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- 2026-10-22 21:35
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Hey, ma'am. >> What? >> Stop. Hey, you're going to stop or you're going to jail right now. >> I'm not. >> Yes, you are. Stop. Walk over here. Let's go. >> That's not my car, SO NO. NO. That's not my car. It's not Stop. Stop. Stop grabbing me. You literally don't even know what you're talking about. It's not even my car. Stop grabbing me. It's not even my car. It's not even my car. It's not even my car. >> Stop right now. >> On July 31st, 2024, at a strip mall in Florida, a minor parking lot crash escalated into a criminal arrest, and the law was what drove every decision made that day. >> My car, and she opens the passenger door to my car. >> Okay. >> And I said, "Hey, what are you doing?" >> And that part of that up there? >> Okay. >> I said, "Hey, what are you doing?" And she started yelling at me. She's going to beat my and >> Okay. Will you get your license, registration, and insurance? >> Sure. >> Um and I'll even though she's being vulgar and stuff, they still have y'all take pictures of each other's and then have to go through insurance. Um since it's not like a big crash or nothing, we don't really But I'll get y'all to get each other's info. >> Yes, sir. Whatever you're involved with is involved with this car. >> Yeah. >> She only drives down my store. Uh one of them was teaching her how to drive. >> Yeah, that's why I called you, too. >> Okay. Yeah, that's with that car. Yeah. >> Okay. Well, I just want to leave. >> So, I'll come in and talk with them in a second. If you would get that for me. >> I sure will. >> Yes, sir. >> There's a man fell down on the ground over here. >> Jesus. What's that? What's going on? >> Lots of my thing. I'm just letting you know. >> No, I'm not. >> you're busy. I'm sorry. But there's some old man over there. >> There's people attending them. >> Right on the other side of the >> On the building? >> No, he's literally on the ground there. See him? >> On 69, one small. Unknown issue. Can you have EMS en route for a elderly man down in front of Petco? >> We have We actually have an officer right here in this drive. >> Hey, sir. Hey, sir. Um So, come >> He is making noises, but he hasn't been very really responsive yet. He hit his head pretty hard on the >> The officer is asking him questions now. We're trying to >> Sir. Sir. Hey, you fell over. What's going on? Sir. >> Yes, he He is breathing. He's going in and out. >> Fell over. What's going on? >> Can I just pull his eyes again? Yeah, he has blood in his nose. >> He hit his head. >> And and and it looks like he's bleeding in his head, too. Looks like he hit He hit his head. >> I think he was carrying >> Can you just hang out with him cuz they're being rowdy over there. I'll be I'll be right back to you. Is that them? >> Yes, sir. Yeah, the one The sir is the one that was making all the >> Okay. >> Yeah, there they are right over there. >> 169 10-5. 28 29 Alabama. 66 5 Bravo Delta 6. Hey, ma'am. Hey, ma'am. Stop. Hey, you're going to stop or you're going to JAIL RIGHT NOW. YES, you are. Stop. Walk over here. Let's go. >> That's not my car, so no. NO. That's not my car. STOP. THAT'S NOT MY CAR. Stop grabbing me. That's not even my car. Stop grabbing me. That's not even my car. That's not even my car. That's not even my car. >> Stop right now. Stop. I'll go watch the camera. If you get out of the car, you're going to jail. Back up. Back up. Let's go. Stay there. Oh, I thought it wasn't your car. How are you GETTING IN? OKAY. YES, YOU DID. YOU RESISTED. I TOLD YOU DON'T I WANT DON'T PUT IT OUT. I WANT DON'T PUT IT OUT. I GIVE YOU DON'T I JUST I DON'T I DON'T I I KNOW I I HOLD ON. OKAY. OKAY. HOLD WAIT. DAMN. ONCE STAY SEATED. FIRE department's going to check you out, okay, James? What are y'all doing? >> We just came here. We off the next day. We came to get some ice. >> Y'all going to pull on this random car handle so you look like you're not involved with this one and then go walking away while I'm right next to it. >> We want to know if we want no blood no burglary. >> Okay. Whoever's driving this car is going to jail. Okay? So whoever was driving when y'all hit this lady and walked away, cussed her up and down, there's cameras right here. Y'all aren't Y'all aren't slick, okay? So when I go check those cameras, whoever's driving this car is going to jail. Step out of the car. >> Whose car? >> Sit on the front of the hood. >> Can I start her car? >> No. I thought it was your car. >> NO, MY CAR'S STILL AT THE JOB. >> LET ME see the keys. >> CAN I START HER CAR? >> I'VE ONE detained in the car. >> Oh. >> She's not free to leave either. Uh they both tried to walk away and I told them not to. So whoever is driving, I'm going to go check the cameras, is going to jail for the hit and run because they tried to WALK AWAY. >> HIT WHAT? >> OKAY. >> HIT THIS LADY. >> I don't EVEN KNOW. >> WHAT? >> I REALLY HAVEN'T EVEN DONE ANYTHING. I haven't give you no issues. I haven't done anything. >> How you haven't given me no issues? >> I'M MAMA, HEAVEN. I GIVE you everything. I haven't any issues. >> Put your hands behind your back. >> Okay. So, behind my back? >> Yep. >> Okay. What's I'm going to do? Just cross them or >> Ridiculous. >> I haven't given you any issues. >> You did. Y'ALL GOT >> HOW? I want to say THAT HONESTLY IS LYING to me. How? >> Y'all got to point on the random door handle, look like you're not involved, then walk away and I tell you to stop. >> OH MY MAMA, I CAN'T CONTROL WHAT SHE DO. I can only control what I do. >> You're physically resisting me while you're walking >> Friends, I can only control what I do. >> You have a camera RIGHT THERE. >> LOOK, I CAN ONLY CONTROL WHAT I DO, FRIENDS. I CAN'T CONTROL WHAT SHE DO. >> You're under arrest. Careful. Yeah, she's going to jail. I'll be back. Hey, sir. >> Yes, sir. >> Your video camera right here, can I look at it? Please. >> I PURPOSELY [screaming] DIDN'T DO THAT. I PURPOSELY DIDN'T EVEN do nothing. >> [music] >> Probably a little more back cuz it's when they first got here. So, maybe 5:40. >> Gina, there's a camera, so be honest, were you driving the car? >> I don't know. >> How How do you not know if you were driving the car? >> I was ready to go. I'm tired. I'm I'm mentally drained. Like, I don't I don't >> Okay, so were you driving the car? >> I'm driving >> Okay, so I'm not yet. >> I don't know. >> Let me um if you don't mind, let me go get my work phone to record this real quick, and I'll come right back, okay? >> I was driving. Okay. I was. Now that I think about it, I was driving. But I said I can I can deal with that. I don't I don't care. >> Well, why didn't you Why didn't you Why didn't you stay? You can just lie your information. >> in there and I came back. >> That's not how it works. You got to refresh. You got to stay at the scene. >> Okay, well, who was driving? WHO WAS DRIVING? >> SHE SAID SHE WAS DRIVING. >> WHAT IF I WASN'T DRIVING? I DON'T KNOW. >> The video is crystal clear. >> Sir? >> I'm recording and recording IT. >> I WAS DRIVING. >> HER? I don't know yet. >> I DON'T KNOW. I WASN'T EVEN DRIVING. I DON'T KNOW. >> CALL 911. >> MA'AM, YOU SAID IT WAS YOU. NOW YOU'RE saying you don't know. >> Okay, okay. >> It's on video, so you don't have to worry. I'll have you on video. And then if you were the one that was driving >> What if I WASN'T DRIVING THE CAR? >> SO, you're You're telling me those ladies came in here [music] and they were just yelling and uh >> What? Yeah, right right before you hooked up one of them was yelling in here. I said, "Hey, y'all being too loud." And she just went nuts and said, "You need to leave." So, we've been here 10 minutes. We're not getting loud. So, what are you doing right now? >> I love customer service. Yeah, they're both probably going to jail. >> The keys. >> They might be >> Okay, yeah. >> Thank you. Thank you. >> Yeah, they're both probably going to jail. >> What's that hurt like? I'm I'm I'm sorry. >> So, whose car is it? >> It is her car. It is her car. >> So, why were Why were you driving her? >> Cuz we leaving work. We getting off. Like We not thinking about no no accident. You know what I'm saying? Like we not thinking about that. Trying to go home, have have a a glass of wine. We ain't We ain't thinking about that. We're not thinking about that. We already had a We already had a rough day. A a rough day. >> How was your day rough? >> What do you mean OUR DAY WAS ROUGH? WE WORK WITH OLD PEOPLE. >> OKAY. >> WHAT DO YOU MEAN OKAY? >> HOW was your day rough? >> HOW? HERE, EXPLAIN IT TO ME. EXPLAIN TO ME. Every 30 minutes I got to take 159 to the bathroom. Then we got our charge nurse taking us Hey, hey, hey, she don't even know our names. Hey, hey, hey, hey, hey, that's how she addresses us. Hey, hey, hey, hey, hey. Like it it it's a lot. >> You're talking. Cool. Uh Well, the other lady ain't going to jail. This lady in the blue is. So. Um If I need to get the rest of the video, I'll get somebody to come get it at some point. If we bring a thumb drive, can we just >> Yeah, just let us know. We may have stuff like that. We may have to go get to our LP just to get the >> Okay. All right. Thank you, sir. Ma'am, did we get your name? >> Janay. >> Okay. So, you're involved in a crash that I'm now required to do a crash report on. So, you have to identify yourself. >> Janay. >> Okay. Here's your key back. She's the passenger. She's the driver. So. >> the driver? >> Her. >> All right. >> How do you spell Janay? >> J H Why you shaking? >> Huh? >> Why you shaking? >> Cuz I just fought your friend. >> H Calm down. H A N E E >> Whose car is this actually? >> It's in her name. >> Okay. >> So, what's up? >> What's the problem? What's going on? >> I'm saying I JUST WANT TO TAKE ME HOME. WHY CAN'T TAKE HER HOME? WHY CAN'T take her home? >> She said Janay can take it. What's up? Waiting to see if her license is valid and stuff like that. >> Yeah, my license valid. Warrant. >> What up? So, what's up? >> She's going to jail on a warrant. >> Why? >> Whenever I told y'all to stop, y'all were walking away. She was physically resisting me trying to put her in handcuffs. She did not report. >> You know what? >> Having an attitude you're not going to take the car. We're going to tow it. You do have an attitude. We're towing it. >> You know what, ma'am? No, that's it. >> You do have an attitude. We're towing it. We'll tow it. You can find another way to get home. >> I'll pay for that. I ain't tripping on that. >> You You can find Go and find another way you're going to get home. >> She knows it's right there at the truck. >> Okay. >> I ain't tripping on that. I'm going to get home. I'm going to get home. The car's here. >> Okay, you're not free to leave yet. >> So, what's up? >> I'm waiting to see if you have a warrant or if your license good. You're not taking the car home. >> MY LICENSE IS GOOD. >> OKAY. >> Just don't work with me, baby. >> Well, this attitude you have don't work in general. You do have an attitude. You do have an attitude. Okay. You should learn how to respect some people in life. >> I was about to kiss y'all ass. >> I'm getting a tow truck out for you, ma'am. Okay? Hey, you're not taking the car, ma'am. >> I'm going to get it towed. I don't >> I'm towing the car. I'm towing THE CAR. OKAY, YOU'RE FREE to leave, ma'am. Your friend's going to jail and I'm towing her car. Do you have any questions? Resisting arrest without violence and hit and run. So, you're free to leave, ma'am. You can stop talking to her. You can leave. Okay, have a nice day. >> You have a nice day. >> Don't go in this car. >> Why? >> I told you not to. Don't go in this car. >> Did I open the door? >> Leave. >> Did I open the door? >> Leave. >> Did I open the door? >> I got other stuff to do You're now and you're directly in the middle of it. If you don't leave, I'm going to arrest you, too. >> Ain't no >> Anyway, that's how I'm going to get your car. >> Yeah, you can leave. Have a nice day. So, the lady in blue was driving like you said. She's going to jail for hit and run. BR5 and on UV. 161 Huntsville. I think she's on something. >> Probably is. >> Do you hear him? I think she's on something. She's drunk already. Oh, yeah. That's what it is, Levan. She's drunk. >> That ain't got nothing to do with me, please. Give me an alcohol TEST RIGHT NOW, PLEASE. OH, PLEASE. YOU CAN GIVE ME AN alcohol test right now, PLEASE. THAT GOT EVERYTHING TO DO WITH HER. WHY I got to get penalized, please? >> [laughter] >> Please. Sir, I'm begging you, please. I'll stand in line right now, please. >> [laughter] >> Please, I got nothing to do with that, please. I'LL STAND IN ONE LINE right now, I SWEAR TO GOD, PLEASE. >> I didn't know she WAS RESISTING. >> PLEASE, I'LL STAND in one line right now, please. >> It wasn't. >> PLEASE, I'LL STAND IN ONE LINE RIGHT NOW, PLEASE. >> LIKE WE WEREN'T like just fighting or anything, but it's like, "Hey, stop." And they're walking away and then she was pulling away from me putting their handcuffs on. >> I'll stand in one line right NOW, PLEASE. I HAD NOTHING TO DO WITH ME JUST CUZ SHE GOT DRUNK, PLEASE. >> [laughter] >> I promise. I'M NOT GOING I'M NOT GOING TO DO IT AGAIN. [laughter] I PROMISE. >> FLORIDA statute section 316.061 requires any driver involved in a property damage crash to remain at the scene and exchange identifying information. Leaving before that happens is a second-degree misdemeanor, regardless of how minor the damage was. Under Terry V. Ohio 392 US 1 1968 an officer responding to a crash has legal authority to detain every person connected to that scene until the investigation is complete. That authority existed the moment this officer arrived. Under Hiibel V. Sixth Judicial District Court 542 US 177 2004 a lawfully detained person must identify themselves when asked. That obligation applies to drivers and passengers alike at any crash scene. Florida statute section 843.02 defines resisting an officer without violence as obstructing or opposing an officer during the lawful execution of a legal duty. The word that carries the most weight in that statute is lawful. Every detention order at this scene was lawful. Walking away from a lawful stop order satisfies the obstruct element of the statute. Physically pulling away during handcuffing satisfies the resist element. Both acts were documented on body camera and corroborated by store surveillance footage. The evidentiary foundation for both charges was strong. The subject's statements about who was driving were contradictory. She denied knowledge, then appeared to admit it, then retracted. Under Florida evidentiary standards, inconsistent statements on a material fact are admissible and are treated as evidence of consciousness of guilt. That pattern made her legal position significantly weaker. On the use of force, Graham v. Connor, 490 U.S. 386 1989, requires force to be evaluated under an objective reasonableness standard from the perspective of a reasonable officer at the moment of the decision. The officer used a physical grip and manual restraint. No weapon, no strikes. That is proportional to active resistance during a lawful arrest. One issue worth flagging is the DUI question. One officer verbalized a suspicion that the subject may have been intoxicated. If that suspicion had a reasonable basis, Florida law provided tools to investigate it. That investigation did not appear to happen, which represents a potential charge that was identified but not pursued. The case outcome, as disclosed directly in the footage, was a pretrial diversion program. This is not an acquittal. Under Florida's diversion framework, successful completion results in charge dismissal, but the charges themselves must be legally sufficient to be filed. Both charges here were. The companion was not charged. Her license was valid and she had no outstanding warrants. However, Florida statute section 843.02 can reach verbal conduct that obstructs an officer managing an active arrest even without physical contact. Her sustained provocation during the handcuffing sequence came closer to that line than she likely understood. Now to the grades. The responding officer receives a B+. He correctly applied the hit-and-run statute and the resisting statute. He issued clear verbal warnings before physical contact. He secured independent corroborating evidence from the store's surveillance system, and he managed a simultaneous medical emergency without abandoning the primary scene. The grade is not an A because the DUI suspicion was verbalized between officers, but never formally investigated. A verbalized suspicion that is not pursued creates a gap in the record. If the subject had in fact been impaired, that was a chargeable offense that was left on the table. The subject who was arrested receives a C. The hit-and-run happened. The resisting happened. The inconsistent statements happened. She did not use violence against the officer, which is the only reason this grade is not lower. Every charge filed against her was legally grounded in her own documented conduct. The companion receives a B-. She was not charged and should not have been, but she created unnecessary legal exposure through sustained verbal provocation during an active arrest and then attempted to access a vehicle connected to an active criminal investigation after being told not to. Both were avoidable. This footage carries five lessons that apply far beyond this specific case. Each one comes directly from what the law actually required of the people on that scene, not from opinion or speculation. Lesson one. Leaving a crash scene is a crime, not an option. Florida statute section 316.061 does not include an exception for minor damage, for being in a hurry, or for being upset. Staying and exchanging information takes 5 minutes. A misdemeanor takes months to resolve. Lesson two. Walking away from a lawful detention order converts a civil matter into a criminal one. Under Terry V. Ohio, the officer had the authority to hold everyone at that scene. Choosing to walk created the resisting charge. That charge did not exist until that choice was made. Lesson three, inconsistent statements are evidence. The Fifth Amendment gives you the right to say nothing. It does not protect you from the consequences of saying something that contradicts itself. Once contradictory statements enter the record, they stay there and prosecutors know exactly what to do with them. Lesson four, if you are not being arrested, step back and stay quiet. The companion was lawfully released. Her continued verbal escalation and her attempt to access the towed vehicle accomplished nothing legally and created real risk. Distance and silence were the right call. She did not take them soon enough. Lesson five, requesting a sobriety test when you are confident you are sober is a legitimate legal move. The subject asked for an alcohol test on record. If that test had been administered and came back negative, it would have been documented exculpatory evidence. Knowing when to assert a right rather than waving it matters. What this case ultimately demonstrates is how a property damage crash, the lowest level of motor vehicle incident under Florida law, became a criminal matter involving an arrest, two charges, and a diversion program. None of that was inevitable. It was a sequence of choices, each one making the next one worse. The law does not evaluate intent. It evaluates conduct. Whether someone meant to leave the scene or meant to pull away from an officer does not factor into the charging analysis. What factors in is what the body camera recorded. That is always worth remembering before any decision gets made on scene. There is also a broader point here about how encounters like this one develop. The original call was a minor crash. By the time it ended, there was an arrest, a tow, a diversion program, and a criminal record for a first-time offender. The law created a path out of every one of those outcomes. None of the paths were taken. If this analysis was useful to you, leave a comment with the interaction or legal topic you want us to cover next. Give the video a thumbs up if you learned something, and subscribe to our channel for more legal breakdowns of real police encounters. We analyze what the law actually says and what it means for everyone involved.
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