Hop out of the car, please. >> No, I'm not hopping out of the car. >> I told you why I stopped you. >> No. Yes. Not a Valerie. If you stop me and stop me from from what? What's What's the speed? What's your radar? Where's your radar at? >> Would you stop with you? What did you talk my speed with, >> sir? >> I don't know because you're Hello. How are you? Um, Deputy, who's the sheriff's office? Do you have your license registration with you? >> I'll tell you in a second. You have your license with you? >> I will tell you in a sec. >> All right. >> A Florida deputy stops a man 6 mi over the speed limit, intending to let him go with a warning. 23 minutes later, the driver is in handcuffs facing a felony. Florida statute 322.15 is unambiguous. Drivers must present their license upon demand during any traffic stop. That obligation is not conditional on receiving a stop explanation first. Refusal is not a protected right. The stop was legally valid. Under Warren versus United States, decided in 1996, any observed traffic violation constitutes probable cause regardless of the officer's subjective intent. The driver challenged the delayed enforcement location. Stop two streets. Pass the alleged infraction. Courts reject this argument. Officers choose where it is safe to enforce. Location does not determine legality. The exit command was lawful. Pennsylvania versus Mims, decided in 1977, holds that ordering a driver out of a stopped vehicle requires no justification beyond the stop itself. Every stepout command here was legally grounded. >> I'm requesting your license, sir. I will tell you that in a second. Once I see your license, I'll tell you why I stopped you. But you don't tell me. Do you don't tell me how to do my job? >> 3:13. >> I'm not telling you for no reason. I have two reasons to be stopping you. >> Storm me a second. >> Can I see your license, please? >> What's the reason? >> I will tell I just told you. >> No, you didn't tell me anything. You didn't say anything to me. You just said I'm pulling you off. >> Okay. I'm Deputy Cruz with the sheriff's office. I introduced myself. I asked for your license and registration. I will tell you that as soon as I get your license. >> No, you need to tell me what your reason for. >> Sir, >> I haven't done anything. Everything supposed to do. >> I'm stopping you for two reasons. >> Number one, >> sir. Do you have your license with you or not? >> I'm ask You're not answering my question. >> I did everything I was supposed to do. >> I'm stopping you for two reasons. >> Hey, that's has nothing to do with. >> So, what's the problem? >> I'm stopping you for two reasons. One is your speed. Okay. >> My speed >> speed limit is 35 mph. Where? >> On Mahogany. >> So, why did you stop at Mahogany? Why'd you wait for me? >> Yeah, I don't You don't have to. I I pick and choose where I conduct my traffic stops. >> You can't stop me. 10 miles. >> May I see your license, please? May I see your license, please? >> Reason for you to stop me. >> 313. Have them step it up. >> 1054 drivers is not being quite. >> I have your license. >> What's the reason, dude? >> I just told you. >> No, you did. That's not about you. If you said I'm speeding, you should have stopped. Hop out of the car, please. >> No, I'm not hopping out of the car. >> I told you why I stopped you. >> No, it's not a Valerie. If you stop me, stop it from from what? What's What's the speed? What's your radar? Where's your radar at? >> When did you stop? What do you What did you check my speed, >> sir? >> I want to know because you're literally a good five cars away from me. >> Sir, you're going to make this more difficult than >> No, you are. You're not. You're not giving me a reason, a valid, a lawful reason for why you're pulling. I just told you I stopped you is you said I'm doing over 40 over over 35 >> and you were also following too close to that motor behind that motorcycle too when he was turning. >> What am I stopping you for now? Get the out of here. Go get me a charge. I'm not speaking to you. >> Step out of the car. >> No, I'm not speaking. >> I stopped you for your speed like I see. >> No, that's a [ __ ] Cuz if you would have stopped me for my speed or stop me over there, then why would you wait all the way over here? I went through a whole two stop sign. 313 fighter you start 110. He's a president supervisor. >> What's your name and your badge number? >> Deputy who's at the sheriff's office. I stopped you for your speed. >> What's your badge number? >> 1098. >> Okay. >> Can I see your license? >> You said you stopped me for my speed in Mahogany. Where are we at right now? >> What street are we on? >> I'm going to ask you to step out of the car. >> Where are we on? No. What street are we on? >> We're on Guava Street. >> Okay. Why did you stop at Mahogany? >> You don't pick and choose where I stop and choose where you pull me over. Why are you stopping over here mahogany man? >> Sir sir, I'm asking for the last time. I got you for your license over in Guava when you said I was speeding which I was not speeding in mahogany. So don't even lie. And I was not speeding no close to no motorcycle either. >> Sir, that's not the reason I stopped you for the motorcycle. I stopped you for your speed. >> You said it. So now you're now you're bullshitting. I mentioned it. That's not the reason I stopped you. >> I stopped you for your speed. >> You're close to that motorcycle. That's >> That's not the reason I was stopping you foring around, dude. >> I stopped you for your speed, >> dude. Why did you stop me at mahogany? >> Because >> I get to pick your shoes where I stop my vehicle. >> If I'm cremating If I am cremating a fraction, you should stop it right away. They'll wait until I stop a whole two stops. A whole another street for you to pull me over. >> Sir, this is >> No, I'm not. No, I'm I'm done talking supervisor. I'm done talking. >> I've asked for your license three times now. >> You need to have a valid pull over. >> Step out of the car. >> No, I'm not the car. >> Step out of the car. You're going to go to jail for resisting. No, I'm not. I can't be in jail for this if you haven't pulled me over for a law for a reason. >> Where is your radar? Where is your radar? >> I don't have to show you that. >> Yes, you do. No, I do not. Yes, you do. Where is your radar? Where did you stop for your speed? How did you track I stopped you for your speed? >> How did you track me? >> I stopped you for my speed. >> How? >> I stopped you for your speed. >> How did you track your speed? Please exit the vehicle, >> bro. How did you track my speed? Cuz I'm going to tell the Georgia. He's going to ask you, "How did you track your speed?" You're going to tell him what? >> I'm not doing roadside. >> What are you going to tell? You don't dictate HOW THIS TRAFFIC STOP. HE ASKS YOU. >> I'm asking you again. Step out of the car. >> I'm not stepping out of the car. I need >> Step out of the car. >> Sergeant out here supervising. >> Step out of the car. >> Step out of the car. >> Step out of the car. >> Sergeant out here supervising. >> Step out of the car. >> All right, we're going to break the window. >> One more chance. One more chance. We're breaking the window right now. >> One more chance. We're breaking the window. I stopped you for your speed. I've asked for your license plenty of times. I don't have to explain that to you. And I get to pick and choose where I stop my vehicles where it's safe for me. >> That's not how you're not a cop. >> That's not how that works. >> All right, we're going to break the window if you don't stop. Let's go. >> Step out of the vehicle. >> Step out of the vehicle. >> This is a lawful traffic stop. >> I stopped you for your speed. >> Told you to get out of the vehicle once. We're going to get you out of the vehicle. You're under arrest. >> Why did you track my speed? How? >> That's not up for debate right now. I gave you the reason for this for the stop. I'm asking for your license which you are refusing to provide to me. >> Florida. >> Hop out of the car before we break the window. >> How did you track my speed? >> That is not up for debate. >> Would you get a sergeant out here? >> My supervisor is pulling down the street right now. >> When your supervisor comes in, we can >> I stopped you for your speed. >> What was my >> You're going to be placed under arrest. >> This is your last chance. Give me your license >> and come out of the car. 41 and a 35. >> Now you're making up a number cuz you got to think about it. You know that, right? >> No, I'm not making up a number. >> Then I want to see the radar then. What? How do you change my speed? >> I have a radar on the front of my vehicle. I stopped you for speed. I've asked for your license numerous times. >> I'm mahogany. >> I don't have to. I pick and choose where I stop my cars. >> Hey, h just wait a second. >> Please step out of the vehicle before you escalate this before it gets worse. Help me out. >> I asked you to cooperate. I've been nothing but cool and collected with you. >> Stop. There's no reason. >> This is a lawful stop. >> No, it's not. >> This is a lawful stop. >> Now, please exit the vehicle and give me your license. >> I'm not doing anything. >> I'm not doing this. I'm not using any other. >> Hop out of the car before we break the window. >> The driver argued obstruction requires a physical act, and in many states, he'd be right. Florida statute 843.02 02 is broader. Verbal refusal to comply, including refusing to produce ID, satisfies the statute. The charge held, the felony arose from the window incident. Florida statute 784.07 requires no serious injury. Any intentional unwanted contact with an officer during an arrest qualifies as battery on a law enforcement officer up to 5 years. Whether the window was closed intentionally is a factual dispute. The body cam does not resolve exactly the ambiguity that makes a nocontest plea. The rational choice over a jury trial. >> Hey, >> I'm Corporal Smith at the Sheriff's Office. What can I do for you? >> I'm Corporal Smith at the Sheriff's Office. My number 705. >> Nope. I just got here. >> Okay. whatever number he made up in the mind. >> Okay. >> On my hot. >> Okay. So, >> so before let me just finish. >> I'm already I'm already I'm This is my house right here. >> Okay. >> I'm already pulled up to my house. >> Okay. >> I'm trying to figure out why he waited all the way from the gas. >> Can I tell you something? That doesn't matter. >> I'm just >> Okay. >> Wait. >> We don't have to stop you in that immediate time frame. So, you're here. What What's the problem? >> I What? >> Did you provide your identification? I I need to know a reason for me to give you my idea. I don't have >> cuz this is a lawful traffic stop. >> But for what though? I need to know for >> I'm not a captain. I'm a corporal. >> So at this point, I'm now going to ask you to step out of the vehicle. >> Okay. For what reason? >> For officer safety. >> Okay. Well, that's out of law. >> It actually is. >> No, it's not. >> Yes, it is. It's the law, please. >> It's case law. >> No, I need to resolve it. >> Okay. So, you have 5 seconds to open this door. >> Okay. So, you guys going to break into my property? >> Yes. and and and >> you can either you can either provide me your identification >> but what okay you guys are making a big mistake right now lawful suit with this okay >> that's fine and we can handle that in court >> and I'll have no problem with that but >> you guys are trading through >> what's your first name >> okay I'll give you my first name >> okay my name is Steven with a V >> okay Steven with a V >> I am now >> I've already asked you for your identification I'm telling you to provide me with your identification if you fail to do so we will break this window and we will remove you from your vehicle You have 5 seconds. >> Now you're going to give me a time frame. >> Yes, because how long is how long have you been here on this traffic stop? >> Just pulled over. He just pulled over and I'm trying to explain to him. >> Okay. Well, I just drove from 305 and 302, >> sir. He says he showed me at a number. >> Then he says that he was like, "All right, listen. You were following too close to a motorcycle." Then I thought, >> "Okay, can I tell you something? That can all be handled in court if you feel like you're being charged unjustly. But at this point, I'm telling you it's a lawful traffic stop. I'm telling you to provide me with your identification. I'm telling you, I'm giving you a lawful command. If you feel that it's if you're telling me that it's unjust, you can handle that in court. But at this point, >> I am no longer going to ask. >> I will remove you from this vehicle. >> You're going to remove me. You're going to kidnap me from my kidnapping. If I listen, so we have this on video. If I don't provide my ID, my license, >> you will you'll take me to jail? >> Yes. >> You will take me to jail if I don't provide my license? If you don't provide me with identification, >> yes. >> Will you take me to jail? >> Yes. >> Yes. You will take I want you to say I will take you to jail. >> Yes. You will go to jail. >> If I don't what? >> If you don't provide us with identification. Yes. >> Okay. That's all I need to know. Under the stress. Under the stress. I am providing you my license. Okay. >> That's a threat of arresting you. Okay. >> Sure. >> No. If not, that's true. >> Okay. Whatever. Whatever you say, that's fine. This is a lawful traffic stop. I need >> What's that once you go to the corner? >> All right. So, I need your identification. I'm going to have you step out of the vehicle. You can keep recording. Yes, you are going to step out of the vehicle. >> Hey, don't be reaching in my vehicle, sir. >> Do not roll this window in. >> Hey, sir. Do not be reaching in my vehicle. No. Stop. Stop. Stop. STOP. STOP. STOP. >> MY ARM'S STUCK. >> I'm not doing anything. >> Roll the window down. >> Hey, what the >> I'm not resisting. I'm not giving multiple. >> I'm not resisting. I'm not resisting. >> This is un Wow. Are you guys sitting me right now? You guys draw, right? >> No. You want to shut my arm in the window? >> You guys, >> you now caught another charge. Good job. >> You guys are I didn't roll up my window. You put your hand all the way down to the window. >> And you rolled up the window. >> I DID NOT TOUCH THE WINDOW, SIR. >> I have it all on video. >> I did not touch you. Put your arm all the way and you slid your arm all the way down. That's not my fault. >> Sit up. Sit up. >> I can't sit up. Is that unbelievable? >> All I'm doing is shutting your truck off. >> Unbelievable, guys. >> Come on. >> No, it's not unbelievable. >> Yes, it is. >> I gave you 15 minutes to stand up. >> 15 minutes to provide yourself identification. You don't pick and choose how traffic stops work. >> Listen, man. You listen. >> You don't pick and choose how I do my job. >> Actually, you work for us. For the county that for the people. Okay. >> So, yes, I do. >> Okay. You're under arrest. >> Okay. >> For what? I want to know. For what? >> For resistance. A resisting what? I haven't even resisted anything. >> Obstruction. >> How is obstruction is a physical act? I didn't do anything. >> Okay. Actually, it's not. >> This thing is a physical act. What the [ __ ] are you talking about? >> What are you guys talking about? >> Uh, obstruction is a physical act. I haven't done anything for you to obstruct. >> You obstructed my investigation. Okay. As long as you handled in court. >> No. Okay. Well, I need your I need somebody higher than you, buddy. This is unbelievable. I need a captain up here, please. >> We don't have captains. >> You guys don't have captains? >> No, we don't have >> We have commanders and sergeants. >> I need I need a sergeant or a command. I need somebody higher than you cuz this is unbelievable. >> No, please. I I'm requesting someone higher. >> What's unbelievable is that you like to pick and choose how you act. >> And you decided to act like Keep facing the car for us. >> What are you talking about, dude? I'm asking you. I'm telling you. >> I'm asking you to face the car. >> Why do I have to face the car? >> You guess what? What you don't understand is as you're talking you're you're spitting. Okay? And I'm not saying you're intentionally doing it, but your bodily fluids could get on us and I'm asking you not to. So face the car. You can say whatever you want. >> Oh my god, guys. This is unbelievable. >> All four are [ __ ] what? For what? Four miles of over. >> Are you kidding me, dude? What you said? >> You're right. >> Six. Now it's 41 and 35. >> Six. >> Now it's six. >> 41 - 35 is 6. >> I How did you know I was going 41, dude? I want to know. >> Get in the car. Dude, I want to know that. I want I'm telling you right now. Is there anybody cams on? >> Nobody came on. >> Where's the red con? Where's the red count? Where's the red? >> Okay. All right. Cuz I'm This is unbelievable. >> You're under arrest for obstruction. >> Obstruction is a physical act. I can't It's not It's not >> That's not battery. That's No, now you guys are MAKING UP CHARGES. ARE you >> You good? >> Yeah. Just a right here. >> You have your phone? >> Yeah. 110 player. >> He put his >> Are you settled down? Take a breath. >> What's your name? I'mzzo. >> Okay. My name's Nick. >> Nick. >> My last name is >> H U Z I R. Okay. >> Nick, I'm sorry. >> Okay. >> I need you to take a breath. You are so amped up. >> Give me one sec. Give me one second. >> You want me You want me to walk over there? You take a breath. I'll come back. >> Just No, no, no. Just >> I want to have a conversation with you. >> I don't know what's going on outside of hearing. I don't know why you got so angry for absolutely no reason. >> Okay. >> I wanted to let you go with a verbal warning and go about my day. >> Reason I was stopping you is for your speed. Like I explained to you numerous times. >> Hey. Okay. >> Okay. Hold on. Hold on. Let me finish. >> I don't have to. First of all, I don't have to explain to you why I stopped you immediately. I stopped you for a lawful reason. I requested your license, your registration, and proof of insurance. >> Okay? >> Huh? I finish. I'm being cool with you. You're cool with me. Okay? >> To which you got argumented with me. I don't know what prior experiences you've had with us. Okay? I don't I don't know who you are. Okay? I don't know what I'm walking up to when I walk into a car. I don't know if it's going to be the last day of my life >> or the last day of my life, too. You know what I'm saying? Like, >> okay. I don't again, we don't know what's going to happen. Okay. You immediately became argumentative with me because I didn't advise you for the reason. >> Hold on. I'm just gonna keep talking. I'll let you speak. I will let you have your peace. Okay. I promise you. >> I observe the violations across mahogany. Okay. Hold on. >> I'm just saying I don't I don't I don't They're searching my vehicle without my consent and I don't and I don't give it and that's un that's illegal. >> Take a breath. >> I'm just saying >> I'm talking to you right now. >> Okay. Are you going to let me Are you going to let me speak or not? >> I will. Yes, sir. >> Do you want to speak to There's the supervisor come another I would like if you're going to finish what you got to say. >> Okay. >> I explained a reason for stopping you to which you didn't like. >> You don't have to agree with why I stopped you. That's the reason I'm stopping you. Okay. I have a lawful reason for stopping you. That's why I stopped you. Okay. >> Okay. Okay. >> At that point, I explained to you the reasons I stopped you. You have to provide me with your license, your registration, and your proof of insurance by law. If you refuse like you did, that is called obstruction. The charge is resisting without violence. >> Okay. I've asked you I don't know how many times I've asked you. I'm going to watch my body camera and I'm going to document how many times I've asked you to which you got more angry with me because you didn't agree with the reason for the stop. >> Okay. Do you mind if I talk real quick? >> Go ahead. >> But you Okay. I would have listen. I'm very cool, dude. And I know I wasn't shown right there, but listen. But listen, all I asked all I asked was a simple question and I answered that. >> I answered your questions and you didn't like my answers. That's that's that's the fact. >> But okay, when you first came up to me and I asked you what is the stop? >> I don't have to explain it to you right there. >> But and I did. I still did. >> No, you didn't. >> I did. I did. I told you why I stopped you and then you didn't like my answer and you said that wasn't a reason I can stop you. >> No, I did not say that was not a reason. >> And you then you started complaining that I didn't stop you on mahogany. I said that you're stopping me over here when I if I committed a infraction or anything like that. I did that over down there. You're stopping me a whole two streets over. That's what I was saying. >> How are you going to stop me? >> Hold on. Let me ask you. I'm going to tell you another thing. I get You don't You may not agree with the area I stopped you in, >> which is your opinion because look, if you look if you look right there, >> but I get this is my >> I get to pick and choose where do you ass >> I observed the infraction. I had a I had a traffic infraction to stop your vehicle. >> So >> I enforced it. >> So where I enforced it down the street. >> So let's just say for an example. Okay. Hypothetically we're speaking. Okay. >> Hypothetically speaking. >> Okay. >> Before Hold on. Before you keep talking, >> are you going to bring me my Miranda right? >> I am going to read your rights cuz I don't want you to say anything that's going to incriminate you without mentioning. >> So I am being arrested right now. >> You're under arrest. >> Without a doubt. You are under arrest. >> And what is the arrest for? >> Obstruction. >> Okay. But you Okay. You have to know obstruction is a physical. >> You clearly don't know the law. >> No, no, no. You have to obstruct real quick. That's No, that's not. If you refuse to provide your identification to me on a traffic stop. That's it's called resisting without violence. >> You have the right to sign on anything you say, maybe use evidence against you. You have the right to talk to an attorney. Have him in prison now anytime during questioning. Now, the foreign attorney will be appointed to represent you. If anytime you wish to stop talking, you have your attorney present. All questioning will be stopped at your request. >> Post arrest. The corporal convers with the driver before reading Miranda under Miranda versus Arizona decided in 1966. Custodial statements made before advisement are suppressible. Smith read rights shortly after, but the gap is a live issue. Officers searched the impounded vehicle over the driver's objection. Under South Dakota versus Operan decided in 1976, inventory searches of lawfully impounded vehicles are a fourth amendment exception. Consent is irrelevant. Outcome: no contest plea on both counts. Adjudication withheld no formal conviction, 24 months probation, $970 in fines, 50 hours community service, behavioral therapy, warrantless compliance checks, and a written apology to the officer. One violation of any condition triggers immediate adjudication, turning withheld status into a felony conviction on the record. The initiating deputy C++ the stop and exit command were lawful force during extraction was proportionate but demanding the license before explaining the stop is a documented trigger for exactly this type of escalation. The motorcycle contradiction offered as a second stop reason then retracted destroyed credibility at the critical opening of the encounter and reaching an arm into an open window without backup was a foreseeable tactical error. Corporal Smith B+. His arrival produced compliance in under two minutes through dialogue that eight minutes of commands had failed to achieve. Framing legal consequences as information, not threats, is why it worked. The deduction, a pre- Miranda conversation window after arrest and no independent assessment of whether a battery charge arising from his deputies positioning error was a proportionate outcome. Nick Huziar C. legally informed, legally wrong where it mattered. He correctly identified the motorcycle contradiction. He correctly stated that obstruction generally requires a physical act, just not in Florida. His refusal to produce ID had no legal basis. His positioning in the vehicle during the window incident created the felony exposure. The no contest plea was his best decision of the entire encounter. The department B minus response was rapid. Force stayed within bounds. Miranda was read. inventory search was proper, but a verbal warning, stop producing a felony charge, warrants internal training review. Three takeaways. One, roadside legal arguments don't create defenses, they create charges. Rights are vindicated in court, not at the car window. Two, the first sentence of a traffic stop sets the tone for everything that follows. Explaining the reason before demanding documents costs nothing. It prevented nothing here and should have. Three, tactical positioning is a legal issue. Where an officer places their body determines what injuries are foreseeable and what felony charges become possible. This stop illustrates both. Let us know if there is an interaction or legal topic you would like us to cover in the comments below. Thank you for watching and don't forget to check out our second channel, Street Body Cam, for more police interaction and courtroom content. >> You understand your rights? >> What's your first name? I already gave it to you. >> I don't have your ID. I don't know who you are. >> Somebody else has it. I haven't talked to them yet. I I don't know your name. My name's Nick. I'd like to know yours. >> Dude, this is unbelievable. >> Are you going to tell me your name or No, >> they You guys have my license. >> I don't have it on me. The other supervisor has it has it right there. >> You can't just tell me your name in conversation. >> You want me to be on the >> I'm I'm done shopping. >> Um any perishable stuff we'll give to her. They didn't find anything, Frank. What? What did they find? Oh, you can't tell me, can you? >> What you mean? >> In the vehicle. Nothing. Thank god. Cuz I don't know. It's not. So, I was nervous. You guys were searching. I was freaking out. >> I'm doing an inventory. It's not a search. We're looking for anything of value to make sure we do. >> So, mad. So, >> that's why I was like, what did you find there? I mean, there is like prescription pills, but I don't know who it's to, but obviously it's not a Oh, you're mine. >> Um, is it my colder med? Yeah. fail sick >> for my cold sore. She's so kind. I ran out of mine. Yes. It's not It's legal, so it's all over the counter herpes virus. >> All right. So, real quick, take the glove off just cuz I don't want you touching the gloves. Just just for documentation purpose. It's on video, but I want you to feel right here like you can feel the welt on my arm. Yep. Okay. >> Yeah. >> So, all right. Um, >> nothing value the vehicle. You can keep recording. Yes, you are going to step out of the vehicle. >> Hey, don't be reaching in my vehicle, sir. >> Do not roll this window up. >> Hey, sir. Do not be reaching in my vehicle. No. Stop. Stop. STOP. STOP. STOP. STOP. >> MY arm's stuck. >> I'm not doing anything. >> Roll the window down. >> Hey, what the >> I'm not resisting. I'M NOT RESISTING. I'M NOT RESISTING. I'M NOT RESISTING. >> This is un Are you guys sitting me right now? You guys tons of commands and the car window. Good job. You guys are I [music]