Is this your favorite camera? >> No, this is ridiculous. >> I'm going to have to tag it back. You're being placed under arrest for DUI. >> I I am being >> Stop. Stop. Stop tensing, okay? >> On the 10th of May, 2023, police body cam captured a DUI stop involving Officer Dustin Hall and a woman identified only as Andrea. Andrea was stopped after driving on the wrong side of the road. She declined all field sobriety tests and was arrested for DUI. >> I'm I'm right here. >> She said she was driving the wrong way. >> Okay. Hey, Ms. Anthony, right? >> Uh Andrea. >> Andrea, I'm sorry. Are you able to step out over here quickly? I want to talk with you. >> What? Yeah. >> Okay. >> What do you need? >> If you could step out, I want to speak with you. >> Excuse me? >> Yeah. Uh just over here. My cruiser's this one. I want to speak with you. I want to make sure you're good to drive. >> we're like this is craziness. >> What do you mean? >> This is craziness what we have going on here. I'm going to stand right here. >> Okay. So, like I said, I just want to make sure you're good to drive. Apparently, you were driving the wrong side of the road and I saw some other signs of a note of just make sure you're good. >> Yeah, I am. >> Okay. >> I Yeah. >> Um is it okay if we take a look at your eyes? >> No. >> Okay. >> What is What is happening right now? >> Um >> Like what is it? >> I want to make sure you're good to drive. I'm conducting a DUI investigation. >> I will get an Uber if that makes you feel better and I will I am like a few blocks from my house. >> Okay. Like I said, I want to make sure you're good to drive. That's why I want to take a look at your eyes. Again, it's optional. >> Yeah. >> But >> No. >> Okay. I just want to verify some demographic information which is um okay? >> Yeah. >> Like your name. Could you come over here cuz my clipboard's over here. Ma'am, you you can't go back to the car right now. >> For what? >> Because I'm conducting an investigation. >> I I don't know how all this works. >> again, I said not back to the car. >> But, why? >> Because I'm conducting an investigation. Okay? >> I don't know how this works. No. >> If you have any questions, I'm more than happy to answer. Right now, I just want to go ahead and verify some demographic information. My clipboard is over there. >> What's >> current address. >> can't I go back to my >> Because my clipboard is over there right now. >> And my car's over there. >> Okay. So, I would need like to write down this information on my clipboard over there. >> Yeah. >> Can you come with me over there? >> Oh, are am I being arrested? >> No, not at this point you're not arrested. >> So, then no. >> Okay. >> I can I can go to my car. >> At this point, I'm telling you no, you cannot. >> Why? >> Cuz again, I'm Ma'am, I'm conducting an investigation. >> Under Terry versus Ohio, 1968, wrong side driving constitutes reasonable articulable suspicion, the stop is lawful. Under Pennsylvania v. Mims, 1977, the officer may lawfully order the driver from the vehicle without further justification. The Fourth Amendment permits a brief investigatory detention, not an open-ended seizure. Rodriguez versus United States, 2015, a stop cannot be prolonged beyond its original purpose without independent reasonable suspicion. >> Listen, I honestly, I don't know how all this works. I am I've never been in any kind of trouble ever. >> Okay. >> I am a few blocks from my boyfriend's house. I'm just And if you don't want me, I will walk to my house. >> Okay. >> I don't need to drive. >> Okay. >> Fine. I will I will walk. >> That's not an option right now. Sir, sir, quiet. >> This is This is sillyness. >> Sir. Stop talking. Get back in the car. >> No, we're fine. >> Sir. >> We're all fine. >> Saying that what you are doing >> No, we're not arguing. >> Can you get them back in? >> We're all good. This is all good. >> Okay, so listen, here's the thing. The reason I want to look at your eyes is I want to get your demographic information and I want to do a few other field sobriety tests because I do not want to If you field sobriety tests are all voluntary. Including the eyes, walking turn, one leg stand, things like that, okay? The thing is that without your participation and it's I'm being forced to make a decision right now on whether or not I'm being forced to make a decision. The other thing >> I am 46 years old. >> But let me finish this. This is important to you. I want to make sure that you understand this. And so additionally, if you refuse to participate in field sobriety tests, should an arrest be made, your refusal can be used against you in court. Okay? >> Come on. Like we're >> the two things I need you to understand right now. I'm not trying to be I'm not trying to be like brass or anything like that with you, but I want to be very straightforward with you. I'm conducting a DUI investigation. >> Of what? >> Of the things that happen if you do not participate. Again, it's all voluntary. It's I can I cannot force you to make to do anything. I won't force you to do anything. >> I am I will literally be doing >> your participation, ma'am, I am being forced to make a decision based on my signs of impairment I have seen so far. >> of what? >> Potentially an arrest decision. >> Oh, come on. >> Okay? >> Stop. Like how old are you? I am 46 years old. I am like I am a mom. I am a teacher. >> Okay. >> I have been doing my best my whole life. Like I will just go in wall. >> That's not enough for me. >> you don't Why? >> Because >> What is >> I'm conducting my investigation right now. >> Oh, come on. What What is your name? >> Officer Hall. >> Officer what? >> Hall. H A L L like >> That is my name. >> Okay, last name Hall as well? >> Yeah. Maybe a distant relative. Who knows? Maybe. >> But seriously, ma'am, I'm letting you know that Dustin >> Dustin and I'm Andrea. Come on. >> Ma'am, I have to do my job. I I to verify that you are a good job. Good job. >> I listen. Stop like this is silly. I am just I will just We don't need to do any of this. Come on. >> So, will you participate or will you not participate? I need to know that. >> Participate in what? >> The field sobriety exercises. >> No. >> Like looking at the eyes and then the walk and turn. Okay, do you understand what I told you before, right? Without your participation that I'll be forced to make a decision and if you refuse your participation can be used against you in court. >> Come on. >> that, right? >> Oh my goodness. >> And are you still refusing knowing that? >> This is so silly. >> And knowing that, are you still refusing? >> Dustin. >> Ma'am, I need a yes or no on that. >> I what how old are you? >> That's irrelevant. >> Seriously, what is even happening right now? >> Okay, I need I need a yes or no on whether or not you're willing to participate. >> What are what is happening? >> I need a yes or no on whether or >> Oh my goodness. I need >> The officer confirmed the subject was not under arrest, yet continued to restrict her movement. This creates legal tension. Once a subject is told she is not under arrest, a reasonable person would believe she is free to leave. Ordering her to stay without arrest or articulable new suspicion places the detention in a constitutional gray zone. Field sobriety tests are voluntary in virtually every US jurisdiction. Refusal cannot be used as the sole basis for arrest. Birchfield versus North Dakota, 2016, distinguishes FST refusal from chemical test refusal. They carry different legal consequences. FST refusal is admissible as evidence in court under implied consent statutes, but it is not itself a crime. The officer's probable cause record is thin. No odor of alcohol. No specific impairment signs articulated on camera. Probable cause requires the totality of circumstances. Wrong side driving plus refusal may or may not meet that threshold. >> The court makes a decision based on his observations and my observations. >> able to call my lawyers and maybe >> Okay, that is not an option right now. You need to >> car. It is absolutely always an option to call my lawyer. No, stop. >> Stop, ma'am. Stop. Don't go towards the car. I told you I told you so many times already. I'm trying to be patient. I'm trying to be polite with you. That is not an option. I've told you already. I've told you so many times. >> how old are you? >> Okay, I'm going to read this to you. >> Please, I need to stop. >> If not >> This is so silly. What do I need to do? >> remain silent. Anything you say can and will be used against you in a court of >> This is ridiculous. >> and have an attorney present. >> I will call a lawyer. >> Stop moving. >> Then I will call a lawyer. >> If you cannot afford to hire a lawyer, one will be appointed to represent you. >> What is even happening? >> You can decide anytime to exercise these rights to not answer any questions or make any statements. >> How is he reading me my rights? >> of these rights I've read to you? Would you like me to explain Would you like me to explain? You don't have to speak with me, but I have to inform you of your rights. And then it's up to you on whether or not you speak with Okay. Do you want me to go ahead and read your rights again? Or are you just refusing to speak with me? >> Mhm. >> So, you don't want to speak >> No. >> Okay. And again, you're refusing to participate in those rights I've read to you. >> Yes. >> Okay. Can you face the camera? >> No, this is ridiculous. Are you >> I'll give it back. You're being placed under arrest for DUI. >> I I am being >> Stop. Stop. Stop tensing, okay? >> The subject stated, "I need to be able to call my lawyer." This is a clear, unambiguous invocation of the right to counsel. Under Edwards v. Arizona, 1981, once counsel is invoked, all questioning must cease immediately until an attorney is present. Minnick v. Mississippi, 1990, reinforces the right to counsel survives interrogation breaks. It cannot be waived by reinitiation. Miranda v. Arizona, 1966, requires rights advisement before custodial interrogation, not during an investigatory stop. Miranda was read before formal arrest was announced. If custody had already attached, earlier statements may be suppressible. The sequence matters. If the subject was functionally in custody before Miranda was read, a suppression motion has strong merit. >> Are you guys kidding me right now? >> Can I watch your hand for a second? >> What do I do? What? >> Okay. >> Okay, well then you need to call Dana Hershey. >> Ma'am, pull over here. Let go of your phone. Let go of your phone. Let go of your phone. >> I am not letting letting go of my phone. >> You cannot have it right now. >> What are you guys doing? >> You're being arrested for DUI. >> For what? >> For DUI, like I told you. >> You guys need to stop right now. >> It's not going to happen. >> Stop. Stop. Stop. >> Guys, relax. >> You guys need to stop right now. >> Stop. Stop. Stop. >> She's asking her a [ __ ] not right now. Not right now. >> But we will help you later, okay? Just give us a minute. >> is crazy. I need you to call Dana Hershey Folgera. I turned Dana Listen, I need you to stop right now. >> Not right now. I need to finish what I'm doing. You are. What are the keys? >> You guys need to stop right now. >> This one. >> Oh my gosh, what are what are you even doing right now? >> You're being placed under arrest, okay? I'm trying to make sure they don't hide anything up on you. >> I am not doing that. This is ridiculous. >> Okay, we're going. >> This is ridiculous. Stop. Stop taking things. >> I don't think it's going to happen anymore. Stop moving, man. >> Stop. >> Stop moving. >> Okay, what are you doing? >> You're being placed under arrest. I told you already. >> This is craziness. Okay. >> Stop. Stop facing the car, ma'am. Face the car. >> No. >> Face the car. >> Stop. Get in the car. No. Right now. Okay. Yeah. Stop. We're getting in the car. Bulgera. Dana. Percy. Stop. Right now. Stop. Ma'am, get in the car. I need you to stop. I need you to stop. Both of you need to Sit down. No, I need you to stop. Take a seat in the car. Ma'am, are you getting in the car or are we putting you in the car? Get in the car. Dana, Percy, Bulgera. I'll talk to him more. All right, I can Yeah, I can Hey bud, if you have any questions, I'm more than happy to answer. Now that now that she's secure, we can focus on you. Do you have questions? Now we have questions. Now we Now we're going to [ __ ] talk. I want actually want to talk to her. Can I talk to her? That's up to him. But here's the deal. Here's what Here's what you have to understand, okay? I get this is a stressful process. It's not stressful. I'm just trying to ask you a question. Dana, whoever. I don't know the number. But when we're dealing with somebody taking them into custody and they're struggling, we can't have someone behind us. behind us moving around. We don't know what's going on. Again, not saying you're a bad person. Let's do one thing at a time. Safety is paramount for you and for us. Yeah, I get it. I get it. She She She's a violent character with guns and blood You know, she's got what? We don't know if she has a gun, okay? So, you can argue with us or you can just be patient and we'll answer your question. It does not matter. That doesn't matter. I'm talking now. [ __ ] off. You're being taken into custody. Put the car down. Face the >> It's possible. >> All right. >> I'm going to stand by with her making sure she doesn't do anything. >> What happened? >> Just whatever was in the purse. >> The arrest was announced for DUI. Under Graham versus Connor 1989, the force used must be objectively reasonable. Physical resistance to a lawful arrest constitutes a separate offense in virtually all US jurisdictions, regardless of the arrest's validity. The male companion had a First Amendment right to observe and verbally engage police in a public setting under Glick versus Cunniff 2011. However, proximity to officers during active physical restraint creates articulable safety concern. The distance order was lawful. Grades: Officer Hall receives a B minus. The stop was justified. FST advisement was accurate. However, he told the subject she was not under arrest while simultaneously restricting her movement, a procedural contradiction. Probable cause was not clearly articulated on camera. Miranda sequencing creates a viable defense suppression argument. The subject, Andrea, receives an A minus. She clearly invoked silence, counsel, and declined voluntary FSTs. Her repeated offers to take an Uber or walk reflect genuine cooperation with public safety while correctly exercising her rights. Her only legal error, physical resistance during handcuffing, which created separate criminal exposure and no legal benefit. The department receives a C plus. No chemical test was offered on camera, a critical gap in a DUI case. Implied consent statutes require chemical testing to establish blood alcohol level. Without it, the DUI prosecution faces evidentiary challenges. Lessons learned: Know your rights before contact, not during the encounter. "Am I free to go?" and "I invoke my right right to counsel." are the two most powerful phrases in a police encounter. Say them early. Say them clearly. Then stop talking. Anything said after those words weakens your legal position. For officers, articulate probable cause on camera in real time. Silence on impairment indicators becomes a defense exhibit in court. Never physically resist arrest, even an unlawful one. The courtroom, not the roadside, is where wrongful arrests are challenged. Bystanders, observe, document, stay back. Your First Amendment rights are strongest when you remain calm and distant. For departments, FST refusal alone is insufficient for DUI arrest. Always offer chemical testing and document every observable impairment sign. Let us know if there is an interaction or legal topic you would like us to analyze in the comments below. Thank you for watching. Don't forget to check out our second channel, Street Body Cam, for more police interaction and courtroom content.