hey what the fuck I'm not resisting I'm not resisting I'm not resisting I get to pick and choose where I stop my vehicle if I am cremated if I am cremated in a fraction you should stop it right away how was there a physical act I didn't do anything OK location Guava Street Florida United States event traffic stop conducted by a Florida sheriff deputy a driver was pulled over for traveling 41 miles per hours in a posted 35 miles per hour zone the stop escalated into a felony arrest hello hey how are you um deputy here's in the sheriff's office do you have your license registration with you I'll tell you in a second do you have your license with you I will tell you in a second alright alright I'm requesting your license sir I will tell you that in a second once I see your license I'll tell you why I stopped you but you don't tell do you don't tell me how to do my job 3:35 I'm not telling you for no reason I have two reasons for stopping you storm me a second can I see your license please I will tell I just told you no you didn't tell me anything you didn't say anything to me you just said I'm pulling you over OK I'm Devin who's in the sheriff's office I introduced myself I asked for your license and registration I will tell you that as soon as I get your license no you need to tell me what you're using to pull me over sir I haven't done anything I didn't everything I was supposed to do you I'm I'm stopping you for two reasons for me to stop for what sir do you have your license with you or not I'm asking you're not answering my question I broke all the rules follow me for all the rules OK I did everything I was supposed to do OK I'm stopping you for two reasons OK that's it has nothing to do with it so what's the problem I'm stopping you for two reasons one is your speed OK my speed limit is 35 miles an hour where on mahogany so why did you stop at mahogany why did you wait for me I don't you don't have to I I pick and choose where I conduct my traffic stops you can't stop me on 10 miles may I see your license please may I see your license please what's the reason for you to stop me 3:13 have them step it up 10:54 drivers is not being cooperative I have your license please what's the reason I just told you no you did that's not about you you should if you said I'm speeding you should have stopped hop out of the car please no I'm not hopping out of the car I told you why I stopped you no that's not a valid reason you stop me stopping from from from what what's what's the speed what's your radar where's your radar at what did you stop what did you what did you check my speaker sir I wanna know because you're literally sir I'm a good five cars away from sir you're going to make this more difficult no you are you're not you're not giving me a reason a valid a lawful reason for why you I just told you no I stopped you said I'm going over 40 over over 35 and you were also following too close to that motorcycle too when he was turning what am I stopping you for no that's a bull that's a bull if you would have stopped me for my speed or stop me over there then why would you wait all the way over here I went through a whole two stop signs you start one 10 he's a president supervisor what's your name and your badge number deputy who's here at the sheriff's office I stopped you for your speed what's your badge No. 1 0 9 8 okay can I see your license please you said you stopped me for my speed all over in my Hawkeye where are we at right now what street are we on I'm gonna ask you to step out of the car no what street are we on we're on Guava Street OK why didn't you stop I'm a mahogany man you don't pick and choose where I stop first where you pulled me over so step out of the car tell me why you stopped me over here mahogany man sir if I'm asking for the last time I got you for your license why are you tons of times I'm over in guava when you said I was speeding in mahogany which I was not speeding in mahogany so don't even lie and I was not speeding no close to no motorcycle either sir that's not the reason I stopped you for the motorcycle I stopped you for your speed you just said it so now you're both now you're both no dude I mentioned it that's not the reason I stopped you you just said it I stopped you for your speed that's not the reason I was stopping you for I stopped you for your speed then why did you stop me at mahogany I get to pick you choose where I stop my vehicle if I am cremating if I am cremating sir a fraction you should stop it right away don't wait until I stop a whole two stops and go on another street for you to pull me over sir this is no I'm not no I'm done talking give me your license I'm done talking I've asked for your license four times now you need to have a balance step out of the car pull me over step out of the car no I'm not step out of the car step out of the car no you're going to go to jail for resisting no I'm not I can't be in jail for resisting you haven't pulled me over for a lawful reason where is your radar where is your radar I don't have to show you that yes you do no I do not yes you do no where is your radar where did you I stopped you for your speed how did you track me I stopped you for your speed how did you track me how I stopped you for your speed how did you track my speed how I stopped you for your speed how did you track my speed no how did you track my speed cause I'm gonna tell the Georgia he's gonna ask me how did you track the speed and you gonna tell him what I'm not doing roadside court no what are you gonna tell you don't dictate how this traffic stop goes when he asks you I'm asking you again no step out of the car I'm not stepping out of the car step out of the car sergeant out here supervisor step out of the car again no step out of the car step out of the car sergeant out here supervisor step out of the car alright we're gonna break the window one more chance one more chance we're breaking the window right now one more chance we're breaking the window I stopped you for your speed I've asked for your license plenty of times I don't have to explain that to you and I get to pick and choose where I stop my vehicles where it's safe for me that's not how it works that's not how it works okay you're not a cop alright we're gonna break the window if you don't stop let's go step out of the vehicle step out of the vehicle this is a lawful traffic stop I stopped you for your speed told you get out of the vehicle once we're gonna get you out of the vehicle you're under arrest why did you track my speed how that's not up for debate right now I gave you the reason for this for the stop I asked you for your license which you were refusing to provide to me hop out of the car before we break the window how did you check my speed that is not up for debate would you get a sergeant out here that we can talk to my supervisor is pulling down the street right now when your supervisor comes out we can talk to I stopped you for your speed what was my speed you're going to be placed under arrest what was my speed this is your last chance give me your license and come out of the car 41 in a 35 now you're making up a number cause you gotta think about it you know that right no I'm not making up a number yes you did then how why weren't you a radar then what how did you check my speed I have a radar on the front of my vehicle I stopped you for speed why I've asked for your license numerous times I don't have to I pick and choose where I stop my cars hey who's who's who's who's just wait a second please step out of the vehicle before you escalate this before it gets worse I'm asking you to cooperate I've been nothing but cool and collected with you this is a lawful stop this is a lawful stop now please exit the vehicle and give me your license I'm not doing anything I'm not doing anything I'm not doing anything hop out of the car before we break the window hey I'm Corporal Smith of the Sheriff's Office what can I do for you I'm Corporal Smith of the Sheriff's Office my number is 7 0 5 nope I just got here no whatever number you made up in your mind okay on the highway okay so so before okay let me just make sure okay I'm already I'm already I'm this is my house right here okay I'm already pulled up to my house okay I'm trying to figure out why he waited all the way from the gas station can I tell you something that doesn't matter I'm just okay wait yeah we don't have to stop you in that media time frame so you're here what what's the problem I what did you provide your identification I I need to know a reason for me to give you my ID I don't have cause this is a lawful traffic stop but for what though I need to know for captain yeah so I'm not a captain I'm a corporal OK so at this point I'm now gonna ask you to step out of the vehicle OK for what reason for officer safety OK well that's not a law it actually is no it's not yes it is it's case law it's case law please no I need to solve it okay so you have five seconds to open the store okay you guys gonna break into my property uh yes I and and and you you can either you can either provide me your identification but what okay you guys are making a big mistake right now I'm I'm really not a whole lawful suit with this okay that's fine and we can handle that in court and I'll have no problem with that but I'm hey what's your first name OK I'll give you my first name yeah OK my name is Steven with a V OK Steven with a V yeah I am now I've already asked you for identification I'm telling you to provide me with your identification if you fail to do so we will break this window and we will remove you from your vehicle you have five seconds now you're gonna give me a time frame yes because how long is how long have you been here on this traffic stop he just pulled over he just pulled over and I'm trying to explain to him okay well I just drove from 3:05 and 3:02 sir he says he saw me at a number and then he says that he was like alright listen you were following too close to a motorcycle then I got why are you he's okay can I tell you something that can all be handled in court if you feel like you're being charged unjustly but at this point I'm telling you it's a lawful traffic stop I'm telling you to provide me with your identification I'm telling you I'm giving you a lawful command if you feel that it's no if you're telling me that it's unjust you can handle that in court but at this point I am no longer going to ask I will remove you from this vehicle you're gonna remove me you're gonna kidnap me from my house it's not kidnapping if I listen so we have this on video if I don't provide my ID my license yes you will you take me to jail yes you will take me to jail if I don't provide my license if you don't provide me with identification yes will you take me to jail yes yes you will take I want to hear you say I will take you to jail yes you will go to jail if I don't what if you don't provide us with identification yes OK that's all I need to know under the stress under the stress I'm providing you my license OK that's a threat it's on the rest of me OK sure no it's not that's not that's true OK whatever whatever you say that's fine this is a lawful traffic stop I need OK alright so I need your identification i'mma have you step out of the vehicle you can keep recording yes you are gonna step out of the vehicle hey hey don't be reaching in my vehicle sir do not roll this window up hey sir do not be reaching in my vehicle no stop stop stop stop stop stop my arms stuck I'm not doing anything roll the window down hey what the fuck I'm not resisting I'm not resisting I'm not resisting I'm not resisting are you guys shitting me right now you guys buy no you want to shut my arm in the window you now caught another charge good job you guys are I didn't roll up my window you put your hand all the way down and you rolled up the window I did not touch the window sir I have it all on video I did not touch you put your arm all the way you slid your arm all the way down that's not my fault sit up sit up I can't sit up all I'm doing is shutting your truck off unbelievable guys come on no it's not unbelievable yes it is I gave you 15 minutes to stand up 15 minutes to provide yourself identification you don't pick and choose how traffic stops work listen man you listen no you can't you don't pick and choose how I do my job actually you work for us for the county that for the people okay so yes I do okay you're under arrest okay for what I wanna know for what for resisting what I haven't even resisted anything obstruction how was it a physical act I didn't do anything okay actually it's not yes it is a physical act what the fuck are you talking about what are you guys talking about uh obstruction is a physical act I haven't done anything for you to obstruct you obstructed my investigation that's not no that's a physical act that's a physical act okay that's not physical act that's not physical act okay well I need your help I need somebody higher than you buddy this is unbelievable I need a captain up here please we don't have captains you guys don't have captains no we don't have no we have commanders and sergeants okay I need I need a sergeant or a commander I need somebody higher than you cause this is unbelievable OK so please I want I'm requesting someone higher what's unbelievable is that you want to pick and choose how you act and you decided to act like this what are you talking about dude I'm asking you I'm telling you I'm asking you to face the car why do I have to face the car thank you because what you don't understand is as you're talking you're you're spitting okay and I don't I'm not saying you're intentionally doing it but your bodily fluids could get on us I'm asking you not to so face the car you can say whatever you want oh my God guys this is unbelievable all for a fucking what for what four miles over are you kidding me dude you're right that's what she said six you're right six no now it's six now it's six it's 41 and 35 now it's six now it's 6 41 - 35 is 6 I how did you know I was going 41 dude I wanna know get in the car hey dude I wanna know that I want to I'm telling you right now is there any body cams on no body cams are on all of them all where's the red car where's the red car where's the red OK alright cause I'm this is unbelievable you're under arrest for obstruction I obstruction is a physical act I can't it's not it's not it's not that's not battery that's no now you guys are making up charges are you are you good yeah just let me see all right here do you have your lip balm yeah one time player he put his are you settle down take a breath OK what's your name I'm I'm Whoreson OK my name is Nick my last name is Huziyar Huziyar h U Z I o r OK Nick I'm sorry OK I need you to take a breath alright you are so amped up give me one second give me one second you want me want me walk over there you take a breath I come back just no no just I want to have a conversation with you I don't know what's going on outside of here I don't know why you got so angry for absolutely no reason OK I wanted to let you go with a verbal warning and go about my day reason I was stopping you is for your speed like I explained to you numerous times OK hold on hold on let me finish I don't have to first of all I don't have to explain to you why I stopped you immediately I stopped you for a lawful reason I requested your license your registration proof of insurance okay huh let me finish I've been cool with you you're cool with me okay to which you got argumentative with me I don't know what prior experiences you've had with us okay I don't I don't know who you are okay I don't know what I'm walking up to when I walk up to a car I don't know if it's gonna be the last day of my life or the last day of my life too you know what I'm saying okay I don't again we don't know what's gonna happen okay you immediately became argumentative with me because I didn't advise you for the reason hold on I'm just gonna keep talking I will let you speak I will let you have your peace okay I promise you I observe the violations across mahogany OK hold on I'm just saying OK I don't I don't I don't they're searching my vehicle without my consent and I don't and I don't give it and that's on that's illegal take your breath I'm just saying I'm talking to you right now are you gonna let me are you gonna let me speak you're not gonna let me speak yes sir I will yes sir do you wanna speak to there's a supervisor coming another supervisor I would like if you gotta finish what you gotta say OK I expect a 20 reason for stopping you to which you didn't like you don't have to agree with why I stopped you that's the reason I'm stopping you hey I have a lawful reason for stopping you that's why I stopped you okay oh okay at that point I explained to you the reasons I stopped you you have to provide me with your license your registration and your proof of insurance by law if you refuse like you did that is called obstruction the charge is resisting without violence okay I've asked you I don't know how many times I've asked you I'm going to watch my body camera and I'm gonna document how many times I've asked you to which you got more angry with me because you didn't agree with the reason for the stop no okay do you mind if I talk real quick go ahead but you but you okay I would have listen I'm very cool dude and I know I wasn't showing it but listen but listen but all I asked was all I asked was a simple question can I answer it I answered your questions and you didn't like my answers that's that's that's the fact but okay when you first came up to me and I asked you what is the stop I don't have to explain it to you right there but and I did I still did no you didn't I did I did I told you why I stopped you and then you didn't like my answer and you said that wasn't a reason I can stop you no I did not say that was not a reason and you then you started complaining that I didn't stop you on Mohawk Avenue I said that you're stopping me over here when I if I committed a infraction or anything like that I did that over down there you're stopping me a whole two streets over that's what I was saying how are you gonna stop me hold on let me ask you I'm gonna tell you another thing I get you don't I you may not agree with the area I stopped you in which is your opinion I must look okay if you look right there but since I'm I get to this is my I get to pick and choose where do you want your house to be I observed the infraction I had a I had a traffic infraction to stop your vehicle so I enforced it so where I enforced it so okay so a block down the street so let's just say for an example okay hypothetically we're speaking hypothetically we're speaking okay before you go on before you keep talking are you gonna read me my rights I am gonna read you your rights cause I don't want you to say anything that's gonna incriminate you without me reading to you so I am being arrested right now you're under arrest without a doubt you are under arrest and what is the arrest for obstruction OK but you OK you have to know obstruction is a physical you clearly don't know the law no no no you have to understand I'm gonna read this to you real quick that's that's not no that's not if you refuse to provide your identification to me on a traffic stop that's it's called resisting without violence you have the right to remain silent anything you say may be used against you you have the right to talk to an attorney have him present with you now or at any time during questioning now before an attorney will be appointed to represent you if at any time you wish to stop talking have your attorney present all questioning will be stopped at your request do you understand your rights thank you what's your first name I already gave it to you I don't have your ID I don't know who you are somebody else has it I haven't talked to them yet I don't know your name my name is Nick I'd like to know yours are you gonna tell me your name or not bro they have my license but I don't have it on me the other supervisor has it has it right there can you just tell me your name in conversation I'm I'm I'm done talking um any perishable stuff we'll give to her if they didn't find anything for me oh what what did they find oh you can't tell me can you what do you mean in in the vehicle nothing thank God because I don't know it's nice so I was nervous you guys were searching I was freaking out doing inventory so I searched we're looking for anything of value to make sure we're not so mad so that's why I was like what did you find there I mean there is like prescription pills but I don't know who it's to but obviously it's not a oh your mom um isn't my cold sore meds yeah valacyclovir for my cold sore she's so kind I ran out of mine yes it's not it's legal so it's over the counter herpes virus alright so real quick take the glove off just cause I don't want you touching me with the gloves just just for documentation purposes it's on video but I want you to feel right here like you can feel the welt on my arm yep okay right yeah so alright um Legal Foundation Traffic Stop Validity Florida Statute 316.183 operating a vehicle above the posted speed limit constitutes a traffic violation and provides probable cause for a lawful stop the location at which a stop is initiated does not affect its validity officers may choose where to effectuate a stop based on officer safety considerations identification requirement Florida Statute 322.15 every licensed driver must carry and produce a valid driver's license upon demand by a law enforcement officer this is a statutory obligation not a discretionary request refusal to comply is a criminal offence regardless of whether the driver agrees with the reason for the stop authority to order driver from Vehicle Pennsylvania v MEMS 434 U S 1 0 6 1 9 7 7 The Supreme Court held that an officer may order a driver out of a lawfully stopped vehicle as a matter of course requiring no additional justification or articulable suspicion this is one of the most clearly settled rules in traffic stop law charge one resisting without violence Florida Statute 843.02 a person who resists obstructs or opposes any officer in the lawful execution of a legal duty without offering violence commits a first degree misdemeanor refusing to produce identification and refusing to exit the vehicle during a lawful traffic stop both satisfy the statutory elements no physical act of resistance is required charge 2 battery on a Law Enforcement Officer Florida Statute 784.07 Battery on a Law Enforcement Officer is a third degree felony carrying a maximum sentence of five years in state prison Florida law does not require serious injury for this charge intentional unwanted physical contact with an officer during the lawful performance of duties is sufficient to elevate the offense to felony status plea and adjudication no contest plea the defendant neither admits guilt nor contests the charges but accepts sentencing as if found guilty withhold of adjudication the court declines to formally convict the defendant no conviction is recorded as long as all court ordered conditions are met the defendant retains no felony record under this outcome sentencing conditions 24 months supervised probation report regularly to a probation officer pay approximately $970 in fines and court costs complete 50 hours of community service undergo moral recognition therapy addressing decision making and impulse control submit to random drug and alcohol testing maintain employment allow compliance checks at home or workplace no weapons no alcohol no further violations write a formal apology letter to the arresting officer probation violation consequences if any single condition of probation is violated the court may revoke probation formally adjudicate the defendant guilty and impose the maximum penalties on the table a withheld adjudication converts to a felony conviction maximum sentence five years in Florida state prison key legal lessons 1 disagreement with a traffic stop does not suspend the duty to comply disputes over the legality of a stop are resolved in court not roadside 2 verbal argument with an officer is constitutionally protected speech physical noncompliance is not 3 a no contest plea with withheld adjudication avoids a formal conviction but carries significant and lasting legal obligations any violation reactivates the full sentencing exposure