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I'm going to conduct free air sniff of the vehicle. Could you step out? I just told you right now I'm going to conduct free air sniff. I can't run my dog when you're inside. So, could you step outside? So, if I got to tell you if I got to tell you one more time you're going to be placed under arrest. >> Listen. >> I'm I'm telling you right now. >> I'm scared right now. I am scared. >> On May 11, 2025, in Charlotte County, Florida, a traffic stop that opened with a warning citation ended in a misdemeanor arrest. The question it raises is precise. When does asking why become a crime? >> [music] >> I would like to get a name on this. 221 central copy stop. What did you throw out the window? Veterans at water Veterans at water. Looks like a Georgia tag Tom Adam Lincoln 2555 out of Georgia. Semi another vehicle on a burgundy looks like sedan. >> Afternoon, Deputy Tyler, Sheriff County Sheriff's Office. Stopped you for your speed, 78 in a 55. Can I see your What's that? Yeah, I don't Okay, well, I that's what I got you on radar for. All right. Okay, I don't I don't show it to people on the side of the road. All right. Yeah, no, I don't show it to people on traffic stops. Not legally required to. We don't do that. No, no, no. No, no. Nope. Sorry about that. Okay, no worries. You're good. You got uh Yep. Okay, I do need a copy of it, so Yeah, no, that's fine. Yeah, that's acceptable. Yeah. All right, is all your information still correct on your license? >> Yes, sir. >> Okay, how's your driving history? Any citations, anything like that recent? >> What do you mean, sir? >> Okay. All right. Um No, wait. I don't know wait. I don't need to run your name. I was asking you if you got a ticket recently. >> No, no, no. >> Okay. Not in the past year or two? >> No. >> Okay, perfect. All right, anything illegal in the car, any drugs, weapons, knives, anything illegal that shouldn't be in here? Okay. All right. Um if I Well, at current intention right now is to issue a warning for your speed. Do you Okay, so with that being said, would you mind if I took a look inside of for your vehicle for any of those any of those particular items? Okay. Okay. Okay, just hang tight. Be with you in a minute, okay? 221 central. We have a fan out available. The open sure doesn't see anything on there for insurance. Did you have your You got your copy of the insurance? I didn't see the policy number there listed. I didn't see the policy listed on there. Do you have a copy of of it current? Okay. Just need to see that you got a policy number that the vehicle's insured. All right, perfect. I won't take your phone, just going to scroll. Okay. All right, just hang tight. Be with you in just a minute, okay? All right. Sup? >> Sup, man? Um, speed contest like 78, almost 80. >> Um, pretty sure the passenger threw something out back there, like a clear thin wrapper of some sort. Not sure what. Um, I told him I'm writing him a warning, and as I said, the search. He said only the glove box and the area. So, I said, "Okay." I'm working on his warning right now. Hey, how's it >> Pretty good, but how's it going? >> I'm doing pretty good, man. Hey, so I'm Deputy Saville of the Charlotte County Sheriff's Office. Is it Did you uh did I get consent to search? >> No, I did not. >> Search the vehicle? Huh? >> I did not consent to search. I said we could look around the perimeter as far as the safety of the area. >> Okay, but can you guys just step out? >> For what? >> I'm going to stop You going to let me talk? >> I I don't want to step out. >> Okay, so I'm going to conduct a canine free air sniff of the vehicle, so if you can step out right now. >> And I know for what reason. >> I'm going to conduct a free air sniff of the vehicle. Could you step out? >> know for what reason? >> I just told you right now. I'm going to conduct a free air sniff. I can't run my dog when you're inside, so could you step outside? So how much If I got to tell you one more time, you're going to be placed under arrest. >> your sergeant? >> Listen. I'm I'm telling you right now >> I'm scared right now. I am scared. >> I'm telling you right now to step out. >> I'm asking you >> I'm telling you to come out. >> Why? >> I just told you three times. Yes, you do. Sir, I'm telling you right now >> I need to know why. >> All right, step out. >> I don't Why are you grabbing me? >> Sir, step out. I'm telling you to step out. STEP OUT. STEP OUT of the car. Step out of the car. Get out OF THE CAR. >> I'M OUT. >> PUT YOUR HANDS ON TOP OF THE CAR RIGHT NOW. PUT YOUR HANDS ON TOP OF THE CAR. >> WHAT AM I DOING NOW? WHAT AM I BEING ARRESTED FOR? What am I being arrested for? >> Dude, I told you five times why. Obstruction. Dude, I told you I told you 10 times already. >> Why are you fighting me? >> Listen. I told you I'm conducting Let me talk. Let me talk. Listen. >> Yes. >> I told you three, four times already. I'm conducting a free air sniff of your vehicle. You got to step out of the car. And you didn't step out. >> No, I was asking you why am I having that? >> Now you're having it because you're in handcuffs. >> No, I'm I'm actually calm and I'll sit down. >> I'm trying to explain to >> Yes, sir. I'm listening. >> Listen. If I conduct a free air sniff of the vehicle >> Yes. >> You got to step out of the car. I'm not going to conduct a free air sniff of your vehicle and the dog bites you, you know what I mean? >> No, that's why I told you why. >> That's what I was asking. >> Cuz we're going to do a fear sniff. You denied consent. >> purpose? >> consent. We're going to do a fear sniff of the vehicle. >> pulled over multiple times and never had to get my car searched. So, I was asking why. >> It's your right. It's your right. So, I'm I'm going to run the dog. >> Absolutely. But, you can't be in the car when you run the dog. What if I have a chicken in the back seat? >> Yeah, he ain't going to have no chicken. >> But, I'm just literally Listen. Listen. >> It could have been easy thing. I run the dog, nothing hits. >> just wondering why. I didn't know I wasn't allowed to ask questions. >> I told you like four or five times. I'm just asking the question. >> You can stop. >> you like five times. >> I'm asking the question four times. >> I'm going to run the dog, then we'll be out of here, right? >> This is man. So, this is what happens if you don't admit admit to a search? >> It wasn't that. It He's doing a a sniff on the outside. You can't be inside the car while he does the sniff. >> That's not a search. I've been pulled over multiple times. >> But, that's not a search. >> That dog can do more than just a mere interaction. >> That's not a search. And we're giving you a lawful order to exit the car so we can conduct the search and you're not listening to us. >> lawful one. >> He told you that he's going to conduct a sniff on the outside. >> pulled over multiple times for a long time. I know that. >> Okay. All right. You're from Georgia, right? >> Yes, sir. >> Are you from Florida? >> Sir? >> Are you from Florida? >> I've been in and out of Florida. I'm not trying to be a tool. Why am I getting in the car now? >> Go. Get in the car. >> For what now? What am I being arrested for? >> Get in the car. >> This is actually detainment. >> No, you're going to be under arrest. Yeah, he turned a little thing to a big thing, you know what I mean? >> You got to step out while I run my dog. We're going to run >> So, where's the dog? >> Back to the car. >> I thought you were just running the dog. >> Yeah, well, now he's arrested, so we're searching the car. >> So, you have arrested him? >> Yeah, he's arrested. I'm going to get out of the car you don't want Nice stack. >> What's up with your boy, man? What's up with that? >> That's my little brother. He's just probably irritated because he's been stopped so many times. Other than that, I just moved out here, so >> Yeah, from Georgia? Huh? From Georgia? >> I moved out here from >> Oh, North Carolina? Oh, okay. Is there anything in there that you're not supposed to have? No? Then what's the big deal? Then why did you make this a thing? >> Hold on, man. You would >> Then why did Level with me here, bro. Why did Why Why did this become a thing? >> to be honest with you. Honestly, because I've been pulled over twice in the last 2 weeks cuz I have a Georgia tag. >> Mhm. >> It's frustrating. >> Okay. >> I'm giving it to you straight up. This is Mother's Day. My mother died in 2013. That's my god brother right here. >> about that. >> Pardon me. Thank you. Pardon my dude. I'm searching my car. It's frustrating. That's honestly the reason. Honestly the reason. I just went and got a case of beer. We got two things of chicken and I'm going home to >> Mhm. >> That will actually make you go to jail. >> So, here Here's the thing, man. All right? I didn't stop you, so I don't know I don't know I don't know why he stopped you. I'm sure he explained to you why he stopped you. Okay. Right. He He asked you Do you give us consent to search the car? You said no. >> Absolutely. >> Which is your right. We can do an exterior sniff of the vehicle with a canine if we choose to do so. Exactly. Exactly. >> where it constitutes something more than a traffic stop. Well, I asked to see the sergeant. I think I'd like to see the detective. >> The At that moment, when we're giving you a lawful command to exit the car so we can conduct that sniff, when you tell us no and we tell you again, "Listen, get out of the car." And then we open the door for you to escort you out of the car and you go like this and you pull away from us, that's resisting. >> I didn't >> Yes, you did. It's Dude, I'm I'm trying to explain it to you. In the moment, I can't explain it to you because I don't know you. You know what I mean? I don't know if you got guns, knives, bombs, any of that. I don't know you. I've never met you before. Okay? I've had interactions with people that they've acted calm and then they tried to kill me later on. Okay? So, we can't just base it off of I'm telling you I'm not a threat. You know what I mean? >> I told you I asked for the explanation which is not part of my right to do. >> Right. But we But we did and then you kept on interrupting my my boy over here. You kept on interrupting him. >> You give me the reason behind you. Which is my right to do. >> Let me roll the window so you can get AC. >> All right. We're getting You're saying I'm sorry. I didn't hear what you're saying. You're saying that What are you saying? >> Staying at my brother's house. >> Where they live? >> Uh >> You can set up. You can set up. At work? At work? Okay. Do you have a phone to call him? >> Yep. >> Okay. We You You're Get him to give you a ride here. To come pick you up. Can he come pick you up here? >> No, that's my brother right there. >> Oh, I I thought you were saying that as like a friend or something. >> That's my brother. >> Okay. Do you have anyone else that you know that lives down here? >> No, I have to catch the bus or something. >> Okay. Do you have phone and all that? >> Yes. >> Can I get Yeah. It's kind of like Yeah. >> Yeah, he turned a big thing to a little a little thing to a big thing, man. >> Obviously you don't have any in the car. >> I would have ran around. Done nothing. >> You would have done nothing. >> Stop it. What's a good phone number for your uh for a cell so they can put this on the tow form? >> What? >> Cuz you're going to jail. Um huh? Resisting without violence. When he told you to step out of the car, he was lawfully allowed to do that and he and you didn't listen to him. >> I was asking you why. You would be scared if you got four behind you. >> No, I just do as I'm told. There's some police. They're not going to just shoot me down for no reason. >> I'm not saying you, but we look alike. >> Yeah, those are good cops. They're not We're not playing the We're not playing the race game here. I'm not doing none of that. Okay. Okay. >> Come on, man. Really? >> It was >> Well, some of them are damn cops. I know it's not a race game. >> I got you. It's so easy just listen to what they had to say. And just step out. >> to bring me to the ringer and tow away my car for >> No, you got your car towed for not listening to directions, man. No one else here purposely just wanted to tow your car. Yeah, it's in It's in the It's in the back We'll get it when you get to the jail. You good, man? Okay. Thanks. Appreciate it. >> Well, let me tell you what would have happened. A warning. The dog would sniff your car a little bit. I would have read you your rights, gave you a warning. We would have probably found nothing. I'm just suspecting. >> There's nothing in there. Like >> You would have had your piece of paper, you'd have been on your way. >> I get nervous and I'm going to jail. >> There's no reason for that, man. You're just >> It is a reason, sir. You I don't understand that you don't I understand it. I get it. I'm not going to battle. I'm not trying to make it like that. You've been You were perfectly fine with me and I'm not trying to make it like that at all, but there is a reason. There is. I even requested to see a sergeant. >> What's that? >> I said I even requested to see a sergeant. >> I I get that. You can request to see a sergeant, but the problem is you still have to obey the orders when they're given, not when you choose. >> When When explained Absolutely right. I understand that and I know that. I've I've read that part many times. If a lawful order is given, once explained, you must comply. Yes, I I did Like I said, my son just graduated from the academy a year and a half ago in Suffolk County, Virginia. I I stand behind the blue. But you can't blame me for getting freaking nervous. >> All right. >> Um so, the last call is it should be Alex F. >> Recent? Yeah, Carl on here. >> All right, that's my brother. Oh, shoot. I hit cancel at the top. And you can hit um Alex F. Yes, sir. Cuz I'm Donald called me. >> I'll put him on speaker. Is that okay? >> Yes, sir. I don't know if he'll answer or I'll leave a message for him. >> All right. >> 8 12 >> [snorts] >> Oh, he's resisting without >> Alex, it's me. Um they got >> to walk in to my clients. >> Hey, I got you. I'm going to jail. >> What? >> You know what? >> They pulled me over for resisting arrest. >> Shut up. >> Dead serious. I'm in a cop car right now. Just wanted to let you know resisting arrest uh Port Charlotte. >> Okay. >> Babe. >> I know. >> I'll see what I can do. >> All right. I'm going inside now. Thank you. >> Bye-bye. >> You want to shut it off or you want to leave it to get numbers out? >> Uh I don't know what Let me get numbers out inside. I don't know I don't know the first one I'm going to call is Carl. That's my pastor, my brother-in-law. >> Okay. All right. I'll leave it on. You can shut it off when you go in there. >> Yeah. >> All right. You're going to get You're going to get this guy inside, I guess. >> What are they saying? That guy got what now? What is >> He's got some issues. They're going to get him inside. All right. I'm going to come check your car out. >> Thank you so much. Thank you. >> The stop itself was clean. 78 in a 55 documented on radar. The issue begins the moment a canine unit arrived and the driver was ordered to exit for an exterior dog sniff he had not consented to. Start with the Fourth Amendment. An exterior canine sniff of a vehicle is not a search. The US Supreme Court settled this in Illinois versus Caballes, 543 US 405, 2005. Officers need no consent for an exterior dog sniff. Caballes has a critical companion, Rodriguez versus United States, 575 US 348, 2015, holds that once the stop's mission is complete, further detention requires independent articulable suspicion of a separate crime. Without it, the extension is unconstitutional. On camera, the only documented basis for extending the stop was a passenger observed discarding a clear thin wrapper. Whether that single observation constitutes articulable suspicion is a question this footage cannot resolve. That gap is the Rodriguez problem here. The exit order rests on separate authority. Under Pennsylvania versus Mims, 434 US 106, 1977, an officer may order the driver out of a lawfully stopped vehicle as a matter of course without additional justification. What is contested is the sequence, not the authority. The complete rationale for the exit, that a canine sniff requires the occupant outside for officer safety, was communicated after the arrest, not before. Sequence is not a formality. It is outcome determinative. Florida Statute 843.02, resisting an officer without violence, requires the officer to be in lawful execution of a legal duty at the moment of resistance. If the detention exceeded its lawful scope under Rodriguez, the charge carries a weakened foundation. The vehicle was searched after the arrest and nothing illegal was found. A misdemeanor charge, a towed car, and a Mother's Day in custody for a clean vehicle. Whether that outcome survives in court depends entirely on how a judge weighs the articulable suspicion on record. Deputy Chandler receives a B minus. The stop was legally justified. The demeanor proportional. No weapons were drawn and the handcuffing technique was measured. Those are real positives that belong in any honest evaluation of this encounter. The deduction reflects two avoidable failures. The articulable suspicion for the stop extension was not clearly documented on camera and the full explanation for the exit order arrived after the arrest rather than before. Both were preventable and both had direct consequences. The driver receives a B+. He was cooperative, truthful throughout, and correctly exercised his Fourth Amendment right to deny consent to a vehicle search. That right is fully protected and cannot lawfully serve as an independent basis for arrest or extended detention. The deduction is narrow but real. Once the exit order was given with explanation and repeated clearly, the law required compliance regardless of disagreement. Pulling back during the officer's escort crossed the threshold for resisting without violence under Florida statute 843.02. The roadside is not where you contest an order you believe is unlawful. That belongs in court through a civil rights claim under Title 42 US Code Section 1983 if warranted. Comply first, contest later. The cost here was the moment compliance was withheld. Lesson one, denying consent does not end the encounter. Under Caballes, an exterior canine sniff requires no permission. Refusing a search is your constitutional right, but it may legally trigger the next investigative step rather than conclude the stop. Lesson two, the Rodriguez clock is real. Once the stop's original mission is complete, any extension requires articulable suspicion of a separate crime. Officers must be able to name that suspicion clearly on camera. Asserting authority is not the same as establishing it. Lesson three, a lawful order does not require your agreement. Under Mimms, you must comply with an exit order during a lawful stop. The remedy for an order you believe is unlawful is a court filing, not roadside resistance. Comply first, contest in court. Lesson four. Explanation sequence is outcome determinative. The full rationale given after this arrest was accurate. Had it come before the ultimatum, this driver almost certainly receives his warning and drives away. Timing is not a soft skill in law enforcement. It is the job. Lesson five. Fear is not a legal defense, but it is evidence of something the law cannot fix alone. This driver had been stopped twice in two weeks. That does not change the statute. It points to a trust deficit procedural compliance will not repair. The case outcome is unknown at the time of this analysis. Based on the Rodriguez extension question and the sequence of the exit order, any prosecution under Florida statute 843.02 faces constitutional challenge. That is a determination for a court, not a roadside. If this breakdown was useful, subscribe to our channel. We analyze police encounters, use of force standards, and the constitutional questions that actually matter broken down clearly every time. What the law says, how it was applied, and what it means for everyone involved.
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