On the 13th of August, 2022, in Wilkes-Barre, Pennsylvania, Officer Dan Duffy initiated a traffic stop on South Wilkes-Barre Boulevard after his license plate reader flagged a Mercedes sedan for suspended registration. In the rear seat was Darlene Duggan's Magdalinski, chairwoman of the city's own police advisory committee, the civilian body tasked with overseeing that very department. The encounter raises a rare legal question. Can a civilian oversight official invoke her role to avoid [music] enforcement? The law answers clearly, no. Under Wen v. United States, 1996, any observed violation justifies a stop. A license plate reader hit for suspended registration meets that standard, and the machine cannot see race before it triggers. The profiling claim fails under United States v. Armstrong, 1996, which demands both discriminatory effect and discriminatory purpose. An LPR-initiated stop forecloses both. How you doing? Hi, how are you? >> How are you? I'm okay. How are you? I'm Darlene. >> You own the car? I do, yes. Here's what happened. I was parked up on the median. You see where I parked up there or not? >> Yeah, I do. We have license plate readers on the car. It hit on your plate as being expired and suspended due >> But it's not. It's really not. >> No, what I'm saying is it says suspended due to insurance cancellation. >> Right. But it is expired 7/22, last month. But it's not. Oh, you talking about Oh, with this what plate? Yeah, what happened is my car and they're trying to handle that. I went to court Okay. >> for um my um my registration. I can't get it I can't get it inspected until they Yeah, I'm not even I'm not even worried about the inspection. It's the plate that it hits on. Right, but what I'm saying is I can't do anything until like as far as with that, cuz it's I haven't like insurance. >> insurance? >> Yeah, I have it. >> it? You already have it on your phone? Most people do now, I guess. Yeah. Do you have your driver's license on you? She don't. I had her drive. >> She don't. I had her drive it, cuz I normally drive. All right. You want my license? No, no. You don't have your license on you? >> No. You have your license on you? Just relax. Just relax. Relax. What is your name, ma'am? Fatiro. Fatiro. F A T I R O H And what's your last name? Can I see your license? Hold on, I'll take it. Go ahead. Yeah, I'm assuming this Hold on, hold on. Was it suspended for insurance? Yeah, 10-4. I'm sorry, your last name? The license is expired. the license in Pennsylvania? Yes. Okay. All right. So, you have your insurance on >> Yeah, hold on one second. Hold on. Matter of fact, let me get this. Did you change companies or something? Yes, first of all, yes, I changed companies cuz I was with I'm with Glazier now. Uh-huh. Who were you with? I was with Unison. >> Unison? So, here's what happens. When you leave one company for the next, the old company sends a letter saying they don't have insurance with us anymore. New company's supposed to send something and update PennDOT. Well, what they did This is what it was. We had an issue in December with my license saying that I didn't with what you're saying. I went to court and I was with um the Department of Transportation. They proved that I was with Unison was wrong, that I did not I've never ever lapsed in my Okay. >> insurance. You got to understand. So, what happened was It's crazy because they fixed one car, which is if you look at my Nissan I have a Nissan. If you call up my Nissan Sentra, my Nissan Sentra Matter of fact, Sergeant, look at my my um Okay. So, do you have If you look at my Nissan Hold on. Do you have any paperwork or any information from PennDOT that shows that I actually do, but it's at home, but it shows on the one vehicle cuz you're not going to have it on one vehicle and not on the other. Why don't you pull up your insurance for this, though? So, that way I can verify That way I can verify that you have insurance for this. That's my biggest concern. This The plate being expired is minor. No insurance is something I'm concerned with. >> it. I'm just trying to pull up my email. Okay. Because she just I had her send me the card. Sure. Um I just got this phone, so please forgive me. >> Okay. Enter Do you know how to pull that key out and then unlock Um Just hand me hand me the the thing right here. No, at the bottom. Just relax, Fatiro. All right. That's for driver's license identification. Right. >> There's the registration. Let's see that. It's blue actually. It's okay. It's okay. You can do whatever you have to do with it. We got to do Yeah, do what you got to do. She's got to take care of it together. I know. My mom is here. >> Just relax, baby. All right, so you pull that up and I'll be right back, okay? >> Okay, sure. Actually, once you pull it up, just show it to that cop right there. Say Yeah, what do you need? Can you just Sergeant, do you want to turn 10-4 a minute? Okay. What's up? Okay, I I'm not really like I'm a little bit skittish. I've been a little skittish. What's the matter? Um I'm dealing with a lot of things with the courts right now. >> Okay. And I'm sorry, my insurance >> Are you on it? I don't think so. I'm not sure. >> Relax. Okay. I know how certain things work like once you run somebody's names, if it is something out I've already been through this twice. What happened? I've been I was actually driving my baby father's car >> Uh-huh. and he didn't have his registration and stuff >> Uh-huh. and um actually had to go to court for that and actually took care of that and I was >> court cases do you have already? How many do you have already? Um so, I'm paying fines. Don't worry about the tickets. Just relax. You'll be fine. Hey, this is your real information, all right? Yes, I'm just Hey, relax, okay? You'll be fine, all right? Hey, how are you? I'm okay. What do you got? Hold on. I just got this phone, so All right, what Show it to him once you get it. Give me a second. Okay. 670 Copy. 20 right? I cut and pasted some information there. If you just want to confirm that. You guys have a copy? Yes. How'd you make out there insurance? >> I believe me, I have it. I'm trying This is a new phone. I'm on Is it signing your email in? I'm on but it's mix It looks like it mixed Google with Yahoo. I have a Google? Okay, just just let's download the Yahoo. >> Do you know your password? Yeah, like >> Okay, so go to the internet 1070 >> Section 1371, suspended registration. Section 1543, suspended license. Section 1575, owner liability for unlawful operation. Section 1786F, the 5-day insurance safe harbor that ultimately dismissed the heaviest citation. No statute, no charter grants oversight members any roadside immunity. Under Graham versus Connor, civic titles are irrelevant to the analysis. So you're going to receive citations, okay? For what? For vehicle code violations. You have a suspended driver driving your car. You have an unregistered vehicle. You have no Proof of insurance. You have a suspended plate. Um, you have window tint, okay? Let me tell you something. I've been driving around with this car I don't know how long. You're trying to [ __ ] with me and I'm not going to Whatever you need to do, you do it. Whatever you need to do, whatever you need to do, like you said, we right here. So whatever whatever you need to do, you do it. So so go ahead and Your position isn't going to get you out of trouble. Listen. I'm not even worried ABOUT IT. BUT YOUR POSITION IS GOING TO GET YOUR ASS FIRED. That's what's going to happen. That's what's going to happen. That's what's going to happen. Okay, you can tow it. You all good? Period. Go ahead, say whatever you See, you you want to be cocky. You want to be cocky. No, I just don't like when people try to use their position. No, I don't have to use my position. I've never done it. You know, YOU BETTER ASK YOUR BOSS. YOU ASK YOUR BOSS. You know what? No, cuz when I GET HOME, WHEN I GET HOME, I'M CALLING THEM. Call them now. SO I'M GOING TO TELL THEM to pull your [ __ ] tape and then like I said, YOU'RE GOING TO LOSE YOUR JOB. OKAY. Cuz you got me [ __ ] up. Okay. And then what's going to be the charge for that? The citizen advisory board for the police or something. We're supposed to be reviewed by her. You'll see her in You you you'll see my case in the two of us now. You'll see that. She's a She's I didn't say that on this one. It's a no way. She's the assistant. We We made a look at that. Yeah. Well, she makes herself ridiculous. Oh, here. I'll give you my Business card. Here. Here. You got Here. No, look at No, you take that right there. There you go. You want to be a [ __ ] Yeah. You want to be a [ __ ] Don't even worry about it. Thank you. I appreciate it. Yep. Your ass going to be right on the [ __ ] news. Yeah, bring it. You're going to get it right in the news. >> Bring it. Yeah, there you go. Review committee. Listen. Yeah, nice. Out of the road. OUT OF THE ROAD. GUESS WHAT? YEAH, OUT OF THE ROAD. GUESS WHAT? YOUR ASS and I bet I bet you're going to have your [ __ ] job. Okay. I'll hold you to it. Review committee, that's a good one. Bye-bye. Watch that. Watch that play it now. Why hasn't that ever panned out that way? I have no idea. I don't know. Well, maybe cuz she's honest. That could be one of the reasons. She's going to be I'm going to lose my job. Beyond the news. Yeah, okay. Well, I'm keeping my mouth I'm No, what I'm going to say? I'm not even going to write anything. I'm going to do my tow report. I'm going to send a thing saying, "Just reviewed the body camera." End of story. Officer Duffy, A minus. Lawful stop, proportionate enforcement, textbook de-escalation. Deducted only for a post-stop aside captured on camera. Ms. Dugan-Smaglinski, F. Not for the minor traffic offenses, but for weaponizing an oversight position against the officer enforcing it, then filing an unsupported profiling complaint. Her own committee voted her out. Fatima Dugan, C. Cooperative at roadside, reckless in the choices that led there. The city of Wilkes-Barre, A. Transparent release, independent investigation, self-correction. Six lessons every party can take from this case. For officers, the camera records the entire shift, not just the confrontation. Discipline your words after the stop as carefully as during it. For oversight officials, your authority exists to evaluate conduct, never to escape it. Invoking position at a traffic stop destroys the legitimacy you were chosen to protect. For drivers, keep proof of insurance accessible and know the 5-day safe harbor. Never let someone drive your car on a suspended license. Section 1575 puts the fine on you. Comply at the scene, challenge in court, not on the shoulder. For the public, unedited body worn footage is the most reliable record of any stop. It protects officers and citizens alike. For institutions, credible oversight requires the courage to discipline your own. Release the footage, trust the record. And a final principle, accountability is a two-way street. The same cameras that hold officers to account hold the public to it as well. Comment below with legal topics you would like us to cover. Thank you for watching.