Do you mind if I search your vehicle? >> Yes, sir. Go ahead. >> I can? All right. Well, first thing I'm going to have you do, all right, is I'm going to have you step out for me. Do not move. Do you understand me? >> Yes, sir. >> Do not move. >> Well, I have a question >> No, stop. Do not move. >> I have a question >> Stop before I let you go. >> Step out. >> Go ahead. Um this is technically >> Right now you're just being detained, okay? You're not under arrest. >> This is technically my uh around. >> When I ask you there's a gun in the vehicle and you tell me no and you got one right between your damn legs. >> On March 23rd, 2024, in Pensacola, Florida, a routine traffic stop escalated into something few encounters captured this cleanly. A stolen firearm, a DUI admission, and a confession. All on one body cam. >> It's going on, man? >> What's going on, man? >> Hey, Officer Baker, Pensacola Police Department. >> How's it going? >> Good. You all right? >> Yeah, yeah. I just pulled in. I was going to go pull down there with my friends, but I had seen you like literally the moment I pulled in down here you pulled on your lights, so I just stopped right here. I don't know whose house this is. >> Yeah, I know you don't cuz it's uh abandoned. >> Oh, for real? >> Yeah, it's for sale. You pulled into a house with a for sale sign right in the front yard. >> they uh I thought they had uh sold it like 2 months ago. >> I don't know, but I know you didn't live here. >> Yeah, yeah, yeah. No, I had pulled in cuz you had flicked your signs on. I live uh not I don't live down there, but my friend does live down there and I I saw you following me and I was a I was figuring you was going to get me to the house, but you had caught me a little early. >> Where are you coming from? >> Uh right down um You know Dunmire? >> Okay. >> Yeah, yeah, yeah. I was coming uh right off of Dunmire off of um It's uh you know the road with the um UPS trucks? >> Okay. >> I I coming off there. I don't know if they have a road cuz whenever I go into Google, they don't have a road. >> Got you. >> So, I was just coming off of there. I just came off of work. I just went uh see my friend. Um He had a little bit of money he owed me, so I just went and seen him and then I'm going home now. I live um right off of Knight. >> Right off of Knight? >> Yeah. >> heading home? >> Yeah, once you once you had pulled behind me though, I ain't going to lie. I got a little scared. That's why I pulled down here. >> Why did you get scared? >> I I just I just fear police. >> Oh, yeah. You're shaking a lot. Why are you shaking so much? >> I fear police, man. >> Why do you fear police? >> It's just um last time my brother had got caught behind police. They had um taken him to jail with nothing. >> Interesting. >> Yeah, but he was also a minority. Right. >> So. >> So, you got off work off of Ditmar? >> Yeah, no no no. Um you know where Jet's Pizza is? Right next uh to right across the street from Zaxby's. It's like in a little gaming plaza with the Coastal Cakes. >> Right by Walmart? >> Yeah, yeah, yeah. You know what I'm talking about. >> Where do you work at? >> Uh I work at uh Zaxby's in the morning, which I'm going to go to in the morning, and then Jet's at night. >> Okay. >> So, I had just got off of work. >> Uh pizza place. >> Oh, okay. No, I ain't tried them yet. >> Oh, man, you're going to love them. If you ever try them, you're going to love them. >> So, you just got off work and you were headed home? >> No, I got off work um what time is it? What's >> Time do you think it is? >> 10:12. I was going to say my my clock says 11:12. >> I had um >> What time did you get off work? >> I had got off work around uh 9:30 and I went to my uh friend's house just because he had a uh little bit of money he owed me. >> Mhm. >> I let him uh borrow a little bit of money so he can go get some groceries. >> Right. >> And uh he told me he had the money tonight, so I just went up pulled by him. Me and him talked for a little bit then I left home, so If it says 11:12 on the clock, then it's going to be about 12:10 now. >> It's a 12:10. >> uh 10:12 now. >> 10:12? >> Yeah. >> Okay. You got to work at 9:30, went to your friend's house. >> Yeah, I want uh No, no, no. I didn't get off until like 9:45, 10:00. Yeah, no. They had me late today. >> Got you. >> Cuz uh they had me on some um >> You got a license on you while we're talking? >> I do. Yeah, yeah. >> You got registration and insurance as well? >> I do. I do. Um my insurance is supposed to be updated next month, so I don't know how my dad did that yet. >> Got you. >> But um >> Car's in his name? >> Yeah, yeah, yeah. It's in his name, but it's also in his insurance, but beginning of April 20th, >> Uh-huh. >> I think it's supposed to be in my name. >> Okay. >> So, here. I can give you the insurance. >> You got anything illegal you shouldn't have in the vehicle? >> Huh? >> Is there anything in the vehicle that you should not have in the vehicle? >> No, sir. >> No guns? >> No, sir. >> No >> um I did have a uh sword that I had a >> [laughter] >> I did have a sword that I bought off my friend, >> Yeah. >> but um again, I had dropped it off at my friend's home uh at my friend's house just in case, you know what I'm saying? I told him that I would come get it on any circumstances that I need to take it home, but as of right now this needs to stay in the trunk. >> Okay. >> I told him that. I was like I was like I was like there's no point in me taking it home. There's no, you know what I'm saying? Just in case me me gets caught up, I don't need it. >> Okay. >> So, here's the uh I think this is the insurance. Yeah, this is the insurance. So, his is up top, which is the uh 2023 Chevrolet Camaro, and then mine is at bottom, which is the uh 2010 Chevrolet Cobalt. >> Okay. Got you. >> Yeah, yeah, yeah. Just so you didn't get confused. >> You got the registration? >> Okay. I was about to say, if you don't even got If you ain't got it, I got it. >> Uh I got you. >> Yeah, yeah. You mind turning it up in here a little bit more? I was saying my phone's dead, so I can't really see. Here it is. >> Got your registration? >> Why you Why the [ __ ] I know that's my uh cuz I had gotten a ticket not a not a while back. >> Uh-huh. >> Uh I think November or Decem- or December? >> Uh-huh. >> I had got a ticket for going unlawful speeds. Is this it? No, that's my registration That's my license, isn't it? >> Got your license? >> Um not my license, my insurance. >> Got your insurance? >> Is this my insurance? I really don't know, man. Like I Like I I ain't going to lie, I had got my first car This is my first car November. >> All right, but so hear me out real quick, okay? >> The stop itself clears the first legal bar without controversy. The officer observed the vehicle crossing into oncoming lanes and nearly striking a curb on a left turn. Under Terry versus Ohio, 392 US 1, 1968, that level of specific articulable observation is all the Fourth Amendment requires to justify an investigatory stop. What makes this stop legally significant is what happened after. The driver consented to a vehicle search before any firearm was visible. Under Schneckloth versus Bustamonte, 412 US 2, 18, 1973, voluntary consent eliminates the warrant requirement entirely. The subject was not under arrest, no weapon was drawn, and no coercive pressure was applied. That consent was airtight. >> All right. >> Um the reason why I was So, I didn't get behind you to follow you, right? I The reason why I got behind Such That's That's your buyer's guide, all right? That's your your warranty stuff. >> yeah, that's what it is. That's what it is. >> Yeah, I don't need that. You can have that. >> Yeah, let me see it. >> Your registration Your registration's right there next to your hand where you just put it on the seat. No, other one. That's your registration. >> sorry, man. I'm sorry, man. >> Let me see that. >> Damn. I'm a big mess, man. Sorry. >> No. So, uh what What? All right. So, the reason why I was pulling you over is cuz you were swerving all over the damn road. You were going into the oncoming lanes of traffic. Any reason for that? >> Nah. I ain't going to lie, uh other than paying attention to my phone, trying to get um >> Your phone is dead. >> No, my phone before you had pulled me over was on like 2%. You know, it's iPhones. They They They [ __ ] up all type of ways. >> Uh-huh. >> Um I had my insurance pulled uh not my insurance, my address pulled up and uh I I guess I was >> your address pulled up? >> I did. >> You don't know where you live? >> I do. I do. It's just uh come where from where where I came from, it's just the way that I was pulling out. >> Yep. >> I didn't know exactly which way to go. >> All right. So, here's the deal, right? So, the reason why I was pulling you over is cuz you were swerving in your lanes, right? And then, when you made this turn here onto What is it? >> Uh >> Shade. >> Maribel? >> Under No, it's Shade. >> Shade, okay. >> Yeah. So, you made your left-hand turn onto Shade, you almost hit the curb on your right-hand side. You made too wide of a turn, almost hit the curb. >> Right. >> And it's kind of weird you pulled into a park to a house that's abandoned. It ain't yours. See that's a little weird? >> Yeah, no, no, no, I'm sorry. >> All right. So, my worry is that you're safe to drive, okay? >> Yeah. >> Have you been drinking anything tonight? >> Uh no, sir. I did smoke. I did smoke. >> Okay, what did you smoke? >> Uh just a little bit of marijuana. >> A little bit of marijuana? What time? >> Uh 9:45, 9:50. Right before I got off of work, I had a little bit of marijuana. >> You smoke at work? >> Uh, no, not at work, but right after I got off, I literally I'm not I'm not going to lie to you. I pulled right down the road, got away from the building, and started smoking. >> Where'd you smoke at? >> Uh, so you know where Dust Piece is, right? >> Yeah. >> Okay, right behind there, um, I had pulled on the Tipping, turned right on Tipping, and turned left immediately, pulled into a uh I'm guessing it was an abandoned house, cuz there was no cars behind it, and I started smoking. >> Okay. All right. >> So, it wasn't that much. >> No, sir. >> You smoked it all already? >> Yes, sir. >> Okay. Any methamphetamine? >> No, sir. >> Any cocaine? >> No, sir. >> Heroin? >> No, sir. >> Fentanyl? >> No, sir. >> Ecstasy? >> No, sir. >> Nothing? >> No, sir. >> Nothing in the vehicle? >> No, sir. >> Okay, do you have any problem >> Yeah, I was about to say, unless you want deodorant. >> No, I don't want deodorant. >> [laughter] >> Do you mind if I search your vehicle? >> Yes, sir, go ahead. >> I can? All right. Well, first thing I'm going to have you do, all right, is I'm going to have you step out for me. Do not move, do you understand me? >> Yes, sir. >> Do not move. >> Well, I have >> Do not Stop. No, stop. Do not move. >> I have a question for you before I let you go. >> Step out. >> Go ahead. Um, this is technically >> Turn around. Right now, you're just being detained, okay? You're not under arrest. >> This is technically my >> Turn around. When I asked you if there's a gun in the vehicle, and you tell me no, and you got one right between your damn legs, I got a problem with that. Do you understand me? >> My bad, you're right. >> Step back. >> Yes, sir. >> You got anything on you? >> I do. >> What do you got? >> I have a firearm. >> You got one on you? >> I do. >> Where is it? >> It's under the uh it's under the seat. >> Do you have anything on you, on your person? >> No, no, no. No, no, no. Other than maybe a vape. >> Step back to my bumper. >> Yes, sir. >> Are y'all Are y'all in >> Yes, sir. >> Got you. >> I want to tell you there is a firearm >> You already did lie to me. >> I didn't No, no, no. I was going to tell you there was a firearm. I was going to tell you >> I asked you. >> You asked me if there was a firearm on me. If there was a firearm in the car, that's what >> I said, "Is there anything in the car that's going to get you in trouble? Any guns?" And you said, "No." I said, "Knives?" You said, "No. I have a sword." >> You said if there was anything on me. I won't I won't lie to you all this time. Actually, like the Marlo, I don't know if you know cuz you've been I don't know how long y'all been from the Pensacola Police uh for. But, Marlin Jarvis that had just got killed. Yeah, yeah, at the um >> What about him? >> bar. >> Yep. >> Um that was one of my people's people. Um Marco that just got killed. The 15-year-old boy that just got shot. That was one of my people's. Like, I called his mom. My Like, that was my mom. He had just got killed. Napoleon, I don't know if y'all I don't I don't think y'all had released his name yet. But, I think Pensacola Police do know his name. Napoleon Powell. >> Got you. >> it was. All right. He had just got killed. So, I just had a brother that just got >> Nathan? All right, listen. You're only in handcuffs because you lied to me about the gun. >> Yes. >> Okay? We'll worry about that later. Right now, you're detained and not under arrest, okay? What I'd like to do is take you out of handcuffs and do some field sobriety exercises. I want to make sure you're safe to drive, okay? Based on your driving pattern and things like that. >> Yeah. >> Are you willing to do field sobriety exercises? >> Yes, sir. >> Like I said, you're not under arrest right now. You're just detained because of the gun. That's why I kind of got it tense there for a minute, okay? But if I take your handcuffs, are you willing to do these sobriety exercises? >> I do. The only problem I will have is the um like the whole feet sobriety test is because I I have basic I have terrible power. >> Terrible power? >> Yeah, like terrible balance, not power. Balance. >> Okay, hey. >> Go over my uh you can go over my doctor records and stuff like that. I have terrible power. >> Okay, we'll talk about all that. We'll talk about all that. Like I said, you're not under arrest. Let me take these handcuffs off you. And then we'll do some field sobriety exercises and make your make sure you're safe to drive, okay? >> Yes, sir. >> All right. Put your hand on your head. Put this hand on your head. There you go. No, you're good. It's just Just find a place to go. No, no, no, you're good. There you go. All right. So, what I'm going to do now that I I pat you down real quick, okay? What I'm going to What I'm going to do is if it's okay with you, I'll take you to the church, do the field sobriety exercises, and then I'll bring you back over here. >> Okay, I can I leave my car here? >> Yep. Yeah. >> Can you check his car just so the battery and all that? >> Yeah. >> I appreciate it. >> All right, bud. >> Uh if you can. >> And then this side, right here. And real quick, I'm going Hold on, real quick. I'm just going to pat you down again, make sure you ain't got nothing that I missed. >> Go ahead. I got my hands up. >> You ain't got no guns on you, right? >> No, sir. >> All right. >> Just uh just only inside the car. >> Got you. >> All right. >> All right, take a seat. >> Yes, sir. >> Are you cool if I leave this here with you? >> Yeah, I'll put >> You what? >> I'm sure it's hot. >> Yeah, I figured we could run through county, have them actually run it. Um Yeah, when I got when I I mean, he was his head was out the window looking at me. Freaking out. Um fidgeting like crazy, but the way his he wouldn't open his legs it was in between his feet. I couldn't see it. And I asked him if he had a gun, he told me no. All right, man. Come out for me. >> Yeah, that's the only thing I'm scared about. >> I got you. We'll go over >> What's in front of my car? I got you. I ain't know if you want me to close it. >> No, no, I got it. >> Some Some officers are Some officers are just not Some officers are >> I got you. Go ahead and pull your hood down for me. Just while we're doing these. >> I got you. >> Here, hold on. >> Cuz my hair's all in the way, so if I do this >> Don't >> No, no, you're good. All right, what I'm going to do is go ahead and put your heels and toes together and your hands by your side, okay? All right, are you under the care of a doctor right now? >> No. >> Okay, are you under the care of a dentist? >> No, sir. >> Okay, do you have any seizures? >> No, sir. >> Okay, do you have any traumatic brain injuries? >> No, sir, but I am cold, so that's why I'm shaking. >> Um Uh any physical disabilities? >> No, sir. >> Okay, do you Are you diabetic? >> No, sir. >> Are you on insulin? >> No, sir. >> Okay, are you on any medications? >> No, sir. >> All right. So, I'm going to have you do >> Oh, um Lexapro. >> Lexapro? Okay, when was the last time you took that? >> Uh like a month ago. >> Okay, what's it for? >> Uh depression. >> Depression? All right. So, what I'm going to do is I'm going to You can leave this on so you can keep your hair out of the way. >> Yeah, yeah, no, you can leave it. Just however you need to. >> All right, what color is this? >> That's green. >> Green? All right, so what I want you to do is go ahead and put your hands by your side. Put your feet and heels Put your >> It's really cold. >> Yeah, yeah, we'll I will try and do this as fast as possible. Toes against together. All right, what I'm going to do is look at this. I want you to follow it with your eyes, your eyes only. Do not move your head, do you understand? >> Yes, sir. >> All right. >> It's still very cold. though. >> We'll try and get it done as quick as possible. Keep your head still. >> No, you're good. You're good. You're good. Take your time. I know how to go. It's cold. >> Put your hands back down by your side. I know you're cold. >> No, that's my bad. That's my bad. >> So, I'm going to do the same thing. I'm going to go up and down, though. Okay? It's not a trick. So, follow the eyes. Eyes only. Don't move your head. You good? >> Yeah, man. Like I said, you know what I'm saying? Like I know y'all got to do what y'all got to do. >> you. >> But, um it was really just a it was really just a um thing of protection. >> Yeah. >> I was just I'm just been so scared over recently. >> you. Walk over to me real quick. >> I got you. >> All right. So, what I'm going to have you do is see where my light's sitting. See where my light's at? Right here. See that? Go ahead and stand on that facing me. So, >> One thing I will have to say, my balance is bad. >> Okay. And I'll take that all into account. >> Okay. I just wanted to let you know. >> So, what I'm going to have you do is put your left foot on the line. Yep. And put your right foot in front of your left foot with the heel of your right foot touching the toe of your left foot. >> Damn. Yeah, this is this is going to be bad for me. >> Well, do the best you can. >> you. I got you. You ready? >> Almost all the way. >> You ready? >> Don't do anything until I tell you to start. What I want you to do is you're going to put your left foot on the line with your right foot in front of your left foot with the heel of your right foot touching the toe of your left foot just like this. Okay. So, go ahead and get in that position. >> Like I said, I'm going to try but it's really hard. >> Stay just like that and put your hands by your side. I want you to stay in that position and don't move until I tell you to. Do you understand? >> Yeah, hold on. >> Don't start the test until I tell you to. >> This is hard. Cuz like you said, I I was able to see it. >> All right, go ahead and look at me. All right, so I'm I'm going to show you how to do it, okay? And then you're going to do it. I'll let you know when. So, just watch me. When I tell you to begin, what I want you to do is take nine heel-to-toe steps down this line. 1 2 3 4 5 6 7 8 9. On your ninth step, keep your lead foot planted, take a series of small steps to turn around and take nine heel-to-toe steps back. 1 2 3 4 5 6 7 8 9. While you're doing that, hold on a second. While you're doing that, I want you to look at your toes and count out loud just like I did, okay? >> And I'm not I'm not judged on pure accuracy cuz my pure accuracy is going >> We'll we'll work on all of that, okay? You're just going to do exactly how I told you to do it. If for whatever reason, uh you want to stop walking, don't. Keep going until the test is finished. Do not stop. Do you understand? >> Yes, sir. It's just cuz I'm cold. That's all. >> I got you. All right, you may begin. >> All right. 1 2 3 4 >> Make sure your hands are out of your pockets out of your side. They out of your side. There you go. >> 6 7 8 9 1 >> All right. So, walk with me. >> Yes, sir. Yeah, like I said, that one right there I'm cold. >> you. We'll go right about here where my light is. >> All right. >> So, go ahead and stand where my light is. All right. You're going to put your heels and toes together just like the first one with your hands by your side, okay? You're going to stay just like that until I tell you to begin. Don't move until I tell you, okay? So, for this one, you're going to pick up a foot of your choice, whatever foot you want to pick up, okay? What you're going to do is when when I tell you to begin, only when I tell you to begin, you're going to lift that foot approximately 6 in off the ground with your foot parallel. And you're going to count out loud 1,001, 1,002, 1,003, 1,004, and so on until I tell you to stop. Do you understand? >> Yes, sir. >> The entire time you're doing that, you're going to look at your toe, you're going to count out loud. If for whatever reason you put your foot down, go ahead and pick it right back up and start where you left off. >> Yes, sir. >> All right. Are you ready? >> Yes, sir. >> Do you understand the instructions? >> Yes, sir. >> All right. Go ahead and begin. >> 1,001, 1,002, 1,003, 1,004, 1,005, 1,006, 1,007, 1,008, 1,009, 1,0010, 1,0011, 1,0012, 1,0013, 1,0015, 1,0016, >> Make sure your hands are out of your pockets. >> Yes, sir. My bad. >> At your side. At your side. Flat on your side. >> Flat on your side? >> Yep, just like that. And 6 in off the ground. >> 1,0018, 1,0019, 1,0020. Flip legs. My bad. 1,0021, 1,0022, 1,0023, 1,0024, 1,0025, 1,0026, 1,0027, 1,0028, 1,0029, >> All right, you can stop. >> Yeah, I was You can see how I was leaning up. >> All right. Go ahead and go to the front of my car. >> I got you. You said front? >> Yep, right to the front. Right here. Right here. Right here. This one No, no, this one. Right here. >> Oh, that time I thought you said front. I got >> No, you're good. Turn around, face that way. All right. Let me see your hands, all right? Put them back together. >> Am I being or released? >> I'm going to explain all that to you in just a second. >> So glad y'all are out tonight. >> You glad we're out tonight? >> Yeah, man. >> I got you. >> You know what I'm saying? Cuz like I can't say I'm the perfect innocent person, but >> I'm glad y'all I'm glad y'all are out tonight. >> All right, man. Sit down here for me. >> Yes, sir. >> I'll explain everything to you in a few minutes, all right? >> Yes, sir. >> All right. >> God damn. Pull the seat belts around you. >> I appreciate it. >> Yeah, man. >> Got to be safe, right? >> Oh, yeah. I know it, right? >> Got to be safe. >> Next time. >> Yep. 231 Yeah, I heard. And he's starting to talk about it. He's like, "So, don't you going to find on that is it it maybe weapon charges?" I'm like, "Oh, stop stop talking." >> Oh, he knew he was going to talk. >> Oh, yeah, he knew. That's why he was shaking so much. >> All right. I'll uh take care of all this. >> Do you want to go ahead and do a good search? >> 195 >> Of him? Yeah, I'm I I didn't search him. >> I'll just do it then. 195 >> You said, "Did I do a good search?" >> Yes, go ahead and body search 1. >> 216 >> No, I said you going to do a search. >> Yeah, we're going to do a good search. I rolled the window down and told him to yell if anything comes up. The thing is is I could smell when I first got up to him, I could smell alcohol on him. Hey, bud. >> What's going on, man? >> All right. Why'd you do that? >> Like I said, man. The Marlo >> Step out. >> Yes, sir. >> These cuffs were put behind you for a reason. >> Oh, this? >> Yeah. >> This was only because like like that hurt. >> Go to the front. >> Yeah, I got you. >> I understand it hurt. But they're in front for a reason. >> Yeah. Here, I got you. >> No, sit right here. >> I ain't going to I ain't going to I ain't going >> Look look look. >> I ain't going to argue with you. Here. I'll let you unlock this one and I'll put it behind my back. Like I said, man, this hurt. But then again, y'all do that for a reason. You ain't wrong. There you go. >> I ain't wrong. Y'all do that for a reason. >> Obviously. >> I ain't going to argue with you. >> That's my bad, man. Do not do that again. >> Yes, sir. I'm sorry. >> Now, come back here. >> Yes, sir. >> Hop inside. >> I got you. Hold on. >> Cuz now that I ain't got my hands, it's a little harder. Yes, sir. I'm sorry. >> Keep your hands behind you. Do you understand me? >> Yes, sir. I apologize. >> You do that again, I'm going to charge you with resisting arrest. >> Yes, sir. >> All right. >> That's perfectly understandable. I'm sorry. >> I am putting you under arrest for driving under the influence, okay? >> Mhm. >> Here is where the constitutional analysis gets more layered. Before consenting to the search, the driver was asked directly whether there were any guns in the vehicle. He said no. Seconds later, the officer spotted a firearm between the driver's feet. That lie did not just create a moral problem. It eliminated any reasonable expectation of privacy the driver might have argued over the subsequent search. When the firearm was discovered, the officer's response was measured and legally sound. Under Graham versus Connor, 490 U.S. 386, 1989, force must be judged from the perspective of a reasonable officer at the moment of decision, not with hindsight. Handcuffing a subject who just lied about possessing a concealed weapon is not an overreaction. It is exactly what that standard anticipates. The officer made a critical distinction that many miss. He told the driver clearly, "You are being detained, not arrested." Detention requires only reasonable suspicion under Terry. Arrest requires probable cause. By keeping those two legal thresholds separate and communicating them out loud, the officer preserved procedural integrity and kept the encounter legally clean at every stage. The DUI analysis rests on three independent pillars. First, observed lane deviation crossing into oncoming traffic. Second, the driver's voluntary admission to smoking marijuana approximately 45 minutes before operating the vehicle. Third, field sobriety test performance showing multiple clues under NHTS, a standardized testing protocols. Any one of these alone warrants investigation. Together, they establish probable cause under Florida statute section 316.1923. On the implied consent issue, Florida statute section 316.1932 is unambiguous. Any person operating a motor vehicle in Florida has already consented by law to submit to a lawful breath test upon arrest for DUI. The driver initially declined, then agreed. The officer correctly cited the statute rather than coercing compliance. That distinction matters enormously if this had gone to a suppression hearing. Miranda compliance here is textbook. The officer waited until formal arrest, read the warnings, and only then asked about the firearm. Under Miranda versus Arizona, 384 US 436, 1966, and Berkemer versus McCarty, 468 US 420, 1984, that sequencing is not optional. It is constitutional bedrock. The confession that followed was legally obtained and fully admissible. The firearm charges compound quickly. Under Florida statute section 790 .23 carrying a concealed firearm without a license is a felony. Under Florida statute section 790.06, a concealed weapons license in Florida requires the applicant to be at least 21 years of age. The driver was under 21. There was no version of this situation where that firearm was legal regardless of how it was obtained. The grand theft charge follows directly from the driver's own post-Miranda statement. Under Florida statute section 812.014 theft of a firearm constitutes grand theft, a felony, regardless of the weapon's market value. The driver confirmed he opened an unlocked vehicle near Roy Street and Springdale in the early morning hours, found the firearm on the passenger seat, and took it. That is the statute satisfied by his own words. >> I'm going to ask you if you'd be willing to provide a lawful breath sample to determine its alcohol content. >> No point. I know I'm driving under the influence. I'll let you charge me that, sir. >> I'm sorry. Um Yeah, but I you're still required to provide a lawful breath sample. Okay. Okay. Um Florida statute requires you to to provide that. Will you provide a breath sample? >> Yes, sir. >> Okay. All right. Thank you, man. >> Yes, sir. >> Oh, and actually what I'm going to do real quick >> And I think so you probably do your uh >> BTO? >> BTO. >> Well, before I head down there, I'm going to I'm going to read him real quick >> Okay. >> and ask him about the gun and everything. All right, Nathan. You have the right to remain silent. All right. With that in mind, you want to talk to me? >> Uh >> So, what I'm going to ask you about is the gun, right? So, the gun's stolen? >> Right. >> All right. >> Yeah, yeah. I ain't going to lie to you. There's no point in lying. Like, y'all going to figure it out. >> Yeah, right. Exactly. >> y'all going to figure it out. >> it out, right? So, >> Y'all going to figure it out. >> Keep your feet inside. >> My bad. My bad. >> Keep your feet inside. >> My bad. >> Who'd you get the gun from? >> Uh I can't lie to you. I don't know. >> Where'd you get it? >> I uh there was one night I had um just went out. I was uh I was going at least at least 150, 200 yd from the radius. >> From where? >> Uh from uh It's called uh 4805 North 9th Avenue uh Courtyard Apartments. That's what it is. Courtyard Apartments. It was at least It was at >> When was this? >> Um two, three, four weeks ago. >> Two to four weeks ago? >> Two Yeah, yeah, yeah. Two to four. And it was late. Like, it was at least 4:35 a.m. >> Mhm. >> It was late. And I had just so happened I don't think it was exactly within the apartments. >> The gun? >> But yeah, yeah, yeah. Next to the apartments. So, I couldn't I couldn't even tell you where exactly. But I know it was close to the apartments, next to the apartments, in one of the neighborhoods. I had just opened up some of this car door and I found the gun laying right there on the passenger seat. And I wouldn't have >> it out of a car? >> I did. >> Okay. Do you know what kind of car it was? >> Uh I don't. >> Do you know what color it was? >> I don't. >> Okay. >> Like I said, it was it was literally just late at night. I just popped up in the door. And I would not have taken the gun if a lot of stuff hasn't happened hap- if a lot of stuff hasn't been happening recently. >> Yeah, I heard what you said about that. Um So, it was not at the Courtyard Apartments, but it was near the Courtyard Apartments, or it was it was at the Courtyard >> no. It wasn't at the apartments, but it was real near. >> So, the Courtyard Apartments is at 9th and what, Royce, right? >> Yeah. >> All right. From So, say from Courtyard Apartments, which direction were you did you go? >> If you pull onto the first street from Courtyard Apartments and you go onto Royce Street where there isn't no uh streets, just Royce Street, I would say it's a little bit down there and then the first left on Royce Street. >> was on Royce? >> Yeah, yeah. It was on Royce on like uh Springdale. >> So, it was on Springdale's where you found the car? >> Yeah, yeah. One of the two. It was like on Royce on Springdale. I don't know exactly which apartment pops up whenever you look it up, but it was on one of those two. >> Okay. >> And again, man, you know what I'm saying? Like, I'm not saying it was perfectly legal. I'm not saying it was perfectly right, but I'm I'm I'm just looking out for myself, man. I'm scared. >> All right. So, So, you you took the firearm out of the vehicle. >> I have. >> Okay. So, no one gave it to you? >> No. >> No one sold it to you? >> No. >> Okay. >> I would I would tell y'all exactly what I'm going to like do. >> Uh I won't say I would I wasn't knowing it was stolen just for the sole fact that so much has happened in Pensacola. I can't promise that a firearm would come back stolen or come back dirty or come back with a murder on it or come back with a robbery on it. >> But you said it you said it probably has it probably has a crime on it. What crime would it have on it? >> No, I mean, I wouldn't say it has a crime on the crime on it would have on it is the robbery. >> What robbery? >> Me taking it. >> Oh, you're saying the >> Yeah, yeah. That's probably That's probably the only crime on it if that's even reported. >> Right. >> Well, it's reported stolen from somewhere. I don't know if it's if it's reported stolen from when you took it out of the car or if it's reported stolen from before that, but it's it's stolen. >> I was about to say, I mean, and I know in gun law possessions, if it's in your possession, it's in your possession. >> I mean, yeah. >> It don't matter about none of that other >> So, is that why you were so nervous? >> A little bit. >> Is that you were shaking so damn much? >> Yeah. I was scared, man. I was scared, man. I had a gun on me. I had a gun under my seat. >> And I asked you and you told me no you didn't have one. >> I didn't just for the sole fact that if you were to have like if you didn't search the car you would in your right mind at least think like hey he didn't have a gun on him. >> And I wasn't going to pull the gun. Man, look, people that pull the gun pull on police you're stupid as hell. Because you pull the gun like sure you might get one police officer but all the mother ones are coming after >> me. >> Yeah. >> So I would never pull it on a police. I was just I was just scared. >> I just didn't want to get caught. You know what I'm saying? Like it wasn't under any circumstance of hey I'm trying to hide from police. >> you know you're not 21 you can't even have a gun. >> I do. I do unless it's unless it's gifted to me. But then again that gun wasn't gifted to me. >> if it's gifted to you you can't conceal carry a pistol if you're under 21. >> Oh. >> [screaming] >> 21 to conceal carry a pistol. >> So if I get a um pistol conceal carried to me I can't even have it in my like gun in here and mag in here? >> No, you're not 21. >> I didn't even know that. I thought it was 18 you can um be Yeah, again like I said I know I wasn't old enough to carry the gun. I was I'm I'm just scared, man. All right. I'm just scared like like there's literally teens >> All right, so real quick we'll go over this real quick. So around Roy Street in Springdale 2 to 4 weeks ago 4:35 in the morning you were walking around in the area saw a car looked inside of it saw the gun on the seat opened the car stole the gun. >> Mhm. >> All right. All right, man. I'm going to sit you back and put this seatbelt on you. We're going to go down to the station so you can do your breath test, okay? >> Yes, sir. Hey, who's Liam? >> Who's Wait, huh? Who's Liam? Wait, he's here? >> No, who is he? >> That's my father. >> Okay. >> That's my father. He's in Davenport so I would wait until the morning just cuz I know if it's 11:00 p.m. right now it's 12:00 p.m. for him. I would just wait until the morning. If y'all can, I would >> phone number for Liam. >> Okay. Here's my number. >> Y'all got my phone number, don't you? >> It's for the tow receipt. We need to put it on there so that All right, you don't know dad's number? >> I don't, but it is in my phone. If y'all want to just grab that and y'all go through it. >> Just put your number down for dad. >> All right, yes, sir. >> And uh whenever everything is gets situated, I'll give y'all the number. Am I going to have a uh call at the office? >> Not at the office. You'll get to use the jail phone. You call whoever you need. >> Cool. >> Once you get down to the jail, they'll let you call everyone. So, yeah, no, I appreciate you being so nice. I was a little upset that you lied to me about the gun. >> Yeah. >> Especially when I open the door and I see it sitting there, right? I got I got a problem with that. >> Yeah. >> But, I appreciate you being cool. Appreciate you being respectful. >> Now for the grades. Officer Back receives an A minus. The stop was constitutionally grounded. The consent search was properly obtained. Miranda was administered at the right moment after arrest before interrogation. De-escalation throughout was exceptional. The officer maintained a conversational tone under genuine tension, informed the subject of his legal status at each step, and never let the discovery of a concealed stolen weapon turn into a physical confrontation. The grade falls short of A plus on one tactical point. When the firearm was first spotted between the driver's feet, there was a brief window where the driver was partially exited from the vehicle with incomplete positional control. In encounters involving concealed weapons, that gap represents a real, if momentary, vulnerability. It does not diminish what was otherwise a strong performance, but it is worth noting. The driver, Nathan, receives a D. He drove while impaired by a controlled substance, possessed a stolen firearm he could not legally carry under any interpretation of Florida law, lied to the officer's face about the firearm's existence, and did so while it was literally within arms reach. Each of those decisions compounded the next, and the outcome, three felony level charges, was a direct result of choices he made long before this stop began. Credit is extended where it is due. After Miranda, Nathan did not lawyer up, did not stonewall, and did not fabricate a second story. He provided a detailed voluntary account that investigators can use to identify the vehicle theft victim. He did not physically resist at any point. Those factors weigh in his favor at sentencing, and the outcome, probation over incarceration, likely reflects that cooperation. Every encounter like this one carries lessons that go beyond the two people involved. This case is unusually instructive because nearly every major procedural decision on both sides is visible on camera and traceable to a specific legal standard. So, before we close, here are five takeaways worth carrying with you. Lesson one, driving behavior is evidence before you ever speak. Lane deviation and a wide turn were enough to legally justify this entire stop. Impaired driving is visible, and officers are trained to recognize it. The stop was lawful before the officer heard a single word. Lesson two, consent to search is a legal waiver, not a courtesy. When you say yes, you have surrendered your Fourth Amendment protection for that search. That decision cannot be walked back once an officer finds what you said was not there. Lesson three, lying about a firearm does not protect you. It eliminates your credibility, elevates the officer's threat level, and converts a manageable situation into one with far more serious legal exposure. In this case, the lie added a layer of culpability the truth would not have. Lesson four. Miranda rights exist for exactly this situation. Nathan waived his rights and confessed in detail. That confession was legally obtained and directly supported the grand theft charge. Invoking the right to remain silent is not guilt. It is the Constitution working exactly as designed. Lesson five. Cooperation at the right moment still matters. Nathan's respectful conduct and post-arrest candor did not erase the charges, but they almost certainly influenced a sentencing outcome that kept him out of prison. How you behave after the handcuffs go on is still part of your legal record. This case resolved with 24 months of probation, 50 hours of community service, DUI school, a 10-day vehicle impoundment, 6 months on an ignition interlock device, a 1-year license suspension, and a written letter of apology. No incarceration. That outcome reflects both the seriousness of the offenses and the weight the court placed on how the driver conducted himself once the situation was out of his hands. If you found this analysis useful, drop a comment below with any interaction or legal issue you want us to break down next. Every case we cover is chosen because it teaches something the law books do not always make obvious. Subscribe to State Current and we will see you in the next one.