you have rights is not the same as knowing when and how those rights apply misapplying a valid constitutional provision does not create the Protection the driver believed it did legal Lesson 2 the Fifth Amendment protects testimonial self incrimination producing an existing government issued document is not testimony this distinction has been settled in federal constitutional law since 1971 Legal Lesson 3 Florida Statute 316.066 subsection 4 any statement made to law enforcement solely for completing a crash report is not admissible in evidence in any criminal proceeding this provision was available throughout the 1 3 minute encounter it was never communicated to the driver informing him of this privilege may have been the fastest path to voluntary compliance the driver was convicted the officers acted within established law but one unused statutory provision raises a question the courtroom did not answer why did the driver refuse for 13 minutes the paraphernalia charge was dropped but its existence that night changes the legal picture entirely was this a constitutional stand or a calculated obstruction what are the exact rights of a driver in a Florida crash investigation what must you say what can you legally refuse and when does invoking the wrong provision of the Constitution make your situation legally worse officer grades departmental accountability and what law enforcement could have done differently with Florida Statue 316.066 subsection 4 are the answers what you expect