Now you're you're touching me for a reason. >> Well, you're not following instructions. >> Why have you >> lean on the bumper right there? >> You have not asked me to have >> You have Let me explain this to you so you understand. >> YOU HAVE NOT ASKED me at one point in time >> to get there. >> You are not free to leave. >> Ma'am, lean on the bumper. >> You have not asked me to go somewhere. >> Stay back there. Put your hands on my >> You have not at one point in time asked me. I am burning my feet on my car. >> I am burning my feet. I am burning my feet. I am burning my feet. I am burning my feet. You are not asking me to do something. >> Come this way. >> You have not asked me to do something. >> That's adorable. >> 455. You can 1098 traffic. >> You can go ahead and ask for um >> Do you have anything sharp in your pockets, ma'am? No, but you literally just took my rights from me. >> On May 20th, 2023 in Klay County or St. John's County, Florida, a sheriff's deputy made a DUI arrest that raises three constitutional questions worth examining carefully. The first question is whether the stop was legally grounded. Under Terry versus Ohio 392US1, 1968, a lawful investigatory stop requires reasonable, articulable suspicion of criminal activity. Two sources established that here, a bystander who flagged down the officer and the officer's direct observation of a vehicle sitting in the middle of an active roadway. >> What's going on today, guys? just >> I'm sorry. >> Driving a little erratic. I didn't want to be in business. Driving a little erratic. >> I was driving erratic. >> Okay. What's y'all's relation? >> We're hexes. >> Okay. >> Yeah, man. >> Whose car is it? >> Mine. >> It's your car. Do you have your ID with you, ma'am? >> I do. >> Okay. >> Do you grab that for me, please? >> Yeah, I sure will. >> Go that way or that way. >> I'd prefer this way. It' be safer. >> St. John. >> So, sir, do you have ID with you as well? The only X's? >> Yeah. >> Okay. What's So, cuz I got a report saying there was like an argument here on the side of the road. Something like that's what he called in. Sir, come over here. >> What's going on today? >> So, we went out, had some drinks, and had some food and she wanted to drive home. I was like, I don't think it's a good idea. >> Where'd you guys go to have drinks? >> Salt Life. >> Okay. And >> you live in Fleming? >> Yeah. Okay. So she de she demanded to drive and I sat in the back seat. There was a red light down here and I I jumped out. I was like this erratic. >> Ma'am, where are your shoes? Where are your shoes? >> Okay. Where's your license? in the front. >> Can you grab it, please? >> I need your license. >> Yeah. Put this up here. >> That's fine. Hey, just put on the on the roof. So, I told her I didn't want to be in the car with her >> and so at the light I got out. She turned around a couple times. I'm like, "No, I'm not getting in the car." So, and that's when you show >> I don't know if you want >> I need your driver's license, ma'am. >> It's in the >> Okay, that's fine. Um, >> you want me to go >> Nope. We're not. It's fine. Spell your first name for me, please. >> Christina with a K. >> K R I S T C I N A. baby. So, let me Can I just pat you down real quick? Make sure I have no additional weapons or anything like that. You're not in any trouble, man. It's just It just makes everything easier. Um, so are y'all married still? Still legally married. >> Okay. I'm just hanging out the same way to hang out and um replace how long we >> How much I mean there's a reason you want to get assuming it's how much how couple anything before salt. >> Did she pick you up or how did y'all get to plum? So we pulled over and she got into the driver's vehicle. I got into the back seat. She started driving. >> Yeah. Yeah. So that was best I could jump. So >> So she she had you actually got out of the car >> like at this light back there. >> 16 jump. >> And then did she come back around and try to pick you up? >> Twice. Okay. Cuz so I was sitting down there. I got a report. Some guy came up to me and he's like, "There's a car. There's a guy walking on the road and then there's a car. I don't know what this car is coming. It's like it sounds like the car is looks like the car. He's either following him or maybe trying to he didn't know said car is all." So that's what drew me to here. And I rolled up and she's literally probably talking. So I mean I was like just go give me one second. What did you when she when you jumped out, was she standing here? >> So, here's my whole reason for jumping out is because we have a history. >> Yeah. >> And I know she's better herself on the wrong and then >> man, you all right? >> I'll be with you in a second. Okay. >> Hello, husband. Nothing. Hook up. >> Huh? >> Hook up. >> Yeah, >> ma'am. I'll be with you in one second. Okay. >> Yeah, >> I'm not I'm not your husband. >> Yeah, husband. >> Um, you understand? >> Yeah. And I'm not myself. So >> uh do me a favor. Just just hang out here for me. I'm going to talk to her a little bit. >> That's amazing. >> All right, ma'am. So what what's going on today? What le led to y'all on the side of the road here today? You and Is this the ex-husband? Is that correct? Is that fresh? >> What have you had today? >> Oh, what happened to it? >> Oh, I don't know. But that amazing house over there is so pretty. >> Okay. So, can you tell me what happened today? Cuz when I pulled out, >> what happened today was we saw that house and we >> Ma'am, just just stay over here with me. >> Well, I want I want to tell you. >> Okay. Well, just tell me. Tell me. Tell me from over here. >> I can't tell you from over there because I I am >> ma'am. I don't want you walking in traffic. Just stand over here. >> All right. So, I'll be down here. >> No, ma'am. Ma'am. Ma'am, right here's fine. Right here where you >> want me to tell you. >> Come over here. >> Tell you, >> ma'am. Come over here. >> I'm telling you. >> Come over here. >> All right. I'm going there. I'm getting there. I am getting there. That place is so phenomenally Beautiful. And I am trying so hard to make that plate mine. >> Okay. >> And now I am finding that right there. That >> Are you understanding me? >> I'm listening to you. Yes. >> Okay. That place I want to go across the street. >> You cannot go across the street right now. >> You're right. You're telling me right now I can't. >> Correct. >> But before you were here, I can't. >> So, you're not here. >> Ma'am, do not walk across the street. >> I'm not saying I'm going to. >> Just start. >> I am not going to. Okay. >> And now you're trying to get me into a place where you can't get me. >> So now, >> sit back. >> I am not going to answer you. >> You don't want to answer me? >> I am not going to. >> Okay. >> You understand? So, I am here and I'm going to have a little fun. >> No, you're not. >> And I'm going get back here. >> That That place is amazing. >> Ma'am, step back over here. >> I'm having amazing. >> That's amazing. >> Come back over here. Over here. >> Oh, now you're you're touching me for a reason. >> Well, you're not following instructions. >> Why have you lean on the bumper right there? >> You have not asked me to have >> You have Let me explain this to you so you understand. HAVE NOT ASKED me at one point in time >> to get there. >> You are not free to leave. >> Ma'am, lean on the bumper. >> You have not asked me to go somewhere. >> Stay back there. Put your hands behind. >> You have not at one point in time asked me. I am burning my feet. >> I am burning my feet. I am burning my feet. I am burning my feet. I am burning my feet. You are not asking me to do something. >> Come this way. You have not asked me to do. >> That's adorable. >> 455. You can 1098 traffic. >> You can go ahead and ask for um >> Do you have anything sharp in your pockets, ma'am? >> No, but you literally just took my rights from me. >> I did with legal authority as well. >> No, you didn't. >> Okay. No, there's no legal authority. There is no legal authority. Cit. There's no legal authority. >> No, you cannot legal authority. You do not You cannot get to the car. >> Hey. Hey. You're not understanding. >> 455. Give me traffic. >> You're not understanding. You're being for no reason. HEY, I HAVE SOMEONE TO STEAL YOUR CAR. >> Does this for a living? >> You are being aggressive to the reason. All right. I swear 4595. We're good. Clear traffic. >> She's going to jail. >> That's why I got out. >> Needless to say, >> that's why I jumped out. So, um, >> I've been withered for a lot of years. That's why I doubt it. >> Yeah, >> I would work on uh calling a ride. So, I'm towing that. Okay. >> I know my right and I need ML now. >> You're under arrest. >> You're right. You're right. >> Yeah. Just hang out for a minute. Um it is sir. >> Yeah. >> The second issue is the pat down of the male subject. Florida statute 901.151 mirrors Terry. A weapons search requires founded suspicion. The person is armed and presently dangerous. The officer did not articulate that on camera. The subject's consent resolves the Fourth Amendment question in this instance, but the gap remains a liability whenever consent is later challenged. The most significant issue is Miranda timing under Burkimer versus McCarti 468US420 1984. Miranda protections attached the moment a person is placed under physical restraint equivalent to formal arrest. The footage shows Christina secured inside a locked patrol vehicle before her rights were read. That gap creates a window where incriminating statements would be suppressible under the fifth amendment. The formal advisement did not occur until 17 minutes 29 seconds into the encounter. Best practice is clear. Advise writes at the moment of arrest, not after the subject is already locked in the vehicle. >> Hi, I'm Deputy Drew with the sheriff's office. What's your first name? >> Chrissy. >> Chrissy. >> Christina. >> Christina. Okay. All right. Miss, what's going on today? I'll put this up for you if that's okay. >> I would love to. >> What's going on? >> Slot myself out there. Can I slot myself out there? >> Uh, let me see if he has any tissues. Are you going to be cool if I get you out? >> I promise you. >> Okay. All right. Come on out, my dear. I'm just going to hold you cuz it's it's a soft dirt. You can wiggle out and I'll help you. Put that first foot down and then I'll help you cuz we're on an angle. >> Can you just like sit? >> Well, I can't let you go, but I'm going to let you stand up. I'm going to let you get all the way out and stand up. >> I know. Can there something be on the floor so I can get the >> Yeah, come on out right here. >> Okay. >> So, can I go down? >> We're going to we're going to go over this way. >> Okay. Can I go? >> It's just super soft. >> Can I go? >> Do you want to just snot on the floor? >> Yeah. >> Oh, yeah. Go ahead. >> Can I? >> Yeah. >> Yeah. >> Can I get my something? >> I'm waiting for him to walk back over. Do you have any paper towels or tissues? >> Yeah. >> Can you get one? >> Yeah. >> Or if they have one that he can grab. Napkins, tissues, anything in the glove box. >> Just snotty. >> She's being nice. I'm going to be nice back. All right, my dear. Ready? You want to blow? >> Yeah. Really? Hug. >> You're good. Good. >> Ready? >> Yeah. I got a 5-year-old. You're good. [laughter] >> Yeah, you're good. >> Yep. All right, we're going to stand right back up and go this way. I'm going to help you get up. Ready? >> Hold on. Hold on. >> You're good. That's the tire. You can lean in that as much as you want to. >> Okay. Ready, >> ma'am? Can I lean on that? Cuz I don't feel like I want to hurt you. >> You're not. I promise. >> There we go. We're going to go right up on here. >> Okay. >> Okay, cool. >> Yeah. >> Right up on this. >> And you can lean right back here. Can I do it on the >> sip? Just come up on this so we're not on the grass. >> Is that on? >> Nope. You can right on that shade right there. There you go. >> All right. >> So, what's going on? No, no, you can stand. What's going on today? >> What? >> So, come up. Okay. >> And I just stay right here. >> Yep. Right here is cool. What's going on today? >> I don't know. >> So, what happened that you ended up in the back of the deputy's car? >> I don't know. >> Okay. You don't remember or? >> No, I know that I'm with my ex and that we were just going home. >> Okay. >> Everything was cool. >> Okay. >> And then all of a sudden it was not cool. >> Oh, what happened? Like what do you mean not cool? >> Like we were coming home and like literally right there that that coming this way and >> from Oh, from 16A on to 13. Everything was cool and and then all of a sudden I don't know. >> Okay. >> Like we were going we were going and we were going and then all of a sudden I don't even understand that what just happened. Okay. >> Like literally we were going home. >> Did the car stop at all or anything? >> No, everything was fine. It was like these people just >> like other citizens. I just got here, so I'm just trying to figure out. >> No, I like literally >> you guys came and just stopped us out of nowhere. >> Okay. >> Like as far as I'm concerned as we were just headed home and everything was cool. >> Okay. >> And then out of nowhere now I'm here doing this >> and I don't even understand what's going on. >> Okay. So, from what I know, like I said, I just got here, was somebody flagged Deputy Cananan down about something that happened that I'm not sure because I'm not him. So, I don't know what was said to him directly. >> Well, that's amazing. >> Okay. So, that that that's going to be a conversation that I can have with him and let you know and things like that. >> I mean, literally, I have a whole entire I don't even know what's going on right now. like >> like I have a whole thing going with my children and we're about to go on vacation and I don't know what's going on right now. >> Okay. So, I'm going to explain to you a little bit about what I do for the sheriff's office. Okay. So, I spent a few years on patrol and now I'm part of our traffic unit. Okay. Within that traffic unit, I'm specifically with our DUI unit. Part of my job is to make sure people are safe drivers and that in the event you were to drive away from here right now, whether or not you would be a safe driver. Okay. I understand. >> So, I'm going to give you all the info that I have like I have so far. >> I do smell a little bit of alcohol coming. Okay. Your eyes are kind of bloodshot. >> All right. They're they're a little bit watery, which I know sometimes can come from crying. Sometimes it's from other things. So, I kind of want to rule that out and figure out what's going on. Okay. Are you willing to do any standardized field sobriety exercises? >> I can do what I feel is necessary, what I need >> for my people to come here. What does that mean? What do you your your ex is right up here? >> No. >> What? What? What people? >> I need >> Do you need them for anything? I got >> Does she have shoes? Do you have shoes? >> I do. >> Where are your shoes at? >> They were underneath me when I >> Are they sandals or flip- flops? >> Flip flops. >> They're flip flops. >> Okay. >> I need you to call So right now what I'm doing is an investigation for a DUI. Okay. >> All right. >> All right. So are you willing to do standardized field? >> I want you to call who I want you to call. >> So that's not how it works. Are you willing to do them or not? Okay. So I'm going to explain to you from here. Okay. If you're not, my opinion waster whether or not you're an impaired driver is going to be based off of the interaction Deputy Cananan had with you and my observations thus far. >> I understand. >> You do? >> Yep. >> Okay. >> All right. All right. I'm going to read something to you just cuz I would like to ask you some questions. Okay. All right. So, it's 5:35. Okay. So, you have the right to remain silent. questions for me? >> Nope. >> Okay. So, I'm going to walk with you. We're going to go right back to my car right here. Okay. >> Okay. >> All right. I'm going to help you just cuz I know it's hot. If you want to walk on this, >> say you want me to walk on the >> You can walk wherever whichever one you want. >> All right. So, you're going to stay just like that and we're these cuffs out. Okay. >> Delta 4297. John, >> which way do I go? >> Just stand right here. 10:15 signal one on the female. You can stamp the 1089 for that or change this one and an optimum place. >> Just bear with me. I'm going to try to do this as easily as possible. >> Ow. >> He's trying to get it off without watch. >> Ow. >> Yep. >> Ow. >> So, you know that hurts. >> That's why he's taking it off. >> And so, you know, >> let let go of this hand that I tapped under. >> I've got nothing. >> I know I'm not. >> He's taking that handcuff off. So, you're just going to say just like that >> until I know that. >> Just keep your hands on >> the people that I want to say that I want appointment to hear >> are >> Put your hands like this. Turn this wrist. >> Put your palms together. >> Are you lock? >> Yeah, I'm >> No, I didn't do it. >> Yeah, I was just trying to get in the one room. I want it now. Do >> you have anything in your bra? >> Melon. >> Do you have anything in your bra? >> I don't have anything. >> You take everything that you have. >> But I do have four people that I want as my security, and I want them put as a point, but you're not letting me say it. >> Well, you've been arrested for DUI. >> All right. Well, you're not going to be in the back of my copard. >> All right. But you're not letting me say those people. >> Okay. Put your butt in. Are you going to let me pay those seats in the seat? >> Are you letting me pay those seats? >> You can say whatever you like as you get in the car. >> All right. So, those four people is who I want. >> Okay. So, scoot all the way in. >> Where is my rights? Where were my rights read? And where are the person? >> I did read your rights to you. >> You get the rights to me to put into this jail. You did not do that. I did read your >> I was put into here illegally and I am going to continue to fight this >> and so you're this against me and against what is going on in this cage. >> Okay. >> All right. So, I get to say whatever the hell I want to. And this is what I'm going to say is that I am here and I was got illegally and you have not given me a right. You put me in a cage while I was on the side of the road and I had a right to leave and you did not give me that right to leave. So now I am in the back of a cage and I do not get the right to get away from you because you decided that I was a threat while I have been here the whole entire time with my stuff behind my back. So, this whole entire time I want all of this recorded because I did not legally get into this vehicle >> here. I'll I'll put this camera right here. >> You have put all of this. Yeah. There you go. Now you have a vehicle. But for the first 30 minutes that I was here, you didn't have that. So now, where was the 30th minutes I was here? >> That's on my purse and I wear that. Oh, well that's good, but that wasn't here because my first 30 minutes I was in here was not on you. So, I would like all of the first 30 minutes I was put into this vehicle that was not in here with her. I would like all of that into testimony because hey, >> that's a different here. I don't live over here and she is bringing me into a section that I don't live in and I am way past that because my house is way back that way. So now it is around who lives where. >> Once Christina invoked her right to counsel, the second deputy stopped all questioning immediately. under Edwards versus Arizona 451US 477 1981 that obligation is absolute. It was handled correctly and that matters precisely because it is so often not on use of force. Graham versus Connor 490 US 386 1989 evaluates force from the perspective of a reasonable officer on the scene weighing the offense severity, immediate threat, and active resistance. Soft empty-hand control applied after multiple ignored verbal commands against a subject moving into active traffic sits at the lower end of the use of force continuum. It was proportionate. Florida statute 316.193 defines DUI as impairment of normal faculties or a blood alcohol level of 0.08 or higher. Documented observations, an odor of alcohol, bloodshot eyes, and disorganized cognition support probable cause on that charge. Florida statute 843.01 01 makes resisting with violence a thirdderee felony. Christina's conduct during detention supplied the basis for that count independently. Deputy Canon receives a B minus. The stop was legally justified. He separated the parties correctly and called for a DUI specialist rather than acting alone. Against that, the Miranda sequencing was reversed and the pat down lacked an on camera armed and dangerous finding. Both are avoidable procedural errors. Deputy Drews receives an A minus. Her approach was textbook deescalation. She explained her role and her observations clearly. She told Christina that refusing field sobriety exercises is admissible under Florida law, and she stopped questioning the moment council was invoked. That last part alone separates her from a large percentage of officers in similar situations. Christina receives a C+ declining the field sobriety exercises and invoking counsel after Miranda were the right calls. Everything before those moments was not. Repeated non-compliance, movement into traffic, and physical resistance gave the officers legal justification at every step and added a felony to her record that would not otherwise exist. The male subject receives an A minus. He exited the vehicle when he judged it unsafe to remain inside, cooperated fully, and gave a consistent account without interfering with the arrest. His restraint throughout a difficult situation prevented it from becoming significantly worse. This encounter surfaces five specific lessons, each one grounded in what the law actually requires. These are worth internalizing before you find yourself in a similar situation on either side of it. Lesson one, a citizen tip alone does not meet the Terry threshold. It becomes legally sufficient when combined with the officer's own corroborating observation. Know which facts you are stacking and be able to articulate each one clearly and separately. Lesson two, consent resolves a Fourth Amendment pat down challenge in the moment, but it does not replace the need to state your armed and dangerous reasoning out loud. If consent is later disputed, you will need those facts on record. Lesson three, placing a person in a locked patrol vehicle triggers Miranda, regardless of whether formal arrest paperwork is complete. Under Burkimer versus McCarti, physical restraint is the trigger, not the paperwork. Lesson four, a clear invocation of the right to counsel under Edwards versus Arizona requires an immediate, complete stop to all questioning. No clarifying questions, no follow-up. That is not a judgment call. It is a constitutional requirement. Lesson five, refusing field sobriety exercises in Florida is a legal right. But Florida law makes that refusal admissible at trial as evidence of consciousness of guilt. Knowing your rights means knowing the full picture, not just the part that feels protective in the moment. 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