in this video you're going to see body cam footage showing a police officer planting evidence meet Calvin Riley he's being stopped by the Tallahassee Police Department on sou Road hello sir I'm officer Oliver Police Department she plant evidence of an empty liquor bottle in Riley's car before arresting him for an alleged DUI and then you're also going to hear her testimony at some depositions during the criminal case questioning and I sat through the whole thing and pulled out the important parts so that you don't have to an open liquor bottle found inside the car Within Reach of the driver would be big evidence for a DUI right correct and you told officer move that the ball was open I don't remember my exact um phrasing he had a bunch of alcohol stash in there but nothing open or anything yeah open oh okay yeah right but I know that from seeing her report she said it was opened and she would only know that from you correct and has that always been your testimony no but now you know that you did unseal it yes watching my body [Music] camera crazy thing is that the prosecutors didn't even care about this and they're still Prosecuting the guy in fact I believe it is going to trial today this is crazy I'm officer Kirsten Oliver o l i v e r officer Oliver what's your current position I'm a police officer at the Tallahasse Police Department how long have you been with the Tallahassee Police Department since 2020 uh when I was on that traffic stop I was back up for officer Muth and I observed a vehicle at a high rate of speed with no headlights on passed by me so I asked for his registration proof of insurance and um driver's license and while he was searching for um any of those documents it was fumbling he looked in his center console did not pull anything out just stared into it he pulled his visor down and was papers were dropping and he was trying to grab the papers out of the visor he just seemed confused I believed at the time it possibly smelled like alcohol Riley's license is suspended and officers decide to arrest Riley on a first offense for his suspended license should be willing to do some voluntary field sobriety exercises not really okay here go ahead and step out of the vehicle so once he gave me his information in the piece of paper with his name on it I went back to my patrol vehicle and looked into law enforcement resources and I was able to confirm his identity with his um the information that he gave me I learned that his license was suspended just go ahead and face the corner of the car for us your license is after detaining Riley they asked him if he smoked any marijuana maybe they learned this at some sort of training conference but it seems like there's just so many videos of cops pulling over some black guy and saying I smell marijuana many of those videos like this one they end up searching the car and guess what they don't find any marijuana cops also like to smell alcohol here while they did find alcohol the only alcohol they were able to prove existed was sealed unopened therefore how did she smell it well she didn't you'll see Mr R I got a quick question for you problem um so I smell marijuana on your vehicle did you recently smell I believed at the time it possibly smelled like alcohol you told officer M that you didn't smell anything correct I don't believe I did I believe I told her that I couldn't tell if it was a smell of alcohol that is your testimony here today yes to my knowledge I am now confronting the witness with her body worn camera so I feel like I'm getting some indications but I'm not 100% sure I can't really smell anything right now do you think you can just talk to him so when you had that conversation with a MTH you said that you couldn't smell anything right now correct I couldn't really smell anything you previously or the defense previously mentioned that you made a comment relating to you couldn't really smell anything could you elaborate a little bit further as to what you meant when you said that when I walked up to the vehicle it wasn't 100% apparent that the smell of alcohol H was apparent to me I wanted another officer's opinion once he's arrested for driving with a suspended license they can search his car I entered the vehicle through the open door and I searched multiple cavities in the front seat and the back seat did you find anything in the vehicle of particular importance to your investigation yes I found a insulated cup that obtained liquid and I in the center console in the cup holder and I also um obtained a liquor bottle from the seat cover pouch where the knees would go inside the vehicle in the driver's seat it was a bottle of yellowish liquid um labeled vodka officer Oliver leaves the car does a 360 and then goes back in the car retrieving a sealed liquor bottle and pours it out that was the sound of the seal on the liquor bottle breaking here's another angle while officer M questions Riley about marijuana again somebody else is smoke in your car early Oliver tosses The Empty Bottle Into the passenger seat they don't find any marijuana in the car now after Mr Riley was arrested you searched the car is that correct correct uh during that search you found a bottle of alcohol correct and that was found in a pouch on the front of the driver's seat correct um I think you said earlier it would be if the driver was sitting behind their like Calves behind their knees is that right yeah behind the knees area uh and the bottle you found in that pouch was the 20 grand vodka correct correct and it was a smaller bottle correct but bigger than like the ones you eat on planes yes MH uh in the bottle was a Twist stop correct when you found the bottle you took it out of the pouch correct and then you put the bottle on the seat yes and you continue then to search the car correct mhm as far as that search you open containers you found in the car correct correct mhm during that search you didn't find any marijuana no you didn't find any joints no you didn't find any paraphernalia no you didn't find any evidence of marijuana besides the smell correct before finishing the search you went back to that 20 G bottle that you left on the driver's seat correct and you picked up that bottle yes you opened that bottle correct that bottle was sealed before you opened it yeah yes and so you twisted the top of the bottle yes and you broke the seal correct and you after you opened it you dumped out the contents correct you dumped it onto the road correct then you put the top back on the bottle yes then you put the bottle back into the car yes you threw it on the passenger side yes so you usually unseal alcohol bottles and dump them out typically I don't unseal them but as I was twisting I I realized it was unopened and that was my fault and has that always been your testimony no no but previously you said that you didn't unseal it correct I didn't believe I did but now you know that you did unseal it yes watching my body of camera rather than protect and defend the constitutional rights of Americans the state the prosecutor here who you'll hear asking the questions basically comes up with a cover story for officer Oliver claiming that she believed that it was policy to dispose of any liquids before the car was pursuant to some policy which she knows the number of the policy but can never produce it I don't believe it exists after you find this bottle of liquor in the defendant's front near the front seat of his vehicle um what do you do with it I pour it out why did you pour it out because number one our policy to impound you cannot have liquids and at the time my mindset was that I was going to be impounding it and then um also if the vehicle was going to be moved by a relative I was not going to um have alcohol inside the vehicle at the time but the worst thing here is the planting of evidence so although his license was apparently suspended and he they were able to arrest him on that they're they charged him with Dy they clearly want to convict him of DUI a more serious charge this is one of those DUI prosecutions where you you don't have the field soety test you don't have breathalyzer or BAC results the officer is testifying as to other evidence such as an empty bottle of booze that was found in the car and what is the inference from that that he drank it and then drove but it was sealed the officer unsealed it dumped it out put it back in the car and then told the other officers that she found it opened that is outrageous that is planting evidence here's officer Oliver implying to officer M that The Empty Bottle was likely what was in a cup in Riley center console cover where like the knee would sit there's an opening and he had it like uh tucked okay and then the the whatever he had in his cup also then officer M tells a senior officer that they found open alcohol in the car in both a bottle and a cup did on first car yeah okay nothing in there no well okay so he had a bunch of alcol stash in there but nothing open or anything yeah open oh okay yeah all right yeah in his like turis in the center console he had a mix to drink and then under his knee he had um a like little bottle of vodka tucked away you told officer MTH about the bottle correct and you told her that because she was the primary officer yes because she'd be writing the report correct and you told her about the bottle because it was evidence correct an open liquor bottle found inside the car Within Reach of the driver would be big evidence for a DUI right correct and you told officer that the bota was open I don't remember my exact um phrasing but I know that from seeing her report she said it was opened and she would only know that from you correct so the empty bottle that was evidence of DUI at this point correct correct when officers group to discuss the case they all ask each other if their body cameras are off still alive any evidence of that marijuana yeah are you still on uh but after you turned off your camera you were still speaking with officer M and officer or Sergeant Smith about the case correct I don't remember the conversation it was over a year ago so you don't remember discussing indicators impairment that you saw in Mr Riley I don't remember discussing that now but I could have I don't know but your bodyy War camera off was was off at that point objection asked and answer I haven't asked that yet sure body warn camera would have been off at that point if things were discussed after I turned my body camera off then yes my body camera would have been off I've warned you about Florida many many times that is a state where the prosecutors wouldn't care if the cops planted evidence so long as they believe that the guy did drink and drive they will protect the cops and that is apparently what they're doing here we have it on video yet they're still Prosecuting the guy and still trying to use that evidence I mean the from from what I can understand the public defender whom you hear questioning the witness here moved to suppress the bottle of liquor so that the state can't use it to try to convict them and the judge obviously a former prosecutor as they almost always are denied that and so he's still allowing that evidence to be used against them crazy crazy apparently the trial started today I don't know how long it's supposed to go I'll put the media report from our from our Tallahassee in the link below I wish him luck and I hope there's some accountability here for really one of the rare instances that we have of police officers capturing themsel on video planting evidence so thanks for watching please subscribe here and atth civil rights lawyer.com if you have a video you want me to review please use the submission link below remember freedom is scary deal with [Music] it