We're not touching you. I said step out of the car. >> Touching my car. I'm not trying to over talk. Go ahead. I'm exchanging information and communicating. >> Third time. Get out of the car. >> I'm getting out of the car. I look to my side until I'm holding my door. I address that. I'm not being difficult. Hands are up. My lights are on. >> Step out of the car and stop talking. >> Stop. Just stop coming out of my car. >> Just come out. >> Just come out. >> Simple. Your car is going to be searched. >> We're going to detain you if trans your vehicle. Your car is going to be searched. >> Hey, hey, hey, hey, hey, wait, wait. I'm not resisting. >> I'm not resisting. Let me turn around. I will turn around. Hey, hey, hey. Hands behind your back. I'm trying. CAN YOU TALK TO YOUR Turn around? Talk to your I don't have a problem. I don't have a problem turning around. Tell your partner to stop being hands behind your back and turn around. >> Oh my god. >> It's simple. It's simple. All right. >> What you doing the most for? We're working on you right now. We're telling you what you do, right? Me, too. >> Right. So, why is your partner being unnecessary? Do >> whatever. You're not doing what we tell you to do. >> RESIST. >> I'M IT'S NOT A RESISTANCE. It's I'm asking for clarity. Now, you're asking. >> I'm asking for clarity. Right. >> Talking to you right now. >> Right. I'm talking to you. >> Okay. But do what we're telling you. >> Again, hold on. You ask or you're when you tell me. >> What are we telling you to do? >> If you tell me to do, you're not asking me. >> Tell you five time to do. >> If you're telling me, you're not asking. It's not a request. Right. >> I gave you a lawful order. You get out of the car. That's like four times. >> Then I put your hands behind your back. You pull away. >> Like seriously. >> On February 5th, 2023, a traffic stop over a suspended license escalated into a physical arrest with charges that included resisting without violence and a marijuana citation. Every decision that led there is on body camera. The stop itself was legally solid. The fourth amendment requires reasonable articulable suspicion. A standard confirmed in Delaware versus Prowse 440US 648 1979. A confirmed suspended license satisfies that without question. >> Hey Grace, I'm stopping you. You got a suspended driver's license. You're the register under the car. >> Sorry, what? Oh, >> no. You're the registered owner, right? >> Yeah. Yeah. You got a suspended license and the registration on the car is expired as well or suspended. >> No, no, no. It's 2024. It's suspended though for financial responsibility. >> Six copies. >> Does your Does your window not roll down? Okay, if that's what you want to do. >> Typically, people roll the windows down and we don't have to do this. Do you mind rolling the window down? >> I mean, kind of. I mean, we have access to >> Well, you are being That's fine. I I'll take your driver's license and your registration, please. >> He is refusing to roll the windows down. He's making me talk to him through the sunroof. Whatever. He has a joint in the center there. I can see I can smell marijuana. I'm going to ask you for his marijuana card. If he does not have one, I'm going to pull him out of the car. We'll see if he exits it freely. Okay. And then do you have a medical marijuana card for the joint on your center there in front of your shifter? Yeah. Okay. Hand me it cuz I can smell marijuana coming out of the car. Hand me that, sir. Okay, sir. At this point, I'm going to make give you a lawful order to step out of your car. Step out of your car. >> No problem. >> Okay. No, you're fine. >> I'm being escorted out of the car. >> We're not touching you. I said step out of the car. >> Touching my car. I'm not trying to over talk. Go ahead. I'm exchanging information and communicating. >> Third time. Get out of the car. >> I'm getting out of the car. I look to my side and saw him holding my door. I address that. I'm not being difficult. Hands are up. My lights are on. >> Step out of the car and stop talking. >> Stop. Just stop. Stop coming out of my car. >> Just come out. >> Stop. >> Just come out. >> Simple. >> Your car is going to be freeze the vehicle. We're going to detain you if trans your face is going to be searched. Hey, hey, hey, hey, hey, wait, wait. I'm not resisting. I'm not resisting. Let me turn around. I will turn around. >> Hey, hey, hey. I'm hands behind you. I'm trying. Can you talk to your partner? Turn around. Talk to your I don't have a problem. I don't have a problem turning around. Tell your partner stop being hands behind your back. Turn around. >> Oh my god. >> It's simple. It's simple. All right. >> What you doing the most for? >> We're working on you right now. We're telling you what you do, right? Me, too. >> Right. So, why is your partner being unnecessary? I'll do whatever. >> You're not listening. Doing what we're telling you to do. >> Don't resist. >> I'm It's not a resistance. I'm asking for clarity. Now, you're >> I'm asking for clarity. Right. >> Talking to you right now, >> right? I'm talking to you. >> Okay. But do what we're telling you. >> Hold on. You ask or you're when you tell me we're telling you to do. >> If you tell me to do, you're not asking. >> Tell you five times to do. >> If you're telling me you're not asking, it's not a request, right? >> I gave you a lawful order. Get out of the car. put like four times. Then I put your transplant on your back. You pull away. >> You're under arrest. >> Like seriously, >> you're under arrest. >> Where's the resistance? There was no resistance. >> When I grabbed your wrist and I put it on your back and you [ __ ] pull away, you're done. You're resisted. You're done. >> You're under arrest. I'm going to search you now. It's a done deal. What you did was really silly and stupid. >> It's all on body camera. You want to show your attorney this? >> We have to tell you the same. >> The exit order the officer issued is fully supported by Pennsylvania versus Mims. 434US 106 1977. The Supreme Court held that during a lawful traffic stop, an officer may order the driver out of the vehicle. No further justification required. Before that exit order, the officer observed a marijuana joint in plain view on the center console and detected its odor under the plain view doctrine from Kulage versus New Hampshire 403 US443 1971. That observation alone established probable cause to search the vehicle. The driver did not produce a medical marijuana card when asked, which is the legal authorization under Florida statute section 381 986. Without it, the marijuana evidence supported both a citation and a full vehicle search under United States versus Ross 456US798 1982. The resisting charge is the most contested issue in this case. Florida Statute Section 843 02 requires an affirmative act that obstructs or opposes a lawful police function. Passive non-compliance alone does not meet that bar. The dispute here is whether a wrist pull away during handcuffing qualifies as that affirmative act. The officer described it as a deliberate pullaway. The driver said it was a reflexive movement while trying to cooperate. Both accounts are preserved on body camera and that footage is the central exhibit if this charge reaches trial. Courts are built to resolve exactly this kind of dispute. The physical force used during the exit is evaluated under Graham versus Connor 490 US 386 1989. Reason is judged from the officer's perspective at the moment of the decision, not in hindsight. That standard protects officers who act on what they reasonably perceive, not what the subject intended. The decision to arrest rather than sight for driving on a suspended license is backed by Atwater versus City of Lago Vista. 532US 318 2001. The Fourth Amendment does not prohibit a custodial arrest for a misdemeanor traffic offense in Florida. That charge carries up to one year under Florida statute section 32234. The officer also noted no active insurance under Florida statute section 324071 and offered to contact the insurance company directly to avoid an additional citation. The driver declined. That charge will likely be dismissed in court if valid coverage existed at the time of the stop. But declining the offer made that the harder path. >> That's fine. >> There was no problem. Hey guys, I'll move your car in a second. Okay, >> the door. >> I'll move this in just a second for you. >> Open the door for you. >> Say that again. >> I was trying to open the door. >> And that's what I was addressing cuz then we told you four more times to get out of the vehicle and you kept arguing with us if you want to come out or not. >> Hey, there was no debate. I just asked talk to me. You want to talk to me? >> Talk to me. Talk at me. >> Is a respectfully a difference, right? >> I can talk to you and do >> talk to me or talk at me. There's a difference. Yes or no? >> I'm just asking Officer Rodriguez, I'm asking you a question. Yeah, >> I'm already in cuffs. >> You already decided I'm going to jail. There's No, I'm talking to you, right? I'm not talking at you. >> All right, go ahead. >> Is there respect? Is there respected difference? Yes or no? >> Talking is talking. We >> When you pull away from us, that's resistance. Take a seat. >> Take a seat. >> All right. >> Yeah. You got a more comfortable car? >> No. I'm sorry. That's what we got. >> Yeah. Yeah. Hold on, puppy. Hold on. Hold on. Hold on. Let me >> I'll give you a chance. >> All right. All right. All right. We're going to have to shut the door. All right. >> Beauty. >> I wanted to make sure to get that joint before um into a bag before it blew away. I'm red, just so you know. Flashlight. Nothing. All right. Otherwise, I don't really see. >> Say, sir, we're going to bring your keys and your phone for you. Is there anything else you need out of the car? >> Leave my phone in my car. >> You want it impounded? Because it's going to go to Edmond's lot. It can stay in your property at the jail. >> I'm not going to go through it. It'll be in your in view right here. Where's >> my phone? Huh? Can I use my phone in my >> No, no, no, no. You're under arrest. You can call when you get to the jail. should send a backup. >> All right. My keys can stay in the car. >> Your keys? >> Yeah. >> You're personal. >> Yeah. >> All right. All right. You want your phone, though, to come with so you can get numbers out of jail? >> Sure. >> Okay. All right. Do you have any questions, man, about the process at the traffic stop or no? >> You said I could have just been let go for $100 ticket happening on a driving on a suspended license, and that's what you stopped me for. That was your probable cause? Well, I'm talking about the marijuana, the civil citation for the marijuana, dude. And that's what I'm talking about. >> That's that's still debatable in court. Going to jail tonight is what I know I was doing because driving on a suspended license, what you just informed me of. And unless you're going to let me go on a without proof of knowledge, I know that I'm going to jail. This is my first time. Look at that paperwork. >> I know. I see how many you have. So, and I see how long you've been suspended for. Yes. >> So, I'm not oblivious to what's going on. All right. I know it's still without knowledge, but >> you know, in the you know, in the city though, I don't know if you've been arrested by HP or SLO. We release people with a court date for knowledge in our city all the time. Every day. >> You could have just released me >> with with the Yes. But I have to search your car to check for >> There's no problem for that. But to manhandle me and not give me the clarity when I'm asking cuz you want clarity. >> I was very calm and patient with you. The second >> you see my paperwork. I'm post-traumatic. But you're not acknowledging. >> The second you pull away, dude, you're done. That's that's >> Look at my name on there. You see my post-traumatic? >> It doesn't say post-traumatic. >> That's what that says cuz I've been stopped that many times. So, my experience with you is not on a winning side. And if you don't identify that, when you see the nervousness and and the fidgety body language that says suspect, but it's not that. >> It's anxiety unidentified. And I'm just saying it's >> But you understand why you're under arrest though. The pulling away that the second you do that from an officer and you're being told to put your hands behind your back that that you're done. You're under arrest for that. We had to try three or four times cuz you're a big guy, man. >> No, I was coming out of the car because again, as you see that paperwork, you don't see any violence on that paperwork. >> You're not getting you're not getting charged with against it's it's resisting without violence. >> You know why you don't see any violence on there? Because I'm not a violent individual. >> I don't think you are, but I think you resist. >> But if you if you respond to me as if I'm violent and say that I'm resisting, but >> you did resist though. >> You grab me by my collar and you want me to do what? You take my hand and we're not dancing. We're doing what? I grabbed your wrist and I pulled it. You yanked it away and you went I'm not resist. It's all in body camera. I'm letting you know grabbed me. Yep. Oh, I was going to take you to the ground, but you're too big. You have to wait for me first. You touched me first. >> 100%. >> Right. So, here I am trying to seek clarity on what's happening and it's progressing faster than the officer is willing to calmly clarify. >> I told you I'm going to when you stepped out, I said I'm going to search your car. >> Put your hands behind your back and then you yanked away. After that, it's done. >> Simple. And I'm here exactly what happened. They send your camera. I just want you to know. So when you go to your attorney and you look at the police affidavit and the body camera, there's no question why you're in handcuffs. I'm a fair officer. I don't like doing that, man. That's not fun. >> Can I ask you a question? >> Yes. >> You see the time delay between asking you a question and actually getting to the question? If we want clarity, even in a stop, there's no need to rush it cuz where am I going? I know the odds are against me. >> No, you need to listen though. When you're told something to do by an officer, >> you got a lawful order. There is no clarity on that. do the order and then explain everything. But you have to do what we tell you. >> No, it started when I didn't pass window. >> That's on body camera, man. I I didn't I didn't give you any issues with the passenger window. So, don't give him that. >> Shut the door. He's going to go down an avenue. He's saying that he I was upset with the passenger. My body camera will disprove that. No, I said, "Okay, I'm not going to push on that." He's seeing I I got upset over the window. The second he said, "We can talk through here." I said, "All right, I'm not going to push that verbatim." >> He wants these to stay in the car. I'll take his hat and his phone otherwise. >> Do you need the other key? >> Um, no. That the other key needs to stay with the car for ups. >> And what is this? >> He just Yes. >> Oh, there's a >> I have a request. >> My personal effects. My My wallet and my laptop stuck in the trunk of my car. >> Yeah. Where's >> your laptop and your wallet? >> My My laptop and my wallet stuck in >> Where's your laptop? Uh, it's in that black bag. >> Sure. >> I want to >> There's a valet switch in my glove box. >> A valet switch. >> There's a valet switch in my glove box. Lock my glove box. Give me my keys for my personal effects. I didn't have a chance to secure my vehicle. When you asked me to exit my vehicle, >> hang on. >> And now I'm in handcuffs and I need to secure my personal effects as you put it in impound. And I don't have that option. So, I'm asking is >> So, put your put your >> put my personal effects in the trunk of my car. Turn on my valet switch. Lock my glove box. >> All right. Hang on. So, there's a few things he wants done. Um, thank you. I appreciate it. Sir, your request has been completed. That switch needs to be black instead of red. Right. Right. For it to be the valley switch to be on. >> Yes. >> Okay. Then it's done. >> My glove box. >> Yes. You're welcome. >> During the course of the traffic stop, you were unable to locate the insurance the time I had given you. Um, I understand I asked you to step out of the car. >> No, hang on, hang on, hang on, hang on. But the state shows that you do not have insurance. Which company can I call for you to confirm that you have insurance? Cuz the state says you don't. So, I don't have to give you a ticket for that as well. Okay. All right. You would like to prove it in court instead. Like just have it dismissed after proving it. >> I'm sitting here in intake. Bro, what are you talking to me about? You've already determined I'm going to jail. >> I'm asking if I can call your insurance company >> as possible. Okay. >> Like if you wanted to help me, you could have took these cuffs off me, wrote me a $100 ticket on the site cuz you saw that >> again and let me go. That's not what happened. >> Yeah. You you definitely made mistakes tonight. Yes. Things could have definitely gone a lot different. >> The officer receives a B+. The stop was lawful. The exit order was constitutionally grounded. Post arrest communication was transparent, and he accommodated the driver's personal property requests beyond what the law required. Earlier, more deliberate communication in the first 60 seconds may have made the physical confrontation avoidable. The driver receives a C+. He was nonviolent and genuinely legally aware, but the window refusal set an adversarial tone immediately. Delaying the exit multiplied his legal exposure, and the wrist movement, whatever the intent, gave officers the statutory basis for an additional charge on top of an arrest that was already coming. Most of the legal exposure in this encounter was created in the first 2 minutes before a single handcuff was out. That is the pattern this footage repeats. Here are five lessons this stop teaches that apply to any driver in any state. Lesson one, rolling down your window is not a waiver of your rights. It costs you nothing and it tells the officer you are not a threat. The adversarial dynamic in this stop started with that one refusal before a single word was spoken about the license. Lesson two, a lawful exit order under Pennsylvania versus Mims is not a request and it is not negotiable. Every second of delay after that order is documented. It does not become evidence in your favor. Lesson three. If you hold a medical marijuana card under Florida statute section 381986, carry it with you on every drive without it physically in your hand when the officer asks. It does not protect you in that moment, regardless of whether it exists. Lesson four, during handcuffing, keep still and announce every movement before you make it. Any physical act an officer can describe as pulling away satisfies Florida Statute Section 843 02. Intent does not appear in the charging document. Behavior does. Lesson five. If your vehicle is going to impound, ask calmly and immediately that your personal property be secured. Officers have no legal obligation to honor that request, but many will when it is made respectfully. It is worth asking, even from handcuffs. If there is an interaction or a legal topic you want us to analyze, drop it in the comments. 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