You can't even go through someone's purse. I heard you need a warrant for today. >> Well, you heard wrong. >> Well, guess what? I'm lost. >> So, who's been smoking in the car? You have anything on you that's going to probably blow up? I'm just going to check you for weapons. Okay. You don't wear a seat belt. I'm going to make you identify yourself. >> The encounter begins with a traffic stop where officer Flack from the West Police Department pulls over a young driver for pulling out in front of another vehicle and changing lanes without signaling. Ohio Revised Code section 4511.39 requires drivers to signal when turning or changing lanes, stating, "No person shall turn a vehicle or move right or left upon a highway unless and until such person has exercised due care to ascertain that the movement can be made with reasonable safety." The officer's initial approach seems routine, but the situation escalates when she questions the occupants about smoking in the car. The driver, a young woman who claims to be a law student, challenges the officer's authority to search her vehicle, particularly her purse, asserting that a warrant is needed. Her quick invocation of legal protections, catches the officer off guard as she dismisses her claims without clear legal grounding, revealing a potential overreach in her approach. >> Hi there, Officer Flacker Police Department. The reason for this stop today is a couple things. Um, so number one is you pulled out right in front of that vehicle, almost causing an accident. Hold on a second. And number two is you change lanes without signaling. Okay. Do you have your license and proof of insurance? >> Uh I don't have my license. Can I give you my social security number? >> Do you have a license? >> Um are you the registered owner? >> Yeah. Okay. Do you have um your proof of insurance? >> Uh it's on my mom's. I can I'm with your insurance though. Okay. Can you roll this back window down for me? Thank you. Um, so I'm going to be completely honest with you. Go ahead and roll that back window down, too. So, who's been smoking in the car? >> Um, I just got in here. >> Okay. Okay. So, why were we smoking in the car? >> Oh, we can't smoke inside the house. >> Okay. We can't smoke inside a car either. though. >> Yeah, we're they were hard though, so it doesn't matter. >> Yeah, okay. It doesn't matter. Um, yeah, go ahead and pull that insurance up. Uh, do you have your ID on you? You're not wearing a seatelt, so you're violating the law, so you have to identify yourself. Do you have an ID? Anything in the vehicle I need to know about guns, drugs, alcohol? >> No. >> Is there any more marijuana in the vehicle or? >> No. >> No. Okay. Where were you guys heading to today? Um, I was going to go drop them off. Where are they? I left. >> Okay. All right. Will you keep looking for that? Stay in the car. Okay. >> Ever. >> You don't wear a seat belt. I'm going to make you identify yourself. >> How many were in the back? I saw the one on your side. I can't see in that back window. >> Oh, I thought they rolled down the other one. Uh, just one. And I faintly saw him when I went to like go up to the side >> and that's why I was like roll this [ __ ] down. >> That is the darkest window I've ever seen. The back window, you can't see anything. That's crazy. >> Yeah. Uh yeah, there's only that one guy on my side. >> All right. >> Um >> you want me to go run her? You just want me to give you the >> um I don't care. I was going to see just run 50 checks on both of them. There's a reason why. Yeah. >> Yeah. >> How old is she? >> 20. >> Yeah. So, is a passenger. So, even if they were >> allowed to smoke in the car, it's not old enough. Anyway, >> does that give us PC for a search? >> I think it does. >> One of them admitted to smoking, right? >> You're a passenger, >> so yeah, she admitted to smoking and she's underage. >> I don't know about the car, though. You should have been smoking in the car or just smoking. >> Yeah, >> in the car. >> Yeah, because they said they couldn't smoke in the house. >> So, there's a black bag in that back. This is why I'm trying to get in the car. >> It was >> Oh, here it is. >> When the vote passed up >> talks about PC and cars. I >> think this one's for home entries. >> When did the vote pass or when did it go into effect? On January 1st, right? It's already there. >> So, that' be good. Yeah. Okay. Go ahead and step out for me. We're just going to walk right back here. You have anything on you that's going to probably blow up? I'm just going to check you for weapons. Okay. Uh, go ahead and turn around for me. Interlock your hands on the back of your head. Interlock your hands. Oh, go ahead and separate your feet. Okay, just go ahead and stand right over there for me. Unlock your door. Come back to the back of your car. Go ahead and turn around. You're going to walk your hands on the back of your head. Go ahead and separate your feet. You have anything on you that's going to poke me from probably blow up? >> No. Okay. That's not going to blow up, is it? >> No. >> Okay. All right. Go ahead and stand right over here for me. Do you have a sweatshirt or anything in the car? Uh, no. Okay. Go and step by the car for me. Put your phone down for me. Put your hand behind the back line back. >> If you don't mind stopping down here, we got three occupants. We might do a search. What else is in there? Uh, Woods and Papers, you uh 19. You know what the illegal smoking age is in the state of Ohio? >> Uh, 21. Yes, sir. >> You said you don't have one in there. A sweatshirt? Nope. Stay right over there. I'll check for you. Okay. It is not It's not legal to use the car at all. >> Yeah, we might drive in caught in a car at home. >> We need our bodies, but we're in the car. Like, >> yeah, >> I understand you can't use marijuana in the car if you're all under 21. Okay. >> It's don't need permission to search the car. >> We need a wife. She's not in the She's not in the trunk. Okay. The passenger compartment. We just leave it, bro. You're not going to find There's nothing in there. >> It's just like necessary. >> Just let him go. >> Just let him, bro. [ __ ] Don't matter, bro. >> Yeah. Turn back. Turn back. See your trunk? cuz she's looking through my trunk through the back like that. I'm just saying. >> All right. Well, I >> weren't for that. I'm just saying. >> Was she in the trunk? >> Uh, you can't even go through someone's purse. >> Yeah. >> There. >> I appreciate your >> If you have a locked box, we can break the lock to search it. >> What? >> I heard you need a warrant for that. >> Well, you heard wrong. >> What? Guess what? I'm lost. >> Wait, what? You are. >> Yeah. >> Wait, what did you say? >> So, >> I said you heard wrong >> about what? >> Not being able to open containers inside. >> If the bag is zipped up, >> the bag is zipped up. >> Well, you can take that up later. >> That's cool. I'm just letting go. >> I appreciate that. But is a container there within of the passenger compartment. That's what the law says. So, we can't open it. Okay. >> I was talking to him. >> No, just chill, bro. Come on, bro. >> It's lit. I'm saying there just >> chill, bro. I'm trying to try to get out of here like >> why you call me my shoes, >> bro. You call me like ashy feet on >> every coincidentally. And then it's going to be the no socks. You always wear socks. You be having socks. I wore them yesterday to work. Socks. >> It's cold as [ __ ] I was looking with no uh socks on. All right, we're going to walk down that way cuz you guys keep walking towards the car. So, step that way. >> We have the right to see what she's doing. >> No, you actually don't. >> All right. >> You guys keep engine closer to the vehicle and we're not going to have that. >> Wait, did I get my phone back? >> It's right down top of the car. >> I need to call my mom. No, >> get it back. >> Is there anything in here that's going to poke us? brought us blow up. >> I'm going to be on our PC search of the vehicle. >> As the officer proceeds with a search based on the admission of smoking in the car, the driver and passengers, all under 21, face scrutiny for possible marijuana possession. Ohio Revised Code section 2925.141 prohibits the possession of drug paraphernalia, stating, "No person shall knowingly use or possess with purpose to use drug paraphernalia." The officer justifies the search, citing probable cause from the admission of smoking, but the law student passenger counters that a warrant is required for searching personal containers like a purse. She's correct. Ohio law generally requires a warrant for searching closed containers unless specific exceptions like plain view or consent apply, which the officer doesn't clearly establish. Her knowledge of legal nuances exposes the officer's shaky grasp of search and seizure laws, as she insists on opening containers without articulating a valid exception, undermining her authority. >> All right. Um, the two passengers can go ahead and have a seat back in the car and then you'll just stay out here with me. >> Can I get my phone back? >> Yeah, you can. >> Are you coming back on this side? >> You just want to step up here with me? >> Um, so you didn't smoke? Mm-m. Okay. So, here's where the honesty is the best policy, okay, comes into play. So, um, we're just going to put you through some tests, make sure that you're okay to drive. >> Yeah. >> Can you go ahead and get back in the car for >> I'm sorry. >> Yeah. >> Yeah. >> We're going to shut the door, right? >> So, you did not smoke at all? >> No. Okay. >> I don't I stopped smoking a while ago, but cuz I work in the hospital now, so >> Okay. So, just going to educate you a little bit. Um, you guys are all under the age of 21. All right. You can't smoke marijuana. All right. It's not legal. Number one. Number two, you can't smoke in a car. The law states you have to be in a public property or inside of a a domain, right? That it has to be that. So, because this can hold the same as an OVI. Okay. So, operating a vehicle while impaired. >> Mhm. >> Um do you understand that? Did you know that >> that this is a OVI? >> So, if you are impaired. >> Yeah. I um got pulled well I got I was parked up and I got pulled over like a month ago for that and the cop told me if the car is not turned on I could smoke in there fine that's why like my friends smoke in there because they're not smoking allowed to smoke in their house or but I didn't know you couldn't smoke in the car at all like yeah no that cup was not informed um the law is very vague but it still states in there that you can't smoke inside of a vehicle because this can Okay. Um, so go ahead and take your hat off for me. I'm just going to put it right here. Okay. Oh, you see? All right. Um, do you wear any contacts or glasses? Uh, no. Okay. So, just go ahead and stand for me. Feet together. Hands down by your side. Okay. Um, actually, you can step this way. Then the tree will be in your way. Okay. Going to stay in this position until I tell you to begin. Do you understand? >> 11. Wait. Sorry. I forgot it was live. >> All right, go ahead and have a seat back in the car. You can take your hat. >> She It's like a lack of basic lack of care for instruction. I don't think she's impaired. I think she's just doesn't give a [ __ ] >> Yeah. >> It was just a very like lazy attitude and I don't think it I don't think she's impaired. >> Yeah. No, that's why I'm Yeah. >> Yeah. Yeah. Why are you so laxidasical about just life? >> What do you What does that mean? >> Laxidasical like you just like >> don't care. >> Yeah. Well, you don't care about >> I mean, that's my personal life. I don't think that consensus, does it? >> Well, I'm just saying you're you're violating the law. You're just out here doing SFSTs. >> I'm not. >> And you when I asked you here with me, >> Here's the thing. When I asked you for your ID, it's like >> it's not illegal. You are not of age to smoke it. >> I know. I didn't tell you I was smoking it. >> Okay. Well, then don't tell me that it's legal. >> Okay. I'm asking you a simple question. Okay. Does anyone want to claim this stuff? No. Okay. Then you're getting everything. Stay in the car for me. >> I think I didn't need to go that way. >> They kept wanting to argue it. You're not 21. What you're saying matters even if you were right to them all. >> Yeah. >> Yeah. Yeah. And doesn't know the word lax basical. Okay. I don't believe you. >> Wait, who's the one who said that they were in law school? >> I don't know. >> Passenger cuz mine said she was in uh worked at the hospital. >> And what? >> Mine said she worked at the hospital. All right. So, here's the deal. All right. No smoking in cars. You're not of legal age. Okay. So, what uh you're being served with is a summon to appear for possession of drug paraphernalia. Okay. You have to go to court on the fourth or the 17th of this month at 9:00 at 229 Huber Village down here at the Westville Police Department. Okay. Uh if you have any questions, you can call and talk to the clerk of courts and their phone number is right here. Okay. All I need from you is a signature right here. It's not saying you're guilty. It's just promising that you're going to appear in court. Wait, what was the thing again? >> I don't know what the thing is. >> Uh, what was I what are you charging or trying to charge drug? >> You said Westerville. >> Here's your copy. Do you have any questions? No. All right. Have a great day. The stop concludes with the officer issuing a summon for possession of drug paraphernalia, but the law students arguments highlight her procedural errors. Ohio Revised Code section 2935.26 allows for a summon in lie of arrest for minor misdemeanors stating, "A law enforcement officer who issues a citation for a minor misdemeanor shall issue a summon instead of making an arrest." The driver signs the summons, but the officer's reliance on vague laws and failure to address the warrant requirement for the purse search leaves her case vulnerable. The law students insistence on her rights, despite her casual demeanor, showcases her ability to challenge the officer's overconfident assumptions, potentially setting the stage for a strong defense in court. Her quick thinking and legal knowledge, turn the tables, exposing the officer's missteps in a way that could sway a judge. Like and subscribe for more police cam stories. Watch the next recommended video. Click to watch now.