Hand me the cup. >> Hm? >> Hand me the cup that's on the floor. There's a cup, a red solo cup on the floor. >> What are you What are you [ __ ] What are you doing? >> You said throw out the cup. >> I didn't say >> I said hand it to me. >> You just threw it right on my [ __ ] Put your hands inside the car. Put your hands inside the car. Inside the car. >> What happened? Alcohol in case you >> Get back in your car. Was there alcohol in the drink? >> That was lemonade. >> Um why'd you throw it on the ground then? >> That's why. >> Because you said throw out that's that's >> I did not say that. I said hand it to me. >> Officer, I'm sorry. My English not so perfect, okay? I just keep >> No, I can smell it now. >> Hey, you smell it now, yeah. She tossed it right out the window. >> On the 8th of April, 2024, a New Jersey officer initiated a traffic stop on three independent observed violations. No front plate, illegal window tint, and failure to signal, all valid under NJSA. Under Warren versus United States, 1996, any observed traffic infraction provides constitutionally sufficient grounds for a stop, regardless of the officer's subjective motivation. The stop was lawful. >> Look, can I see your license, registration, proof of insurance, please? Just so you know, this car stop being recorded, okay? >> Yeah. What I did? >> I'll explain it to you as soon as you provide me those documents, okay? Where are you coming from? >> From Thailand. >> From where? >> From San Francisco. >> Okay, where is that at? >> San Fernando Valley, Los Angeles. >> Okay, where are you heading? >> Huh? >> Okay. Stop that guy? >> I was going to let her go check on the way he's coming out. >> What's going on? >> This is my wife. >> Stay in the car. >> This is my baby. >> Got what? >> My husband. >> Insurance card or something? What do you What What do you got there? >> No, I was just hiding hiding it. >> Oh, no, I don't need anything from you. >> Oh, okay. >> You know, I don't need anything. He just pulled her over. I don't know why he pulled her over, but yeah, we don't need you at all, man. >> Look, police report that for a good people. I don't know why you What's what's wrong? >> I'll explain what's wrong in a second. You take those back. >> Mhm. >> So, you don't have a front license plate, your windows are tinted, and you didn't signal any turn until I stopped you. You signaled pulling over. >> Oh, that's actually my car. >> Can you get back in your car? >> Yeah. >> Yeah, it's his car. And it's my car. We must switch cars. This is my husband. >> What's um What's in the cup down there? What's in the cup on the floor? >> Lemonade. >> Hand me the cup. >> Hm? >> Hand me the cup that's on the floor. There's a cup, a red solo cup on the floor. >> What the [ __ ] What are you [ __ ] What are you doing? >> He said throw the cup. >> He didn't say throw it. >> I said hand it to me. >> He said throw it. >> Get out of my [ __ ] Put your hands inside. Put your hands inside the car. Inside the car. >> Get back in your car. Was there alcohol in the drink? >> No, it was lemonade. >> Um, why'd you throw it on the ground then? >> Cuz I said throw that that that I I did not say that. I said hand it to me. >> I'm sorry. I'm sorry. My English is not so perfect, okay? I just came >> No, I can smell it now. >> Hey, smell now, eh? Should have tossed it right out of the car. >> Do you have anything to drink tonight? >> No. >> Okay, well, I smell the alcohol now that you threw it on the ground. >> No, it was lemonade. >> It was not lemonade. I can smell the alcohol. >> I haven't I haven't drink tonight. >> Is there something he doesn't understand about getting in the car? >> Hey, sir. Just do me a favor, sit in the car. We're on a highway. I don't want to see you get hit by a car. >> All right. Yeah, I was just worried about it. >> No, she's okay. >> Okay, this is um >> Okay, it's my friend. I got you. >> And you said that's your >> Get back to him. >> I don't know what's going >> I'll show him. >> All right. You said You said that's your car, right? >> Yeah, yeah, that's my car. And this is actually her car. >> All right, just do me a favor, sit in the car. I don't want to see you get hit by a car. >> All right. I I'll I'll let with >> Yeah. Thank you. >> Our friend is a cop. That's why. >> Yeah. >> I don't even know what >> Rob, just have him get in his car and go to Quick Check. I don't I told him that multiple times. >> Sir, for the last time, get in your car. Get in your car. >> I know that's not right. >> I understand that, but you're over here walking around on a state highway. All right, at least sit in the car. I don't >> [laughter] >> You know, the environment for us here. >> I'm sorry, brother. We're just trying to That's all right. >> All right, miss. Get out of the car. >> Huh? >> Step out of the vehicle. Walk to the back. >> But I don't know why the police pulled me over. >> No. >> Yes. >> Yeah. So, walk back here. Well, yeah. Stay right there. Rob, just um hang with her for a second. Where are you coming from? >> What's happening? >> Well, I'm guessing he's probably going to test you to make sure you're all right to drive. >> why? >> Probably cuz you just threw a cup of alcohol on my foot. If I had to guess, that's probably why. >> what's happening. >> Yeah. >> Then why did you pull me over? >> Get back in your car. >> Oh my god. >> Oh, don't care. Is that your husband? >> Yeah. >> Okay, and is it over driver or two? >> Yeah. >> I'm not sure why he's telling us that. >> Just put your hand Look, put your hands up real quick. >> When the officer requested the cup, the subject tossed it out the window. That single act destroyed potential evidence and provided the officer with a new independent basis. The odor of alcohol sufficient probable cause under State versus Beeler, 2006, to initiate a full DWI investigation under N J S A 39 to 4 to 50. All right. You got any problems with your eyes? >> Yeah, I wear reading glasses. >> You wear You wear glasses. Okay. Did you have anything to drink tonight? >> No. >> No alcohol? >> No. >> Put your hands back at your side. Do you see the tip of my pen? >> Mhm. >> Right here? >> Mhm. >> You see that? >> Mhm. >> All right, you're going to keep your head still. >> Mhm. >> You're going to follow the tip of my pen with your eyes and your eyes only. Do you understand that? >> Mhm. >> Is that a yes? >> Yes. >> Who is all this? >> Both of them. >> Both? >> I don't understand like he stopped here before and gave me his license. I don't know I don't I just started to go to QuickCheck. You're not involved with this traffic stop. Let's go. I don't understand why you keep him out here. He says I get to my wife. I don't understand that, but you're interfering. Go. Get out of here. >> I keep telling you're in the middle of the state highway. >> I don't understand why he keeps getting out of the car. And now she doesn't understand why she's out of the car. I just probably cuz he threw a cup of alcohol out of my foot. >> Okay. See where I'm pointing my light? Go stand on that spot for me. Face me. I want you to take your left foot and put it in front of your right foot like this, heel to toe. With your hands at your side. Can you get into that position? Left foot in front Left foot in front of your right, heel to toe. Hands at your side. You're going to stay in that position until I tell you to begin. Can you touch your heel to toe? So, your feet are in a straight line? >> Like that? >> Just like that. When I tell you to begin, you're going to take a series of nine steps touching heel to toe as you walk. When you get to the ninth >> Heel to toe? >> I'll show you. I'll demonstrate as soon as I'm done. Nine steps in a straight line heel to toe counting each step aloud. When you get to nine, you're going to plant on your lead foot, turn around in a semicircle, and come back nine heel to toe steps. It's going to look like this. Left foot in front of your right foot touching heel to toe, hands at your side. When I tell you to begin, you're going to take nine steps. 1 2 3 all the way up to nine. Once you get to your ninth step, you're going to leave your lead foot planted, turn around in a semicircle, and go back nine steps. 1 2 3 all the way up to nine. Do you have any questions? >> Yeah. >> What's your question? >> No, let's go. >> Excuse me? >> Let's go. >> Go ahead, you can start whenever you're ready. Do you understand what I meant when I said heel to toe? Your heel and toe are touching. When you take your steps, it's going to be heel to toe like this. You didn't do that on any steps. So, get in the Get in the starting position again with your left foot in front of your right foot like this. Hands at your side. Stay there. >> Oh my god, this is difficult. >> Okay. >> Like models >> Stop. Stop. Stop. >> Okay. >> You have to listen. This is a test. I need to see how you do on it. Left foot in front of your right foot. When I tell you to begin, nine heel-to-toe steps, counting each step aloud. At the end of your ninth step, you're going to turn in a semicircle and go back nine heel-to-toe steps. Like this. >> Okay. >> Heel-to-toe. One, two, three. All the way up to nine. Turn in a semicircle, back nine heel-to-toe steps. One, two, three. Do you understand? >> I think so. >> Okay, get in the starting position. Left foot in front of your right foot. Hands at your side. Count each step aloud. Nine heel-to-toe steps in both directions. You may begin. All right, can you put your feet together, hands at your side? Feet together, touching. You have any problems with balance, any problems with your back, legs, knees, anything like that? >> yes. I cannot do roller coasters, I cannot do skateboard, I cannot wear high heels. >> not going to ask you to do any skateboarding. I can see you're not wearing high heels. >> I cannot do that because I'm losing my control and falling. >> So, this test is going to be a one leg stand. What I'm going to have you do is when I tell you to begin, you're going to lift either foot of your choice. It's going to go out in front of you approximately 6 in off the ground like this. You're going to look down at your toe, you're going to count aloud by thousands. 1,001, 1,002, 1,003, and so on until I tell you to stop. If you put your foot down, you're going to lift it back up and continue where you left off. 1,004, 1,005, 1,006. Do you understand that? >> I won't do that. >> What? >> I won't do that. >> I I don't understand. >> make it then. >> You won't make it? >> Yeah. >> Why not? >> That's physically That's a lot of exercise to do that. 1,000 times keep my lungs >> I'm not asking you to do it for 1,000 times. I'm asking you to count by 1,000. You want to count, you can count by 1, 2, 3, 4. However you want to count. But your leg's going to be out in front of you. You're going to be looking down at your toe. It's going to be about 6 in off the ground. Hands at your side. Do you understand that? >> How much the times it's >> I'll tell you when to stop. >> Oh my god. >> Do you understand? >> I understand, but this it's not possible for me. >> Can you try it? >> the strong and I'm driving to work all day long. My legs always shaking. >> Can you try it, please? >> We can try it. >> Go ahead. >> You could walk. >> It's like physical It's physical exercise. >> All right. I just did it, no problem. I've been working all day, too. >> You're a strong man. >> Yeah, but you're a strong man. I am 50-year-old woman. >> All right, give it a shot. I'm trying to make sure you're not intoxicated. >> Okay. >> Since you just threw an alcoholic beverage at this gentleman. >> Okay. So? >> Do you need me to explain the test again? >> No, I understand the test. >> You can begin. >> 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 >> Okay, you can stop. Lean against your car. >> Did you get any on your eyes? >> Four. >> Oh. >> You want to give him a shot real quick? >> Yeah, sure. >> I think he'd get the last two. >> Maybe um >> I don't think the alphabet's going to be good with the language. >> I don't know. I mean, she counted to >> She did count. >> She did count pretty well, so she may know the English alphabet, you know what I mean? >> I would do that. Do the finger and then do the chin again. >> Okay. Ma'am, what's your highest level of education? >> Bachelor. >> What's that? >> Bachelor. >> Bachelor degree? Do you know the English alphabet? >> A B C A D >> The ABCs, do you know them? Can you recite them without singing them? >> Okay, I don't know English and speak >> I I understand that. >> English when I came to America just 6 years. >> You've only been here for 6 years? >> Yeah. >> Okay. All right, I won't I won't ask you to do the alphabet then. So, I won't ask you to even do it then. Do you see my hand? >> Yeah. >> What I'm going to have you do, you're going to take your hand >> Mhm. >> Don't do it until I show you, okay? You're going to touch each finger and then go back and you're going to count aloud as you do it. It's going to look like this. 1 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 >> And that's what I can do. >> And you're going to continue to do that until I tell you to stop, okay? >> Okay. >> You can begin. >> 1 2 3 4 4 3 2 1 1 2 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 1 2 3 4 >> Now, you can stop. >> 2 1 >> Just listen to this officer. He's going to have you do one thing, okay? All right. This way a little bit. No. You're going to face me. So, you're going to look at me, okay? Do you wear glasses at all? You do wear eye glasses? >> Reading ones. >> Huh? >> Reading ones. >> Oh, reading ones. Okay. All right. So, you see the tip of my pen? You're going to follow this with your eyes and your eyes only, okay? You're not going to move your head. Do you understand? >> Mhm. >> You can walk through down here. Stay Stay right here on this path. You don't have to walk on the highway. >> The officer then administered the three NHTSA validated field sobriety tests: horizontal gaze nystagmus, walk and turn, and one leg stand. NHTSA protocol: four or more HGN clues indicate 77% probability of BAC at or above 0.1. Officers observed four clues at maximum deviation. On the walk and turn, the subject failed to touch heel-to-toe on any step and did not count aloud as instructed, two clues of the eight scored. Two or more WAT clues indicate a 68% probability of impairment under NHTSA data. However, a critical due process issue emerges before the one leg stand. The subject disclosed a pre-existing balance condition stating she cannot use roller coasters, skateboards, or high heels due to loss of balance control. She was 50 years old, fatigued from driving. NHTSA guidelines require officers to document disclosed medical conditions affecting legs or balance before scoring OLS and WAT results. No formal documentation of that disclosure was captured on camera, a procedural gap that a defense attorney will target at trial. The 14th Amendment due process clause requires that FST instructions be meaningfully comprehensible to the subject. Officers themselves acknowledged on camera that the English language barrier was a confounding variable, yet the walk and turn results were still scored. The officer's decision to waive the alphabet test due to the language barrier was appropriate, but that same logic should have been applied to what scoring. >> Who did that? At max, were those things bouncing for you? >> Yeah. >> Okay. >> I was getting I didn't I got I didn't get on set. That's the only thing I didn't get. >> They're they're bouncing like big time, you know, at max. >> So like her balance and stuff wasn't really didn't seem like she was listening or paying attention. >> All right. >> Guys, I am going to drive. >> Oh. >> All right, we're discussing this. >> I think it's highly unlikely. >> She's also drinking and driving. >> Right. >> You know what I mean? Uh why would she just randomly toss the alcohol out the car out of my car? >> She's going to take it for that. >> You know what I mean? You know what I mean? If I don't know. To me it's just like if she wasn't impaired, you know what I mean? Why you tossing the [ __ ] drink out of my car? You know what I mean? For no When you told her straight I heard you say "Give me the drink." Give me the I think it was a red solo cup I think you said. You know, and then she tosses it. You know, I don't know where where where was she coming coming from? >> She said she was coming from 10 Ocean Ave. >> Okay, that makes that makes sense. It's probably Brian and tough. That's what she was called. >> Okay. >> And then he pulled back. If I had to guess, that's probably Brian's wife's girlfriend. I mean, Brian's wife's friend, his sister probably. I think Brian's wife is Russian. Whatever, that's here and there, but It's up to you, man. You know. You know, I don't know. It's just I don't know what you had, you know what I mean, prior. >> No moving violations, other than not signaling. >> Right. Yeah, and then you had, you know, the alcohol alcohol in the car. She reeks of alcohol. You know, the what the the what I said, and the the leg was bent. >> Yeah. >> You know what >> I didn't see the I didn't see that. >> Yeah, the leg was bent. >> she was sagging. >> I noticed that that the leg was bent when she did it. It wasn't straight. You know, that's how she's able to count that, you know. >> Yeah. Rob, come here real quick. Ma'am, stand there. Don't move. What do you think there, buddy? The walking turn wasn't She didn't try. No. She didn't She didn't try at all. She just walked through. Even after you explained it to her again. >> We agreed that she'd be okay, huh? >> Yeah. >> I gave her a little slack cuz of the English barrier, you know, but she understood that. >> Which is why I didn't really note the walking turn, too. >> Yeah. Yeah, the the walking turn wasn't too great. She didn't even count. She just walked through normal. >> I think she would have stressed that more. >> I know. He did the second time. She did the same thing. >> Didn't tell she was talking. >> Didn't tell she was talking at all. >> Did you breathe out behind her a while? >> Nah, just up winded. You know, you got that. ABCs went into the language barrier. We agreed that she'd be okay. Well, like I said, the leg was bent. That's why that's why she wasn't, you know, swaying at all. But, um >> Her eyes were not good, either. >> And she tossed the alcohol drink at me for what? She understands English pretty well. I don't know where she thought to throw it out the window. >> She threw it out at the window over here. >> Yeah. >> Especially if you say like oh and then >> I don't know. He said it multiple times to her. I was looking for the cup. I didn't see it. And then she She just launched it out the car. I was like woah, okay. >> All right. All right. >> What do you want to do with Nellie? >> I'm leaning towards it. She just She didn't do great on her eyes. They're terrible and her walking is terrible. And she had you know the alcohol beverage in the car. She threw it out. >> There was two cups in there too. I don't know. >> Were there? >> Yeah. I think it was two. >> Even with Like even when the key was in the ignition, I saw it was a lot of movement. >> Okay. >> Got next. It was bouncing like a mother. >> All right. >> All right, ma'am. Turn around. Turn around. >> 176410 >> Turn around. >> Why? >> Turn around. You're being placed under arrest for drinking and driving. >> Get out of the >> Why? >> 1728 for having a female 41 for 415. >> Why are you doing >> You're under arrest. Don't make any sudden movements. Just comply, please. Put your >> Why are you doing >> Thank you. >> Why? Oh my god. >> Sir, stay in the car. >> Yeah, they're sitting. >> What's going on? >> Please. >> Rob, just explain to him what's going on. >> Ryan, so please don't pull my wife. >> All right. Walk this way with me. >> No, please don't pull my wife. No, I'm begging you. >> It's over. It's over. Come on. Walk this way. We're just going to get in the back. We're going to get in the back of the vehicle, come on. >> All right. All right. >> You're under I'm not explaining to you right now. >> Please. Yeah. >> You saw we ran you through a bunch of tests. You did not do great on the tests. >> I'm begging. Please. I'm begging you. >> Step up in there. Let's do a quick search of the vehicle. >> Troy, you just want to explain to him what's going on? You know, and uh Obviously, the car is getting impounded. >> Rob, go explain what's going on to him. >> Okay. >> Um 450 How do you open the store? Like this. There you go. I think you press it. >> 10-16 for Johnny. I'm following the vehicle. >> What did you say? >> Troy, I got Johnny he's under arrest. >> Okay. Cool. >> Got her. >> Oh. >> I don't know why they have to reinvent door handles, you know? >> I know. I'm going to take her bag, dude. >> Okay. Anything in it? >> Uh no, nothing really. >> Grab her uh wallet, too, then. >> All right. Yeah, I grabbed that too. >> Her cell phone's in the center console. >> Yeah. >> I was just wondering what's going on. >> So I guess during the course of the stop, there were indicators of maybe a little alcohol consumption tonight. Um didn't satisfactorily pass the tests, so she is going to be placed under arrest for driving while intoxicated. >> But she passed that test, though. >> She didn't. >> She didn't stumble or nothing. >> She didn't. >> So what was the What was the um >> I'm not going to get into every detail of what goes into the test and what counts as a pass or fail, um but she didn't satisfactorily do the tests. >> Man. >> Come on man, we're Uber drivers, man. [ __ ] >> We have jobs to do, you know? >> that. >> We got to keep these these streets safe. >> But she she is safe. I mean, she didn't do I was >> Not to Not to mention she threw a cup of alcohol out at my sergeant. So, the car has to be impounded for 12 hours according to John's Law. Um if you would like, she's going to need somebody to you know, come and uh sign her out in a little bit when she's done getting processed. Um and the timetable on that varies whether she's going to uh do the chemical breath test or not. Um so, if you want to meet us over at headquarters, you can. >> Yeah. Wait, where is that at? >> It's uh 151 Davison Ave, right at the corner of 36 and Miller. >> 151 >> Davison >> Davidson? >> Davison >> Davison Oh, Davison Oh, Davison >> I say it a little weird. >> Yeah, yeah. 151 Davison >> Yes, sir. >> Atlantic Highlands? >> Highlands Zip code is 07732. >> I don't know, man. We This is This is insane. >> All right, so we'll be over there in a minute. >> Okay. They have to take the car or what? >> Yeah, state law. It has to be impounded for a minimum of 12 hours. Tell them to wait for a phone call. Get anything off of the car. >> It smells of >> You check this little patch right here at this door handle? >> On my side not very well. Let me go look at it. I think it's like a pink pink something in there. >> Oh. >> That's what it is then. >> That's tasty. >> I don't know. We're going to have to look that up real quick. Pepper spray. I mean if she's going to go to all that trouble to see why but >> Oh yeah, I see why. In that door I definitely see why. I want to say they are. >> I think they are now. >> across this before? >> They used to not be. >> I know you can buy like if you go to a gun store you can buy the ones that shoot. I'm pretty sure you could have them. >> I'm going to leave it then. Where are the keys to the car? So it's either a key card >> know dude. I have no clue. It's my first time in a Tesla so I don't know how >> It's either a key card, her phone, or a car shaped thing. >> Probably in her bag, right? If I had to guess. >> the uh keys to the car? >> So there's no actual keys to these or >> No no no. It's either your phone >> Okay. >> or some kind of card. >> Or it looks like a Tesla card. >> It looks like a credit card. >> It's the phone. >> Oh, it's the phone? >> Must be an app on the phone. >> Okay. >> Does she have the key card? >> I don't know. She said it's on her phone. >> Is he Is he sticking around Rob like in the area to pick her up? >> Yeah, I think he's just going to go wait at headquarters. >> Okay. >> All right, cool. >> Kevin, do you want to wait uh >> Did you roll this up? >> No, it just locked. >> Who locked it? >> Probably him. >> Why did he lock the door? >> I don't know. Either that or if it's automatic. >> Is the car off? >> I have no clue. I don't know how these [ __ ] work. I think it's off. I don't know. Tap key to unlock. >> They locked it from inside. Whatever anything else in there we got the bag, you know. Whatever. >> Whatever they got to do to tow it, they tow it, you know. >> Yeah. >> Do you want to wait uh bring Robbie in with me or Uh I'll come in with you. I'll go. >> It's matter. >> All right. >> Let Rob figure out the uh the Tesla stuff. I come back and >> even heard of it being on the phone. >> Yeah, a couple things. Yeah, I have no clue how these things work, man, you know. >> Yeah, unless they're transporting her then. >> Here, do you want this? >> Is there a phone in there? >> The phone is in there. Put it in there. Maybe maybe when when you take it out of the car it does that? I don't know. >> Yeah, I have no clue. I thought maybe the husband did it. >> I thought so too, but yeah, could be when you take the phone out. >> All right. Is he now the cook the tow is coming? >> Yeah, he's He was like, "Do you have tow?" And like, "Yep, unfortunately." >> All right. And then once the tow comes, you know, just tell him maybe >> We got your phone, your wallet, and your pocketbook. >> I told him the phone 35 minutes. >> We got a tow coming for it. >> I would just tell him 35 minutes coming. Uh I mean? By that time after 20 minutes we should be >> Does the car lock automatically when your phone does? >> If not, anyway, you know, she's got the phone. >> He's not allowed to. He's He's not allowed to because it's >> called John's Law. We have to impound your car when you're arrested for a DWI. >> She's got her phone with her. >> Yeah, we got her. >> Did you ask her cuz that usually happens if >> you bring the car? >> Uh she started arguing with me that that uh >> We're towing the car. >> Okay. We're all >> I'll meet you inside. >> Yeah. >> All right. >> Going off waiting till 1728 County. 10-11 my starting >> 1728 starting. >> 49999 >> 49999 This is the birthday 412. 1732 10-8 10-11 10-20 10-33 >> I can't hear you. >> 10-17 10-20 >> What did you ask? You appear that way to me. You didn't do well on our tests. >> Yeah, I left the bar. >> I can smell it on you now, and you said you had nothing to drink. >> Yeah, I had one drink. >> Okay, well, you lied to me. We're going to do a test. 1728 County. You're arriving at headquarters 1011 my ending. >> 7020 give a track. >> 50,000 >> 50,000 received. >> The subject was ordered out of the vehicle under Pennsylvania V. Mimms 1977, which permits any officer conducting a lawful stop to do so without additional cause. The arrest was announced at the 21-minute mark. No excessive force was used. Handcuffing was proportionate and professional, meeting the Graham versus Connor 1989 reasonableness standard. However, during transport, the subject stated, "I got one thing, okay." A partial admission made after being handcuffed in the patrol vehicle. At that point, the subject was unquestionably in custody. Under Miranda versus Arizona 1966, any custodial interrogation requires advisement of rights before questioning. No Miranda advisement was captured on camera prior to that admission, a suppression risk. The vehicle was searched incident to arrest under Arizona V. Gant 2009, which permits such searches when evidence of the offense may be present. Under John's Law NJSA 39-4-50.23, the vehicle was subject to mandatory 12-hour impoundment upon DWI arrest. Officers complied. The subject's initial denial of alcohol, later contradicted by her own admission, created an inculpatory record that significantly weakens her defense. Had she remained silent, her Fifth Amendment right against self-incrimination could not have been used against her. The denial transformed the situation. >> Good. >> All right. Up out. No walking through this door. Good. Keep going. Going to make a left at the end of the hall. Have a seat on the metal bench. >> Can I have a couple of water, please? >> Excuse me? >> Can I have a couple of water, please? >> Not right now. Sit down. All right. I got to read you some paperwork. >> You want to try for a pat down or not? >> She Yeah, she's got a lot of layers on. >> Yeah, pat her down real quick. >> What's that? >> a couple of water, please? >> In a minute. What um What's your address? You said Keensburg, so >> 9 Camp Kilmer. >> Kilmer, okay. >> Please. >> What? Something going off that we're recording in. >> Grading arresting officer B. The stop was legally supported on three bases. Force was proportionate. Deducted for no documented response to the medical disclosure and no Miranda advisement captured before the custodial admission. Grading back up officer Rob B plus. Effectively managed the interfering husband on an active highway. Waved alphabet test appropriately. Independent HGN corroborates findings. Minor deduction. Shared the procedural gap on the balance disclosure. Grading subject C plus. Disclosed her balance condition before testing honest and appropriate. Did not resist arrest. However, the cup disposal destroyed evidence and the denial of alcohol later admitted created the most damaging record. Grading husband B minus. Did not obstruct physically. However, he refused lawful orders to return to his vehicle no fewer than six times on an active state highway creating genuine officer safety risk and grounds for an obstruction charge. Lessons from this stop. For drivers, never discard a container when asked to hand it over. Doing so, regardless of intent, can constitute destruction of evidence and provide sensory confirmation the officer would not otherwise have. Exercise your Fifth Amendment right to silence. Denials that later prove false are more damaging than silence. A partial admission in custody is not a defense. For officers, Nystagmus protocol is only as reliable as its administration. Any pretest medical disclosure must be documented on camera, on the record, or it becomes an open door for suppression at trial. Miranda advisement must be captured before any questioning in custody. The transition from roadside to handcuffed in vehicle is the legal threshold, not arrival at headquarters. Miss that moment and the admission may not stand. Let us know if there is an interaction or legal topic you would like us to cover. Thank you for watching. Don't forget to check out Street Body Cam for more police interaction and courtroom content.