I am a law student for one and two I just don't take tests. What I'm asking here is if you had any alcoholic beverages tonight. I'm getting clues of answer your question sir that drink. If you're getting any clue of intoxication you need to go back to school. In Senica Falls, New York, a law student was detained for 39 minutes over a defective headlight far exceeding the time needed for a minor traffic violation. The Fourth Amendment protects against unreasonable searches and seizures, requiring detentions to be brief and related to the stop's purpose. Sergeant Eric Mlan pressed the driver about alcohol despite their lawful refusal of field sobriety tests, which they weren't obligated to take. The driver, leveraging their legal knowledge, firmly challenged MLAN's overreach by questioning the prolonged detention's legality, exposing his weak justification. Mlan's failure to provide Miranda rights during extended questioning violated the driver's fifth amendment protections. This confrontation highlighted MLAN's disregard for constitutional limits as the student held their ground. Sergeant McLean with the son. Please put over because 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 going on your license? Uh, oh, yeah, absolutely. Okay. How many alcoholic beverages you had tonight? No. Nothing? No, sir. 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. Just want to just one or the other. Okay. Just went to the car real fast to see just to verify the headlights off. You just stay in the car just to let you know. Yeah. No problem. No, you're good. Just a passenger side. You just stay in the car for now. Go get your license. I think it's either her name or my name. I can't remember which one it's registered on there. But it looks like it's from your wife Sonia. menu. 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. Can I take a look at drivers real quick? You don't mind? Nope. I was looking for a pair of drivers. Oh, yeah. I don't I don't take those tests. No. No. Why not? No, I don't take tests here. Okay. Well, I'm asking you. 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 tests, though. Okay. Why not? I just don't. That'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 take, you know, I am a law student for one, and two, I just don't take. All right, sit tight for me, please. Okay, 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 from inside his vehicle as I can check his eyes in his vehicle to see if he's going any sort of test. He does know test. I want to see if he get the same order when you go up there. Sure. 0316. You mind heading out this way as well? Can you get that order too? Um I observed him with glassy watery eyes coming up and trying to see if it's the same. 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 asked I asked you a question, sir, to perform. I understand, sir. I'm doing I'm conducting investigation. 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 ever met you before. Well, it's just an investigation. Make sure you're safe. That's all it is. I understand, sir, but I don't answer questions. It's no disrespect, but you know what I'm saying at all. I understand. And you know, no offense, but I feel like you're kind of coming on a little sh I'm just doing my job, sir. Just because a vehicle smells fruity. Fruity alcoholic beverage like I stated to you. Yeah. Well, you also have watering, glassy eyes, another sign of intoxication. I have sinuses. I have allergies. I also have asthma. Okay. Does that Does that cause your eyes to get watery? Yes, sir. Absolutely. Cuz I also have asthma. Absolutely. Sinus is not Okay. But you have no issue if you're not drinking with me. There's no issues taking tests. I don't take tests. They're just I just don't do it. I'm sorry. Okay. Do you have a supervisor? I'm 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, Sarah, on 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 And I appreciate that. You want me to exit? I I I want you to exit to make sure you're okay to drive. I'm giving you a law for it to exit your vehicle. Make sure you're okay to drive. All right. That's all I'm doing. You need my wallet. That's Don't you don't need your wallet or anything. Again, I'm not taking any text, sir. So, I don't know what what yours. You okay to put this in my Is this okay? Nothing on you. Nothing mine. Yes, sir. I know. I don't Well, that's going to be an officer safety job. 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. 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 put your wallet in. I don't answer your question. I'm just I'm just prophecy. So, what I'm asking here is if you had any alcohol beverages tonight. I'm getting clues of answering your questions, sir. I understand. I 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 sign of I'm being honest with you. Okay. Well, I don't I never 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. Make sure you're absolutely not doing that, sir. Would you be able to walk for me? No. Absolutely. Absolutely not. Okay. That you think? 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? Cuz I do not 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 I'm I'm telling you. You're giving me an order to take a test. I'm advising you to take a test to make sure I will not take a test. 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. There's no disrespect towards you. We 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 when I was in Rmer Lane um before I you came to my house um and asked me a bunch of questions. Okay. Also, you know, again Oh, was that about was that the Uber thing? Yes, sir. Okay. I do sir and I was more than respectful 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 not I'm just going to investigate fruity alcohol. You're saying something that smells fruity. So 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 experience. It's a sign of intoxication. Okay. Well, okay. So, what are you going to do with this tight? [Applause] All right, man. There's no disrespect between me and you. I'm just doing my job. Um, you don't want to perform tests? No, sir. Um, I understand. You don't have to if you choose not to. And again, it's no disrespect. It's just I 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. Okay. Do you mind just stepping back in your car for me, please? Absolutely. So, I can get that going. Just hop back in the front. Hop back in the driver's seat. Right. I just want to just literally replace that one back. Right. Okay. [ __ ] Well, you can do that and you can get inside. Yeah. It wasn't too long ago. Okay. So, yeah, there'll be a fix a ticket for the headlight and then you you'll have until Monday to get it fixed on till Monday. Yeah, cuz it's it's usually the next business day. What do I do with that? Do I bring it um for the shirt or not shirt? You can go really you can go to any you can go to a mechanic to sign off on it. Okay. Uh a law enforcement officer. Write me a ticket just for that. For real. We're doing traffic enforcement tonight. You cut me out here all this time. Write me a ticket. Doing traffic enforcement, sir. All right, buddy. What's your name, sir? Sergeant McLean. Do you have a card? I do have a card. It'll be on my name will be on the ticket as well. All right. Just give me a moment, please. Thank you. I I I was calling to see if we could do a possible obstruction charge for not wanting to provide submit to Santo. You can't do an obstruction charge. Backing away from me. So, I don't So, did you get I got a whiff of like a fruity alcoholic beverage. I yeah that's that's the order I was getting from the vehicle which is why I explained to him and then his eyes were glassy and water and then I couldn't like he kept backing kind of back away from me when I was trying to talk to him right okay and but he wouldn't like I couldn't get strong enough himself on the hood of the car touch his eyes were glasses water claiming allergies I my odor out of the car wasn't strong enough for me strong enough did you get a strong o he says he's deliver so it could be some sort of food He's delivering. That's what he's planning. The RO is going to be I tried calling a DA, but they didn't they didn't answer their phones. Um I was going to call for an obstruction charge cuz I'm asking for tests. Then I called Lieutenant Claire and he said that done that in the past and they don't. So that's not something they So is that you just cut your losses then? Cuz I mean he could be a he could be a 10 right now. That's I I it's hard to tell. It's like you're 50/50 here. something you're going to take him back and arrest him for. Um, so he also he also said that if you feel like he's kind of on the on the fence, you can have him call a license oper an operator to come pick him up. He won't do that though. I'll just cut him a headlight ticket. All right. Want to hang out? Yeah. Just Yeah. Just one of you guys can hang out if you want. You're in North Gen. Yeah, you can hang out then. Animal problem. We'll take care of that. Yeah, if you want. That's fine. You know this guy, I went to school with his daughter. Yeah. His younger kid, younger son. I saw the order of pulled over. Yeah. Seems like there's some pretty What I could tell him is that he's going to have to call someone who can get him because I don't he's not rolling a flight test. So, I can't determine if he's intoxicated or not. Hey, that's that's the that's what's going to that's what's going to come down to then. Mlan ordered the law student out of their vehicle for a patown despite no evidence they were armed or dangerous and ignored their explicit refusal. The Supreme Court in Terry versus Ohio 1968 requires reasonable suspicion for a patown which Mlan lacked. The driver schooled Mlan by asserting their Fourth Amendment rights, pointing out the absence of probable cause for the search. Surrounded by armed officers, they complied under duress due to threats of escalating force. Mlan's officer safety claim was a baseless pretext given the driver's calm demeanor and valid documentation. The students legal acumen exposed Mlan's misconduct consistent with his Gree PD record. All right, sir. So, you got a citation for inadequate headlight. Okay. So, I my you wanted to speak to a supervisor of mine. I notified my lieutenant on the phone. He's aware of what's going on. Perfect. Thank you. He g he So, I can't determine if you're okay to drive or not. So, you refuse this Friday test? Yes, sir. I told you you have signs from my training experience of intoxication. You have you have slowed mumbled speech. You have water and glassy eyes, sir. Okay. And I smell an odor of an alcohol beverage emanating from inside the vehicle. So I don't know if you can drive or not. So you're going to have to call someone to pick you up to drive. Okay. Understood. So that's what Okay. You want me to call someone right now? That's correct. What am I going to do with this vehicle? Leave it here. I will let them know they can stay here. Okay. Okay. All right. Yeah, let's do that. Sounds good. So, I have to issue your license. You wanted a business card is all you said? I do. Yeah. So, I'm going to I'll grab my phone. That's fine. All right. We can we can play this game. I'm not playing any games, sir. I'm sorry. You're being very disrespectful. I've never been disrespectful. You are being very This is all recorded on body camera. You have pushed this above over a I have not, sir. Okay. This is all recorded on body camera. Excellent. I appreciate that. No problem. I have it all recorded as well. That's That's fine. Um I guess that's it though. You just give me your contact number. Here's a citation. You have a court date of uh August 14th at 12 court. Yes, sir. For the correction ticket, you have to get it corrected by Monday. I will. Yes, sir. And have it signed off by a mechanic or a police officer. Okay. You got it? Yes, sir. My business card right here, sir. All right. citation. Like I said, my lieutenant's been aware main. What's his name? Lieutenant Clear. Clear. Yes, sir. He's made way to the situation. Okay. All right. Yes, sir. Any other questions for us, sir? That's it. All right. Have a rest. After initially informing the law student they could leave with a headlight citation, Sergeant Eric Mlean returned and ordered them to abandon their vehicle at Burger King without any legal justification. The Fourth Amendment prohibits property seizures without a warrant or probable cause, neither of which Mlan provided. The driver, using their legal knowledge, challenged Mlan by demanding a clear explanation for the seizure, which he could not substantiate, exposing his overreach. No charges were filed, yet Mlan forced the driver to leave their car, disrupting their life by requiring alternative transportation. 7 minutes of MLAN's body camera footage were unrecorded, a violation of policy that suggests he deliberately turned off the camera to conceal his misconduct. The law students sharp insistence on their rights caught Mlan's abuse of power on record. Their informed resistance highlighted his corruption, undermining his authority in the interaction. Like and subscribe for more police cam stories. Watch the next recommended video and click to watch