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Listen, listen, listen, you little 18-year-old know-it-all. This is why you already got a [ __ ] ticket. So, just listen cuz I'm cutting you a break. So, just shut up. >> Because >> Just shut up. Stop talking. Stop talking. Stop. You're an 18-year-old [ __ ] kid. >> Okay. >> So, stop. Do you even know that there's numbers on top of that? Right, you don't. >> 26 >> Yeah, do you know there's numbers on top of that? >> not >> Right, you don't know. That's what I'm trying to tell you. Okay? >> Okay, finish reading >> Imagine you're 18. You've got your friend in the passenger seat and her baby asleep in the back and you're doing 20 over. That part's on you. You know it. You say so out loud on camera to the deputy's face. Three tickets, $248. That should be the whole story. It isn't because somewhere between the third ticket and the tow truck, a deputy asks a question that sounds like a favor. She says yes and then she tells him the truth about something he hadn't found yet. She goes to jail for that truth. The car gets towed. Somebody has to drive out to the side of the road and collect the baby. And there are 26 words in the Florida statutes that say he had it backwards. I'm Brad Graves. Let me show you those 26 words because they're what protects you. >> Hi, how are you doing today? >> How are you? >> Do you have your driver's license, registration, proof of insurance? >> Yes, what did you pull me over for? >> Your illegal tint, your speed and your inability to drive straight. Were you on your phone at all? >> Are you serious? >> Yeah, couple couple things. >> You followed me from the store. >> Yeah, yeah, I saw you from the store and the on 86 is 35, you were doing 55. And I was like, ah, okay. And then when you got onto 710, you kind of were weaving to the yeah, to the white line. So, I was going to check all that, yeah. So, yeah, so perfectly legal uh traffic stop, so. >> Yeah, well, you followed me for no reason, so. >> Well, I I drive through Okeechobee. Are you in Okeechobee County right now? >> Yeah, but you followed me for no reason. >> Right, so you're in Okeechobee County. So, I'm not going to argue with you. And then proof of insurance? >> You're ridiculous, bro, cuz I was not doing anything wrong. >> Okay. Well, what you think you were doing and what you actually were doing are two different things. >> we're and there's a cop behind me. We're speeding and there's a cop. >> Well, that's why I asked if you were playing on your phone. >> No, I wasn't playing on my phone when I was swerving and all. >> Okay. Well, cameras dictate otherwise, so you're you're super smart, right? >> Yeah, we're going to court. >> Okay, that's fine. Give me some overtime. Here you go. All right, do me a favor, hang tight. Do you guys have a medical marijuana card? >> For what? He's wanting a medical marijuana card. >> He says he smells the presence of marijuana, so I'm just making sure you guys have medical marijuana card. Do you have a medical marijuana card as well? >> That's her. >> Oh, that's her. Do you have one? >> I don't know. >> You don't have one? Okay. All right, just hold tight. Do you guys mind stepping out for me? >> I don't think this is going to be the first no smell of drugs. I don't even pull somebody over. Nobody was speeding at all. >> Well, I'm not the one that pulled you over, so you can talk to him. Please come up to the front of that vehicle. Can you go to the back of that vehicle? All right. >> Let's be fair about the stop, cuz this only works if I'm honest with you. 55 in a 35, she admits it. Illegal tint on the windshield, a plate you can't read, and a registration sticker that isn't hers. All of that is real. All of it is a lawful traffic stop. He writes three tickets, and then he shows her how to get one of them knocked down to $10 at the DMV. None of that is the problem. The problem is what happens after the tickets are written because that's the moment a traffic stop is supposed to be over. >> Where are you guys coming from? Yeah, you guys talk man. I'm just making conversation. Like I said, I'm not the one pulled you over. >> No, well, nobody's speeding. I was speeding and there's a cop in front of me and I'm swerving. You see me he seen me at the gas station and we me and him looked at each other. That's the only reason he pulled me over. >> Why did you guys look at each other? >> I looked at the [ __ ] cop. Can I not look at the cop car? >> No, you can look at the cop car. >> Okay then. >> You said you looked at each other. I was like you guys locking eyes? >> and he looked at me and locked eyes and that's when he decided he wanted to pull me over for what? It's okay. >> Look, I'm just I'm just here to make conversation. We usually have two. All right. How many of you guys do traffic stops regardless anyways? I'm not a traffic cop. You know? So, it's all I'm pulling you over. I was already down there. It's pretty much the gist of it. >> I was 55. Okay. >> What happened? >> I said going 55 speeding and there's a cop behind me. If I was going 55 on that road, why did he wait all the way down here? >> What town are you from? Okeechobee? >> Okeechobee. Exactly. >> You guys from Okeechobee? No. Okay. I'm I'm from Okeechobee also, so I know. Just trying to make conversation. Like I said, I'm not I'm not a trooper. I'm just here to make conversation with the public, okay? You guys from Okeechobee? No? You guys still in high school? >> I am. I graduate in like 3 weeks. So. >> Oh, really? >> Yeah. >> Oh. Good for you. My sister graduated last year. >> Oh, yeah? >> Yeah, she's doing good. >> That's good. >> She turned 19 this year and then she ended up getting her she moved in with her boyfriend. >> Oh, yeah? >> Yeah, she finally moved out of my mom's house. So, my mom's slowly losing all my siblings are kind of getting out of the house and everything. >> I'm not going to sit here and talk about me sitting at the gas pump. It's not okay cuz he's wants to really pull somebody over. What? >> Who did your tattoos? >> I don't know. >> I'm just showing it. It's It's okay. >> Bear with me. I'm writing you a bunch of tickets. >> I think he's playing. >> I think >> All right. You were the one with the medical marijuana card? Uh do you have any medical marijuana in the currently in the vehicle at all? >> No weed, no. >> Okay. All right. Molly asked me cuz he told me to ask her. All right, you know. We just want to make sure because you have a medical marijuana, her not having a medical marijuana we just have to make sure that there's nothing in the vehicle, okay? Because it's kind of like you're in high school, right? You're with her, but if you had medical marijuana it'd be be a problem. >> No. >> be a problem like she'd go to jail, it'd be a problem. We just have to make sure that if it's not in a container or anything like that. Okay. All right. >> She actually quit smoking. >> You quit smoking? >> Yeah, recently. She's been like for a month. She's been >> For a month? >> A month. >> For a month? >> Yeah. >> But that's something. >> Okay. >> there's a a smell of marijuana. >> Did you used to smoke in the car before? >> Yeah. >> Watch the second deputy. He isn't writing anything. He isn't running anything. He's just talking. Friendly, easy. That's not small talk. That's the stop still running >> But it's been a month and a half, so we definitely don't smell like marijuana. >> Okay. I I personally don't smoke marijuana. Okay, but I know what it smells like. Maybe, you know, you could hire a detailer to get that. >> Yeah. >> But you cool with me searching the vehicle just to make sure there's nothing in there? All right. Thank you. All right, guys. I'm not going to front with you. I'm not going to be here all day, okay? I'm just going to see if I can't find anything. If I can't find anything, we'll write you your citations, and then we'll be out of here, okay? You guys have a baby in the back? >> Yeah, she's sleeping. >> Yeah. >> Oh. >> I didn't I don't want to wake her up. >> Yeah, if there there's only thing that's in the car that you would want to check, it'd be right here. You can there's nothing in this container. Like I said, she don't smoke marijuana. >> Okay. Well, it's in a container, okay? >> That'll be about it. >> Okay. >> I have an ashtray in there, too, but there's nothing on the ashtray. >> Okay. Look, like I said, if there's nothing you find, I mean, she has it in a proper container. I'm guessing this is where you got it from the medical facility. Let me see the tag. All right. >> Go back 20 seconds, and this time don't listen to the words. Listen to the shape of it. Where are you from? You still in high school? Who did your tattoos? Nice truck. None of those questions are about speed or tint or a plate. Every one of them is fishing. And every second it takes is a second the stop gets extended on a road at dusk with a baby asleep in the backseat. Now listen to where all that friendliness was heading. >> Do you have a gun in the vehicle by chance? >> Yeah. >> Where's that at? >> In the box. Back seat. >> In the box in the back seat? >> Yeah, it's in like a little kitty box. >> Okay. The Taurus. You guys like your Tauruses? >> It's cute. It's just purple. >> All right. Well, I'm going to unload it, okay? >> I want to be straight with you because this channel doesn't work if I'm not. That stop was legal. She was doing 55 in a 35 and she says so out loud. The tint, the plate, the sticker, all real. Three tickets, $248. He's even showing her how to knock one down to 10 bucks at the DMV. None of that is the problem. The problem starts the moment a traffic stop stops being about traffic. Listen for the question. It doesn't sound like a demand. It's not supposed to. It sounds like a favor you'd be rude to refuse. Would you go with me searching the vehicle just to make sure there's nothing in there? That's a consent search and consent means exactly what it says. The moment you say yes, everything they find is fair game and every argument you had about whether they were allowed to look just evaporates. She said yes and then she volunteered something nobody asked her to volunteer. >> I'm going to explain this part to you first and then I'll explain what's going on. Okay. Here's your driver's license back what you gave me. Here's your registration back what you gave me. That's your stuff. Have you ever received a ticket before? You have? For what? >> Speeding 5:39 p.m. >> Speeding before how long? >> How long ago? >> Yeah. >> Um about 2 months ago. >> 2 months? What did the judge give you as far as options or >> Hopefully like >> I know but did he like guilty not guilty adjudicated withheld? Not guilty? Okay, good. Okay. Um so that means you'll have the option when you fight this if you fight it to when you talk to the judge to try and do traffic school. Okay? Uh he may give you that. So this first ticket is going to be um for unlawful speed. Okay? This is doing 55 in a 35. This one is for your illegal tint on your windshield. You're only getting the windshield. I'm not writing >> Here's the rule that should have ended it. A traffic stop can only last as long as the traffic stop takes. The Supreme Court said that plainly in a case called Rodriguez versus United States in 2015. Once the tickets are written, the mission of the stop is complete. Police can't hold you there even for a few minutes to go looking for something else. They can ask. They can always ask. Asking isn't detaining but you can answer and the answer they're hoping for is the one that makes the whole question of whether they were allowed to look disappear. She she gave them that answer and then she gave them one more thing nobody had asked her for. >> you for all the other windows. So you're just getting a break on on that. This one is for your obscured/defaced plate. Look right here. See that? That's no good. You need to go to the DMV and ask them for a new one. Cuz this has to match your plate. Yeah. They'll give you one. I think it's $10. Okay? >> What has to match my plate? >> The sticker. >> Does it not have the right sticker? >> No, so see you can't read it. So >> Can you read that? >> No, listen. Listen, listen, listen, listen, listen, you little 18-year-old know-it-all. This is why you already got a [ __ ] ticket. So just listen cuz I'm cutting you a break. So just shut up. >> Because I don't >> Stop talking. Stop talking. Stop. You're an 18-year-old [ __ ] kid. >> Okay. >> So stop. Do you even know that there's numbers on top of that? Right, you don't. Yeah, do you know there's numbers on top of that? Right, you don't know. That's what I'm trying to tell you. Okay? >> Okay, finish reading it. I don't need to read it. >> I'll finish reading it to the smartest 19-year-old, 18-year-old I [ __ ] met. You need to go to the DMV and get a new one of these stickers. Okay? They'll charge you $10 and you get a new sticker. If you show up to court and you have a >> That second deputy, who's just making conversation, that conversation is the stop, every second of it. And here's what she volunteers into it. He asks if there's a gun in the car, she says yes. He asks where, she tells him it's in the box in the back seat. He takes it out, he unloads it, he finds out she's 18, and he says this, "You can't have that. It's illegal." Now, Florida statute 790.25, possession in a private conveyance, and I'm going to read you the definition that goes with it cuz this is the sentence I promised you at the top. 790. 001, subsection 15. Securely encased means, and I'm quoting, "in a glove compartment, whether or not locked, snapped in a holster, in a gun case, whether or not locked, in a zippered gun case, or in a closed box or container which requires a lid or cover to be opened for access, a closed box with a lid in the back seat." >> picture of your plate with the new sticker, then we can dismiss this ticket and just give you a uh like a it's a transaction processing fee of like 10 bucks. Instead of having to pay $83. So, $83 $83 $248 the [ __ ] adds up. Okay? So, I'm trying to do you a break and give you these, okay? So, that's as far as the traffic stop is concerned. I don't know what he found. I'm going to talk to him and figure all this out on the gun and stuff. Who Who's gun is that? >> 18. >> 18. Okay. You can't have that. It's illegal. >> To have a gun? >> Yeah. >> I think >> Yeah. But, you know everything, right? You're so smart. >> Nobody said I know anything about >> you've been acting like it, right? Right, it's fine because you're going to go to jail today anyway. So, I just wanted to confirm that that was your >> So, let's put his sentence next to the statute. He said you're 18, you can't have that, it's illegal. Florida law says a person 18 years of age or older may have a firearm inside a private vehicle securely encased with no license at all. 18, not 21. 21 is the age to buy a handgun from a dealer. 21 is the age to carry one concealed on your body. Those are real rules. They're just different rules with a different number and they don't govern a closed box in the backseat of a car. Blur those two numbers together and you get exactly what you just watched. A teenager in handcuffs, a car on a hook, and a baby getting picked up off the shoulder of the road. >> your gun. >> All right. >> Okay. These are your tickets. Since you're going to jail, I'm going to hang on to your tickets. What's going to happen now is you're going to get put in handcuffs, put in the back of the car, and your car's going to get towed. >> I can't get my keys out of it. >> It's getting towed. It was used in the commission of a crime. So, yeah, so So hang tight. All right. Who wants to make a phone call for the baby? To get a ride. >> Call me. >> All right, go get your phone and you [ __ ] do that. >> Can I bond her out tonight? >> Yes, you can. >> Okay. >> Breathe. Breathe. Relax. Okay. It's okay. You'll be okay. You're okay. >> Okay. >> All right. She's just in a little bit of trouble. She's not in big trouble. Okay? All right, are you done calling for a ride? >> Mom. Mom, Lacy's going to jail. They're towing our car and I need you to come get us. >> And if you want me to talk to her, I'll talk to her. >> I'm going to jail. >> Do you want to leave your necklace and stuff with her and all that? No sense in bringing that to the jail. >> I need you to come get me, please. Iron. WE'RE AT THE WE'RE AT GOODYEAR FIRESTONE. >> Total roadside. If you You want me to talk to her, I'll talk to her. Hey, she's a little upset, so I figured it was She's not in any trouble. She's not in any trouble. So, go wait in front of my Um No, the friend that she's with is unfortunately going to go to jail today. Um and we need for for for her breaking breaking the law. So, I just need somebody to come and get the baby cuz Okay. Is there anything on your person that you didn't take off? If you bring anything into the jail that's illegal, it'll be another charge. So, I just wanted to ask now we'll get rid of it. Is there anything in there? Any pockets or anything like that? Okay. Okay, just double-check. Double-checking cuz people lie. >> Not sure if you're familiar with that. All right, let me verify. Walk over here. All right, relax, relax, relax. Breathe, breathe, breathe, breathe, breathe. >> Sir, we weren't speeding though. She was going 43 and I told her to slow down and then she was going 61 on the whole way there and then she went to 58. >> So, you already know she was speeding cuz you told her to slow down. >> At 43 and she was I mean there was a stop sign so she stopped going 43. stop sign and she went to zero and then we were on the way here going 61 the whole way here. >> I know you don't understand kind of what's going on which is fine. I'm not going to hold that against you cuz you guys are young. Um but just because I pulled you over on 710 doesn't mean that's where Cuz I can determine where I pull people I was watching the car because it kept she kept hitting the white line and I was making sure you Listen, don't argue. Just this is the time you just be quiet and you listen, okay? I didn't waited because I was trying to see why the car kept drifting and kept hitting the line and kept drifting kept hitting the line, okay? That's why. So, I don't need to explain why I do what I don't do to someone a child essentially but I am. Okay, just I'm trying to get you to calm down. >> I want to just call my mom. >> okay, she's on her way. >> Wait, why are we taking the car again? >> It was using the It's getting towed. Don't ask questions, just I need people to just figure out the baby situation. It's getting towed. That's end of story. >> Hi baby. >> Hi, we got to figure out how to get a hold of your mama. >> She can't go with me. >> Huh? >> She can't go with me. >> It's not your kid. A35 going to take someone's [ __ ] baby? >> I mean, it's her sister's. >> It's It's not Right. It's not even her kid. We need a parent or guardian or I got to get DCF. >> Careful. >> This is like [ __ ] children. Dealing with children, man. It's ridiculous. She gives me authorization. >> Careful. That's my driver. 23. >> Unless she's going to give you permission. >> Can you give me permission to take her? >> I need to talk. Hello. Hi. Hold on one one second. Just Everything is okay. So, uh the only thing is your your sister is going to go to jail. Okay? >> What happened? Is she okay? >> She Your sister is okay, okay? She was unfortunately violating Florida State Statute and she's taking a ride for it. My concern right now is the child. So, >> Yeah, my baby Yeah, I'm going to I'm calling them together right now. I'm calling from the reservation. Um is Addy allowed to take the car? >> No, the car is going to get towed. Um and the tow truck is here. So, >> Okay. >> I need to know if you are allowing her Her mom's on the way from Four Seasons, which is a lot closer than where you are. So, I need to know if you are okay with allowing your child to be with with her. >> Yes. Yes, they can go She can go with Addy. Yeah. >> Okay. Can I Can I get your first name and last name? So, you guys got to take the car seat and all that. The mom Mom gave permission. She Mom's coming from the reservation. So, she's going to meet you guys, but she gave permission for you guys to take custody of the of the child. >> Can you tell me what happened? >> Uh the driver's going to jail for having a gun under the age of 21. She's 18 18. So, it's against the law. Yeah. Yeah. So, I had to get a little >> mean? >> Uh, just a not not mean, but like they're children and they're definitely behaving like children and they're they're in the wrong and they have a baby in the car, a gun in the car, and all this. 10-4. Um, and they don't they're playing the I'm 18 kind of you know, role. Uh, so it is what it is. So, if she's upset, I just kept trying to tell her to calm down, calm down, calm down, but talk to her. No, no, no, no, everything's fine. So, just have a talk with her when you guys are on the home like, you know, relax, everything is okay. All right? Um, >> Is this a a felony for Lacy? >> Yes. And >> no way to not impound her car? >> No, it was used in the commission of a crime. So, it's considered evidence. So, when she goes to fight it in court, they're going to say, "Where was the vehicle? Where was this in the vehicle?" It's it's a part of it cuz the gun is concealed in the vehicle. So, DUI, same thing. You know what I mean? Like it's that's the instrument you were using when you committed the infraction or violated the the law. So, uh, it's an extension of I think I want to say it's a $5,000 bond, so you post 10%. So, Yeah. No, she just has a an authority problem cuz she's 18 years old. And then she's with her friend, so people will try to act tough and in front in front of their friends. >> Does she get like a resisting? >> No, no, no, no, no, no, nothing. Nothing like that. She's just getting some tickets for the tint violations, for her speeding, which she just got a speeding ticket 2 months ago, she said. So, um, and then uh, for the gun. I think there's some resin, some THC resin, but um other No, she's got a medical marijuana card. They shut the music off. Yeah. Yeah, yeah, yeah. No, listen, I don't My only interaction with her ever is right here right now, so I don't know. Yeah. So, um other than that, the child's secure, turned over to you guys' custody. Mom is uh already on the way. They're fine. Everything is okay. Just tell them all to take a big deep breath, relax, um Yep, the other guy that was with me already drove over there cuz kind of speed up the process, so that way she's not tied up all night long. We can get her her in and out. Um other than that, As soon as she gets out, she can come here. It's actually total roadside's lot, so she can come right here, give them uh the case number, her her driver's license, huh? Not overnight. Business hours, so yeah. So, the gun is because she's under 21? Yes. Yeah, any any adult over the age Yeah, any adult over the age of 21 can legally uh have a gun now. But under the age of 21, you can't a handgun. You can be gifted a rifle, shotgun, but handguns you can't. They changed that law. Yep. Yes, ma'am. She said it was hers. Okay. Okay. No. No, you have to be over 21. No, no, no, no. To to have it gifted Only people can gift a rifle or a shotgun. DeSantis changed the law on handguns. So, handguns are 21 and over. Yes. Yeah, it's a felony crime. Yes, ma'am. Yeah. Uh you'll have to Google the exact date and time, but yeah, under the age of 21. So. So, she's at Okeechobee County Sheriff's Office. She's going to have the gun charge. Um she's going to have paraphernalia charge. And then she just got a couple of tickets, but the tickets are >> marijuana card. >> Yes, she does. Yeah. Yep. So >> Not illegal for an 18-year-old to own a own or possess a handgun. >> Okay, well, take Google to a lawyer and then you can you can go that route and fight it in court. So this marijuana is not in its proper container, which is illegal. So yeah, she has her medical marijuana card. You can only have medical marijuana in its proper container. >> you guys arrest people for a little bit of marijuana like that nowadays? >> All all day long. >> What if she was rude? >> Wasn't because she was rude? No, I mean it doesn't help that you raise your child to be rude. >> raise my child to be rude. >> Okay. Well >> Thank you for insinuating. >> I I just figured I mean that's kind of how kids get that way, but that's fine. >> a father. >> Oh, so it's the father? >> I mean I guess if it's me, that's fine. >> I'm just I don't know your family dynamic. I mean I could just Okay. So like I said, those are the charges. More than happy to get her an attorney and fight those charges. Um and that's it. The car will be here at Total Roadside if you want to pick it up. >> Here's the part that should stay with you. She didn't get caught. She told him, he asked if there was a gun in the car and she said yes and she told him where it was. That is an honest answer from a kid who thought she had nothing to hide and she was right. She didn't. Being honest is what put her in the back of that car. So here's what you do, three things. One, comply physically every single time. Hands visible. Step out if you're told to. You do not win this on the roadside. You win it later in front of a judge and you only get to later if you stay calm. Two, say the sentence, I do not consent to any searches. Say it once, say it politely and then stop talking. You are not required to help build the case against you, and a friendly deputy making conversation is still the stop still running. Three, answer what you're actually asked and nothing past it. Yes was the honest answer. Where it was, what it was in, and who it belonged to, none of that was owed in that moment. 26 words about a box with a lid. It was sitting in the statute book the whole time he was certain. Read the law before you need it, because the person who's certain is not always the person who's right. This is educational, not legal advice, and these rules change from state to state. Look up yours. If you've got a son or a daughter who drives, send them this one. Everything I just walked you through, the exact sentence to say, the statutes behind it, and what to do in the 90 seconds after a cop asked to search your car. I put all of it in my know-your-rights playbook. 67 pages written for people who don't have a lawyer on speed dial, the link is in the description. Keep it in the glove box right next to the registration.
Danger Zone

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