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If you do not comply, I'm going to put you on the ground. I'm going to put you on the ground. Turn around and put your hands behind your back. Turn around and put your hands behind your back. Turn around and put your hands Step it up. Turn around and put your hands behind your back. Turn around and put your hands behind your back. >> On the 29th of January 2025, Charlotte County deputies stopped a gold Cadillac. The stop alleged a rolled stop sign, a minor infraction with major consequences. >> Give me your information. Huh? You have a deputy. I'm standing in front of you. Step out of the vehicle. Do you have your information? Yes, yes, you do. Why would you not? Okay, step to the front of my car. No, you will. Go. To the front of my car. Go. That's fine. Go to the front of my car. Yes, you can. Sit right there. Sit right there. Sit right there. How do you know? How do you know what I identify as? 42694 Sit down. Sit. I don't care. Sit down. Where's your identification? Where's your driver's license, registration, and your proof of insurance? You've made this so much more difficult than it needs to be. I turned around because you committed a violation of Florida State Statute. It does not matter if it is a yellow light. I have explained to you why you were pulled over. I want your driver's license, registration >> And then you just put your hands on me. >> I did put my hands on you because you're refusing to give me your information and I'm not going to allow you to sit in that car. >> I'm not officer. I am >> You don't operate this. I'm in charge. Do you understand me? Sit down. >> No. >> You tell me how you're complying. I did. I did because you failed to follow a lawful order. >> You need to identify as a male. I'm a female and you just put your hands on me. >> I did because you are failing to produce your identification. >> officer >> Did it. >> I did not officer. >> When I asked you driver's license, registration, proof of insurance. Where's your driver's license? Where is your driver's license? Where is your driver's license? Where is your driver's license? >> No officer. You put your hands on me. You put your hands on me. >> Ma'am. >> You're being detained. No, you put your hands on me. What are you doing? >> You're being detained. >> Officer, you put your hands on me. What are you doing? >> If you do not comply, I'm going to put you on the >> I've been complying. >> to put you on the ground. Turn around and put your hands behind your back. Turn around and put your hands behind your back. >> You're putting your hands >> Turn around and put your hands behind your back. >> I literally have seizures and you're putting your hands on me. >> Turn around >> Officer, no. You're putting your hands on me. Officer, you're putting your hands on me. >> Step it up. >> Officer, you're putting your hands on me. You're making me uncomfortable. >> Turn around and put your hands behind your back. >> You're making me uncomfortable. No. Stop officer. Officer, you're hurting me. I didn't do anything. You didn't even ask for my identification. >> I did. >> No, you didn't officer. You're hurting me. You're hurting me. Officer, you're hurting me. He's hurting me. >> Get your hands on the >> Officer, I didn't do anything. I didn't do anything. >> Hey Kicker. >> Officer, officer, please let me >> Hey guys, just get on the side of the road. Hey guys, guys listen to me. >> I didn't do anything. >> Hey, listen to me. Get on the side >> He didn't even ask for anything. >> Relax. Hey, relax. Get her back. Relax. >> Please, no. He's hurting me. >> I got her. Relax. Let's go. Relax. Hey. Stop. Relax. Relax. Relax. Hey, look towards the car. Look towards the car. Here. No, you're fine. Just relax. Hey, what's your name? I was at a yellow light. What's your name? Hey. He is not hurting you. You're not listening. LPD. Hey. Deputy. Hey. He literally didn't He stopped me for no reason. I came to a complete stop. He made a U-turn. And then I came out and he tried to put his hands on me as a woman. Right here. I promise you deputy. I'm trying as I can to breathe fresh air. I've been cooperating. He tried to put his hands on me. I swear on my life I didn't do nothing wrong. He was hurting his own feelings. I didn't do anything. I'm going to try to pull everything out slowly. I didn't do anything I swear on my life. I was sitting at the yellow light and I waited for him to stop and I came after him and he made a U-turn on me. I am calm and he hurt my feelings and he upset me and then he put me up I didn't even say [ __ ] I came out and I was "No, I refuse." Because he was being mean to me. >> She's clear. He said I don't know if this guy had a hoodie like a pocket on the side. >> No, you're wrong and you know it. >> fine. I've been wrong before. >> You've been wrong before. >> I know I have. >> I know you have, but I know him. >> Okay. >> I know him faithfully and you hurt me. You put your hands on me. No, but you put your hands on me. >> I know, but because you didn't listen. >> No, I did listen because you pulled me out of the car and you didn't tell me what I did wrong. You did that and you know you did that. >> I did. I just told you I did. >> No, you did You're not >> Go do what you want. >> I didn't do anything wrong. >> Under Whren versus United States, any traffic violation provides constitutional grounds for a stop. The validity of this stop, however, remains disputed and that dispute matters legally. If the stop is invalid, the exclusionary rule applies all evidence gathered becomes suppressible. Pennsylvania versus Mims holds that officers may order a driver out of a lawfully stopped vehicle. No additional justification is required. The order was lawful on its face. Florida statute 322.15 requires drivers to produce a license upon law enforcement demand. Refusal is not a protected act, it is a statutory violation in its own right. Graham versus Connor sets the use of force standard. Objective reasonableness at the moment. Three factors govern. Severity of the crime, threat level, and degree of active resistance. The underlying offense here is a minor traffic infraction, not a violent crime. No weapon was present, no immediate threat was documented, verbal resistance alone remained. Physical escalation within 40 seconds raises legitimate proportionality questions under Graham. De-escalation training exists precisely for moments when force is available, but not yet necessary. >> Is she good? >> Yeah, there's an open beer bottle on the center console over there. >> Which would confirm I She was smelling it out of her breath while she was talking to me the whole time. Hey. I got a question for you, okay? Listen, I believe you're under the influence of alcohol. Would you be willing to >> I would be. >> You'd be willing to complete standardized field sobriety for me? >> I wasn't under the influence. I was looking for my vehicle I mean but looking for my car in my friend's vehicle. >> Okay. >> I didn't go anywhere and you know that I didn't You made a U-turn behind me. >> I did because I saw you >> made a U-turn behind me because it was on a yellow light and I had the right of way and I made the right turn. >> That's incorrect. I told you why I pulled you over. You failed to stop >> Officer, and even after >> Okay, listen, I'm not arguing. Give me just a second. You are though. Hey. >> What the deputy wants you to do is field sobriety exercises. You know what the difference between that and the the breathalyzer is? >> Yes, what I asked was uh is that the probable cause? >> The probable cause is the traffic stop and the odor of alcohol. >> Right, but he didn't give me the odor of alcohol. He pulled me out of my vehicle because he said I made a traffic violation. Can you give me the give me the description of that? >> We're not going to stand here and debate the reason for it. >> debating that but I know you you know that I've I've been stopped before and I've been in the jail because of the hurricane and I can't go to jail because of bond. So, I was very compliant because of that. So, there was no reason for me not to be compliant. With that being With that being said, why would I go back to jail knowing that my bond can be revoked and I can go to jail for that? >> What we're asking you to do is field sobriety exercises. >> thing is is if I will be able to pass that, what will go after that? >> We would make the determination at that point. >> Determination at that point? >> Yep. >> If will I be able to get a a traffic violation? >> going to you one way or the other because we're not there yet. >> I understand that, but I'm I'm I'm being very very understanding and I'm trying to understand what's going on. At this point, even if I were to pass or not pass, where is the violation that I committed? >> Again, I'm not going to debate >> I I don't know the violation that I committed is concerning. >> He was explaining it to you when you were standing on the side of the road screaming. >> He No, I wasn't I I literally got pulled and grabbed I have a literally not mark on my arm that shows that he literally put me over when I told him that I was a woman I would rather be a female because he told me he wanted to search me. I didn't have that option. But but maybe I'm upset. But I'm talking to you guys literally I know you before you know me before. I'm trying to tell you that he upset me because he told me I I I what can I identify as and I identify as a male or female. So, are you making me uncomfortable or trying to make me feel like I'm not a male or female? >> I'm trying to be respectful. >> No, it's not respectful because the way he said it. >> That's how you perceive it, okay? >> But exactly and that I'm only being compliant because of that, but I'm not being in compliant because of his actions. I'm being compliant because I already said it. >> So, at this point are you going to submit to field sobriety exercises? >> Even if I submit or not submit, if I'm going to be able to pass >> to submit >> No. >> submit? Okay, perfect. >> I want to submit, but I need to know the answers to that. >> You're under arrest for DUI. >> An open beer bottle on the floorboard and odor of alcohol on breath shift the legal picture. Florida statute 316.193 requires observable impairment indicators, not proof of intoxication. These two factors in combination establish probable cause for a DUI investigation. Florida law distinguishes field sobriety exercises from chemical breath tests under implied consent. Florida statute 316.1932 implied consent covers chemical tests only, not roadside FSTs. A driver may legally refuse field sobriety exercises. That refusal, however, is admissible at trial. The arrest declaration came before the subject gave a final answer on FST submission. This sequence creates a factual dispute the defense may exploit in suppression proceedings. Florida does not use portable breathalyzers at roadside. Chemical testing occurs at the station. Florida statute 843.02 prohibits willful resistance to an officer in lawful execution of duty. Florida courts require more than verbal protest. An overt act of obstruction must be established. The line between protected speech and criminal obstruction is narrow and fact-dependent. >> Are you going to breathalyze me or what? >> No, ma'am. We don't use portable breathalyzers in the state of Florida. >> Hello. Yes, can I please get my sobriety test, please? >> Then there to do me step out for me and I'm going to search you. >> May I get my sobriety test for breathalyzer? Like god damn, I didn't do [ __ ] What the [ __ ] I'm not even drunk. I literally had I didn't even have one beer. >> Well, spread your feet for me. >> Y'all are not going to try to give me a test or what? >> Just uh alcohol DUI doesn't just mean alcohol. I mean >> I'm not on nothing. I don't do drugs. What the >> I'm not saying that you do. I'm just saying that >> Y'all told me y'all were going to give me a test. I'm like, what the [ __ ] Where's the test? >> Didn't you just refuse? >> No, they told they're trying to confuse me. I'm what the I'm saying I'm trying to say like I didn't do anything wrong. That's why I'm saying no. I will take a test if I have to prove it. >> Jimmy, paper. Stop moving. >> I can't go to jail. I literally just went to jail for a hurricane Milton curfew. >> Yeah, I need her to turn and face the car face the car. Spread your feet. >> Okay. >> I need you to stop moving. Spread your feet. >> I have nothing, literally. >> I I don't care. I need you to spread your feet. >> are spread. Sir. What the [ __ ] Y'all are tripping. >> This is crazy as This is kidnapping. This is [ __ ] insane. I didn't do anything wrong. What the [ __ ] You guys are [ __ ] crazy to stop me. >> Can I see your face, ma'am? You got anything in your mouth? >> No. I literally came out to check my phone. >> You got anything in your mouth? >> No. >> [laughter] >> Can you stick your tongue out for me? Okay. >> This is [ __ ] insane. Y'all are crazy as >> Okay. Have a seat. >> Y'all are crazy. Can I take my test now? >> Um I'll have to ask the uh >> Is this your phone? >> Can I take my test? >> Huh? >> That's not my phone. Can I take my I was looking out for my >> So, whose phone is this? >> I have no idea. >> So, do you want me to leave it in the car? >> I need to take my test. >> You refused. >> No, I don't know what you're talking about. That's not what you said. >> not what you said. You made me feel like I was going to jail regardless. >> Get back in the car. >> No, that's crazy. >> Yes, ma'am. >> Oh my god, y'all are tripping. Oh my god, this is crazy. What the >> Charlotte County deputy initiating officer receives a C+. The stop was legally grounded. The exit order was proper under Mims. Probable cause was documented. However, physical escalation occurred before verbal de-escalation options were exhausted. Graham permits force when resistance is active. It does not require it as a first response. The subject, the driver, receives a C. She raised legally valid questions about probable cause and demonstrated awareness of her rights. However, refusal to produce identification violated Florida statute 322.15 without legal basis. The appropriate remedy for an unlawful stop is a motion to suppress, not roadside non-compliance. Her stated reason, "He was being mean to me." carries no weight as a legal defense. The backup deputy receives a B+. Accurate legal explanations, measured tone, and consistent de-escalation effort throughout. Correctly declined to promise outcomes preserving voluntariness of any subject actions. Lesson one. Compliance is always the tactically superior choice, even when you believe you are right. The legal system provides the motion to suppress. The roadside is not the courtroom. Lesson two. Probable cause can build incrementally. One factor alone may not suffice. Combined indicators, odor, open container, behavior construct a legally defensible foundation. Lesson three. De-escalation is not weakness. It is liability management and tactical discipline. Early physical escalation in low threat situations increases civil exposure and undermines credibility. Let us know what interactions or legal topics you'd like analyzed in the comments. Thank you for watching. Check out Street Body Cam for more police interaction and courtroom content.
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