Did you shoot at her? Yeah. >> A routine traffic stop, a suspended license, a name that was not hers, and a loaded firearm hidden says exactly where the law said no one could search. Every decision in this case sits at the intersection of three questions. What does the Constitution permit? What does department policy require? And what happens when the two collide at 1:00 in the morning? The answers are not simple. And by the end of this analysis, you may find that the officer followed every applicable rule correctly and still came within inches of dying because of it. >> You honking. >> I was telling my dad to come out. >> Okay. Hold on. And why didn't you pull over right away? >> Oh, because I'm at the house and so I just wanted to like, you know, cuz we're already here. >> Okay. Do you have a driver's license on you? Uh, yes sir. >> I'm just trying to grab >> Why would your driver's license be in there? >> Oh, no. Sorry. I was just getting all the paperwork. >> You're good. I just need the driver's license. >> Got a picture of it. I don't >> Is it valid or is it >> Yes, sir. >> suspended, expired. >> No, no, sir. It's valid. It's valid. >> I'm not very good at seeing. What's your first name? >> Brianna. >> Brianna. Whose car is this? >> This is um my co-signer. my registered to all the paperwork. >> I have all the I can call them too as well. >> No, you're good. You're good. It's not recorded. Stolen >> right here. No, no, sir. No, sir. Everything's paid off. Everything's paid up. Everything's >> Can you do me a favor and just get out of the car and come right here? Just to the back. >> Is there Well, I was okay. >> Yeah, cuz I'm telling you to. >> Oh, okay. Yeah, sure. Is what's what was the reason of the stop again? Could my pops come out? Maybe. >> Well, I'll have you step back. I'm going explain to you the reason. >> And I had just >> You're good. Just come on right back here. >> My bad. It's right back here. >> Is a reference signal 49 right here. Yes, sir. I'm >> going to have you give me your information. You don't really look like a person on the driver's license. >> Do you have traffic? >> 23. >> The suspect is not Briana Mason as she claims. She is actually 22-year-old Rihanna Harden and she attempts to lie to the one deputy who knows far more than she anticipates. >> Spell your first name for me. >> I mean, it has been a while. >> Spell your first name for me. B R I A. >> Spell your last name. >> M A S O. >> What's your date of birth? >> Don't pull it up. >> No, I'm >> What's your social security number? >> I don't know that by heart. I don't You don't know by heart? >> I don't know by heart. >> If I see this for a sec. >> My phone? >> Yeah. >> To look at the picture? >> Well, I mean, I could I could maybe like send it, but I don't like give consent to the phone. I would just rather lie. >> I'm just trying to look at the picture. >> Yeah, no problem. Yeah, you can you can look at the picture and see. You don't even have the same color eyes as the girl in that picture. >> That's makeup. That's eyeliner around the makeup. >> Okay. Go. Go. Put this down. >> Put this down. You're being detained right now. >> Put the phone down. >> Put the phone down. Put the phone down. Yes, sir. >> Yep. Let it go >> and put your hands behind your back for now. You're being detained. >> I still haven't answer. >> Yeah. Cuz you're not being truthful about who you are, >> sir. But But what was the reason of the original stop? >> The reason for the original stop because you made a faulty stop on the at that stop sign. And because as you were proceeding through that first stop sign that I seen you coming ahead on with me, you were not in your lane. You were partway over the lane. Do you have any weapons on you? Guns, knives? >> No, sir. >> All right. I'm going to patch you down. Go ahead and tuck your elbows up. >> Well, sir. Sir. >> Okay. I'm I'm confused. I'm a female. I don't know. >> That's fine. Come over here. >> Yes, sir. >> This side. Show me one detain. >> I'm I'm so confused right now. Have a seat. >> I'm going to explain everything to you. >> Keys. I don't >> Have a seat. >> Can my pops come out here? >> Have a seat. Hold on. Is that keys? Wait, let go of them. >> I mean, it's on my ring and it actually like Oh, was I >> going to read you something before I talk to you cuz you're in handcuffs and you're sitting in the back of my car right now. So, you have the right to remain silent. Anything you say can abuse against you in a court of law. Do you understand the rights I just read? >> Yes, sir. >> Okay. I want to tell you how I know you're not Brianna Mason because I pulled over Brianna Mason like four days ago. Yes, sir. >> Okay. So, are you gonna give me your real name or are we gonna have to take you to the jail and figure out who you are? >> Yes, sir. My real name is uh >> Go ahead. >> R H E A N. >> R E >> R H E A N. >> What's your last name? >> Pardon. H A R D. What's your It's on the envelope. It's right there. >> Why' you give me her name instead of your name? Do you have a warrant? >> No, I don't have any warrants. Are you suspended? I literally almost have everything like paid off. Everything. And it's literally it's like right there on the edge. I have court July 8th. You know what I'm saying? >> So you gave me a fake name because you were suspended. Really? Does that seem like a logical thing to do? >> Well, it wasn't like wasn't that's not >> So why'd you give me a fake name? >> This is her her she Okay, that's my best friend. I I picked her up from like that's just all that is like I just I'm trying to not >> Why would you give your best friend's ID in place of just identifying yourself? >> So it's because you're suspended. And I don't want I don't want it completely cancelled. >> Have you ever been arrested for driving with suspended license? >> I just got out of prison and I've been doing so much better. I've been working three different jobs. You know, I paid down full on this vehicle. I've just been doing really, really good with that. So, I'm just trying to stay on the right path. And I just came in town. My aunt just passed away and I'm not 27. She's really >> She's suspended. She gave me a fake name. She gave me a name of someone I pulled over 3 days ago. >> Yeah. Do you have any drugs on your person whether they belong to you or not? That I'm about cuz I'm >> What I'm going to do? Stand up. Stand up. I'm about to have to go through your pockets. Okay. Do you have any on your person? >> Um, no. >> No. Okay. >> Just go ahead. Just up there. Put on the keys. >> Yeah. >> Okay. What kind of drugs are we talking? >> Give me one sec. Right. 6601 1015. White male. Start next rotation. >> You said white male. >> I said female, didn't I? >> Back to you, man. Correction. White female. >> Dude, I was like I was like looking at her. I said, "What >> is that more of the same in this pocket right here?" >> You said, "Yeah." Is it going to be in this thing right here? Is that why you were death gripping it when I was trying to get you to let it go? I did see it was stuck, but you didn't you didn't want to let it go before that. >> Yeah, cuz like I said, I was trying to get off like if I'm trying to grab it at one hand. >> Are there any needles on you? >> No, it really pissed me off. >> I don't I really don't shoot. I don't know. >> Damn. Wow. >> You don't have to. >> Got I'm holding them back. >> Yeah, I know. I know. Jeez. Think you have a friend. Go ahead and tuck your elbows up. >> Please hit my cigarette. >> No, I can't lose piece of tape. I'm sorry. >> I've been working on my car, so there might be a few. >> Mhm. Might be a few straws. I got you. It happens when you work on your car. >> No, I'm the brakes. You can look whatever. I mean, whatever. >> Hey, don't [ __ ] me. Look at the dental pit cuz I saw that in somebody else's. >> It happens. I don't know what they're for. What are they for? >> No, that's really for like dental like you can sit down. You can sit down. >> No, I'm dead serious. And so like that that alone is for because I have a tongue cushioning and so like I'll periodically clean it off like you'll see. >> So you put your your clean visual pick in the same rubber. >> By this point the deputies know Rihanna's lying. But when they move to search her car, they don't know yet that an even bigger surprise awaits them. >> I just want to know about the the pick. >> Bro, that's a lot of >> And she had a backpack behind her in the seat, too. >> Want me to go throw? >> Yeah, please. Dude, I was just trying to go grab something. >> I'm sorry. >> Yeah, man. >> I'm not sorry. >> No, >> I take it back. I'm not sorry at all. >> Well, you have Where is Sely >> exactly? >> I thought he was working today. >> No. >> Oh, >> literally just sent out a message like, "Hey, chill out real quick while we get units back." >> How long you been in the car? >> Bro, I just woke up, bro. >> No way. You were not here the whole time. >> Swear to God, bro. We didn't do nothing wrong. >> That's wild. >> Crazy. >> That's wild. That is terrifying. >> Do me a favor. Hop out the car, my man. >> You got any guns, knives on you? >> No, sir. >> All right, man. Stand up. >> Damn, bro. >> Temple. You got anything on you? >> No, sir. I just said no. >> I'm going to check your pockets. All right. >> He said no, too. We thought it So like real, bro. Let's not act like it's crazy, bro. All I got is the bees in my bracelet in my pocket. That's it. Can I please give my dad attention? >> Hang tight. Can I please get my dad attention? >> I just said hang tight. >> All right, bro. >> Go get Papy, bro. >> I'd really rather not him go get Py. I'm going to be real. Like we're just going to hang tight. >> No, bro. That's not >> Don't get papy, bro. >> I'm not doing like I said the beast to my bra, bro. Don't have rest. You might find a lighter. That's it. >> Don't get me searched. You just found >> We're conducting an investigation. Come within 25 ft mission. Stay there. >> See, that's just stay right there, bro. Just stay right there, Papy. No, I need you to witness these do nothing wrong. Hey, let's bring him over here on on that side. Come here. >> Oh my god, dog. No. What the [ __ ] You're over here longer. >> No need for any of that. >> My dad >> right here. Right here. >> Possibly like roll the windows down a little bit. It's really really hot. >> I got you. I'm going to turn the air up is what I'm going to do. >> Can I get some like fresh air as well too? Circulating like like just a little crack? >> No, but you can have that air. It's cold. >> Oh no. So, I'm able to call um I I need the the person I need to be able to call him and tell him. Hey, can you roll the windows up, please? Could you possibly roll the windows up, please? Windows are No, I'm talking about to my car. >> Hold on. Do it one thing at a time here. >> There's a lot of stuff in there. >> Why would let you use his car? >> What do you mean? Because I mean >> Huh? >> All I do is work. I don't really do much. >> What's your homeboy's name? >> Um I don't know. I just know they they call >> We're still lying to each other. Okay. I'm not I'm really not. >> Sir, I understand the frustration and I do apologize. I mean, it's it's cuz he hits on both of our ends. I really don't know his name. He's even said it's for certain reasons. I don't know. That's just how it is. I mean, I I really don't know his name. I don't try to like bug anybody about that. >> What does he tell you his name is? You got to call him something. >> Blue. >> Blue. You don't know anything other than Blue? >> No. I I promise you I I don't know anything other than Blue. >> Okay. Why are you sitting way over there? >> Because I was trying to get the air. Got >> you. It's really hot. Um, sir, please, please. You know, I really do. I work legit jobs. I work three different jobs. Really do make an honest living. Just >> I got a couple things I got to sort out. I'll talk to you. >> Is there any way that we could possibly move or have my car put somewhere? >> That's not that guy. >> Where? No, that's not me. >> Is that not that guy? >> No. I promise you. >> How come you don't come up on any database? >> Bro, cuz I didn't do anything wrong, bro. >> No, it's not cuz you didn't do anything wrong. >> No, bro. No. >> Check out your apartment. >> I haven't checked out. You want to check? >> We're not doing this, bro. It just came back. What did you say? >> I I ran on you to >> find something. >> Yeah. 1054 on your record either. >> Yeah. >> The [ __ ] bro. Are you [ __ ] serious? >> No, bro. You just passed and told me I was straight, bro. And then this man to sit up here and come over. Hell no. I'm not >> Cuz you're giving a fake name. >> I didn't give nobody. >> Cuz last time Last time I stopped out like 6 months ago, 5 months ago. >> The same name. It was the same. Yes, it was, bro. Yes, the same name. Yes, it was. Bro, >> what are you messing with? Take your hands out of your way, >> bro. I don't have nothing in my pants. You just search me, bro. Chill out, bro. Like, this talking about, bro, you're standing up here trying to pull in these skits. I'm not going for it, bro. You just told me I was fake, bro. There's no way in hell you can sit up here and do this. You just ran my name and it was clear. Now all of a sudden, you're trying to sit up here and do this. >> Not that it's clear. It's that it comes back to nothing, >> bro. Bro, so you >> Where were you born at? >> Why the did you sit up here and tell me where were you born at, >> bro? I gave you my name. That was it. You as that's what you asked for, bro. I'm not doing wrong. The fact that he sat up there, bro, they ran my name, bro. He just sat up there and said I was clear, bro. No, I'm just on standby. And now he coming over here on some other >> stand back over there. There's no reason. >> You can't tell me where to stand. I'm in my yard. I know right. >> You are interfering with our stop. >> I didn't do nothing wrong. I'm a passenger in the ride. That's it. >> Okay, >> that's it. Literally, that's it, bro. >> You are detained. >> I was dealing with him, bro. You deal with her, bro. Like, you put the cuffs on her, bro. That's your case to deal with, bro. And that's crazy as, bro. So, I'm not even going to get into that. >> The driver's under arrest. >> Oh my property. You can figure it out afterward. I'm not telling you nothing. >> Can I literally go, bro? You just said I was clear, dog. Don't do that [ __ ] bro. >> You're not clear. You are detained for the stop until we can identify you. >> Bro, he just ran my name through the [ __ ] buddy. He just told you >> he came back with nothing. >> Nothing means there's no record. >> He just told me I was clear, bro. >> I don't know. You got to talk to him, bro. >> I'm not going to answer y'all's question. You have nothing to do with this. >> You have nothing to do with this. Oh, I hate >> No, you have nothing to do with this. >> Okay. >> How far it is, Jensen? >> How far? What? >> Tell me I was going to stand by your name. I can't clear. >> Go to it first thing in the morning. >> What's the issue, bro? >> No record, right? >> Yeah. No. >> Clear, bro. You said I was clear. >> No W. >> That means no warrants. >> No Wrangler's over here being on like What did he do this with, bro? >> So, the issue is that we're not finding anything coming back. All right. That's what we're running into right now, >> bro. All right. So, nothing at all is coming back. >> Any other time y'all run my name and nothing's coming back, y'all let me go, bro. Why is it this time y'all trying to harass me? Bro, >> nobody trying to harass you. >> What the [ __ ] bro? >> But I'm going to tell you this. If you keep freaking out, you're going to go in handcuffs back ID to get back over here. That's not a question because you're bringing your family over here and antagonizing. >> I'm not antagonizing nothing, bro. My family is witnessing this, bro. They can witness, bro. >> I have no issue with that. But what I'm not going to deal with is people coming up and impeding our investigation. They're not impeding your investigation. >> While the deputies have spent a significant amount of time trying to obtain official identification from the passenger, they do not yet realize that it is Rihanna who requires their attention. And by the time they do, it will be too late. >> Have you ever had a driver's license out of out of Florida? >> I've had a hardship. >> Hardship? >> Yes, sir. I did the 4-hour drug and alcohol class and stuff. I'm not around. I stay secluded. I don't like people. I really didn't want to come over here. I wanted to go to my family. My little brother, he's five. So, what did pop say? >> I have no idea. >> Cuz I see him trying to say something. >> He was trying to say something. I wasn't listening cuz why wouldn't it? It has nothing to do with him. >> I mean, a family member just passed away. That's kind of the only reason why we even got in the vehicle to get here. She just passed away like literally at 4:20 and this morning. And it's just like it's been a lot and and we just we have to be here because I want to make sure my friend's okay, you know? Like I want to make sure that, you know, my family's okay. Like there's just a whole lot more going on than than what, you know, and cancer is ruining everything, bro. Yeah. Yep. Yep. Boom. Go for it. Okay. >> In this moment, the deputy starts feeling on edge and decides to search the back of his squad car. Still unaware that it is Rihanna who requires a more thorough search. >> Yeah. Take take whatever you want out of the car, man. I'll let me check with her real quick cuz it's all her stuff, right? >> Hey, do you want that guy blue to take the stuff out of your car? >> No. >> All right. Come here. Come here. Right now, bring your hand around to the front. Scoot out. >> Get around. >> What did you just put in my seat? >> What did you just put in my seat? My hat. >> Probably your hat falling. Hey, Bates. Come over here real quick. Watch her. She slipped under the cuffs and opened the door right as she was putting something in the back seat. Then it doesn't even matter. I'm going to just search it again at the jail. >> Yeah. Go ahead. >> Go ahead. >> Take a seat. >> What are you doing? >> I just had I'm sorry. I'm I'm very nervous. >> So I can have the >> phone. You're a [ __ ] She's got something in her back 100% because she keeps begging me to open the window. She's like, "Can you open the window? I'm hot. I got the cold air blasted." Like, "No, cuz whatever you have, I'm going to fine." >> With the car being towed in the original scene coming to a close Somehow, Deputy Gillyard has managed to jump out of the squad car and fire at Rihanna in self-defense. But in the rush of adrenaline, he is not certain if he is injured as he desperately looks for cover and shouts commands to get backup. >> 6671. Shots fired. Shots fired. >> Shots fired. Station 733. Mar, I'm on 441 just north of a racetrack. I'm not sure exactly where. I'm outside of my car. Fire in the back. >> Block one, the stop in detention. The traffic stop was grounded in probable cause under the fourth amendment. Florida statute section 316.123 prohibits failure to stop at a stop sign. An observed violation is sufficient. No warrant, no prior suspicion, legally unassailable. Pennsylvania v Mims 434 US 106 decided in 1997 established that once a lawful stop is made, the officer may order the driver out of the vehicle as a matter of course without any further justification. That authority is absolute. It does not require explanation. When the subject provided a false identity, the stop transformed. Florida statute section 817.565 criminalizes providing a false name or false identification to law enforcement. First-degree misdemeanor. The moment she gave that name, she committed a separate independent offense. Continued detention for identity verification is constitutionally permissible under Illinois v. Wardlow 528 US 119 decided in 2000. Evasive and implausible answers are recognized factors supporting reasonable suspicion for extended investigative detention. Block two search law and the policy failure. Terry v. Ohio 392 US1 decided in 1968 authorizes a pat down frisk when an officer has reasonable articulable suspicion that the subject is armed. The standard is not probable cause. It is reasonable suspicion only. That suspicion existed here from the first moments of contact. But Terry Frisk authority has a constitutional boundary. Florence v board of chosen freeholders 566 US 318 decided in 2012 affirmed that invasive strip and body cavity searches require individualized reasonable suspicion and must be conducted in a reasonable manner. Crossgender searches of intimate areas are further restricted by agency policy and civil liability concerns. The result, Deputy Gilliard, a male officer, could not lawfully conduct a thorough search of the subject's groin and underwear area. No female deputy was present. The search gap could not be resolved on scene. This is not an officer error. It is a systemic gap between legal constraint and operational reality. Lesson one. The law that protects privacies in a search can in certain circumstances become the mechanism that places a loaded firearm inside a transport vehicle undetected. No existing statute resolves this tension cleanly. >> At racetrack [music] 32 street [music] racrack at 30 seconds 41. >> Come on. Come on. Come on. >> 70 25 shots fired. >> I don't think I'm injured. I'm not sure about her. >> You're just good to cover the hole you got. [music] Man, she's trying to get out of my car. >> Care, [music] >> Marion, looks like I'm right across from the Royal Inn. >> East side of the road. >> East side of road from Royal in >> Mar about to go 97 versus >> east side of the road. It's facing northbound. You should see my headlights. OPD is about to be 1012 with me. >> East side of road facing northbound. car. >> Where are you? Your vehicle. [music] >> I'm behind my vehicle to the right >> at a concrete barrier. >> Behind vehicle to the right. >> What's that? >> Is he signal zero? >> She's signal zero. >> Signal zero. >> Hey, do not come southbound. Easy girl. Easy. devices. That traffic car. >> Am I injured? >> You got like a mark on your >> thought I got shot in the face. >> No, you have a graveyard. >> As backup deputies begin pouring in, their sole goal is to cut off every possible escape route for Rihanna. >> Watch your crossfire. She coming in the air. Got 441 shut down. >> Shut down. >> Come on. >> She was kicking. She was trying to kick at the left door. >> I don't think so. Anybody coming southbound is going to be in a qualifier. >> M have OPD shut down southbound lane. Anyone [screaming] south, turn on your take downs. >> Did you shoot at her? >> Yeah. >> 587 approaching. Where do you need them? >> We need more on scene. >> No, we we're good to side. >> Just continue blocking the northbound lanes of 441. If he's south, >> if there's an unit coming southbound towards the bridge, just lock that part down. >> So, you're 55 at your man. Don't let any more units come up. They keep driving up it, man. She's in that car still. >> 7025. Myself and 6966 are coming from the west eastbound on Southwest 42nd Street. >> Coming in just siren. We don't need any more sound. >> Continue on crossover in 200 ft. Sound. >> Get out of here. Go. Get out. Turn around. Turn around. Last time I wear my seat belt. >> Oh, you got out in time, buddy. >> She started firing at me through the grate. >> Yeah. Um, why don't you go head on back to my car and I'll take over where you're at. Okay. Since you're Is that your Is that your mag right there? >> Hey, Gileia, you you search real quick? You search yourself? >> Yeah, I think she just grazed me in the head. >> I'm going to go check out with him. Rick, whose car is this? >> Let's turn your lights off. I'll lock your door. I'll lock your door off. >> Just find a position on the north. >> Is she in the back seat? >> She should be in the back seat. >> Let me see you, bud. >> I got away from being dead. >> Am I hit in the back? >> I just searched her. Okay. All right, we have the south side of the vehicle covered pretty well. >> Just find a position on the northeast side. That's south side of where we >> need somebody to establish contact right here. Yeah, I got you. >> I don't know how we're going to be able to establish if she's going to cooperate. >> Put her hands up and see if she'll do anything. >> You need to put your hands up with nothing out. >> Yeah, that didn't work very well. You need to put your hands up and have nothing inside them. >> So, she can't go anywhere. She's fully surrounded inside the car. There's people on all sides. Gillyard shot his gun. He's got a graze wound on his face. That's from being shot at. But he I searched him. He doesn't have any other injuries on him. It's there's this that injury on his face. So, I got him over here separate from it and we're on the car now. It's the decision of whether or not we want to go up on it. She's armed. She has a gun. >> Even though she's 34, anything like that? >> They said that they they saw >> after after the gunfire stopped, she was kicking at the door from the inside and that was there were no more gunshots after that. >> Can we access the camera in the car? >> I can look that right now actually. Um, >> is it on? >> His lights are not on but the interior camera is on. >> Let's see if we can access it. Miraculously, Deputy Gillard has escaped with almost no serious injuries. And as units try to make contact with Rihanna, she knows she has no choice but to comply. >> She slipped the cuffs once when I had her in the back seat and I opened the door and she was being sketchy. So, I searched her again, recuffed her super tight. Like, there's no way she slipped out of them. I heard I was driving to the jail. I had the great totally open or the uh the plexiglass and I heard the sound of the cuffs coming around. And as soon as that happened, I just it sounded like something exploded right next to me. I thought I got shot in the face. So, and she shot I don't know three three or four times at me while I was going. >> Can they see movement of the vehicle? >> Movement. We are establishing commands here. >> Let me see your hands. >> HANDS OUT THE WINDOW. >> THEY ARE. >> Put them all the WAY OUT THE WINDOW. >> I'M IN CUFFS. >> Put both your hands out the window. Hey, I got sight on her right here. I can see her hands. PUT YOUR HANDS OUT THE WINDOW. HEY, SHE'S reaching back inside. You need to keep your hands out that window right now. >> Can you unlock your car so she can open it from the outside? >> Stand for standby. Trying to unlock it now. >> You need to get closer. >> Maybe. I'm trying to Is it the right door or the left door? >> She's on the left door. >> No, she's she's on the driver's side. >> Okay. >> Hey, can you get on your knees and stick your hands further out the window? Please do that. >> Are you able to unlock it? >> I'm trying. Is the door open? >> It's not open yet. Stand by >> here. >> I still got eyes. Both hands are out the window. Hey, try to open the door from the outside. >> What? >> TRY TO OPEN THAT DOOR FROM THE OUTSIDE. >> I'M COMING OVER TO you with the shield. >> Have a shield over there. >> Pair of shields. >> Yeah. >> Two. >> Yeah. Side by side. >> I'm left-handed though, so let me get on with this side. >> Yeah. >> Rihanna's the name. >> With confirmation that Rihanna is complying, deputies finally approached the squad car to make the [music] arrest, bringing this harrowing incident closer to an end. Which side is she on? >> My son. >> Hey, keep your hands right out the window. Do not move. Okay. >> All right. >> I can't hear you. >> Keep your hands up. >> Come out. >> Get out of the car. Get on the ground. OUT OF THE CAR. ON THE GROUND. >> ON THE GROUND. >> Away from that gun. >> On the ground. Get on the ground now on your stomach. >> It's It's over there. It's over there. I threw it out the window. Whatever we >> Where's the gun? >> Right here. >> On this side. >> Do you shoot yourself? Are you hurt at all? >> Uh, yeah. I think it's on my back. My shoulder. >> Back of the shoulder. >> My right, I believe. I'm not sure. I might have just got grazed. I'm not sure. My girl is so [ __ ] high. That >> was a stupid thing to do, wasn't it? >> Life's a stupid thing to do. Yeah, my shoulder hurts. >> All right, guys. We got her. You guys can go steal your weapons. >> Do you try to shoot yourself up here? >> No, sir. >> Okay. >> Am I shot? >> No. No. It looks like it's just a scratch. >> Okay. >> Looks like it doesn't. >> No, it doesn't look like there's a hole or anything. Yeah. You want to roll over and sit up on the curb? >> Yeah. I thought I had >> 51. [snorts] >> Yeah, there should be. >> There's some blood in the back. >> Yeah, there blood in here. Once medic get her will put her in an ambulance. We'll check her again. >> With Rihanna finally in custody, the scene begins to wind down. The deputies still have much to process, especially Deputy Gillyard, who remains shaken by the entire ordeal. >> I'm alive. Okay. Just got a grace. >> I see it. >> Probably shouldn't be alive, but >> No, no, no, no. We're fine. We're here. You see how I touched you? No. It's over here. >> Yeah, he has a grace wound on I think on his face. You want to say 1012 with her? >> I got a cold. >> I still haven't taken his gun yet. Gilliard. >> Did he Did he discharge? >> Unloaded the whole magazine. >> At least I I >> Y'all ready for her to be transported? >> Um Jens Yeah. Jensen, can you stay with her? >> Cuz I promise you she she had a gun down in her tutti toy. >> That's good. And we didn't do you didn't do we couldn't do a female search. That's why I just had a female searcher. >> Yeah. He can't you know he I I told him I said I said, "Listen, [clears throat] she had a gun where you can't check." So here here here's the deal. I I'm trying to figure in my mind what is her what is her thought process because she's locked in. >> I think she's on she's she's she's out. She dropped out. >> You can't get out. >> No. >> Block three use of force. Graham v Connor 490 US 386 decided in 1998 is the controlling standard for all law enforcement use of force in the United States. Force is evaluated from the perspective of a reasonable officer on the scene at the moment of the decision, not in hindsight. Three factors govern the Graham analysis. The severity of the crime, whether the subject poses an immediate threat, and whether the subject is actively resisting or evading arrest. All three factors were present at maximum weight when the first shot was fired. Tennessee v Garner 471US1 decided in 1,985 limits deadly force to situations where the officer has probable cause to believe the subject poses a significant threat of death or serious physical injury. A suspect firing through a partition great at point blank range meets that threshold without legal ambiguity. Lesson two. The open partition between the front and rear compartments of the transport vehicle is a critical officer safety variable that no use of force doctrine accounts for by name. It is a tactical gap, not a legal one, but the consequence is identical. Block 4, charge construction and sentencing. Florida statute section 782.065 governs attempted murder of a law enforcement officer. It is a first-degree felony. The statute deliberately elevates the offense classification based solely on the victim's status as a law enforcement officer. This is called a sentence enhancement predicated on victim identity. Florida statute section 790.23 prohibits possession of a firearm by a convicted felon. Seconddegree felony maximum 15 years independent of all other charges. This charge does not require that the firearm be used or discharged. Possession alone by a person with a prior felony conviction is sufficient. Lesson three. Felony charge stacking under Florida law means each offense carries its own sentencing range served consecutively or concurrently at the court's discretion. Seven charges each with its own statutory maximum. The aggregate potential exposure in this case exceeded 100 years before sentencing. Block five. The systemic question. This case surfaces a doctrine problem that Florida is not alone in facing. When a lawful search restriction prevents recovery of a concealed weapon and that weapon is later used against the transporting officer who bears the legal and institutional responsibility. The officer cannot be faulted for following policy. The policy cannot be faulted for protecting civil rights. But the outcome, a deputy fired upon at close range inside his own vehicle, demands that the question be answered in policy, in training, and in law. No court has issued a definitive ruling on this specific configuration. Rihanna Harden was sentenced to 40 years in state prison on February 16, 2026. Bond was denied seven charges, one sentence. The law resolved this case, but it did not resolve the gap that created it. What happens to the next officer who transports a suspect under the same legal constraints without a female deputy available with a partition that agency policy says should be closed but was left open? Does the law protect the officer? Does the policy protect the agency? Or does the space between the two continue to exist, unnamed, unregulated, and waiting for the next case to define it? The footage does not answer that question. Neither does the sentence. >> You good? >> Pat down your people. >> No, I'm just saying. >> No. >> Well, by policy, you didn't get hit, did you? >> I got burned. Did anyone check under your vest? >> Nobody checked under, but I think I'd be feeling it by now. I feel this. >> Okay. What's that from? >> I think she barely missed. Yeah, she shot through the grate. Like I probably should be not alive right now. >> Yeah, you did a good job parking right there. >> I know. I I know. >> Did he unload the whole mag? It looks empty. >> I I'll take him up to the hospital. >> Okay, I'll take him up there. I don't have anything else to do here. Of all the ways that I thought could happen, this is not one of them. You know the really stupid part when they when they go to review the car and the body cam, they're going to be like, "This is a sign. This is a sign. This is a sign. This was a sign." >> Are you familiar with the term Monday morning quarterback? >> Oh, yeah. This is this >> I plan to be the star of this is going to be like literal Monday morning quarterback. >> Rihanna and Deputy Gillard were both taken to the hospital for their injuries. While the morning shift deputies recovered the by the deputy from Rihanna during the search the night before. >> I'm assuming these are the right here. >> Um, I would assume so. >> Just making sure. Well, I mean, >> I don't know what exactly he what she had on or anything other than just knowing that there were >> pretty decent amount. Yeah, we need you kind of get a weigh in the mouth to see if it's going to be the trafficking amount.