Can we clean with the sonic post, please? Put you over cuz you have a headlight out in your vehicle. >> Oh, yeah. I don't I don't take those tests. No. No. >> Why not? >> I just No, I don't take tests, sir. >> I don't answer questions. >> I'm just I'm just objecting. >> You're being very disrespectful. >> I've never been disrespectful, sir. >> You are being This is all recorded on body camera. So, let's see what happens when a good United States citizen just says, "I don't take tests and I don't answer questions uh without a lawyer." >> Court is now in session. >> A3 senica traffic. >> Oh, you stay in your car, sir. >> Parking lot of Burger King. Henry King Paul 1122. >> How you doing, sir? >> How are you? >> Sergeant McLean with the Sonic Falls Police. Put you over cuz you have a headlight out in your vehicle. >> You know, I was actually wondering that cuz it was a little like, >> you know, it wasn't lit up 100%. >> Gotcha. Yeah. >> Yeah. >> Okay. Do you have a license on? >> I do. Yes, sir. >> Where you coming from tonight? I'm actually just coming from my house to here to get some dinner. >> Okay. Everything valid on your license? >> Uh oh, yeah, absolutely. >> Okay. How many alcoholic beverages you had tonight? >> No. >> Nothing? >> No, sir. >> Okay. >> Yeah. I was going to get that. >> Oh, I thought you were handing that to me. >> Oh, no. >> Okay. All right. You have the registration for the vehicle? >> Uh, you know what? I I mean, it's it's legit. I just don't have it in here. >> Okay. Is the car registered to you? >> Um, I think it's my girlfriend, Jennifer. >> Just want to just >> It's one or the other. Okay, just went to turn the car on real fast to see just to verify the headlight is still off. >> Just stay in the car just to let you know. >> Yeah, no problem. >> No, you're good. >> Yeah, just the passenger side one. >> Uh, you just stay in the car for now. Take a look at your license. >> Okay, so this guy makes a few mistakes in the beginning. He answers questions, the the general probitative questions. Where are you coming from? Where you going? Things like that. He should have just said, "I don't answer questions from the start." But he's he's trying to be cordial. He's trying to be cooperative with this police officer. Let's see where that gets him. [Applause] >> Yeah. I think it's either her name or my name. I can't remember which one it's registered under there, but >> it looks like it's uh maybe your wife Synonyi. Is that your girlfriend? >> Woman. Yeah. >> Gotcha. Okay. >> Yes, sir. >> All right. You're all good. You said no alcohol tonight. >> No. Hell no. I I don't drink. >> Yeah. Okay. I smell something fruity. What's that? Is that >> um I don't know. Probably my Pepsi or something. >> Okay. Yeah. >> You got to take a look at your eyes real quick. Absolutely. >> Nope. >> I was just looking for a pair of drivers to see. >> Oh, yeah. I don't I don't take those tests. No. No. >> Why not? >> I just No, I don't take tests, sir. >> Okay. Well, I'm asking you. I'm I'm want to make make sure you're okay to drive your vehicle. >> Yeah. No, I understand. I don't I don't take test though. >> Okay. Why not? >> I just don't It's It's no disrespect to you. >> No, I am performing an investigation right now. >> Okay. >> To make sure you're okay to drive your vehicle. >> Yeah. I won't I don't take tests, sir. >> Why not? >> I just don't. I mean, I I take, you know, I am a law student for one, and two, I just don't take tests. >> All right. Sit tight for me, please. >> Okay. >> Okay. All right. So, the cop says, "Why not?" He says, "Why not like five times?" officer. There's this little thing called the United States Constitution. It gives me the right to say I don't take tests or I don't answer questions. Now, this officer's probing now. He thinks for some reason he's he's going to bring up the watery glassy eyes in a few minutes. Do you know anybody that doesn't have watery eyes? Every human being that I know in the world has watery eyes. Some have more watery than others during seasonal allergies, for example. My eyes might be a little more watery than at other times during the year, but let's see how this gets worse. >> Thanks for coming by. So, I pull over for a headlight. >> Um, I'm smelling some sort of alcoholic beverage. Smells like it's a fruity drink. Okay. >> From the inside of his vehicle so I could check his eyes in his vehicle to see if he's going for any sort of test. He goes, "No, I ordered to do tests." Um, he's not doing any test. >> I want to see if you get the same odor when you go up there. Okay. Um, see what you think. I'm going to go get my flash. >> Sure. Okay. So, what he's done here is he's called a backup officer. He says he smells a fruity kind of drink. Alcohol is odorless. You can't smell alcohol. But if somebody's drinking beer, what you smell is the is the hops. You you smell the additive to the beer. Or if if they've drank a mixed drink, you might you might smell um kind of the the fruity effect of the drink. So that's what he says that he smells. But this guy's told him multiple times, I don't drink and I haven't had anything to drink. He's done good in that regard. But let's see what happens when these cops realize he's just not going to take these tests 316. You >> mind heading up this way as well? Can you get that order, too? Um, I observed him with glassy, watery eyes. >> Um, so he's coming to get food and bought here to see if you get the same I'm getting. >> How you doing today, sir? >> Where you coming from now? >> Um, I don't answer questions. >> You don't answer any questions? Why? Why is that? >> Because he's trying to give me tests and he's accusing me of drinking. >> I just as I asked you a question, sir, to perform so test. >> I understand, sir. I'm doing I'm conducting investigation right now. >> I don't I don't drink for number one. >> Okay. >> And you're asking me if I've been drinking, sir. I don't drink. >> Okay. I don't know that. I never met you before. >> Well, I'm just an investigation. Make sure you're safe. That's all it is. >> I understand, sir. I don't answer question. It's no disrespect, but you know what I'm saying at all. >> I understand. Yeah. >> My family >> and you know, no offense, but I feel like you're kind. I'm just doing my job, sir. Because a vehicle smells fruity. >> A fruity alcoholic beverage like I stated to you. So >> yeah. Well, >> you also have watering glassy eyes. >> Another sign of intoxication. >> I have sinuses. I have allergies. I also have asthma as well. >> Okay. >> Does that Does that cause your eyes to get watery glasses? Yes, sir. Absolutely. >> Cuz I also have asthma. >> Absolutely. Sinuses. Yes. >> Okay. >> But you have no issue. Well, if you're not drinking, man, there's no taking a test. >> I don't take tests, sir. They're just I just don't do it. I'm sorry. Okay. >> Do you have a supervisor? >> I am a supervisor on scene. >> Do you have a supervisor? >> I am a supervisor working right now. >> Okay. Do you have one available? >> No, I don't. I'm I'm the supervisor right now, sir. The shift. >> Okay. >> I'm asking you to exit to make sure you're okay to drive right now. >> I'll exit, sir. I'm not I'm not, you know, I'm not going to just Okay. >> And I appreciate that. >> You want me to exit? >> I I want you to exit to make sure you're okay to drive. I'm giving you a lawful order to exit your vehicle. Make sure you're okay to drive. All right. >> That's all I'm doing. So he says, "I'm giving you a lawful order to exit." That is a lawful order. He's allowed, according to Pennsylvania versus Mims, to order a person out of a car or order that they stay in the car. He can do either one that he wants. The courts allow that because it's what the courts call a dimminimous intrusion on your rights. So it is a lawful order to ask him to step out of the car, but the officer tries to push it a little bit and say that the lawful order is him requesting him to do these tests. That's not a lawful order. Everybody in the nation has the right to refuse those tests. Now, I can only speak to Tennessee law, and I'm only speaking about Tennessee law, but in every state that I know of, these field sobriety tests, follow the pen with your eyes, uh, stand on one foot, walk and turn, all of those tests, finger to nose, whatever test they give you, say your alphabet from D to R, whatever test they give you, those are voluntary and you don't have to take them. But this officer when he was in his car, I know we fast forwarded through that or we skipped that part because it was boring. He he actually tried to call one of the district attorneys and find out if he could charge him with obstruction. >> I tried calling a DA, but they didn't. They didn't answer their phones. Uh I was going to call for an obstruction >> with obstruction. >> I was going to call for an obstruction >> for invoking his constitutional right not to take tests. Let's see what happens. That's Don't you don't need your water or anything. >> Again, I'm not taking any tests. All right. So, I don't know what what your You okay to put this in my Is this okay? >> Nothing on you. Nothing. You mind if I put down? >> Mine. Yes, sir. I don't I don't >> Well, it's going to be an officer safety check. I'm >> I don't comply. >> It's just going to be put back down for our safety. That's all it is. >> If you have to do it, >> I'm not going to hold anything. Okay. >> Go ahead. If you have to do it, this is embarrassing. >> It's not embarrassing. I run a local business. >> I'm not There's nothing against you. If you get out of the car, I just want to make sure that's your wallet. Got your Did you put your wallet in? >> I don't answer questions, sir. >> I'm just I'm just double check. >> So, what I'm asking here is if you had any alcoholic beverages tonight, I'm getting clues of intoxication. >> Your question, sir. >> I understand. >> Not drink. If you're getting any clue of intoxication, you need to go back to school. >> I've been a cop for 8 years. I know what signs of intoxication are. >> I'm being honest with you. >> Okay. Well, I don't. >> Now, that's the most adversarial thing that he said to this officer. I'm surprised the officer didn't just arrest him at that point because you you need to understand when you invoke your right to not answer questions and not take tests, it pisses them off. I'm not saying that that's going to get you out of being arrested, you might be arrested. What I'm saying is you're protecting yourself from giving evidence against yourself in situations like this, but he said, "If you're if you're getting indicators of impairment from me, you need to go back to school." And the officer is like, "I have eight years. I've had eight years of experience here, sir, and I'm the supervisor on duty. He's a sergeant, but he's got a lieutenant on duty. I guarantee you that this gentleman asked for his supervisor, and he denied him basically that that privilege. It's not a right to have the supervisor called to the scene, but it is probably their departmental policy if somebody asked for a supervisor to provide them with uh access to a supervisor." Let's see what happens here at the end. Uh, I'm really anxious to see if this guy gets arrested. >> I don't know that. I never met you before. People have told me a lot of things in the past. >> All right. >> So, what I want to do is check your eyes to make sure you're okay to drive. >> Absolutely not doing that, sir. >> Would you be able to walk for me? >> No. Absolutely. Absolutely not. >> Okay. Why is that? >> You think I No. If you had nothing to drink tonight, this would show that you had nothing to drink, >> sir. I'm not doing that. >> Why is that? Because I do not I' I've been through law school and everything else. I do not comply. >> You do not comply with a lawful order. >> Sir, I've answered your question. >> All right. What I'm giving you is a lawful I'm giving you an order, >> sir. I'm I'm telling you. You're giving me an order to take a test. >> I'm advising you to take soiety test. Okay. >> I will not take a test. And no disrespect. I have >> We're not trying to disrespect you. We do. >> You are because you keep asking me multiple multiple times. Sir, >> sir, we have a job to do. Okay. That's all it is. It's no disrespect towards you. >> I've answered your questions. I will not take any tests. >> I will not and it's no disrespect. I have a lot of friends at law enforcement. You know what I'm saying? I would not disrespect in that way. I do not take tests. I do not. And in fact, I've dealt with you before >> um previously. Recall recall when I was at Ripmer Lane um before I you came to my house um and asked me a bunch of questions. Okay. >> Also, you know, again, about the Was that the Uber thing? >> Yes, sir. >> Okay. I do retire and I was more than a respectful and I and I appreciate >> I'm a little nervous because here I am at Burger King >> getting dinner for my family, you know, and I get nervous when I speak to cops because I just get it. But you pulled me over for a headlight. That's correct. >> Okay. Now you're Now you're pushing it. You're >> I'm not pushing you. I'm just doing an investigation. >> You're claiming fruity alcohol. You're saying something that smells fruity. Sir Fruity alcohol things. I deliver groceries for Walmart. So maybe >> like I also said you have you have water and glossy eyes. That's a sign of intoxication. >> Many people have that. >> Okay. Well, I don't know. I never >> Just because somebody has glossy eyes doesn't mean anything. >> Yes. It's a it's a sign from our training and experience. It's a sign of intoxication. >> Okay. Well, okay. So, what are you going to do with us, sir? >> Tight. >> Good question. What are you going to do? And he was cordial the whole time. I wrote a book. It's about how you do this on the scene of a traffic stop and and particularly in DUIs. There's a section in here about DUIs. It's on Amazon. You can get it in my link in the bio. It's called I don't answer questions. It's the only thing you should ever say to a police officer who asks you a question. This guy does a really good job at the end of digging in and saying I'm not doing that. I have seen clients that cave under that pressure and they'll eventually go along to get along and they'll take the field so bright test. heard the one cop say, "This can only, you know, this this can only help you. It's not going to if you're not drinking anything, you're going to pass these tests." That's that's not true. Don't fall for that because the cops want you to take these tests. Don't fall for that. >> All right, man. There's no disrespect between me and you. I'm just I'm just doing my job. Um, >> you don't want to perform tasks? >> No, sir. Um, I which I understand. You don't have to uh if you choose not to. >> And again, it's no disrespect. It's just I know my, you know, I know my right. >> Right. Understood. Understood. So, I'm going to write you a ticket for the headlight. Okay. >> Do you mind just stepping back in your car? >> So, he ends up writing them a ticket for the headlight, but he goes on in this interaction to really second guessess himself about this DUI stop. And he basically, I'm going to, spoiler alert, I'm going to tell you the end of this video. This guy doesn't get arrested, but the cop orders him to call a ride to come pick him up. To call a ride. To come pick him up. I can't determine if it's okay for you to drive, he says at the end. So, I'm going to ask you to call a ride. Well, I'd be really curious. And if this were me in this situation, I don't know that I would advise other people to do this, but I've been doing this a long time. I probably would have pushed the officer on that. I probably would have said, "I'm not going to do that. I'm going to I'm going to drive myself home and you're going to watch me pull out of this parking lot because I'm not impaired. I don't drink alcohol." So, this guy doesn't do that. Uh he he basically goes along to get along at the end and he says, "Okay, I'll call and get a ride. Uh but I am going to report you to your supervisor. He's going to he's going to file a complaint against these officers." And I think that he should. This supervisor, this sergeant, he's a sergeant for crying out loud. He should absolutely know better. When somebody says, "I don't answer questions." Every police officer should know that by now. Every police officer should have heard that by now. And when somebody says, "I don't take tests." This guy was so shocked. These cops act like they've never been told that. Good grief. Listen, thanks for watching. Pick up a copy of my book, I Don't Answer Questions. It's on Amazon in the link below. We'll see you next time.