Don't worry about it. I'm going to Okay. Since when have you started grabbing people and invading their privacy? trying to do that. That's how we do it out here. Well, he was at 13% so how's his license good? Yeah. He's got it on him. So we're just going to have to go in there. All right, you want me to go in? Hey well honestly got you man that's not 13% 10. Y'all meet the wrong one. It is brother. Okay. All right, listen your car doesn't really smell like weed anyway. It's a black and mild. Oh but it don't smell like weed anymore after you took you out and I put you over here man. I told you that from the get go. It's a cigar right in my door. Call yourself man. Go hit the cigar yourself man. Still think it was still tucked away and I just couldn't feel it if you really want to know the truth but I wasn't trying to get I wasn't trying to go any further than I did. I think you went pretty far in making you aware of that. Trying to get a good cop off the street and you guys are entertaining it. At the end of the day that's what it is. Well I have to entertain every complaint and and to be honest with you I even told him to go and file a complaint. If you listen to the video he consents to whatever I'm going to do. Just get it over with so I can leave. If you listen to it just go ahead. But that doesn't make it okay. Okay. Even Sergeant Moon said this was going to be nothing. Why would he say that? I don't know. You ask him. Okay. It's a fight for you to conduct that search if it was more than marijuana. How is that a I don't understand how using the blade of my hand so I'll take the blade out. You stuck your hand in his private area and I searched. I told you that's where they hide it. That's a violation of your so I admit to a violation. I know what happened there because I was there and and you guys can look at the video all day long and say this and say that. I know what truly happened. Was that justified? I feel like it was and and it may not meet the mold of the policy here but I feel like it was and I've made arrests and I've found drugs I found a lot of drugs doing that same method. Do you know this gentleman could file a federal lawsuit against you? It's not a problem. Let me check these windows guys. Yes yes yes. Although I just felt weed last that felt weed last time too. Did I smell weed again? Oh no I do now. Much more than I thought it would be. Go down the back I'll I'll do the back too. What do you think the back is? You got a test Give me Give me your test meter. Test it. You got a test meter you can use? Yeah they're all different shades guys. They're all different shades of tint. That's the debate. All right, tell me. Do you got anything illegal on you man? All right man. Somebody asked me to step out okay. I want to make sure there's no weed in here but listen dude I appreciate your honesty. That goes a lot farther. All right, if you got anything in here tell me now before you step out. I got things to do right? What do you think? It's about the black and mild smell of weed in here man. Black and mild right there let's go. Keep your hands on the car. Keep your hands on the car. I got to check that area man. Ain't in there. So what you cuffing me for? I'm cuffing you cuz you're not listening to my orders. I'm trying to see if you got something in your pocket. Cuz you touched my dick. That's why. You grabbed my penis. What the am I supposed to do? You ain't got to do nothing. That ain't how you search nobody. You invaded Ain't nothing in there. Ain't nothing in there. Man I lost his goddamn mind man. Nothing in the car right? Ain't nothing in that man. All right, walk back to my car. You want me to talk to you right? Why don't you put me in the car first? I'm not putting you in the car man. I'm trying to protect your privacy okay? So you can turn this way. You got any gloves on you? No I don't. And listen when you get done I need an apology too man. Real talk. Don't worry about it. Don't worry about it. I'm going to apologize to you. I got to do my job okay? Okay. What is it uh Katardi? Okay. Katardi. I got you. I got you man. That was crazy. I really wanted an apology from you man you know what I'm saying? That was crazy bro. Stay out with him and check his pockets. What What you got here? Who is this? That was my neck. I just walked in here man. Go ahead and do what you got to do with your Come on put your glove on do what you got to do right quick man. For real man. You know what? Take a seat. No I'm going to stand right here. You told me to stand here I'm going to stand right here. I ain't got time for this man. This is crazy man. Man grabbing on my dick and for no reason. What kind of search is that? Since when did When did When did they start that? Huh? Can you Can you tell me that when did they start that? Bro I grew up on these streets bro. That's the first place you going to hide your Where are you going to hide your dope bro? You going to hide it right in your ball sack. Since when have y'all started grabbing people's dicks? Since when It's about grabbing nobody's dick bro. It's about hiding your It don't matter but since when have you started grabbing people's dicks invading their privacy? Ain't nobody trying to do that. All right, that's what you did. If you want to go and complain go complain. That's what you did. That's how we do it out here. Hey did he have time to stuff it in his pants? Yeah he did. I'm sure he did. It's just I don't know how far you want to push it. Would you feel it or no? No I couldn't really I can't really get in there though man without going too deep. They put it right under their nuts or up their ass. You know but I'm not 100% confident that it's there so I'm not trying to I like to find something in here before we went that route. I mean he's he's smart he knows. He's on He's on inmate release status for um I I told him all of this before too when I pulled him over. I don't know this one over here is a black and mild sitting right on my door handle man. As a tourist he's a sergeant on my car. I don't even smell like weed. How the hell my car smell like weed? I don't care you bro. Well he was at 13% so he's saying I can go write him a ticket. Huh? So I guess I can go write him a ticket. How's his license good? Yeah. Everything else is good. Does he got a fuse box on that side? No. He's got something open here but I don't smell anything so I don't smell it anymore. Rock. You know what that means. Is there a trunk button? Yeah I don't smell it anymore either Dan. Yeah I hit it already. He's got it on him. So we're just going to have to go in there. So we're just going to have to go in there cuz I don't smell it anymore in the car either. Let me back here. It don't smell back here. All right, you want me to go in? I'll go back I'll just start right? Hey well honestly got you man that's not 13% 10. Y'all meet the wrong one. It is brother. All right, listen your car doesn't really smell like weed anyway. I know it don't. It's a black and mild. Oh but it don't smell like weed anymore after you after we took you out and I put you over here man. I don't even smell like weed man. I told you right in my door. But you can't grab all of my dick and talking about it smell like weed man. Come on now. It's weed flavored. What do you mean? Go Go hit the cigar yourself man. Go hit the cigar yourself man. Ain't nothing in there man. All right bro. As long as there ain't then you just leave him with a ticket. For what? For the ticket man. Man listen I'm telling you my 10 is not 13. How about we go to the 10 place where I got it done? They'll even tell you it's not 13. Ain't nothing in there probably some change or something man. I don't know man. Now my car don't smell So what you still searching me for if my car don't smell like weed? Because you're smelling like weed. Oh now I smell like weed. How the hell? You were in your car. I took you out of your car. Your car doesn't smell like weed anymore. But I smell like weed. That don't make no sense. Back up a little bit. So they allowed to do all this? But my car don't smell like weed but he's still searching me? What is he doing? Ain't nothing in there. Why is he trying to Man, listen, man. See what I'm That's crazy, man. Yeah, exactly. Exactly. Why y'all in my man? What the is wrong with you? There ain't nothing there. Dude, shut your mouth, okay? I got to search you to make sure there ain't nothing in here. So, stop it. Exactly. Come on, now. How you like that? Anything in your ass? There ain't nothing in there, man. What the wrong with this man, man? I hope your hands smell like ass, too, when you get done. For real. Go ahead. Stick your finger in there. That's right. Hope your hands smell like straight ass. That's why I got the gloves, dude. give a Crazy as man. You got So, dude, did you Did you just smoke it? Look at me. Man, ain't nobody smoke nothing, man. I told you I smoked the Black & Mild, man. Exactly what you smelled in the door. It's not a Black & Mild, dude. I ain't got to argue with you, man. My car don't smell First, my car smelled like weed, but now it don't. Yeah, cuz you're out of it. All right, do me a favor. Sit down. Sit down and kick your shoes Kick your Kick your shoes off, kid. No, no, no, man. Take it off. Kick them off. Yeah, take them off. Kick your shoes off. They're tight. What's the matter? You got your shoes on, dude, okay? Take them off, man. You done They're not tight. You dug all in my ass, why you can't take your shoes off? That don't make no sense. Go ahead. Take it off. There you go. There you go. I'll take the other one off. You happy? Yep. Exactly. Here. Dude, I'm not It's not like I'm trying to catch you with it. don't make no sense, man. that you illegally searched me. make no sense, man. You said my car smell like weed, now you say it don't. But then you dig all in my ass and grab my dick and How that sound? That don't make no sense. I'm doing my job. I got to make sure there's nothing in your car, man, you okay? ain't doing your job, man. Yeah, yeah. You ain't doing your job, man. You You just illegally searched me. That's what you did. There's no illegal search here. illegally searched me. Well, then go file a complaint then, okay? Okay, it's crazy. Y'all ain't got no They ain't going to file it. Oh, they might They might entertain it. They ain't got no time for that, man. Come on. Listen, dude. It's not It's no disrespect, nothing personal. It is, man. It is. It's not. Listen how you play with that I didn't even pull you. Listen how it don't matter. matter. It don't matter. So, why you let the who pulled me search me then? Exactly. Come on, man. But my car ain't smell like weed. Oh. I ain't got to All right, don't forget your shoes, all right? Here, stand up. You got your I got a license, man. You do? That's right. Exactly. Sorry for the inconvenience, man. You straight? It's all good, bro. Trust me. Like I said, man, it's nothing personal. good, man. It's not you, man. It's all good. these other guys out here, dude, that's all. It's all good. All right, pick them up. Pick them up. Put your belt on. Nah, you took it loose, dude. all that, man. So, you're going to walk around with your pants falling off? I want everybody to see what you did. You took my belt. You go stay You can stay right by uh this car here. Hey, man, he searched all in my ass, grabbed my dick, everything. I ain't with that but he ain't found First, he said my car smell like weed, now I know it smell like Hey, right here. You're not even listening. Yes, I'm right here waiting here. All right, you're too close. Come stand right here by me. That's right. We did what we had to do. All right. Now, I'm going to go to the tint place and I'm going to get a a stick a thing showing how much I paid and what percent that is, so I can show you your meter wrong. That's what y'all doing. Y'all going around here pulling people, putting some ass Dude, look how dark your windows are, man. how dark it is. It ain't what your meter said. It ain't what your meter said. And you're a You're You know You're a professional. You know how dark the windows can be. Put Put the meter on your tint. How dark is your tint? I don't We don't want you seen in the car. But how dark is it? Okay, I don't know. Exactly. I got to get my tint I got to get my tint meter. Put your meter on there. Let's see what it read. I just want to see. It might read 13%. Okay, it might. I think it's darker than that. That's what y'all got tint machine y'all got. That ain't no goddamn 13. So, you don't think they You think they finna put I wouldn't have put 13 on there. What the I look like? I got a license. Why would I put 13 on there? So, what did you tell What did you tell them to put on there? Uh listen, man. What did you tell them to put on there? All right, okay. Cuz you can't answer the question. You guys good? Yeah. Hey, big dog. I don't even know what you talking about. The whole thing was pointless, man. My car smell like weed. Hey, dude, it don't smell like weed. Whoever you had in there Either you just got done smoking It smelled like weed. It's a Black & Mild on the wet smell. He sat here and said it didn't smell like weed. He walked right up to me. Oh, your car doesn't smell like weed now. After you done ran through my What's the fix it? 36610, right? I don't know. Huh? I don't know. Y'all be acting the same way y'all make me feel invaded in my car. That ain't cool at all, man. I ain't never in my life been searched like that, man. Never. This man stuck his finger in my ass. Never in my life have I been searched like that. Since when do they do that? You tell me. Never in my life, man. You go to prison, they don't even do that man. You go to jail, they don't even search you like that. What the give that man the right to do that in the streets? That ain't cool at all, for real. And what's his name again? Ricardi? Can you write his name? I need to Google him. I need to look him up, man. Google? Yeah, I need to look him up. The front windows, you're at 15%. The front windows are illegal. They got to be at 25%. you're saying. Listen, listen. Listen, I'm explaining to you the ticket. The front windows have to be 25%. It's at 15%. Your back windows are legal, your front windows are illegal. This is a fix it ticket. Take care of it within 30 days. Go get it fixed. Otherwise, it's like a it's like a $160 ticket for each window. I appreciate that. Go Go just go get it fixed. Get this signed. Take care of it within 30 days, all right? for, man. That wasn't called for, man. You said right here. You even heard him out of your mouth. He said after he got He came up to me and said, "Your car don't smell like weed." And what this man stuck his finger in my ass? That ain't You sign right here for me. What's his name? Gantardi. Gantardi Gantardi what? What's his first name? I need his first name so I need to Google him. For real. It's Commander Deval, Cocoa Police Department. Today's date is May May 20th. I got a new watch on. 2019. Time is 3:24 p.m. This is regards to IA19-10-IA. Uh present in the room is Officer Rock Gantardi, along with his representated representation Al Batcha from PBA. Uh Rock, would you raise your right hand? Do you swear the statement you just provided or you will provide is truth, the whole truth, and nothing but the truth? Yes, sir, I do. Okay. Uh prior to going on tape, um I had you read and sign your Garrity warning. Is that correct? Yes, sir. Do you have any questions regarding that? No, sir. You also had an opportunity to go through all the evidence that I have here. Yes. You have any questions with that? No. Okay. All right, Rock. This is in When you get to a specific issue, please reference the documentation that you provided us, so that he can be clear about his answers. Okay. On March 12th, 2019, a Marvin Passley responded to the police department and spoke to Officer or a Sergeant Moon in regards to a traffic stop involving you, Officer Rhodes, and Officer Bias. Are you familiar with that stop? I am. All right, his allegation was is that he he was stopped for the tint, and that he was told that the car smelled like marijuana, and he was handcuffed, pulled from the vehicle, and you searched him with gloves on, but stuck your finger in his rectum, and also searched down his pants looking for any type of narcotics, um which evidently you did not find any. Is that You You aware of his complaint? I am aware of the complaint. Okay, can you tell me in your words your involvement with the traffic stop? I responded to back up Officer Rhodes on a traffic stop. During the course of the investigation, Officer Rhodes notified me that the car smelled like marijuana, and that was upon my initial arrival. Um upon my contact with the driver, Mr. Marvin, um I did detect a strong odor, the strong distinct odor of marijuana emitting from inside the vehicle. I inquired to to Mr. Marvin if there was anything illegal inside the vehicle, such as drugs, and and he informed me there was not. Um I asked him to step out of the vehicle, um at which time I conducted a a pat down of his pockets, exterior portion. Mr. Marvin began to disobey my commands of keeping his hands on the vehicle. I became fidgety. Um for officer safety purposes, I don't you know, I I didn't know what Mr. Marvin's um you know, what his what his actions might have been. So, for officer safety purposes, I detained him with handcuffs in order to properly conduct a uh a pat down of his of his clothing. At which point I then as I Nothing was found inside the as outside his pockets or anything. I brought him back to to my vehicle which time officer bias stayed present with him and at which time officer Rhodes and I began a search of the vehicle for the marijuana that we were smelling. Okay. So when you when you search him when you first take him out of the car he he basically says you're search you touching his dick you're looking in his dick and that's why he's flinching. Did you conduct a search under his like manipulate his scrotum area outside the pants? no manipulation. I just used my hands went inside his pockets did not touch any private area at the time cuz I was still you know unaware where the drugs possible drugs could have been whether they were on him concealed or they were inside the vehicle. He was very close to the vehicle and I so I was smelling the smelling the the marijuana so I wasn't sure if it was coming from him or the vehicle which is why I separated him from the vehicle. Okay. Now your body camera footage when it comes on you're well into the search. How come per policy didn't have your body camera on prior to arriving? Sometimes I forget to turn it on right away. Okay. So you searched the vehicle and during the search you're discussing with officer Rhodes about whether he could have put it down his pants. You believe it was down his pants and you don't want to have to go in and get it. What were you referring to? It's been my experience through the contact that I've had in the past encounters with with you know several subjects um a lot of the time the the drugs and the illegal narcotics are not going to be in plain view. You know when you go up to a car you smell weed nine times out of 10 they're not going to say yeah here officer here's the drugs. You know it takes investigation and you have to go through you know it's a process. So officer Rhodes and I were just you know conversating about where the drugs could possibly be. Um you know it because of how he acted when I went to do that pat down and that preliminary search indicated to me that there may be something hidden in there because when I did go around his pockets he began to flinch which is why I had detained him. And past on past experiences when people become fidgety like that and agitated and aggressive a lot of time they are hiding something and that was my interpretation of it that he was hiding something. Um and I was just confirming with officer Rhodes that he also did smell the marijuana and it was a possibility that it was on him and it may not have been in the car. It was a strong possibility that that was my interpretation that through my experiences as a cop here in the Cocoa Police Department past 5 years people that use drugs people that know the streets and have contact with police and have arrest records like this guy they know where to hide it where we're not going to go. Well there's a reason why they hide it there. Cuz we're not going to cuz most of the time we're not going to go there. Well most time you can't go there. And most of the time we don't go there. Right. So that's why they hide it there. So So based on what you have here what makes you go to the next level at this point? The next level based on my experiences in the past enhanced it from the search of the car to the search of his pockets to checking underneath the undergarments. Okay. And then doing the hand sweep of the blade using the blade of your hand to do the buttocks. Based on my experiences if they're going to hide it there that's how you would check. That's how you would check with the with the blade of your hand underneath the underneath the the the pants and the undergarments because they'll it'll be tucked it'll be tucked in an area that you can't you can't you're not going to feel through just a search. You're not going to feel it there. It's going to be tucked it's going to be tucked there. It it it and you're going to have you kind of got to go a little bit in there and you got to extend a little bit just you know just to to make sure it's not there. I did not grope fondle or anything like that. Well you went in there a little bit further than a little bit. I mean you can physically see you moving his moving his his penis to the side to get to the other side. In order in order to feel in order to to to possibly locate something that I believed based on my experiences was there. And it wasn't and that's when I used the blade of my hand to do his his rear end because that's often time where they hide it also. Those two spots are very common and if you look at my arrest record you're going to see you know when people clench when they clench their buttocks they're clenching for a reason you just don't do that you know when you they clench it they may be hiding something. There I've had arrests where things have been hidden there. I've had arrests where things have been hidden you know in that private area in front. Um and that's just based on my my my experiences as as a street level cop in the city of Cocoa in the in my beat which is zone one which is heavily heavily um influenced with narcotics possessions and dealings. Did you stick your finger in his rectum when you were searching? No sir. Okay. Yes sir. Have you ever had contact with Mr. Marvin prior to that incident? Yes I have. What was that incident? Traffic stop. Did you issue him a ticket? No. Okay. So it was just a traffic stop? It was a traffic stop on Panita Street I would say maybe a month or two prior to this. If when you watch my video I we reference it cuz he says I remember you and it took me a minute and and then I remembered him. I pulled him over I I believe it was a tag light. Um approached the car smelled the weed. No No officer I asked him do you have anything inside anything inside the vehicle? Same MO no. He didn't give me as much of a problem as he did this time. Even though I still got him out of the car I you know I patted him down I searched the exterior part of his pockets and I wasn't I wasn't you know based on that because of the the friendliness you know I gave him a verbal warning. So did you go to that extent that time as you No. No I didn't. What was the difference? The difference was this was my second encounter the marijuana smell was much stronger on his person this time as opposed to the my first encounter with him where I felt like the smell was coming from inside the vehicle a little bit more that time. And I did search the vehicle not not an extensive search like I we did this one. It was more I would say the stop was probably a quarter if not the half maybe half or maybe a quarter of the time that this one was. It wasn't it wasn't a long investigation at all. So you feel that the search you conducted on Mr. Passaway was just in your mind looking for narcotics. Based on the totality of the circumstances I'm going to say I I I might have went a little too far. Okay. A little too far or Yeah I I believe I I searching him I don't you know when I look when I look at it it's marijuana really I I mean to dig like that for marijuana No there's no there's there's doesn't have to be a reason for that. Well and it's it's a good reason to bring up the other one. I'm going to move to that traffic stop now where you stopped the young man with the marijuana. Um we watched the video of that. And in that video you ask him about the marijuana and he actually comes up with and hands it to you. Um you're willing to throw or what you what did you do with that marijuana? It was discarded. How how? I threw it out. Just in the garbage? In in a in a dumpster. Okay. So why didn't you why didn't you just drop that into evidence? I should have. Destroy. Okay. I never got around to it. I should have. So you it's not a big deal on that traffic stop with the kid the marijuana. Why did it go to such an extreme with Mr. Passaway with marijuana? Cuz with with the kid on that stop he was up front and honest and if you look at I don't want to arrest everybody that I come across with with drugs and and I'll tell them if you watch a lot of my videos when I deal with these people if you're up front and you're honest with me nine times out of 10 I'm going to let you go with a verbal warning. It's when you and I'll say this is when you make me work. It's when I I've had contact with you before and I've arrested you for for things or you know I have an indication of of you may be hiding something or you're in possession of something and you're being dishonest that's when I look to pursue it a little farther as opposed to honesty and and and being straight with me making my job a little easier so I can get those drugs off the street. No and I get it most of everybody says that but I mean you're met with people lie to you all the time that's what they do they lie to the police. one of the hardest things for me to to to to deal with is is people lying to me. Right. Cuz I take it I take it a little too personally and that's something I have to do better a better job with and and I'll I I've I've said that before and I still say it and that that's just something I got to work on. Okay. So back to the traffic stop with officer Rhodes. Um How many times have you commit or conducted a traffic stop in that same manner thought the drugs were there or smelled the drugs were there and conducted the same type of search? Do you mean the search referred to initially or the latter search? The latter search. I mean basically the the the strip search if you will. Cuz officer bias said he's been with you four times when you when you've done that. And he actually didn't even know it was a violation of policy until this incident is what he what he testified to. Mhm. So did you do it those four times or more than four times? All circumstances are different. Every It's not going to happen the same every time. You know, one of them that what Bias was on with me is, you know, the guy I brought the guy out of the car, um went to searching him, I did the blade of my hand in his buttocks, he clenched up. He clenched hard. And then he started yelling and shouting. And then what I felt what I felt when I did the hand of my blade was something hard, a hard object in there. And he had a big big bag of weed or weed, big bag of crack. I think it was maybe 15 20 g of crack cocaine. Passenger had the same exact thing. And I found that later. He had a warrant. And I found that later at the PD. He did the same exact thing. And he had time. So, the circumstances are always different. Do they have time to do it? You know, what's his arrest record like? You know, how was he acting? These are all things that as a street level cop I've learned to realize and understand. And that's how their behavior and their actions is how I do my job. off of that. But policy has restrictions on when you can do that and when you can't. Not not just what the atmosphere is at the time. Okay. On that note, were you aware of the agency's policy as it's written? Probably not as clear-cut as I should have been. Did you read it? Cuz you signed for it. You signed for the policy back in 2017 for that specific policy with searches. I agree. I I It's there. Signed off on it. Okay, yeah. So, yeah, July 10th, 2017. And are you aware what the policy says in regards to strip searches? Is basically what you can do. I am now. Um it was my impression at the time it wasn't a strip search. When I think of strip search, I think of bringing him back to the PD, taking his clothes off. When something is too far from my grasp, you know, if something if they hide something it's not going to be too far from my grasp right away. And at the same time you got to think about well, if he if they put it in their anal cavity like that and it gets lodged up in there it could be a health issue. You know. Well, that's why we have procedures and policy for things like that. I mean, it goes on to cavity searches if we're concerned about something like that. But I mean, the policy is there to protect you and the citizens of of illegal searches. And it perfectly in this situation, I get that other people there was drugs found on him. But there was no drugs found on him. But there wasn't a problem then. Why is it a problem now? Because I didn't find anything and because he made a complaint on me. Well, it's it's because a violation of law and policy. Then why wasn't this addressed when that was going on? I don't know why it was addressed. I mean, this is the first that we've gotten a complaint about him. Okay. And you know, put put yourself in that. If that was your son or your daughter and they're they just dropped off a friend who smoked marijuana in the car and an officer pulls up and they smell the marijuana and they do they thinking what you're thinking and they pull him out and they search him the way you searched him in a parking lot with people walking around. How do you think you'd feel about the officer doing that to your child? Well, this isn't my child. This wasn't you know, this is this wasn't anyone's this wasn't an upstanding citizen. This was a guy that smokes weed, that's gets arrested for crack cocaine possession, that goes to jail, that comes and wants to get a good cop off the street and filed a complaint. That's what this guy is. That's what this kind of person is. Yeah, but we can't we can't take somebody's past and use it against them for for anything future. I mean, what if this guy has you know, he's found he found Jesus and he's come clean and he's trying to get his life straight. So why does he smell like weed now? Maybe somebody was in the car. Why didn't he say that? Did he say that during the conversation? He doesn't have to say it. Well, then why wouldn't he dispel my fear that officer I just dropped my friend off. He was just smoking weed. Maybe that maybe it would have But he doesn't have to tell you that. Do you know what the Fifth Amendment is? Do you know what that is? It's a right to not incriminate yourself. So, during a traffic stop, I don't have to say a word to you. Okay. Well, he was saying how it was the black and mild smelling. He didn't have to What I'm saying is he didn't have to say a word. He didn't even have to talk to you. Here's my license and that's the extent of it. And then you you have to investigate at the car. And I did investigate it. Right, but you're investigating it. You just testified that you investigated based on his past. You felt like it was worth It wasn't just his past. It was everything going on. It wasn't just his past. I told you. It's the totality of the circumstance. It's not just people's past. It's their actions and behaviors while I'm on scene with them while during my contact with them is how I go about my job. And I felt strongly that it was hidden inside his pants somewhere and concealed either under his his his private area or concealed in his in his in his in his buttocks. Based on my experiences as a cop here, that's where they hide the drugs and that's why I did what I did. And you feel it's justified to do that type of search to get to get the drugs. For for marijuana, no. For the smell of marijuana, no. Did did I did I do too much? This was I trying to do too much because of of maybe I didn't want this guy getting away with this? Yeah. So what if you found crack in his in his in his ass? Is it justified? If I found crack? Yeah. Do you feel like it's justified for you to conduct that search if it was more than marijuana? How is that a I don't understand how using the blade of my hand on his butt I don't understand how that's a search. Well, take the blade out. You stuck your hand in his in his private area and searched. I told you that's where they hide it. That's a violation of your Okay. So I admit to a violation. Well, I'm what I'm trying to get is your is your is your peace of mind when it comes to searching people, whether you think it's right or wrong and there if there's a line you cross. I think you see the means justify the ends if you are able to get the narcotics or the gun or whatever it is at the time. But there's laws that protect people in this country that prevents you from allowing you to do that without probable cause. I I I feel like I had probable cause. Just because you smelled marijuana. Reasonable suspicion on his on his behavior, on his actions, his attitude. But you can't go off of that. You That's what I went off of. You smelled marijuana. Yes. And based on that marijuana smell, you felt like it was justified to strip search him in a parking lot. I do not feel like I strip searched him. Well, per our policy you did. And actually our policy mimics state statute. So, that same wording in our policy is taken straight from state statute. I don't I don't see how checking underneath his private area and then using the blade of my hand on his buttocks, I don't understand how that's a strip search. I I don't. Because it's not that you felt a gun and you were trying to do it for officer safety. You're smelling marijuana that I was looking for marijuana. And it wasn't there. Right. It wasn't there. Right. So, everything you did to this guy was not just. Go ahead, Al. At the times that you conducted this search or anything similar to it, did you understand your agency's policy which mirrors Florida state statute? No, sir. When do you feel that it's justified to search a person for whatever reason? When you're arresting him? So, that's that's perfect on this one. He wasn't even arrested. That's where our policy policy stops starts. What are you What are you What are you talking Do you mean strip search? What are you talking about now? I'm talking about any search. You're saying you're able to or you feel you're justified in searching anyone if you think you have enough to do it, whether it be smell it, their attitude, or their past history. I don't feel like that was a full-blown search. Well, what's missing I got news for you. I think it was still tucked away. I still think it was still tucked away. And I just couldn't feel it. If you really want to know the truth. But I wasn't trying to get I wasn't trying to go any further than I did. I think you went pretty far. I think if there was anything in there, especially the amount you were smelling. No, I didn't. The video, yeah, you can look at the video all day long. I know what happened. I know what happened there cuz I was there. And then you guys can look at the video all day long and say this and say that. I know what truly happened. Was that justified? I feel like it was. And And it may not meet the mold of the policy here. But I feel like it was and I've made arrests and I've found drugs. I found a lot of drugs doing that same method. Do you know this gentleman could file a federal lawsuit against you for for unlawful search and seizure? Are you aware of that? I mean, you could sue anybody for anything these days. So. Well, he has If he feels like he really needs to. Well, I don't know. According to you, he hasn't done anything. And a lot of people are all talk, right? I get it. I'm just making you aware of that. He's just trying to get a good cop off the street. And you guys are entertaining it. At the end of the day, that's what it is. Well, I have to entertain every complaint. And And to be honest with you. That's why I even told him to go and file a complaint. Right. That's why Bias told him, if you have a complaint, go file it. If you listen to the video, he consents to whatever I'm going to do. Just get it over with so I can leave. If you listen to it. Just go ahead. But that doesn't make it okay. Okay. You know what I'm saying? All right. I'm not going to argue with this. I'm not going to argue with you. Well, I'm just I'm just trying to get your your state of mind at the time. My state of mind was he was hiding something and and this was probably the second time. And based on his history, based on his actions that day, based on the totality of the circumstances, everything going on, the heavy smell of weed that was inside the car, we took him out, then it was coming from him. I felt like it was concealed on his person based on my experiences in the past with the arrests that I've made and the contact that I've had with people. Okay. How come you didn't complete a report on on that call that you didn't that you searched them and backed up Officer Rhodes or anything? I don't think Officer Rhodes even wanted a report. No, he didn't. He He gave him a ticket. Okay. You don't write You don't write reports on just tickets, right? Well, it was a little bit more than just a ticket. I mean, that's why we're here, are we not? It was just a ticket, then it became a complaint, and then you guys put me on suspension. So, I don't know when I was supposed to do a report. Well, and then even off even Sergeant Moon said this was going to be nothing. Why would he say that? know. You ask him. Okay. All right. He said he was going to take He He didn't know how he was going to explain it, but I said, "Is this going to be Do you think this is going to be an IA?" He said, "I don't think so." Well, he testified that he spoke to you in the past about going past or going up to the line going past it. and yeah. And he actually talked about this after the Okay. So, about just not just this, about everything going on. You know, cuz he I feel like he he was maybe concerned about what might be going on in my personal life and and things like that, how it may be affecting my job, and yeah, things things weigh on me. This really had nothing to do with you know, it this was Rock, the police officer, trying to get drugs off the streets and trying to clean up the streets. That's what That's what this was. Yeah, I get that. And then And that's That's what we should do, but there's rules and regulations and policies and laws that we have to follow to get there. And and unfortunately, the bad guy doesn't have to follow those policies. So, that's why they put him in the places where they know you can't or shouldn't go. So, I mean, that's the struggles we have every day. Let's move. So, after you were suspended, um they took your vehicle, your patrol vehicle, and and Lieutenant Dellatorre did an uh a um a a search of your vehicle to inventory, and in the car you saw your the photos, there was um Those are two of my each one. So, I'll just Well, the the first one is uh the bullets or rounds in the door. The second one is just shown What's What do you want to respond to on that? Those rounds are for my firearm. Okay. So, they're just extra ammo? Yes. Okay. And the second one is just a cup in the console, and I think he's taking it for um Did you take an overall picture of this. an overall a That's an air freshener cup. What's your name? Um One of the girls gave it to me in dispatch. It's for air fresheners to to make your car smell better. Okay. So, he's just taking an overall shot of your car. right. That's what that is. And that's the entire interior of your patrol car. so. Okay. And under that cup, he found some money and a plastic bag that appears to be marijuana or I mean um cocaine or meth or something. Yeah. Yeah, it was. What was it? It was probably cocaine. Do you remember where you came got it from? got it from Provo's Park. We We Me and Houchin checked out with a group at Provo's Park, about four or five of them, and one of them had a gun on them, and we were looking around, and and right standing right there on the floor on the ground standing right next to another guy was three bags of of that crack. So, you just picked it up? Yeah, I had to do it. I I I tried you know, I I um I talked to the guy, interviewed the guy. He wasn't He wasn't claiming ownership, I would even though I knew it was his. Um So, I just let him go, and and I was going to drop that in evidence. I just I just never got around to it. But I should have. What happened to the other two bags? There's There was There was one there. That's it. All right. Then the Then the other two were discarded. And then this picture is between you the seat and the uh back shield, I guess, between the driver's seat and the between that and the back seat is crack cocaine in a plastic baggy. Okay. Where Where did this come from? Honestly, I I don't even I mean, that that I don't even know that was there, to be honest. Where It was behind my seat? It's behind the passenger seat. Let me So, So, I'm in the driver's seat, he's in the passenger's seat. It was So, it's here? Yeah, behind It's behind you, between the shield. could have fell or could have been there. How long could it have been there? Could have been there for a while. Yeah, I don't I don't know how long it Right, I don't know. Okay. So, the question I would ask you is, did you ever search that area and see anything? No. The large plastic bag contained several white rock substance under the passenger seat. So, that's where that was, passenger seat. Under the passenger seat. Okay. And in the trunk was a plastic bag with a $10 bill and a credit card. Uh I think that was a counterfeit bill, and that was a um maybe a credit card that I just found on the ground. It should have been dropped in evidence. So, do you And also, speaking of the evidence in your in your mailbox was located uh driver's license. Yeah, that stuff all had to go back to the DHSMV. I just hadn't placed it in evidence yet. And the And the tag? Correct. All All three. But they were from 2018 cases. Yeah, it was sitting in my It's I had a bunch of stuff in my mailbox that I I had to clean out. Do you drop any evidence that I drop a plenty of Yes, I always drop evidence, most of the time. So, do you drop evidence that isn't a criminal case? You just It kind of seems like when it's not a criminal case or you have charges pending, that you don't really worry about dropping it as found property. If If I If I drop it in evidence, I drop it. If I don't, then I'll discard it. But Those Those Those occasions are the only times that I haven't dropped any properties is those times, which is why they were found. Right. But don't you feel like evidence is a huge part of what we do and to protect the chain of custody and and I mean, you got to testify for this stuff in in court. So, if I was a defense attorney and I I got a hold of this, I'd say, "Officer Cantardi, do you have a habit of not worrying about evidence and leaving it in your car?" It's not a habit. It's just, you know, I got a lot of I do a lot of things. I do a lot of things. I respond to a lot of calls for service. I write a lot of reports. I don't always get around to dropping found property. So, it's just the found property? It's a It's all found property. Okay. And you don't know where the crack was, where you got it the bag under the passenger No, sir. No, sir. I mean, that could have been something I got found property and it fell there and I forgot about it. These were These were death cases that you worked that um I guess you responded to. Yes, yes. Those were my investigations. Okay. The here. This incident was um was an arrest with Jamal Travis with the gun. Travis Jones, yeah. Travis Jones, um the state non-prosecuted cuz they basically said they wouldn't survive survive a motion to ex- suppress cuz there was no body cam video. Is there a reason why you didn't have your body cam? was dead. I don't understand how they could just how So, because there's no video? They don't state why What was What was the reasons? But they said no video. That was the reason, no video. Well, the court will find issues with the detention, and then it says there is no body cam video. But so, I don't I don't know if it's just based on the body cam or some something else. I just you know, they they didn't explain. But your explanation is the battery was dead, and you remember The bat Yeah, the bat I believe the battery was dead. Okay. And this was the traffic stop with the marijuana we already covered. Right. You I know you said you threw out the marijuana, but you even put on your call that you found, you know, found property. So, was your intentions to to drop the the marijuana? my intentions were to drop it, yes. Okay, but I just never got around I I It was early in the shift, I should have, but I got to the station, and there were you know, I got caught up in my reports, and then you start talking with people, and then it's the end of the shift, and and I went home, and I don't even know what I did. I just tossed it. Okay. Um Officer Moon uh said when you had your Taser download, every month or yearly or quarterly, they do Taser downloads to get the report. She stated that when she did your Taser download, you didn't have any cartridges in in your Taser. You were out of cartridges, basically. You had an empty Taser, and you were you were a little shocked that there was no cartridges in there. No, I think there was one missing. Okay. But I couldn't find any any usages for Taser. Yeah. You remember what happened with that? I think maybe it was just one dropped out. Okay. Okay. I was I was I was weirded out that there was only one in there. Right. Yeah, it had to have been recent because I I mean, I check the thing once every week. Well, and that's why I said I looked at I looked at your response to resistance, and I didn't see any any dealing with a Taser. the spark test once a week, so it had to have been fairly recent that I might have lost one. Okay. And you you were hired back in what, 2012 initially? I was hired initially in 2012. Okay, so when I looked at your body cam videos, they're all there every day labeled CR numbers everything. You came back in April of 2017. Mhm. 90% of your body cam videos are not labeled. They're they're not scheduled for evidence. You can see a significant difference from the time you left and then the time you came back. Didn't know if there was anything significant about that. Um I think when I came back um I started doing a lot more. I started doing a lot more. I had to I started writing more reports. I started arresting more people. And it was you know, to keep up with everything is difficult. It's a challenge for me cuz I start only don't only have this job. I got you know, I got things going on at home, too. Um so I don't always get around to to doing things that I should. And sometimes it takes me a little longer to to go through the videos to sit there and watch all my videos cuz talk to Sergeant Moon. Talk to Sergeant Rush and Corporal Tulear. I respond almost every call we have either as a primary or a backup. I try to go and assist my guys. No, I get it. Right. So I have a lot of but then something's got to then something's got to give. Yeah, I got to do a better job of keeping up with that. I don't have it on my phone. I have an old phone that I don't I can't even get this this this evidence.com on. So every time I got to sit there and go through all and watch them all find and then go back and find the CR number. So if you don't keep up with it every night every night you got to do it. If you don't do it, then one night becomes two. And then you look at how many you have for two. Oh, I got 55 videos I got to I got to watch. And then you get through a quarter of them and then you can't really do anymore. Because if I asked you to find a video right now on a specific call, you're not doing it without looking without looking at every video. You know, so to get you know, to That's why I asked you about the videos I you know, through me to look at the videos. And I did look I did look at the videos and it was nothing from Provost Park? No, I I didn't I didn't see that one. But he he asked me to look a day before the day of and the day after. Yeah, honestly I don't think because um let's see that was you talking about the stop. When was the stop? When was that With the marijuana? Yeah, when was that? That was uh Because I feel like I got those those three bags of cocaine. Oh, no. You're talking about the kid. You're talking about the the marijuana Yeah, yeah. The the one with the white kid. Well, this is whatever. But I think I you know, I got those those bags of cocaine that week on Provost Park. And you know, I didn't even Well, I didn't drop the property. So to write the report This is February 3rd. February. And it was a missing report that I didn't that I didn't do. Right. Actually, when when you were on suspension, Sergeant Moon came the email before you guys cut off my email. I got the email. And I called Penny and I said, "Listen, I'm out right now, but I know that report's going to be missing. You know, and it's something I got to do. It's a found property report." Right. And and it wouldn't have been a problem until I couldn't find them the found property. Right. I mean Okay. I mean I get your answers on why you're not doing the paperwork and dropping the evidence. But there's no justification. I got to do the paperwork. I got to drop the evidence. That's the bottom line. Okay. bottom line. All right. You have anything you want to add? Do you understand at this point in time after reviewing all of this today the proper procedures that you must adhere to as it applies to searches of persons job, yes. To keep my job, yes. I understand that now. To keep my job. I like this job. I feel like I helped the community. Everybody out here knows who I am. I know. I know. I mean, you're proactive also. Sure, I get it. And it's just not being about proactive. It's about you know, people when you it And this is what gets me in trouble. It's the fact that you know, I care. It's the fact that I care and I'm not a robot. And I'm never going to be a robot where you just go out, "Oh, sorry, ma'am. I can't help you." Or here's "Oh, you need the number of the DV shelter? I don't know. Look it up on Google." You know, I go a little farther. It's not just the arrests that I make. You know, a lot of people you know, know who I am because of of the work that I do. Is I go farther than most of these cops. You know, I care a little bit more. And that And Commander, that gets me in trouble, too. It's because I care. Well I could see that. But if as long as you you can do that. You can be that guy and be that helpful and also stay within the boundary and and and and be proactive and get get the drugs and get the guns off the street. with you and I have to I have to do a better job of of evaluating the situation and ask myself is it worth it? Right. You might not get them today. Is it worth it going and getting a little marijuana that that guy might be hiding from me? But it wasn't about the marijuana. It's the fact that he was he was probably he was lying to me. And I knew he wasn't. This was the second time he was. And I didn't want him to get in trouble. They lie to us. That's their job. Our job And it's hard for me working in this city for as long as I have. You know, I'm not just I'm not a Viera cop. You know, I I've been working Zone 1 and Zone 2. I don't want to work anywhere else. You know, I don't want to go and hide in Zone 3. No, I get it. I go to Walmart and make the theft arrest and sit there all day like some of the guys do. You know, I'm in the thick of things. I'm driving around Peachtree Street, Prospect Ave, Fern Ave, Fist Boulevard. That's I mean I that's my loop. And I do that probably 100 times a shift. You know, and and and the people that I deal with they're not going to be the upstanding citizens that most of these cops deal with. You know, I'm not going to go and hide. I'm not going to be lazy. I'm going to go and do my job and thing and do what I feel like I need to do as as a good cop here and make a difference. You know, and and it's it's probably going to jam me up if I don't do everything by the book. And that's something that I got I need to to do a better job at. hardest jobs is the paperwork. policy. You know, knowing that I got you know, okay. If someone runs a stop sign, well, I got 50 videos I got to label. So what am I going to do? You know what I've been doing in the past? I've been stopping that guy. And you know what? I've been getting a gun or I've been getting drugs. And guess what? Those 50 videos the next morning turn into 100 videos that I haven't labeled. But I got that arrest. I'm I'm feeding the beast. But what you're doing is not you're getting to the the to the arrest part and they're not they're not doing that. So I mean, yeah, you got a gun off the street is what you said. However the guy's on the street now. Maybe he wouldn't have been on the street if you had the video, if you had a good search or whatever. You know what I'm saying? So it's all for nothing because you're getting that gun off, but they're turning around What I'm saying what I'm saying exactly what you're saying. But this is one this is if you talk to Phil Archer, he'll tell you everything you need to know about me. You know, I I think he he thinks I do a good job. You know, have you talked to Phil Archer? No, but I think if you watch that video Archer? Who who am I thinking of? Phil Williams. Phil Williams. Yeah, yeah. Right. No, he he speaks highly of me. We we talk. But I think if he see that video, he'd have issues with it. what the hell are you doing? You're doing too much. Rock, you're doing too much." And I agree I'm doing too much. I don't need to do all that. Maybe I should just need to respond to my calls for service. Maybe I don't have to be proactive and more Or instead of those two late calls that you take, take time to do the paperwork and the label the the videos. Those are the the not the exciting things of the job. However, it's the house the housekeeping that we need to do. It's how you keep your job. You have to do the little things. And I've just been doing in my mind the things that are more important than the little things. But the little things are just as important in keeping your job here. And that was If not more. The evidence to me is I mean, that's what your that's what your whole job is about is protect the evidence and to and to testify about it. was laziness. You know, it was it was you know, it it it wasn't it wasn't it's not what good cops do. And I feel like I'm a good cop. And I I need to do a better job of doing doing taking care of the little technic technicality policy things. You know, so this so this doesn't happen. Like you said, if I would if if if I wasn't you know, if I got around to dropping that weed, that wouldn't ever came up. All right. You know, so it's the little things that that are more important. He he came to me and said he didn't have a call and I he said it was a traffic stop. I said probably not a big deal. I'm not going to worry about it until I actually had to watch it and make sure it wasn't a big deal. And then it became a big deal. Yeah. And then it was it was the rabbit hole. I turn around and there's stuff in your mailbox shouldn't be there. I mean, you got a guy brother came from out of state cuz he died. You think he'd rather have that driver's license? Oh, absolutely. So I mean, that's what it is. It's sitting in your box still. We did an inventory in your car and it's all these drugs in there. I mean, those are the things that ruin cops on the on the stand. Mhm. It's because of the the the lack of integrity when it comes to protecting the evidence and and dropping it into evidence I'm not organized. But you ask my wife, I'm not a very organized person. And and that's another thing I that that I got to work on is I'm not really organized. Just look at my trunk for crying out loud. I just you know, I just place things you know, just it's all within reach. So I don't have to dig for it. So I know exactly where it is. And you know, my ASP, my spray, my tint meter, my ticket writer or the ticket book. I know where all that but that your book I know where it is. It may be messy, but I know where it's at. You know, and I knew and I knew those those things were in there. I just had to take care of it and I didn't. I had to take care of it and I didn't. That's the bottom line. So Okay. Al, you got anything to add? No, I think we covered all ground. All right. Raise your right hand for me. Swear the statement you just provided is the truth, the whole truth and nothing but the truth? Yes, sir. I do. Okay, that's going to conclude the interview. The time now is 4:06 p.m. Then he says to you "Do you want me to go get it?" But you don't say anything. Do you answer him? No. You don't say anything to him? I don't even know if I I don't even know if I actually heard that. Okay. You know. You mean you didn't hear it at that time? Correct. But you heard it on the I heard I heard it on the video, yes. Okay. So, when he goes back and he goes to search um search in further, are you aware what he what kind of search he's doing? No. You have to have a specific reason um as to why you do what you do. Uh you just can't willy-nilly do it. Well, this was on a a non-moving traffic infraction. I don't. For tint.