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- 2026-10-23 00:28
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Don't resist, you're going to you're going to go to jail. >> She's not resisting. She's not resisting. >> Stop. Stop. She's She's fighting. >> Stop. >> Stop. Let go. Do it now. I said let go. I said you're you're pulling you're pulling your arm back. >> help it. My arm is broken. >> You reek of liquor. >> On the 11th of June 2025, officers on patrol observed a woman run a red light and drive erratically. They initiated a traffic stop. The subject, identified as Sienna, claimed she worked nearby and was returning late from a break. What began as a minor traffic violation escalated into a DUI investigation, a physical struggle, and a five-count arrest. >> What are you doing? >> Hi. What are you doing? >> What are you covering up? >> I'm not covering anything up. >> You literally just threw everything down onto the floorboard. >> my bag for my license. >> You were literally throwing [ __ ] down. >> I'm parking here because I work here. >> She tried covering something up on the floorboard. >> Hey, Jenny. >> Do you know why I'm Do you know why I'm pulling you over? >> Sienna. >> Do you know why I'm pulling you over? >> Why? >> You're going to give me attitude right now? Like you're annoyed because you went right through the red light in front of us at Orange and Okay. What is working here driving through a red light on Orange and Washington? >> I'm late for break and I'm sorry. >> You're late for break? >> Yes. >> Okay. >> Here. >> Ma'am, do me a favor. Put your car in park. >> Yeah, it's >> I can't because I pulled over because I saw you behind me. >> Put your car in park. >> Um yeah. >> She's You want to talk? So, what do you do for work? >> What I do for work? >> Uh-huh. >> Sales vacation. >> Sales vacation? >> Vacation sales. >> Okay. So, there's an open bottle of tequila in the car. There's a beatbox back here as well. >> A beatbox? That's like 3 weeks old. >> Ma'am, let's talk. How many drinks did you have today? >> None. >> Okay. Why is there an open bottle of tequila in the car? >> There's is >> Why did blow by that red light? >> The stop was lawful. Red light violation satisfies probable cause under Florida statute section 316.075. Under Pennsylvania v. Mims, 1977, officers may order any driver out during a lawful stop. Refusal constitutes obstruction, no exceptions. A visible open tequila bottle triggered plain view doctrine. California v. Acevedo, 1991, authorized an immediate warrantless search. Odor of alcohol plus open container plus erratic driving established DUI probable cause under Florida statute section 316.193. >> I didn't blow by a red light. >> Okay, you did. Do me a favor, put your phone up there. >> I'm not going to hang up. Don't hang I'm not going to hang up. >> Ma'am, just take your phone out. Right now, you're detained for a traffic stop, okay? Do me a favor, >> I'm already parked. >> Ma'am, do me a favor, step out of the car for me. >> I'm going to bring it. >> No, you're not, ma'am. Please step out of the car, ma'am. >> You can't take my phone. >> all right, don't resist. You're going to You're going to go to jail. >> Relax. >> She's not resisting. She's not resisting. You can't take my >> Stop. Stop. She's She's fighting. No, stop. Stop. Let go. Do it now. I said let go. I said let You're You're pulling You're pulling your arm back. >> have my phone. >> You reek of liquor. >> What is going on? Sienna, make sure you stay on the phone, please. >> if she's involved in 73, too. >> In 73? What is that? >> She's We're not talking to you. >> Yes, you are. Sienna, >> What's on the back? >> Where's my phone? >> It's up here. >> going on with you today? >> Sienna, she's over there. >> What is going on with you? >> Sienna, >> You don't know how to be here. I'm hanging up with you, ma'am. >> NO, DO NOT HANG UP MY PHONE. That's illegal. >> Ma'am. >> I have a I have a brother who's a police officer. >> Okay, well, guess what? >> You hanging up on my phone is illegal. >> I'm doing her a favor because if she comes here to this location >> She's She will not interrupt >> this investigation, she goes to jail. So, I'm doing her a favor. >> interrupt us. >> She's literally looking for your location right now. >> No, she's not. >> Ma'am. You've been extremely uncooperative at this point. >> I'm I'm cooperative. What do What do you guys need from me? >> You reek of alcohol. >> What do you guys need from me? >> I'm trying to talk to you. Stop talking over me. Answer my questions. >> sir. >> How many drinks did you have because you reek of alcohol? >> I have not had any drinks. >> Nothing? >> Nothing. >> Okay. FSTs are voluntary. The subject consented results are admissible. Head movement during HGN compromised the test's evidentiary value. No Miranda required during roadside FSTs. Berkemer versus McCarty, 1984. Roadside questioning is not custodial interrogation. DUI arrest rested on four independent pillars. Open container, odor, HGN result, and OLS miscounting. Standard clearly met. Terminating the subject's phone call lacks statutory authorization. Florida law does not empower officers to end a detainee's call without safety justification. >> So, if I do some exercises, are you willing to do some exercises? >> Is that legal? >> You don't have to do them. >> Okay, let's do it. >> Do you want to do them? If I take you out of these handcuffs, are you going to cooperate? >> Yes, sir. >> All right. >> I promise you. >> If you If you act up, you will get a charge or additional charges. Do you understand that? >> Yes, I will not act up. >> You're an adult, right? >> Yeah. >> That's what 18. Uh, check if they have 18 or 19. >> I work here. >> Where do you work? >> It's the Hilton. You might not see it on the building, but this is Hilton Vacation Sales. >> Okay. How many drinks did you have today? >> None. >> Come over here. Check for your front If you would like to take them off, you have that opportunity to take them off. Why did you urinate yourself? Why What's that in the seat? Okay. All right, do you want to take your shoes off? Okay, come over here. Do you take any medications? Have you had traumatic brain injury? Do you have resting nystagmus? Do you wear contacts? Are you wearing them now? Okay, that's fine. Did you smoke any cannabis today? Did you smoke any other drugs? No? All right. So, overall, are you healthy? Okay. Can you come over here? Put your feet together. Face me. If you would like to take them off, that's your 100% up to you. And get the 91 out of there, please. Ma'am, I don't understand I don't know what you know, but I you committed a traffic violation at Orange and Washington. Who said that? Ma'am. Okay, ma'am. So, are you going to quit uh All right. Ma'am, that's going to be a Ma'am. Ma'am, you Can you put your feet together, hands out to your side? Do you have any medical conditions? Are you under the care of a physician? All right. Straighten your head for me. All right. I want you to follow this blue light. It's called the stimulus, with your eyes and your eyes only, without moving your head. Do you understand? Can I blink? Is that okay? >> Can you keep your hands on your side? >> a raindrop on my head. >> You're moving your head. So, we're going to start this over. >> my head? >> I'm not asking you. I'm telling you you're moving your head. >> How did I move my head? >> With your neck. >> I didn't, sir. >> You may begin. >> One. Two. Three. Four. Five. Six. Seven. And we're at the end now. >> Okay. You're And you're done? Are you done? >> This is what you instructed me. >> Okay. So, you that You believe that to be my instruction? Okay, cool. Let's go. Come over here. We're just moving on to the next part. We're going on to the next one. All right. Come over here. Face me. All right. The next exercise we're going to do is the one leg stand. >> 1,001 1,002 What am I counting to? Three? >> You're going to keep counting until I tell you to stop. >> Okay. >> Okay? So, you may begin at any time. You may begin at any time. >> Here? >> Yep. >> One. Two. Three. Four. Five. Six. 23 24 25 26 27 28 29 >> Okay. So, how many drinks did you have today? >> I have not had any. >> None at all? >> No. >> Yep. All right. Now, you're additionally getting charged with DUI, okay? >> No, I have not had any drinks. >> Okay. >> On the one leg stand, the subject skipped from 6 to 23. Miscounting is a documented Nitsa impairment clue. Graham versus Connor, 1989. Force is judged from the officer's perspective at the moment of decision, not with hindsight. The pat down was lawful under United States versus Robinson, 1973. A full search is permitted incident to any lawful custodial arrest. The subject's sexual assault allegation does not convert a compliant same-sex search into misconduct. The procedure was legally sound. The officer failed to narrate search actions on camera. Undocumented steps create evidentiary gaps and civil liability exposure. >> So what happens when they breathalyze me and see I have no drinks? >> Well, that's up to the judge to decide. I make the determination based on based on my training and experience and all my other observations. So you're going to be afforded that opportunity to dispute what I believe. >> What happens to my car? >> It's going to get towed. >> And you've been inside my car? >> Well, we will be because you didn't >> No, without legal um >> We have probable cause for search and seizure. I don't understand what you're talking about. >> No, you don't. There's something on top of my car. >> Get in the car. >> So you went inside my car? >> Please get in the car. >> So you went inside my car? >> Yes, we will go inside your car. >> Without permission? >> With probable cause. Get in the car. >> Without permission? >> With probable cause. Get in the car. >> I need my phone. >> You'll get that. >> anything on you? >> I need my phone. >> Get in the car. Get in the car. You're going to get another charge. Get in the car. Do it now. >> What's the other charge? >> You already have a resisting charge. Don't get another one. We're giving you a lawful order. >> My phone has a charge. with you. Get yourself >> Your phone will go with you. But it's not coming with you in the back of the car. It's going to come up front and then it's going to go to you into jail. >> Officer, can you please get that? >> Watch your feet. Watch your toes. >> So, what is it? You haven't told me the reason I'm arrested. You haven't told me >> I told you you're under arrest for DUI. >> What? How? How am I arrested for a DUI? How? I'm not drunk. I haven't endangered anybody or anything. >> Um >> So, how am I arrested for a DUI? >> What? Johnson probably has an allergy, he said. Or now I >> I'm telling you right now, I have a a brother who's a police officer and I have an uncle who's a lawyer. >> Okay. >> So, how am I arrested for a DUI? >> You're under arrest for DUI. >> You're about to face some real serious consequences. I'm going to tell you that right now. >> Okay, ma'am. >> I'm going to tell you that now. And you know what? I hope this is worth your job. That's all I'm going to say. >> All right, ma'am. How are you? Step on out. I'm just going to search you, okay? >> Search me? >> Yes. >> What do you have to search me for? >> Cuz you're going to jail. >> So, don't they search me when I get there? >> No, they search you before you enter. It's our policy. So, we have to search you now. All right. >> Does that make you feel tough? >> Not really. >> I wouldn't talk back if I were you, ma'am. >> Stand here and watch the car. Widen your stance. >> This is ridiculous. >> Hold on a second. >> [clears throat] >> Hey. >> Hold on a second. >> Oh, wow. >> Actually, here I got it. Here, just take it out. >> What are you going to do? >> Here, just take it out. It's already this way. >> They already have me for resisting as well, so >> Yeah, so you >> I'm good. >> Do not do that. Stop. Ma'am, put your hands where we can get to the ground. >> Are you going to break my my finger? >> If you make it so it will be not our fault. >> Are you going to break it? >> You good? >> Yeah. >> Make sure that one's >> You're searching me to go to jail. This one they're already Don't push me. >> Stop pulling away from me. >> Don't I'm not pulling away from you. >> I'm being arrested unlawfully. >> Hold her like this. >> Record this if you can. Record this if you can. >> We're recording right now. >> No, they're recording right now. Are you going to arrest them? >> Put your hands up. >> Cuz you guys hung up my phone. >> Only your phone is dead. >> You guys hung up my phone. >> Okay. >> You don't have a right to hang up my phone. You don't have a right to do that. >> Sure do. >> Oh my god, I feel violated. I'm being sexually assaulted. >> Nobody's touching you. >> assaulted. >> I'm searching your pockets. >> Stop pulling away. >> She's sexually assaulting me. I will protect myself if you want to continue to do this. >> And then you will get charged. You're already getting charged for resisting. >> She slipped one of the cuffs. >> Get off of her. >> I said what? >> Uh Rosario's in transport. Uh let's put her in Rosario's car. Where's Rosario? >> This is not the right way to hold somebody. This is not the right way to hold somebody. >> Stop resisting, ma'am. >> Oh, not the right way. Not the right way. >> You're going to get hurt. Stop resisting. >> You're going to break her arm. >> Stop resisting. >> going to break yourself by dropping like that. You are going to self-inflict your injury when you drop all your weight to the ground purposefully trying to make it difficult for us to walk. >> Improper. >> Get in the car. She said she was Cuban. >> How do you spell Cuban? Did she say race? >> A partial racial remark was captured on body cam. Any discriminatory language during arrest creates exposure under 42 USC section 1983. The breathalyzer is the decisive factor. At or above 0.08 back DUI sustained. Below charge faces serious challenge. Battery on officer under section 784.07 requires intentional unlawful touching. Resisting under section 843.02 requires willful obstruction of a lawful duty. Both thresholds met, grades lead officer C+. Lawful stop, sound FST procedure. Deducted. Racial remark on camera, phone termination without documented justification. Secondary officer C. Lawful search, correct assignment, critical failure. No verbal narration of search actions, a gap that creates liability. Subject C+. Correctly identified breathalyzer as her legal remedy. Every act of resistance added a charge. Her defense rests entirely on her back result. Lessons comply first challenge in court. A Mims order cannot be refused. It can only be appealed after the fact. Officers must narrate searches on camera. What is not documented does not exist in court. Racial language on body cam opens section 1000 1983 civil liability regardless of whether the underlying arrest was valid. An open container alone creates probable cause for vehicle search. No confession or failed FST required. All true. Let us know if there is a legal topic you would like us to cover in the comments. Thank you for watching. Don't forget to check out Street Body Cam for more content.
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