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I am on canes. I cannot stand on my own. Out of the car. >> I CANNOT STAND ON MY OWN. GET OUT OF THE CAR. [laughter] You see THE SECOND ROW. YOU WILL SEE THERE'S TWO CANES THERE. GET OUT OF THE CAR. >> I cannot stand on my own. Out of the car. >> I just had surgery on. >> Get out and lay down. >> Okay. >> Okay. Just >> stop fighting. >> Get your watch. You will not put them. >> Stop fighting. I'm going to tase you right now. GET OUT. >> YOU WILL NOT PUT THOSE CUFFS. >> GET OUT NOW. YOU ARE ABOUT TO BE TASED. >> You will not PUT THOSE CUFFS. >> GET OUT NOW. YOU WERE ABOUT TO BE TASED. >> A man is sitting in his car on the side of a road in Hillsboro County, Florida. There are two walking canes in the back seat. He has had back surgery. He tells the deputy standing at his window that he cannot walk without them. That deputy is pointing a taser at him and counting down. Now, I want you to hold on to what this is about. Not a weapon, not drugs, not speed. a cartoon graphic in the middle of his license plate. The man in the car is a third-year law student. He is a pastor. He had already been to the DMV about that plate and the paperwork is sitting in the vehicle he is being screamed at to get out of. So, watch how a sticker turns into an arrest and listen carefully to what this deputy says later on his own body camera when he thinks he is just talking to a colleague because he tells on himself and it is the single most important thing on this tape. I'm going make this real smooth. I got a dash cam going. I'm going to give you about 2 seconds. Explain to me what you call me for cuz I have not committed any traffic violations. >> You can't have the design. You have >> Yes, sir. You can't. I'm a thirdyear law student. This is not something you want to do. >> Sir, please. >> Okay. What is the first of all, that's not Get your watch coming out here now. Hills Road 2 Delta now. >> Can I get a 1094? >> Get your Let me call your sheriff just so get your watch out here. Get your watch commander out here now. And that body camera driver's license. >> You will not Okay, >> let me see your driver's license. >> Okay. >> To Delta 15. Can I have a >> Get your watch commander out here now. >> Get out of the car. >> Give me your driver's license. >> Okay. >> Give me your driver's license now. >> Okay. This is what >> Give me your driver's license. >> You have no lawful reason to open now. >> You have no lawful reason to open THIS DOOR. SHUT >> THE HELL UP NOW. Driver's license. >> This This body camera is going. >> Driver's license now. >> This is what I'm going to do before I pull it out. >> 104. Driver's license now. >> Get them on the phone. >> Get your watch commander out. >> Give me your driver's license now. >> Get your watch commander out here now. >> Give me your driver's license now. Give me your driver's license. >> Baby, I'm being >> Stop. Give me your driver's license. >> OFFICERS TRYING TO GRAB YOUR DRIVER'S LICENSE NOW. >> OKAY. >> Give me your license. >> You have He has Baby, he has a weapon. >> Unbuckle your seat belt with your right hand now. >> Get your watch. Come here. Unbuckle your seat belt with your right hand now. >> All right, just calm down. >> Just calm down. >> Just calm down. >> Keep your hands there. >> You just [ __ ] the lawuit. >> Keep your hand there. Calm down. >> B. He has a weapon pointed at me. >> Do not move. >> Get out of the car. >> He will NOT MAKE ME GET OUT OF THIS CAR. NO. >> Get out of this car. >> Let's start with the stop itself cuz everything downstream depends on it. The deputy cites Florida statute 316.605. That is the statute about license plates being displayed so they can be read. It is a noncriminal traffic infraction. In plain English, it is a ticket. At the very worst, it is a fix it ticket. And I want to be fair here. If a plate is altered, so it cannot be read and officer absolutely can't stop that car. That is a lawful stop. I am not going to pretend otherwise. But hold on to the ceiling on this thing. The maximum consequence for what he was pulled over for is a piece of paper. Nobody goes to jail for a license plate. So the question for the next 50 minutes is not whether the stop was legal. It is how a piece of paper turned into handcuffs. Quick one. What you say and don't say at a stop exactly like this one is what my know your rights playbook is for. Plain English. No law degree needed. Link is below. Now back to it. >> Now get out of this car now. >> Keep your hand on the steering wheel. >> Stay right there. Do not move. >> Get your arms in here now. That body camera better be >> That body camera better be worn. You will not point that weapon at me. I have done no unlawful criminal command. This is a civil traffic stop. You have no lawful reason to pull that weapon out on me just because we're having a verbal dispute. >> You have lost your mind. I WAS YOU. YOUR BADGE WILL BE REMOVED TODAY. YOU CAN BEST BELIEVE THAT. >> What he said. >> We were just sitting here arguing. I NEVER DID ANYTHING UNLAWFUL to you. HAVE YOU LOST YOUR MIND? Just do what he says. >> HE HAS A WEAPON POINTED AT MY FACE. BABY, I need you to get I >> I need you to get a >> I need you to get the attorney on the phone now. >> Stop. Stop fighting now. Baby, stop. Baby, you're going to have to go get this. >> Stop fighting now. >> I am on the car. I cannot stand on my own. Get out of the car. >> I CANNOT STAND ON MY OWN. GET OUT OF THE CAR. >> YOU SEE THE SECOND ROW, YOU WILL SEE THERE'S TWO CANES THERE. GET OUT OF THE CAR. I cannot stand on my own. So, >> get out of the car. >> I just had surgery on. >> Get out and lay down. Bad. >> Okay. >> Okay. Just >> stop fighting. >> Get your watch. You will not put those fighting. I'm going to tase YOU RIGHT NOW. GET OUT. >> YOU WILL NOT PUT THOSE CUFFS. >> GET OUT NOW. YOU ARE ABOUT TO BE TASED. >> You will not put THOSE COPS. >> GET OUT NOW. YOU ARE ABOUT TO BE TASED. >> You're about to be tased. >> You're going to be stripped in your badge today. You're going to be stripped today. >> Get down. Get down. >> He has a weapon pointed at today. Get attorney, baby. I need you to get attorney Malik's ass on the way now. >> Now get on the ground now. Get on the ground. >> I don't want to pull you down if you have a bad back and slow down my back and get down. >> You cannot let me get on my back. >> Sir, I'mma lean here. This is my real deal. >> Get down. I'm telling you right now. If you don't get down if you don't, >> baby, you don't get >> Okay, baby. Stop. >> Okay, this is what I'm going to do. This is going to be a long You're on my back and I just had surgery. I just had surgery and you're on my back. >> Yeah. Stop fighting me now. >> Yeah. Thank you. >> Yes, sir. >> Thank you. Thank you. >> Going to be a lawsuit. >> This is going to be a lawsuit. >> You get 1075. these people. >> Okay, get out of the car. He says it more than 20 times and legally he can there is a Supreme Court case from 1977 Pennsylvania against Mims and it says an officer who has lawfully stopped a car may order the driver out of it. No extra suspicion required. That is settled. So the order itself is lawful. I want to be honest with you about that. Um, but here is what MIMS does not do. It does not tell you how fast to escalate. It does not put a taser in your hand at second 40. And it does not answer the thing this driver is actually saying, which is that he physically cannot comply the way he is being told to. He is not refusing to exist. He is saying, "I have two canes in the back seat and I cannot walk." Watch what that gets him. >> I got one detained. It's okay. It's okay. I'm okay. It's getting in my chair right now. >> I'm good. Thank you. Thank you. Thank you. >> You got anything on you? >> I can watch everything and >> all right. Take care. >> Thank you. out. >> Sit up. >> It's okay. I'm on Hillsboro. >> Sit up. >> What I need you to do is get Sheriff Chad Cross on the phone. I need your patch number. >> I got a license conservation. >> That's fine. I I'm giving you my knee so you can lean on it. >> I just had surgery. This guy came up here threatening me already with his hand on his weapon. >> He's fake tag he's got. >> Yeah, >> that's not a fake t. >> He's got that joker description on stand up. Come on. >> I just had surgery. >> What? >> Put your leg in. >> All you had TO DO IS TAG AND A TICKET. >> SO, YOU'RE DOING THIS over a tag ticket. >> Okay. You just lost your job. >> Yeah, he did. >> Okay, watch this. You should see my shirt. >> You see that tag he's got? >> You should see my shirt. >> You should see my shirt. You just lost the job. >> Get your lieutenant out here now. I AM THE NEPHEW OF the captain of Co County. >> Let's bid on it. This is going to spark a lawsuit. >> He's a sovereign. >> This is going to spark a lawsuit. >> Okay. UH, GET YOUR LIEUTENANT, PLEASE. >> You kiss the corporal. >> Widen your stance. >> Widen your stance. >> Okay. >> And stab a simple ticket of you to fix your tag and you turn into this. And now you want threatening me with your hand on your weapon. I was in fear for my safety. >> So, you're going to lose your job. All right. >> This is a civil traffic violation. Even >> you turned it into this. You're right. >> Okay. We'll see. The I hope that body that body camera better been rolling. It >> is. you got. >> Now, please make sure you get my canes. I have issues walking. He says that out loud on camera while he is being taken out of the vehicle. And I want to be careful because this is where people get emotional and stop thinking. Being disabled does not make you immune from arrest. That is not the law. And I am not going to tell you it is. But it changes what a reasonable officer is supposed to do. When a person tells you they cannot walk, you now know something you did not know a minute ago. The command to step out has to survive that information. Repeating it louder is not a plan. And uh remember the ceiling. All of this is happening over a graphic on a license plate. >> Four of them here. >> Okay. They weren't here when this started. >> All right. Well, my >> Make sure on this report that that your badge numbers are all listed. Make sure I'm in support. I cannot fit there. >> You're going to fit in there. >> Watch this. >> Okay. >> Good job. >> Yeah. I get there and I'm like, "What'd you pull me over for? I need your lieutenant. I'm calling the sheriff." >> Um, we're towing this, right? >> Oh, yeah. Hell yeah. Well, we need to do an inventory search. >> Oh, yeah. We're definitely doing that. That's what I'm doing right now. >> Make sure you get them loose out here, please. >> They won't come. >> Oh, they won't. >> They don't need to. >> Huh? What's going on? >> So, I pulled them over for this tag. >> Yeah. >> It's fake. >> I mean, it's not fake. It's a real Florida tag, but this design that Florida doesn't have that. Okay. >> So, you can't do that. He's changing the He's altering the 10. 3165. >> Nice. >> Pull him over for that right away. Stop over here. Shaking. I'm going to call the sheriff. I'm going to call the sheriff. Give me your ID. Give me your driver's license. Give me a driver's license. No, I said he's a big guy. >> Hang on. He said no. >> Yeah. >> Okay. You going to charge him with obstruction, right? >> Yeah. He's He's going for resistance without right now. >> Yeah, that's true. >> And that's why I get him at I get him at taser point and I'm like, get out of this car and he's big, dude. I couldn't get him out of the car. Yeah. >> So, I heard somebody close by. I said, "All right." And then he was he was getting out slowly and that's when I was able to pull him down. >> So, you're doing this over a tag? That is the question he keeps asking and it is the right one because the answer is no. He is not being arrested for the tag. He is being arrested for resisting an officer without violence. Now, think about what that charge actually is. It is not an offense he committed before the deputy arrived. There was no resisting until there was an order to resist. The traffic stop produced the crime it then punished. That is a real category of case and it has a name in the accountability world. Contempt of cop. It is not in any statute book, but you can watch it being written in real time right here. >> I was able to pull him down and get him. >> Hey, did you run the actual bin yet? >> No, not yet. cuz there might be more to it. >> Yeah. >> Holy hell, dude. Yeah. >> Check that CCW on that, too. >> Oh, he had a gun in the seat and everything, man. >> Dude, look at his phone with my mommy. >> That's his girl. She was just calling him. >> He has a CCW. We need to check that. >> He was reaching over this way. That's when I got him at taser point. I'm trying to track him. Here you go. He's got a permit. So, >> well, he's got a permit. He's good on that. >> I mean, he can have it. >> But running, I mean, you never know if it's stolen or not. >> He can have it. It's just one of those things where, >> you know, if he feels I feel like he's a sovereign citizen, >> listen to how he explains it to the other unit. He says the driver went for resisting and that is why he got him at taser point. So the sequence in his own telling is refusal then taser. Um and there is a real legal doctrine underneath that. In Florida, refusing to identify yourself during a lawful detention can become obstruction. That is a genuine rule and I am not going to handwave it. But look at the gap between that rule and what you just watched. The rule tolerates an arrest. It does not require one. It does not demand a taser. Every step past the ticket was a choice somebody made and every one of those choices was available in the other direction. >> Road. >> Yeah. >> Is that the regular? Is that the No. Does it say R? >> These are start. You know what? Hold on. This is for this and these are for this. What is that? >> That's the same thing for placard. Taco Bell. >> I thought I smell I thought I smell man. Let me go. I'll start running him and checking his uh >> van and stuff real quick. How you doing? >> Good. How are you? >> Doing well. >> I saw this car yesterday and I ran the tag and I said, "This is a thing." But I was going to another call. I just got lucky enough to see it again today. You are. You are, but I got to impound it cuz you're going to jail. >> What's the charge? What's the criminal charge? >> Resisting officer without violence. >> Okay, >> that's you. There has to be a criminal offense. I had committed a criminal offense. >> Yeah. Not giving me your ID. >> You're going to lose your job. >> That's fine. on a 13 county road in Thompson Road to break the law. >> A white male charging me with just resisting arrest. >> No, not yet. >> Yes, you're going to jail for res and you're getting a ticket for the tag. >> Okay. So, a civil traffic violation and you put your hands on me with your hands on your on your on your >> Yep. Once you once you refuse I didn't put my hands on my gun. >> Your hand was on your weapon as soon as you approach. >> Not my gun. >> Yes. Again, just so you know, that vehicle has >> That's fine. My hand was never on my gun. >> Yeah, I think he just sold. I mean, look at this. You see his tag? >> I saw this car yesterday and I ran the tag stop on that sentence because it changes the shape of the whole thing. This was not a deputy who happened to notice a plate in traffic. He had seen this vehicle the day before. He had already run it. He came back for it. Now, that is not illegal. An officer is allowed to remember a car and allowed to run a plate. I want to be precise about that. But it does tell you this stop was not a spontaneous safety concern. It was planned. He decided in advance that this car was going to get stopped. And he will tell you in a minute exactly what he had planned to do about it. >> I'm not averized. You >> just Hey, sorry. Um, so I uh pull this car out. That tag is fake. >> I mean, it's a it's a real tag, but the design on it is fake. So, you put a fake design on the tag All right, it's still going to have to be impounded just cuz he's going to jail. >> Okay, that tag is not approved by the DMV. Like I said, you just made a horrible mistake. You just made a horrible mistake. >> You just made a horrible mistake. That was approved BY THE DMV. I HAD TO GET PERMISSION from the DMV. Hey y'all, just just be wary. Let me say the uncomfortable part because you are watching it and I am not going to pretend I am not. This driver is not calm. He is talking over the deputy. He is invoking who he knows. He is announcing lawsuits from the passenger seat. If you are wondering whether being that combative made this worse, honestly, it probably did. But here is the line that matters and it is the whole ball game. Being difficult is not a crime. Being loud is not a crime. Telling an officer you are going to sue him is protected speech. The First Amendment covers speech that irritates police. And courts have said so repeatedly. The standard is never whether he was pleasant. It is whether what happened to him was lawful. >> If you could just do me a favor real quick. >> You better have SOMEBODY RIDE IN HERE WITH YOU BECAUSE I DON'T TRUST YOUR LITTLE RACIST piece of [ __ ] ass. >> Uh, just take a picture of the tag for me. >> Please do. >> We'll probably have to take >> a picture. >> Take a picture. It was approved by the DMV. You stupid racist piece of [ __ ] NOW I'M GOING TO GO AFTER YOUR BADGE. THEN I'M GOING TO MAKE SURE YOU NEVER BECOME a law enforcement in this state again. You should have looked at my shirt before you went off and did that dumb [ __ ] with your hand on your weapon. You racist piece of [ __ ] This is going to be dropped and I'm going to shoot you. >> You don't see I have no criminal history. This is stupid racist piece. You just opened up a whole can of worm for a lawsuit. I am the co-founder of the one of the biggest civil rights group. Yeah. Yeah. >> You lost your freaking mind. >> But best believe I'm here to stare you down while while you're being stripped of your law enforcement credentials. And no, I'm not a sovereign citizen. I'm just a man that knows the law. But your gracious behind wanted to mess with a black driver. Then have YOUR HAND ON YOUR WEAPON WHEN YOU APPROACH HIM. >> All right. Come on. Your tag is so dark. How can I even see who's in the driver? >> You're a mother freaking liar. I couldn't see the the the front the front tent. You can see right through it. It's legal. >> I wasn't in front of you. I was behind you. >> Okay. Okay. Black. Okay. >> So, you said you can't see through that. Okay. >> I can't see who is driving. I can't see the skin color of the person. I can't see that. >> Okay. So, you're arresting me with resisting arrest without violence. Correct. >> Without actually you have you have to suspect committing a criminal offense, not a civil. >> All right. >> But it's okay. A press conference will be done in the morning cuz they're going to release me on I'm I'm going to shoot the hell out of you. You made a horrible mistake. Now, where can I retrieve where am I going to be able to retrieve my weapon in my lawyer? This is not a lawfully committed. This is not a a disqualifying offense. How am I going to be able to retrieve my weapon in my stockp 2210 uh North Fenberg Road? >> Okay, I'll go there and pick it up. >> Monday through Friday. >> You lost your mind. Now, you need to make sure you get my cage. Such a late night just had a lumbar potion surgery. Now again, you just opened up yourself to a bad can of worms. Boy, this pissed me off. You racist piece of [ __ ] you are. Never thought y'all actually do that to me. Boy, you lost your mind. Okay. All right. It's okay. I got a trick for your ass. >> Is that a threat? No sir, I don't threaten law enforcement. What I'm saying is I will and I'm not I'm not going to stop until you are stripped of your law enforcement credential. I would never make a physical threat to harm you or any member of law enforcement, but I will come for your law enforcement credentials. You should look me up on Google. You'll know who I am. >> Not above the law, but you have no right to approach me for a tag that the DMV approved. >> It's not a DMV approved tag. >> THEY'RE THE ONES WHO SENT IT OFF. I HAD TO PICK THE DESIGN THROUGH THEM. >> I'm looking at the designs right now. I was going to show you. >> YOU STUPID LIAR. THEY GIVE YOU THE OPPORTUNITY TO PUT A A A TEAM LOGO in the center. A team logo. >> Multiple different designs you can put in the center. The only thing to me saying I can't even have the color either. >> You ready? You ready for this? >> Go ahead. Go ahead. >> For a second. >> Okay. I'm going to try to show you so you can be educated. So you see this? >> Oh, I see it. >> All right. Ready? I'm going to go. This is the whole list. Look. Florida DHSMV license plate. These are their These are their approved specialty license plates. >> Are you still looking at it? >> Just making sure. >> And here I can uh I can [clears throat] put this one here so you can see. >> So you can see >> and I put And I can see right here it says Sunshine State. >> So you put something over this. >> Come on. to say about the president. >> Whoever you whoever painted it for you, it was wrong. >> Okay. >> And you could have just gotten a ticket and been on your way. >> No, it's okay. I'm going to sue you. You had no lawful reason to have your hand on your weapon when you approached me. I'm going to make sure I testify to that. My credibility is well well above average. Going to have to dismiss me and I'm going to sue you. Just like you just open up a bad There was no probable cause for you to have your hand on your weapon and physically assault. I had my license in my hand. before. >> You want me to get on? >> Yeah. >> Racist piece of [ __ ] >> Huh? >> Just had a sergeant stripping his ninjas. Now you want to play this game? >> My sergeant's right here. He's been here. >> Oh, bring that sergeant here. >> But he don't want to talk to you. >> Okay. That's not a sergeant. Where's the three strikes? >> He Okay. You just don't see it. He's literally got gold badge. He's got gold everything. >> Okay, great. I need to speak to the sergeant, please. >> Now, again, all this is going to be on body camera. I'm going to request it. I'm I'm requesting you speak to your sergeant. You had your hand on your weapon when you approached me. You lost your mind. And that battery camera better been on cuz you're going to have a hard time explaining why it wasn't if it wins. That whole time it's going to show your hands moving side to side. Now, please make sure you get my canes. I have issues walking. You have no right to physically assault me. I am also going to press charges. >> This was a sergeant. Sergeant, I need to speak with you, please. He >> talking to me? >> Yeah. He wants to talk to you. >> Want me to roll the window down? >> Yeah. Open the door. Sergeant. Yes, sir. I am the co-founder of a civil rights organization. I'm sure you probably well that I'm wearing the shirt. This this deputy already had his hand on his weapon when he approached me. I'm a thirdyear law student at Stson. Your sheriff knows me very well. I'm also a pastor of a very big church in this county. Okay. Your your deputy had his hand on his 9 mil when he approached me. I have a dash cam that's on that that's going to show that that's in that vehicle. >> He asks for a supervisor over and over and eventually a sergeant does come and that is the correct instinct. If you believe a stop has gone wrong, asking for a supervisor on scene is one of the few things you can actually do in the moment that creates a record. Notice what he tells that sergeant. That he is a thirdyear law student, that he is a pastor, that the sheriff knows him. I understand why he does it. He is trying to find the one sentence that makes this stop. It doesn't work. And it is worth sitting with why. Your rights at the roadside are not supposed to depend on being important enough. If the only thing standing between you and the back of a patrol car is whether you can name somebody, then most people have nothing at all. >> Now, when he approached me, now that license plate, whether his interpretation of approval or not, I had to go through the Florida DMV to get that approval. They partner with a plate an organ uh something called plate makers. What they explained to me is that I cannot deface the the state of Florida up top and I cannot alter the tag numbers unless I paid additional to have a modified thing that read my name or whatever. They sent it off to this place and this place had to mail it to me. I was issued a temporary tag. If you see this is a 2024 Kia Carnival. I just got this one. The dealership gave me a temporary tag. I immediately went to the dealership. If you see in my glove department of that vehicle in the center, you're going to see a paper from the DMV that's going to show everything I refer to. >> You want me to do the uh Did this just come through or >> Yes, it just came less than uh less than a week and a half ago maybe. It took them over two months just to even modify. They were having issues. >> Where where is this sheet at? >> It's in the middle in my It's in the center because the original >> Would you like me to get it? >> Yes, please. And then you're going to also see two papers where she sit on the driver's side on the table. You're going to open it. You're going to see two papers. One of them because you're going to see that I had the color change. The initial color was astro blue. >> I have the color change. You can see the blue in the center or that color. So, as you know, I had to register that >> the color change. Correct. Yeah, that was a $3. >> When I went there, I also wanted to change the color because I saw it online. I invite for the >> Yes. So, they said, >> now watch this because it is the most important thing that happens in the next 20 minutes and it is easy to miss. He tells them the paperwork is in the car. He went to the DMV himself about this exact plate and the documents are sitting in the vehicle and they do go and get him. A deputy comes back with the papers and goes through them page by page. The color change registration, the temporary tag, the receipt for what he paid the DMV directly. So the check does happen. Somebody does walk over, open the door, and look, it just happens now after the taser, after the handcuffs, after he is already sitting in the back of a patrol car under arrest. The document that was supposed to inform the decision got read after the decision was already made. That is the whole problem in one sentence. >> I wanted the certain designs I would have to go to the DMV for a seat approval and of course I went to the I went to the um >> you have something from the DMV saying yes in there. >> Yes. I will get two papers. >> Yes. >> Okay. All right. Be right back. They told me I had to wait additional 30 days because the registration was not sent over from the dealer that I bought it from and they couldn't change the color, but they sent me they gave me a paper to show the color was changed and from the tag. >> So I looked at you like you're crazy when you approached me. You made a horrible mistake. This should be a folded up. It's a longer piece of paper from there. >> Yeah. >> Yeah. Also, when I tried to change the color cuz they said that the dealer had not sent over they said it takes up 60 days from the date of purchase for the dealer that you bought the deal from because I was trying to change the color. So as you >> they have been having some back. Okay. So is this uh something? >> It should be two pages. Yeah. Um it should be two pages in front of the DMV showing. >> I'm not sure we're looking. That's >> Here we go. So this is to change the vehicle's color, right? >> Yes, I understand. We'll hang on to that. >> All right. And then you said there was something for the tag. >> Yes. It was a receipt because I had to pay the DMV. It should be a temporary registr. Do you have registration already? >> I do not. No. So registration out of there is that I think that should be Is that the >> registration? Okay placard. There's the actual placard. >> Yeah, they give you two. Hold on. No, they gave you two. So these are the all Is there another paper? should be in the center. It's Wednesday. It's a paper, a white paper. It doesn't look like that from the DMV, but it just shows a receipt and it just shows how I even had a follow-up appointment because they >> Okay. the actual. >> You want me to read it for you? I have it right here. >> Let's see where it starts. >> Lower than 12 in off the ground. No more the thing. And in such >> the other papers so >> I don't >> there's nothing else in >> maybe. No sir. I mean you got >> me and my wife on the same vehicle. Uh she has a right when I have a I have this one. >> It's a possibility. It's in the center. >> Yes. But uh uh uh her number is 678 cuz I can make her set. >> Did somebody say she was coming or something? >> She she's I I highly doubt she would make it here in time before I'm transported to Okay. Uh uh but I I I believe she called trying to get information. What I'm trying to explain is >> there's no way they had to send that off to them. The actual tag, the tag looked like a regular one at first. It was a regular with a sunshine stick. >> They had to send me to give me There should be a temporary tag >> that I had to do. You have that temporary tag. >> It should be in the vehicle or in the other part of the glove compartment or actually um on the other side. >> What do you mean? >> Um um the the the temporary tag was not even a temporary tag. It was an act um um it was an actual real Florida license. Um uh we traded in for this vehicle. We traded in a 2022 Kia Sarrento. I tried to keep the same tag, but I guess um there was some issues or something with I don't know some issues where they decided to go new when I finally went to the DMV, so I had to pay the fee. Um, but it should be if it's in this vehicle or if it's not in the lights, it would be on the either in the the the dashboard that's on the passenger side in front of the passenger side seat or it's going to be on the passenger side door panel. I'll look for that. I'll read it to you. Ready? in the center line of the vehicle and in such manner as to prevent the plates from swinging and all letters, numerals, printing, writing. And now the machinery starts and this is the part nobody puts in the news package. His property gets bagged. His vehicle has to be dealt with. He is going to be transported. Every one of those steps has a cost attached to it. And every one of them lands on him and not on the person who decided to make this an arrest. This is what I mean when I say the ticket was the ceiling. The ticket was a piece of paper and a fine. The arrest is a booking record, a vehicle, a day of your life, and a court date. Same plate, same car, same sticker. The only variable that changed was a decision. The registration decal and all alpha numeric designation shall be clear and distinct and free of from defacement, mutilation, grease, and other obstructing matter so that they may be plainly visible and allegible at 100 ft from the rear or the front. In this case, the rear. So, you see right here where it says Raider Nation, >> correct? >> You know what a regular Florida tag says right there? >> Uh, it got to be trusted. >> It It can say that. It can say the county or sunshine state, which yours says sunshine state. >> Okay. >> Which I cannot read until I I can literally see the indentions. But you deface this tag by putting this Raider Nation on. >> That's the illegal part of it. >> That's part of it. This joker tag right here is is obstructing the alpha numeric design of Florida and the printing of the state of Florida cuz per your registration. >> Yes. But it'll say right here what tag you have. You have a regular Florida tag. So if you got a decal one with a with Florida state It would say it. >> You see, there is another magazine in there. A uh there's another gun mag in there. >> Yeah. >> My weapon should have came with my weapon. I am on fire. I'm My weapon should have signal. Um this these are the only other papers in there, man. Nothing in the glove box. uh other than like the manuals and stuff. And then >> what I'm going to probably have to do at court is to just get the other. It's a huge possibility. It's in my wife's vehicle. I can make her send pictures. Uh we have the same vehicle. You're going to uh a 2024 Kia. She has a white >> so she could have the picture. >> It's a possibility cuz we switch cars often. >> Okay. All right. But you know, obviously um >> I had to go to them to get this. They explained to me that they partner with a place called Blake Mix. They explained that they melt back when the place actually sends it. >> So, so this is the the DMV that you was there a specific person who spoke you there? >> Um, it's been I don't remember the name, but >> you know like at the tax collector's office. >> Okay. So, you spoke with somebody there like physically or >> Yes, they had to take me to the Met because I had to pay I was willing to pay because they said I had to pay a $3 fee for the new registration for the color of the vehicle and then for the tag I had to pay it was like 280 something something something plus I used credit card to make the payment and they charge a percentage to use the car. They sent it off. They issued me a temporary tax. explain. >> Well, obviously, you know, you know that you're not being convicted right now, right? You said you're a curve here in lawsuit. Correct. So, you you know, >> I'd be able to train this to a judge. >> The only thing I ask now, he's charging me now. What he's saying he's charging me now is with resisting arrest in order for him to lawfully do that. I had I had been committing an actual crime for him to actually detain me. I had my license in my hand when he snatched me and had his hand on his 9 mm. His body camera is going to reveal this. Now, at first we were arguing because again because I went to the DMV, I could not understand for the life of me why he was putting me over claiming tact. But I took my license out, had it in my hand, and he snatched me out of the DMV. I never once made any criminal behavior. Never once threatened him. He I just had surgery. I'm using two games, and he's forcing me to sit up. I'm losing I'm feeling in my left hand. All I'm asking are you doing that currently speaking to my computer that we don't I do have unlock the door. >> Do you have a extra set of cups? >> So I can double cuff him. I only have one cup. >> Get in the second bowl of the big >> All right. >> I'm going to double cup them. He's going to get it. I don't have an extra set of cups. >> Okay. Thanks, sir. Take the cage or whatever. >> We're going to We're going to double cup you so it's wider. >> Okay. >> All right. Put this back for me. >> Is that one out? >> Huh? >> Yeah. >> Turn around. >> It's just on the left side. It's cutting off the circulation. >> Left side or the right side? >> Has to be tight. The left side it's cut off the circulation of my hand. I'm saying half. >> Well, you're a big guy, so we're going to double cuff you. That's that's why it's light. Grab my wrist. You got it. Got my right wrist. It's a little tight on that side. Grab my wrist. Grab my wrist. Okay. Go ahead. >> If any weight this can be loosened just a little. I understand it has to be. >> I'm literally doing it right now. >> Okay. >> I'm not I'm not playing with your hand just to play with it. >> Yeah. It was just tight. It could happen. >> That's as loose as it can go. Looks loose there. I can get a finger right there. >> No. No. It's fine. >> And then you're double cuffed. So >> go ahead and have a seat back here. >> Can you hold on to my shoulder? I just want a bone. I did, but I just have a spinal piece of circul. >> I believe you. >> Yeah, this is a lot better. Thank you. I can feel my hand. Let me just get it. Are you getting enough air back there? You might on the other side here. >> Okay. Just hang tight for a second. >> You need me? >> Yeah. >> His wife's coming. >> I don't think so. >> I think dispatch told her to um not come. Muting. While this plays out, I want you thinking about a question. If you are the deputy standing here now, an hour in, what does winning look like? Because the traffic violation is still unwritten. The plate is still on the car. Nothing about the thing that supposedly justified this stop has been fixed by anything that happened since. Whatever this became, it stopped being about the plate a long time ago. license out but got >> just that and then he's getting a ticket for the tag and then we're going to take the tag cuz I'm going to impound it as evidence cuz that's the evidence to the crime, right? Well, >> that's evidence to the uh All right. So, it looks like your your wife is here. >> So, asking about worldwide. >> It's a DVD, but just in case for your protection. I think there is two more magazines in my black field. If it's in there, it's going to be located in the passenger side front. My wife is a concealed fire. >> What do you like they're just sitting there on the on the >> It'll be inside the glove park just >> Well, they're not going to jump out and find but thank you. >> Well, yeah, we'll we'll see if if we uh locate those. But so I'm asking her about this paperwork then from the DMV >> for the tag. Yeah, exactly. >> Okay. See her. She has patrons. We did the same thing. Just two different. >> She has siminals. >> You talking about her tag? >> Okay. Yeah, >> that one's legal. That one's legal. >> They both got at the same place. >> Yeah, but this one you can tell you put something on it cuz it says Sunshine State. >> But I didn't do it. >> Well, you still had it. That's That's not the You're not going to jail for the tag. You're going to jail because you didn't refuse to give me your ID and you were yelling and screaming and you were resisting >> with prejudice. And then I mean again that's going to >> like I said it's a it's a ticket. It's a $113 ticket. 316605. >> Okay. >> Okay. You could have argued with me. Okay. Cool. Then we would have taken it to court. >> You had your hand on your >> I had my hand on my taser. I did. >> I know. >> Obviously you don't. >> Obviously you do not. >> Look at my credit. I'm just >> Is this address 4702 Pure Road a good address? and you're charged with resisting arrest suspect actually committing a crime and you have the charging resisting arrest. You can have police in custody for a civil traffic violation. >> I can when they refuse to provide ID. >> I provided you my but >> what's your phone number going to be? 347 946544. >> Also, can you just let her know I said to call like Malcolm? He's our attorney. >> All right. I'll let you talk to her. Okay. Okay. All right. So I just looked in your car two more. How many total? Cuz we we have three total magazines. >> Sometime magazines um other is that one which is And then I have what's called a Springfield XDM and my 9 mm. Uh those magazines would hold about 18 in the mag and I do remember them being so where would they be? They're not in the glove box. And if it's not there then I may have taken them out and put the box. >> They're not in the glove box to the >> Okay. And then you may have so we have this this uh firearm and those um I don't see the other. >> Now you do understand that under the law he has to suspect me of actually committing a crime in order to unlock lawy if I have my license in my head. >> So yeah you were you were legally stopped. So you know we're not going to sit here and debate the uh >> the case traffic violation. >> A civil traffic violation. I'm talking about to detain law. >> You were lawfully detained because of a traffic stop. You can't detain them for a civil treasure violation. No. No. Uh uh uh uh ordering them out of their vehicle or law. Supreme Court even just just reiterated in this matter. [laughter] You cannot order someone out of their vehicles. >> Were you identifying yourself? Yeah, this is this is pump registration Where are you? Where the vehicle going or something? You want that? wife or her if I don't see the other two. She says >> the other one I had I pulled out of the gun. >> Yeah. >> I checked. >> Oh, you did? >> Carl soda. Yeah. Thank you. Here. They can have this. >> What are you talking about? We just got these vehicles. We just got these cars. He painted it the color. It was blue. It used to be blue and he got it repainted cuz he didn't like the blue. >> The tags The tags illegal, >> huh? >> The tags illegal. >> They're not illegal. >> 3165. That's the Florida State statute. I read it to him in the back. >> But how's he supposed to know that? That's what I was the point of the stop was to let him know that. And when he refused to provide ID when he's lawfully detained under a lawful traffic stop, just got to provide ID. But >> how you supposed to know about the tags? Like >> that's that's that that was the point. I was going to do a traffic stop, let him know, hey, that's illegal. Probably let him out with a warning cuz I had to take my car to the garage and then when he's yelling and screaming that he's going to call the sheriff on me. I'm violating his rights. I said, okay, well, give me your ID. And I told him to stop two times. I told him the reason for it and I gave him the Florida state statute for it which is 316605. That's the Florida state statute. If you want to write it down and look at it when you go home, you can. I told him that. He says, "No, no, no, no. He's reaching around the car. I said, "I need your ID. I need your ID." When he's lawfully detained and refusing to provide ID, that's when it becomes a criminal offense. So once I made the determination that you're refusing to provide, >> I'll do whatever the [ __ ] I want to do. >> Okay, that's fine. You guys have a brown paper. Any of you have a brown paper bag? >> I got clear ones if you need that. >> Yeah. Anybody need this to put this stuff in? Yeah. Can you get two clear bags for his stuff and then probably two for this? >> Just here. You can put that in his wallet or give it to his wife. >> He wants with his wife. >> Okay. Yeah, he said. >> Yeah, they said it's up to him. The gun's coming though. >> Oh, yeah. Yeah, >> gun's coming. Oh yeah. She wanted >> I mean the text is clearly illegal. >> Yeah. >> And they're all like angry at me. I said, "Listen, there's just going to be it was just going to be a warning." So warning. >> That's all it was going to be. I had to go to the garage. They sent me an email. My fleet car that I have checked out that fuel card expires >> by the end of the month. So they sent me an email. That's why I was leaving. That's why I was 106 garage. Yeah, but I I forgot I had that fleet car and then that's when they sent me an email for that and so I was like, "Oh, well, let me go get this done right away." Oh, plus I got a depo at 4:30, but I'll make that. So, >> you're unstuck. >> And so, I I saw this tag yesterday. >> All right. >> Okay. This is the part I told you to wait for. The deputies are standing around talking to each other, not to the driver. This is shop talk between colleagues and their cameras are still running. Somebody says the tag is illegal. Another voice immediately says it isn't. And um I'm going to be straight with you. I cannot tell you for certain who that second voice belongs to. So I am not going to build anything on it. I don't need it. Listen to what Almagar says about his own plan in his own voice. He says he was going to make the stop, let the man know the tag was illegal, and probably let him out with a warning. a warning. And uh a couple of minutes later, in case there was any doubt at all, he says it a second time. It was just going to be a warning. I saw this tag yesterday. Someone took a terrorist, but I was 51 to a call and I couldn't stop him. And so I was like um I was like, "Okay, whatever." You know, that that thing was they'll see another day. And then I saw it. I said I looked at it. You know, I even Googled like Florida specialty joker plate. I'm like, "Let me be 100% certain." >> Yeah. They sent us they sent that email out like a week or two ago from FHP about the it was in the uh it was in this the fusion thing the fusion >> about the tags being painted and uh that's what that one is. >> Yeah. >> You know >> people making their own >> you can see it on it. You can see her tag. >> Yeah. So you can tell it's a regular Florida tag like watch this one. >> Yeah. You can tell it's that one. It's one of those. >> And then he he did put a painting over it. But again, >> honestly, if it's black and like the Joker picture is not there and you can see Sunshine State, you're good. That's a good tag. >> Probably. >> But everything else is >> pull that thing off. You can't see it. So you get taken off. >> Oh yeah. Which violates 6 365. Reason they're saying I had my gun. Let me tell you something. I can't >> Let me tell you exactly why that admission is so damaging. because it is not just embarrassing, it is legally significant. Up to this point, a defender of this stop has one good argument that the deputy genuinely believed he was enforcing a real violation and everything that followed was the driver's fault for not complying. That argument just died on his own body camera because he has now told us what his own plan was. Warning, not arrest, not taser, a warning. So, the plate did not change between the beginning of this stop and the end of it. The sticker is exactly where it was. The only thing that changed was that the man in the car argued with him. And you cannot arrest someone for the change in your own mood. >> Thought about it cuz when he reached over the passenger seat, put he put his wallet down. I thought about it. Is he >> Are you taking his property or is he coming with him? Okay. Let me verify with him. I mean, I'm his wife. >> Yes. >> Okay. Well, Sir, are you okay with your wife taking your wallet, your two phones, your chain, your AirPods, and that Florida State little keychain? >> Yes. Okay. >> I do. >> Yeah. And then the chain, Florida State keys. >> Was there a signal 4 that happened while we were over here? Where did they go? They just they just said, "All right, we're good." >> That's good. >> Jarvis 863. Keep calling. 86324201. Keep calling him. He doesn't recognize your number. >> You did the toe up, right? Yeah. >> Oh, perfect. I appreciate it. But yeah, I'm probably going to um take the uh I'll take him to jail and then um I'll probably have the wrong 10 at 4:30. It should be quick. Oh, you guys. There's a guy he had a warrant from the Hard Rock and he got in a crash. He was a passenger. Boyer runs him. It's like 5:30. Boyer's like, "You want to come take?" I come take it. So, I go and take the I go and take it and that's what the depos. So, >> good. >> Yep. I'm good here. I'm ready to go to jail. So, >> okay. All right. Let's get out of here. >> All righty. >> I gave your wife your wallet, everything else minus your gun and your driver's license. >> My tag and my license. uh and help you. >> Not a problem. They're going to OR me and I'm going to The first thing I'm going to do and please make sure >> you said Ro. >> Yeah. >> Yeah. They probably will. It's just a misdemeanor. Like I said, it would have been a simple traffic warning if you' just been like, "Oh, I didn't know that was illegal." Well, because you chose to break the law. This is not only going to be a bad You're going to You're never going to be able to work as a deputy in the state again. I just did this. If you look it up, we not only doing this in Florida, but we did it in Minnesota for Minnesota State Patrol lost their law enforcement. >> And uh listen, he says it a third time. It would have been a simple traffic warning. He even tells the driver what the price of admission was. If you had just said, "Oh, I didn't know that was illegal." Read that back slowly. The difference between a warning and a wheelchair ride to booking was whether this man was sufficiently agreeable. That is not a legal standard. There is no statute in Florida or anywhere else that makes difference an element of an offense. But you just watched it being enforced like one Unless this can this this covering be removed like the joker thing be removed >> and show the actual tag then yeah I got to take it. >> Okay. >> If it can be removed to display it how it should be properly displayed then it would have been good to go. >> Like I Okay. I'll just make sure we subpoena we get an order to forcibly have you turn it over. All right. >> That's fine. Yeah. That's what subpoenas are for. Then I'm going to look at your I'm going to look at your file even before you came to law enforcement. I'm going to look into how they hired you. I'm going to tell you everything on your little microscope until >> I can tell you right now I did five years in the Navy. Two deployments active duty. No, >> no non-judicial punishments, no captain's mask, no nothing. >> I'm willing to fight. >> Okay, we you can do it. I'm telling you. I I don't know why I would lie about NJPS. So tell I'm going to strip you of your law enforcement. I'm going to make Would you need a wheelchair? >> Yes. >> Okay. >> Uh-huh. >> Long distance. >> I'm sorry I couldn't hear you. >> Long distance walking. >> Okay. >> Hello. I have a 10:15 for a booking who uh he has back surgery and is requesting a wheelchair. Said he can't walk. Okay. >> He goes into booking in a wheelchair. A deputy calls it in ahead of him and says the man has had back surgery, is requesting a wheelchair, and says he cannot walk. Intake asks him whether he needs one. He says yes. I want you to hold those two facts next to each other one time. The thing that started this was a cartoon face on a license plate. The thing it ended in was a man being wheeled into a county jail. Everything in between was discretion. I have a a vehicle dropping off a juvenile right down lane one. Um, come to lane one when they when you get in there, pull to the door. Boy, that's when we come out and meet you. >> All right. Thank you. So, they had to somebody else is dropping off somewhere and then in the front. So, okay. I'm just making sure you're heard so that way you didn't see. I was just sitting here once this this other car to the left goes in. >> Is your body camera rolling now? >> It still is. Yes, it's been rolling. I showed you my ID and you reached for your weapon again. >> I reached for your ID. >> All I had the law said I did not have to put it in your hands. All I had to do was show it to you. I could have kept the window up on the traffic stop and just showed it to me through the through the window. You you are not lawfully required to take it out of my possession. I made it visible for you to see. It was a civil traffic stop. you had your hand one hand on your weapon while you were snatching. >> I'm just curious as to why you just couldn't just provide it right away and be like, you know, here it is. >> You know, we're going to be able to explain that to a judge and he's going to ask you why did you wait until after the ID was in his hands to detain? >> That's you were detained the moment the traffic stop was initiated. >> Jesus. >> Pennsylvania vers Memphis. >> Ordering. Okay. Uh >> Florida vers Presley. >> Do you know those Supreme Court cases? >> Sure. Florida Supreme Court ruled hawkins. Yeah. Watkins versus state of Florida. If you look that up, you will you will see that the Supreme Court just recently ruled that you that the driver does not have to actually give you the license. All he has to do is provide it where it's visible to your eyes. It's a 2017 It's a 2017 initial case. Ruling came out recently. I hope I hope you have a Lexus Nexus or Winston the same access I have. >> There's a there's a bunch of 2019 2021 sexual battery kidnapping >> 2020 already suspected criminals. >> You have the lawful toain. >> Yeah. But once you once you refuse and provide ID, that's where that's where the uh >> Yeah, that's where they just hang tight once they get everything settled in and then Oh, and they'll they'll bring it out here and they'll help you get in. Okay. So what happened after the camera stopped? The charge was resisting an officer without violence. Sodto says that charge was dropped. I want to be careful with that because I am telling you what he has said and I have not read a dismissal order myself. He sued. His lawyer said the suit seeks $5.5 million. And I am going to keep saying it exactly that way because that is a figure his attorney gave to cameras, not an amount anybody has been ordered to pay. There has been no award, no judgment, and no settlement. Last November, a federal judge did dismiss five counts of that complaint, not because they were false, because of how they were written. The judge gave his side leave to file it again, and the case carried on. Um, as for uh the deputy, a supervisor reviewed this stop and found no policy violation, no discipline has been reported by any agency or any outlet. And as recently as this July, the sheriff's office was still defending what you just watched. Before I finish, if this video made you realize you don't actually know what you are required to hand over at a traffic stop or what you can decline, that is exactly the gap my know your rights playbook was written to close. It is plain English. It walks you through the stop, what to say, what not to say, and where the line is between asserting a right and giving an officer a reason. No law degree needed. It is linked at the top of the description. Now, let me finish this one because the last part matters. And here is why this episode is not just one bad afternoon in 2024. The same deputy made another traffic stop arrest. The driver was a woman who was pregnant and disabled. That was July of last year. So, it came after this one. This is not a pattern of old complaints. It is what happened next. This month, that case collapsed in court. The deputy said he had ordered her to stay 25 ft back before he arrested her for not complying. A judge went through three separate body cameras looking for that order. The judge said she never heard it, not one time on any of the three. So, a judge has now compared this deputy's account of his own stop against his own body camera footage and found the thing he said happened is not on the tape. That is not me characterizing him. That is a judge on the record three weeks ago. I want to end on the the the the smallest fact in this whole video. It was going to be a warning. He said so himself three times on his own camera when he thought nobody was really listening. That is the entire case. Not a legal theory, not my opinion, not an activist framing. The officer's own stated intention in his own voice before anybody was arguing about it. A warning costs nothing. It takes 90 seconds. The man drives away, fixes his plate, or doesn't, and none of us ever learn his name. Instead, there is an arrest, a wheelchair, a federal lawsuit, and an hour of body camera that a lot of people have now watched trying to work out what went wrong. Everything that happened after that plate was seen was a choice. And the person who made those choices told you out loud that he had plan to make a different
Danger Zone

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