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- 2026-10-22 21:33
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Okay, you're about to get kicked out of this car in about 2 seconds right now. >> Okay, I told you to roll it down so I can see because the window tent is too dark and I need to make sure there's nobody else back there. >> Okay, no problem. >> I need your license, registration, insurance, please. >> I stopped you pass past a stop bar at every stop sign. Two different stop signs. >> Your window tent is too dark and your tag is expired. So, there's three different reasons why I'm pulling you over today. >> Okay, the stop signs I don't pass. I stop. You passed past the stop bar. >> Never. >> You did. There's a white line at the stop sign. You pass past the stop bar. >> I mean, I was behind the car, so how do I do that? >> No, you weren't. You passed past the stop bar on two different stop signs. >> I didn't do that. >> Okay. >> Why you open my door? You cannot do that. >> What's that? >> Why you open my door? You cannot do that. >> I can. >> There's no reason. >> I I just told you the reason. You weren't compliant. You weren't compliant. On July 22nd, 2023 in Street John's County, Florida, a routine traffic stop escalated into an arrest, raising real questions about where officer authority ends and driver rights begin. The stop had three independent legal bases. The driver crossed the stop bar at two intersections in violation of Florida Statute Section 316.13. Her window tint measured 11% below the 28% minimum required under Florida statute section 316.2953. Her registration was also expired under section 320.07. Any single one of those is enough for a lawful stop. Having all three makes a fourth amendment challenge almost impossible to sustain. That part of this encounter is not seriously in question. Can you roll out your back window for me? >> Yeah, I am. >> Roll on your back window for me. >> Why? >> Cuz I said so. >> Roll it down. >> Roll. Yes, you do. For officer safety. >> Okay. You're about to get kicked out of this car in about 2 seconds. >> I'm doing it like right now. >> Okay. I told you to roll it down so I can see because the window tent is too dark and I need to make sure there's nobody else back there. >> Okay. No problem. I need your license, registration, insurance, please. >> I stopped you pass a stop bar at every stop sign. Two different stop signs. >> Your window tent is too dark and your tag is expired. So, there's three different reasons why I'm pulling you over today. >> Okay. The stop signs I don't pass. I stopped. >> You passed past the stop bar. >> Never. >> You did. There's a white line at the stop sign. You pass past the stop bar. >> I mean, I was behind the car, so how do I do that? >> No, you weren't. You pass the stop bar on two different stop sign zones. >> I didn't do that. >> Okay. >> Why you open my door? You cannot do that. >> What's that? >> Why you open my door? You cannot do that. >> I can. >> There's no reason. >> I I just told you the reason you weren't compliant. You weren't compliant. Yes. You weren't compliant. And you were refusing to roll down your back window so that I could approach you. >> I can refuse >> safely. So that I could approach you safely. >> Because my safe I can I can refuse about that. >> No, you cannot. I cannot. >> You cannot. >> You cannot. >> Okay. Just go and see. >> Okay. We will see. >> No. >> And everything is on camera. Just so you know, you are being recorded. >> License, please. >> License. License. >> Looking for the insurance. >> I said your license first. >> And insurance. >> License first. Corporal heads of St. Jones County Sheriff's Office. >> Your name? >> Corporal Hetsler. St. John's County Sheriff's Office. >> First 414. >> Can I look for the insurance number? >> 65427. My number. >> Also, if you have one unit code one, please. >> Okay. I need to get in my phone cuz I don't have any papers. I don't see 104. >> You have the registration? >> No. >> You don't have the registration? >> Why not? >> I don't know. I don't have it here. I need >> Okay. Is there any weapons in the car? >> And a different wallet. >> Okay. Do you have any weapons inside the vehicle? >> Nothing. >> Nothing. Okay, hang tight just a second. Pull your window right about here. All right, stop. Window ts out 11% in the state of Florida. Has to be 25 or higher. Okay. All right, man. Here's your uh insurance and your driver's license. Okay. Today, I went ahead and issued you four different citations. Okay. First uh citation um is going to be for running the stop sign. You did You stopped past the stop bar, the stop bar. >> Okay. So, you can fight that in court. All the instructions are right here on the back. You have 30 days to pay the fine. That's your first citation. >> Don't. Next citation is for a failure to provide your registration. Okay. >> So, you say you can open my door just like that. >> Correct. You were non-compliant. You weren't listening to commands. Your window's too dark for me to see you in the back. And I for me to safely approach this vehicle. I need to make sure there wasn't anybody else in the back of the vehicle. >> There's your second citation. >> You didn't just ask me. >> I did ask you. >> You don't ask me if I got more people in my car. >> It doesn't matter. I need to be able to see with my own eyes. Next citation is uh your registration's expired. Okay. You have 30 days to pay that. Same thing as every the other two citations. And your window tent 11% in state of Florida. Like I told you, that's 325. The contested moment is the door. The officer requested the rear window be rolled down before approaching, citing the 11% tint. The driver refused. The officer physically opened the door. That action sits in unsettled legal territory. Pennsylvania versus Mims. 434US1061 1977 holds that officers may order a driver out of a stopped vehicle for safety reasons without additional justification. Mims says nothing about opening the door over a refusal. United States versus Stanfield 109F3R 976 Fourth Circuit 1997 held that a driver's refusal to comply with a safety directive combined with a credible concern about unseen rear occupants can justify physically opening the door. Stanfield is fourth circuit president. Florida sits in the 11th circuit which has not issued a binding ruling on this specific question. Defensible under Stanfield? Yes. Fully settled in Florida? No. Graham versus Connor. 490 US 3861 1989 requires any officer action be assessed from the perspective of a reasonable officer at the scene. Not through hindsight. Given the tint level and the unknown rear compartment, the door opening passes that test narrowly. where she ran it. >> She ran it. >> Ran the stop sign that vehicle her citations and then she took off. Recklessly, I'm trying to catch back up to the vehicle. Pull her over again. >> Turn your vehicle off. Turn your vehicle off. You're driving recklessly now. It's criminal. Turn it out. >> I drive. >> I'm going to break your window. You got You got 3 seconds or I'm going to break your window. >> Roll down your window. >> Roll down your window now. Roll down your window now. >> Get out of the vehicle. >> Turn off the car. Turn off the car. >> Get out of the vehicle. >> Don't do that. >> Get out of the vehicle. >> You don't have to do this. >> Turn around. All right. Make sure this way for me. You got any weapons on you? Anything? Any guns? Knives? >> You cannot search my car. >> Hey, you cannot search my car. >> Huh? >> You cannot search my car. >> Uh, Alex, I'm going to do an inventory. >> Is she going? >> Yeah, she's going for retro driving and resisting miles. I got a >> 41 sent me off something. I'll get it from the screen. >> Just put her in Dave. David can take her. >> Hey, you could just 10 five her there and I'll send I'll I'll send my 707 to the jail. >> I'll do the I'll do the inventory. >> All right. >> First, make sure there's like no drugs or anything. >> What side do you want? Uh this front side right here. >> Well, let's try it. You still got to paddle down, right? >> Yeah. Let's >> side. >> Yeah, other side is fine. >> Right here. Stace the car for me. >> Can I make a call? >> Not right now. When you get to the jail, you can. >> But I need it right now cuz my >> I got >> I guess you should have thought about that before you know you started driving right. >> But I It's okay. I I just I just dry on the limit. >> H >> I don't dry over the limit. >> I dry on the limit. Under the limit. >> You got anything in your bra? >> No. >> Just just make it go to my shower. my kids and and my brother know that I'm leaving together and that's it. That's all I ask. It's only for my kids. Okay. Let me let me tell them that I'm going again so they know that I'm not coming back. Can I do that? >> Spread your legs for me. >> Say what? >> Spread your legs for me like this. >> Yep. Okay. >> Have a seat in the vehicle. Hey, listen. I'm going to let you call the the RO of this vehicle and see if they want to come get it. That way it don't get told. >> The owner. >> The Yeah, the registered owner. Who is that? >> It have to be the owner. >> Yeah, it's got to be We have to release to the registered owner. >> Um I can call my brother, but the owner is mine. That car is mine. Yeah, but it's in somebody else's name. >> Yeah, but he's in jail. He's my husband. >> He's in jail? >> Yeah. >> But why they searching my car, too? I say I don't want to. They search. >> Well, incident to arrest. Incident to arrest. It can be inventory. >> But they arrest they arrest because they they stop me because they going to die. It It doesn't mean they can search. >> Well, incident incident to arrest. When we're doing an inventory, we have to inventory because it can get towed. So that's why we're giving you the option to >> But but can I call them my brother? He can figure out because the insurance is by his name too. >> The insurance is my name and my brother name. >> I I can see. I don't I don't I normally we have to release it to the RO the registered owner of the vehicle. >> If we can't get in contact with the registered owner of the vehicle, we have to tow it. >> Okay. >> But but >> but you're saying he's in jail? >> Yeah, he's in jail and I mean they >> Where is that at? >> Right here. >> He's in St. St. John's County Jail. >> Yeah. >> All right. Stand by. >> Who's in jail? >> She said Rich was in jail, >> but it's best it's best if you do it that way anyway because to arrest better for the >> Yeah. Search. >> Yeah. Um I'm just going to Oh, yeah. I'm going to tow I'm going to tow it. So, I'm doing the tow sheet right now. You could just tend Fiverr over there to the jail and then I'll just tell the jail that I'm emailing them the 707. >> The reckless driving charge under Florida statute section 316.192 requires willful or wanting disregard for the safety of persons or property. After receiving four citations, the driver left and immediately ran another stop sign in front of the officer. That sequence is exactly the conduct Florida courts have found sufficient for reckless driving. Leaving an active enforcement contact and committing a visible moving violation immediately after is not a gray area. The criminal characterization was legally defensible. The resisting charge under Florida statute section 843.02 requires active obstruction, not passive refusal alone. Whether the initial window refusal meets that threshold is genuinely debatable. The conduct after the second stop is the stronger legal ground for that charge. On the inventory search, Colorado versus Bertine 479US 367 1987 permits inventory searches of impounded vehicles when conducted under standardized policy, not as investigative pretext. The officer cited inventory that framing matters legally. Corporal Hetsler receives a B minus. The stop was legally grounded. The citations were proper and force stayed at soft empty hand control throughout. The deduction is for communication. When asked why the window needed to be rolled down, the officer said, quote, "Because I said so." That is not a legal basis. A clear statement of officer safety and visibility concerns would have been more accurate, more defensible in court, and more likely to resolve the refusal without escalation. The driver receives a C++. She had every legal right to contest those four citations in court. Instead, she left the stop, ran a stop sign on camera, and converted a ticket dispute into a criminal arrest. The court sentenced her to 6 months of probation, 25 hours of community service, an 8-hour driver improvement course, and a written letter of apology to the officer. Every one of those consequences followed directly from the decision to drive away. This stop illustrates five specific lessons, not general advice, but conclusions drawn directly from what the law required and what happened in this case when those requirements were not met. First, stacked violations build a stacked legal foundation. When an officer can articulate three separate statutory bases, each independently sufficient, there is almost no viable fourth amendment challenge to the stop itself. Second, officer safety directives during a lawful stop carry real weight. Refusing to comply with a window down request when rear visibility is genuinely compromised does not put you on strong legal ground. Courts have sided with officers on this repeatedly. Third, the roadside is not the right place to argue citations. Contesting a ticket verbally at the scene changes nothing legally. The courtroom is where that argument belongs and it was fully available to this driver. Fourth, legal exposure does not end when the stop ends. Driving away from an active enforcement contact and committing a visible violation is not an assertion of rights. It is evidence of a new crime. Fifth, for officers, communication is a legal instrument. Stating, "I cannot see into the rear compartment through this tint and need to verify occupants," is an articulable safety basis. Saying, "Because I said so," is not. That distinction can determine whether an action survives Fourth Amendment scrutiny. If this breakdown helped clarify how the law applies in real traffic stops, subscribe to our channel for more in-depth legal analysis. Drop the cases or topics you want us to cover next in the comments below.
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