What's going to happen to my car? >> It's going to be towed. >> Oh. >> Uh, the only thing with that is your mom's going to have to go pick it up. Okay. >> Okay. >> I'll talk to you a little more. Let me get off the road. Okay. >> Okay. What kind of >> Oh, [ __ ] me, bro. In Collier County, Florida, a Florida Highway Patrol trooper stopped an 18-year-old driver traveling at 133 m hour in a posted 70 mph zone. 869 Florida bravo delta mike echo. Hello people today. >> Where are you going? >> We are going to record. >> Where are you going? 869. Can you turn on the second character? You want to make your day again. Oh yeah, >> she got it. >> 133. >> 133. Oh yeah. Hotel. for I don't know if you're aware of a new law called secret here. That's what's happening today. Okay. Yesterday we were doing 133 well over 50. >> It's my first time doing October. >> Yeah. pulled over >> ever. >> Yeah. >> First time you pulled over? >> Yeah. >> You never been pulled over? >> No. >> You can't find your license either. Right. >> Wait, what? >> You have a Florida license? >> I don't know. I can't find this. >> And you don't know your heart? No. Do you want me? I can call my mom and ask. I think she has it on her phone. Let's give me a try. Let me look the back of my head. I'm going to ask you anything. Come on. Not yet. We're going to find you, but not yet. Okay. Uh well, >> what's going to happen to my car? >> It's going to be towed. >> Oh. >> Uh the only thing with that is your mom is going to have to go pick it up. Okay. >> Okay. I'll talk to you a little more. Let me get off the road. Okay. >> Okay. >> What kind of explain everything? >> Oh, [ __ ] me, bro. Are we okay? >> This is so not worth it. I [ __ ] hate men, bro. >> Why did I just visit my boy? >> Why did I have to visit my Sir. >> Sir, please. Oh, [ __ ] god. My mom's going to kill me. My mom's going to kill me. My mom's going to kill me. >> Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. >> It's going to be to Oh, [ __ ] me, bro. [ __ ] [ __ ] [ __ ] [ __ ] This is my first time getting arrested. >> The driver for 15 at 6:55. >> Um, excuse me. >> Yes. Can I please just ask my mom if she knows my security number so I can try? >> Sure. Um, let me Hold on. >> Thank you. >> Let me put your purse in front of me. Okay. >> Okay. >> That's unfortunately that's all you're going to be able to take today because obviously >> Yeah. >> Uh, >> do you mind if I do the calls for you? >> Go ahead. Okay. Um, so, >> uh, if you want to go to messages or not. >> Oh. Oh, yeah. Um, and then if you want to go to it's mumsy the the it's the pin. You don't want to call her better? >> Oh, yeah. No. Uh, but I was going to call her through messages or either one works. >> Yeah. Yeah. >> Whatever works for you. >> Uh, how do I get to your >> or I could do like a >> Yeah. Okay. Okay. >> Okay. >> Let me just um >> Thank you. >> You can give this trooper the information. I'm going to just put this back in your car. >> Okay, that sounds good. >> Hey, let me ask you. Why were you going so fast? I think I was um you know when you put your seat >> the dancer >> um no no wait let me call it. >> Huh? >> Um you know when you put your seat super close and then you push down on it the um >> the pedal >> the pedal a little more than you think you are. I think that's what was happening. >> Where were you coming from? >> I was just coming from Fort Lauderdale. >> Okay. What were you doing out there? >> I live there. >> Oh, you live out there? >> Yeah. I'm actually I'm going to visit a friend for like a day trip. >> Mom. Oh frick. Okay. She did not pick up. Let me call my dad. Is that okay? >> Yeah. Yeah. Go ahead. >> Okay. Thank you. Sorry. This is my first time being pulled over. >> How old are you? >> I'm 18. >> 18? >> Yeah. >> I hope he's awake. If I may ask, you have a camera in like a old camera in your bag. What's that for? >> Oh, um, for digital camera pics. >> Okay. That's not You don't see that too common? >> Really? >> Yeah. Not >> I I think Oh. Oh, Dad. Um, can is mom awake? Dad, is mom awake? Um, can you wake her up and ask her for my social security number, please? Uh, I got pulled over. >> Did your mom wake up? >> Um, yes. Uh, he's asking >> Tell her Tell her she's good. >> Oh, she's okay. >> We just found her. Did you find it? Yeah. You want to let her know that you're going to jail and call you? Maybe she can help you out. >> Okay. Um, apparently they're taking me to jail. So um I I was going over the speed limit. >> I can't explain her to her. >> If she want us to explain what you >> Oh, do you want the phone? >> Yeah, you can put on speaker. >> Okay. I'm putting you on speaker. >> Hello. >> Hi. Where where >> Hello. This is Trooper Hernandez, Florida Highway Patrol. >> Hi, sir. How are you? >> Good. Good. Uh so this morning your daughter, what's her name? >> Natasha. >> Natasha was stopped uh for 133 mph. Um >> and uh she's going to be arrested for the for the speed that she was traveling until her traveling that fast. Speed up to 70 mph. Um and uh this is the place here in Cer County. Uh she's going to be taken to uh Nameless uh jail, which is uh Collier County. Um, >> okay. >> So, just giving you a heads up on that. I don't know if you plan on coming down to pick her up or her car's going to be towed. >> She'll have all the information cars getting towed and obviously she'll have the information where she's going to be at as well. So, she can relay that to you, you know, within an hour or so. >> I'm a I'm a fire department captain. >> Yeah. Okay. Thank you, sir, for letting us know. >> All right. >> So, um, so Naples, I'm sorry. I just >> It's gonna be Collier County. So, it'll be, uh, Collier County Jail. There's two jails here in Collier. There's one in Milwaukee and one jail center. She's going to the Naples jail center. It's going to be off of Airport Road, East Naples. >> Okay. All right. Um, and and we can now. There's no way to do a fine or anything just cuz it's my first time being pulled over. >> Sorry. There's no way to just do a fine or anything cuz it's my first time being pulled over. >> Yeah, she's right here. You can touch her. >> How old are you? >> Oh, thank you. Hi, Dad. >> Nice. >> Okay. Um, >> you I love you. I was just asking if since it's my first time being pulled over if there's if it's possible to do like a fine or something like that. >> Wasn't going to be huge fine. >> Yeah. I mean I obviously I'd rather have the fine I don't want to arrest her. >> I know. I don't I don't understand either. Sir, what why is she being arrested? >> I'm not the arrested trooper. I'll uh I'll let you talk to the primary trooper here. >> He is trooper out of control. Uh >> yes. The reason she's being arrested is like I said it's a new law. I don't know if you're aware super speeder law offense be traveling at the speed that she was traveling. resist. Is there no way this can give her a warning for this? >> A warning >> for at least a fine. >> Uh, no. Um, no. Unfortunately, unfortunately, sir, uh I already uh placed her under arrest. I cannot just arrest her. So, uh that's where we are right now. I'm sorry. I still still not processing this. >> I know. >> Anything else that you want me to answer while >> if you Google uh on the GPS Naples Naples jail, it'll it'll pop up. How >> um how new is this law? >> July. >> How new is the law? >> Uh >> July, I want to say July 1st. >> Oh, okay. >> Well, you remember that he is. It's outrageous. >> God forbid you. You know, you're going to jail is the least that could happen. >> Yeah. No, it could kill somebody. >> You're not going to go to jail. It's not going to be a misdemeanor at that point. It's going to be a long time, you know. So, and not only that, you kill yourself at that speed. It's not worth it. It's not worth it. I know we're all young and, you know, we like to drive fast, but >> No. No. I don't I don't like driving fast. I think I just didn't realize how fast cuz I was so close to the steering wheel. >> Yeah. >> I mean, 133 mph you can feel that speed, you know? >> So, just be mindful next time you drive again. It's not worth it. >> There's no way to do a fine or anything. I just started applying to colleges and >> I I get it. I understand. I mean, We got camera, you know, we have things that we have to do and >> I know >> this falls under one of those things. So, >> okay. I I The strange thing is I don't have her boyfriend's phone number. Obviously, he's going to be worried about her because she's being taken to jail. Does she Is she allowed >> Do you have your boyfriend's phone number so we can give it to your mom? >> I don't have that memorized. No. >> Do you know his phone number? >> Not memorized. No. >> You'll call out? >> Yes. Yeah. >> If you want, we can give him a call in a second. Okay. >> Okay. >> Go ahead. >> To the jail center. >> No, no, it's going to um it's called the company is called DNC Towing. >> TNC Towing. >> Correct. >> Is it closer proximity? >> Yes. Yes. It's it's all right, you know, profile within maybe a mile. Do you do you have the phone number for them? Is there like a like are you going to when you write this is it going to be under a certain number? >> Yeah, I can give you the phone number right now. Give me one second. >> GNC. Okay. >> And there's absolutely no way to do a fine cuz it's my first time. >> Okay. >> I'm sorry. I'll hold it. >> You hold it. Okay. I'm so sorry, guys. I love you, honey. I I don't know what to say. >> I love you. >> I'm just I'm glad you're alive. >> Yes. So, okay. >> I had caffeine. I think I I zoned out for a second, but I I did have caffeine. I I was trying to make sure I was awake. I think I just put my seat too close and then I zoned out and I am going to press too hard. >> Okay. Okay. We'll be there. All right. >> Okay. What's How long do you think it's going to It's going to take a couple hours. I mean, it's, you know, so you're just going to have to, you know, >> Okay. I love you, honey. >> All right. We'll we'll see you later tonight. Okay. >> Okay. >> All right. Bye, honey. >> All right. >> Is it possible if I could just text my boyfriend to tell him I'm not You want >> to call him? Uh, texting is preferred if that's okay for >> you to text. It's going to be hard for you to text with handcuffs. >> I could try. And then there's a Uh, my password is Kiwi. >> Huh? >> My password is Kiwi. If you >> capital K or >> sorry, >> capital K. >> Uh, no, just regular. >> All right. >> Thank you. Can one hand this. You can turn your phone up if you want. Save your battery. >> You want to turn it off? >> Um, no. I'm scared my parents might call. >> Okay, there we go. Thank you. >> Back up. >> Do you got seat belt on? >> Um, no. >> Does it? No. my hand around this side on you, right? >> Yeah. He's just going to pass to me. >> Good. >> Yeah. If you want to see like sideways, I don't know. Are you comfortable like that? Like that? >> Yep. >> All right. All right. >> Thank you. >> Miss Natasha, let me get your seat belt off. Sit back just a minute. Thank you. >> Maybe. Maybe not. >> You need me to hear it from the other side? >> It was um upside down. >> You got it. >> Careful. Lean forward just a little bit. There we go. Okay. Get your seat legs up. Under Florida statutes, section 316.1 935 subsection 4, paragraph A. Exceeding the posted speed limit by 50 mph or more is a mandatory felony arrest. No exceptions, no discretion. The driver was 63 mi over the limit. The trooper had no options, no warning, no fine, no alternative. The law removed every path except one, and that path ended in handcuffs. The stop was a lawful fourth amendment seizure from the start. Under Delaware versus Prowse, 1979, a vehicle stop is constitutional when an officer has probable cause to believe a traffic violation occurred. 133 mph provided that in abundance. The officer asked about the trunk and pocket contents. Under the automobile exception from Carol versus United States 1925, a warrantless vehicle search is lawful when probable cause exists to believe the vehicle contains contraband or evidence of a crime. Consent is an equally valid independent basis confirmed in Schneckloth versus Bamonte 1973. If the driver voluntarily agreed to show the trunk, that consent alone makes the search constitutional. No additional probable cause required. The driver could not produce her license. Florida statutes section 322.15 requires every driver to carry and present their license on demand. Section 322.62 62 permits officers to accept a social security number as alternate identification when no license is available. The officer unlocked the driver's smartphone and navigated her contacts at her request with her password given voluntarily. The 2014 ruling in Riley versus California fundamentally changed how law enforcement may interact with cell phones during a lawful arrest. Riley held that police cannot search a cell phone incident to arrest without a warrant, but consent is a recognized exception. Under United States versus Matlock, 1974, voluntary consent from a person in custody is legally valid when it is not coerced. The driver initiated the request, volunteered her password without being prompted, and guided the officer through her contacts. A court reviewing these facts would almost certainly find the phone access lawful under the consent exception. There is one procedural issue that cannot be ignored. After placing the driver under arrest, the officer asked why she was going so fast and she answered under Burkimer versus McCarti 1984. Miranda warnings are required before any custodial interrogation. If Miranda was not given before that question, her statements about seat position and zoning out may be inadmissible at trial. The defense would almost certainly file to suppress them and it was entirely avoidable by advising rights before asking. The trooper receives an A minus. The stop was legally sound. The mandatory arrest was correctly executed under section 316.1935 and the officer remained patient, professional, and clear with the driver and her family throughout the entire encounter. The deduction is the Miranda timing. Asking a suspect in custody why they committed the offense is custodial interrogation under Burkimer versus McCarti, and Miranda must proceed it. One procedural gap is the only mark against an otherwise clean performance. The driver receives a C plus. She cooperated, did not resist, and worked to provide identification through her family. Compliance during an arrest is always the right call legally and practically, and she handled that part correctly. But traveling at 133 mph on a public highway put every surrounding driver at serious risk of death. A thirdderee felony carrying up to 5 years under Florida statutes section 775.082 is proportional to that danger. Every stop like this one carries lessons that go beyond the individual case. The outcome here was not bad luck. It was the direct result of a specific legal threshold being crossed. One that is fully knowable before you ever start the engine. Lesson one, know the threshold. Florida statute section 316.1935 makes exceeding the posted limit by 50 miles per hour a mandatory felony arrest. First offense status changes nothing because the statute contains no such exception. Lesson two, silence protects you. Once under arrest, anything said in response to an officer's question can be used against you. Politely decline to answer until you have spoken with an attorney, no matter how casual or friendly the question sounds. Lesson three, your phone password is a legal decision. Riley versus California protects your device from warrantless search. The moment you provide your password voluntarily, that protection is gone. Even under stress, understand that granting phone access is your choice to make. Lesson four, your license is not optional equipment. Florida statute section 322.15 requires every driver to carry and present their license on demand. Failing to know your social security number compounds the problem at every step of the process. Lesson five, firsttime status does not override a mandatory arrest statute. Section 316.1935 subsection 4 contains no fine alternative and no roadside discretion. If that threshold is crossed, the outcome is set before the trooper reaches your window. If this breakdown helped you understand the law a little better, drop a comment with the interaction or legal topic you want us to cover next. Give this video a thumbs up and subscribe to our channel so you never miss a new analysis.