She runs in there and throws my partner out of the way. >> That's twice that she's tried to struck us. >> On January 28th, 2023 in Bernalo County, New Mexico, a routine DWI traffic stop turned into a battery arrest and the person who ended up in handcuffs was not the driver. >> So, Officer Smith, officer that just pulled Is this your boyfriend husband? >> This is my husband. >> Okay. Hold your husband out cuz he feels that he might be under the influence of alcohol or something like that. Okay. So, he's taking him out. He's going to run him through some tests just to make sure he's good to drive. And then >> he's okay to drive. >> Okay. Ra is coming from. >> Where were you? Where were you coming from? >> Yeah. >> We're coming from downtown. >> Downtown. >> Mhm. >> Okay. You guys just hanging out and you guys are heading home or? >> We're just heading home. >> Okay. Anything happened on the drive or anything like that? No. Okay. >> Um Has he had any drink time? >> No, he hasn't. >> Okay. Do you mind if I get your driver's license from you? >> Of course. >> Where do you guys live? >> Mirancha. >> Where at? >> We live in Rancho. Like >> Okay. Do you know the street by chance? >> I know the street. >> Okay. >> By chance. >> Am I able to get your ID? >> Uh, no. >> Okay. What's your first name? My first name is Mercedes. >> Mercedes. What's your last name? >> Going to tell >> it's Benz. >> Oh, okay. >> Oh, yeah. >> All right. >> Where you guys coming from? >> We're coming from your rancho. >> From your rancho. >> Well, we've [laughter] we've had a night. So, we've >> When you say we had a night, >> no time. >> When you say we had a night, what do you mean like a good night? Was it a bad night? >> Good night. Yeah. Is this your boyfriend? That's right. >> Oh, yeah. Mhm. >> Been drinking? >> No. >> No. You haven't been drinking? >> She has not. >> No. No. Yeah. >> Yeah. Of course I have been. >> That's cool. We're just concerned. We just want to make sure everything was okay between you guys. >> Course. Yeah, it's cool. >> So, no argument or nothing like that. >> Under Terry v. Ohio, officers need only reasonable, articulable suspicion to initiate a stop. A suspected DWI gives them exactly that. The stop here was legally sound from the first second, and that matters because everything that follows is built on that foundation. The Supreme Court settled the question of passenger detention in Arizona v. Johnson, 2009. Passengers may be held for the full duration of a lawful traffic stop. Being a passenger does not give you the freedom to simply walk away from an active scene. Here is where New Mexico law does something most people do not expect. Under state v. Vandenberg, 2003. New Mexico does not require passengers to identify themselves during an investigative detention. Refusing to hand over your ID is in this state entirely legal. However, the moment you voluntarily say you have been drinking, that protection disappears. The Fifth Amendment shields you from compelled self-inccrimination, but it does not protect statements you choose to make on your own. That distinction matters enormously in this case. >> Okay. You don't want to provide this officer with your information? Um, my He's the best. >> You talking about the driver? >> I'm talking about my boyfriend. >> Your boyfriend. How long you guys been together? >> 10 years. >> Oh, wow. Okay. >> Mhm. >> And you guys live here in Rancho? >> Yes. >> And you were in Albuquerque? >> Yes. >> Been drinking? Is that right? >> No, he hasn't. Only me. [laughter] >> Okay. >> Only me. >> Where were you guys at downtown? Bar hopping or what? firefighters. >> Is he one of our firefighters or is he >> Oh, wouldn't we like to know? >> I'm just making conversation. That's it. >> Like to know. >> Just making conversation. >> I'm sure you would. >> Can I drive the truck home? >> No. >> Cuz you're pretty intoxicated. You even admitted to drinking. No, I can drive this truck home. >> If you want to drive this truck home, we're going to have to run you do a field sobriety test. But I'm already can tell right now you're not going to pass. >> So >> So can I get your ID? >> Well, can I What is my boyfriend going through? >> Say it again. >> What is my boyfriend going through? >> Uh, he's being arrested right now for DWI. That's not right. >> So, Officer Smith is a DWI union officer. >> Okay. What can I >> Mercedes guy? >> I already grabbed it. >> Can I drive home or >> I can do a field test? >> Is this his phone? Hold on. I'm going to take it with him. Do you want him to be able >> I think I want that. I think I want that. And it's my phone. Okay. >> That's my telephone. >> I don't care. When he gets out of jail, he's not going to have a phone. >> I don't care. Really? >> That's for you guys to figure out. >> That's what that's that's what you're going to figure out. >> I'm not I'm not the one going to jail. He is. So, you can figure it out when he gets out of jail how you're going to pick him up with no phone. >> Do you need passenger? Cuz she's getting ready to just leave. >> If she wants to walk, she I >> I took keys cuz she's trying to say she can drive the truck. So, >> see if uh we need her in her apartment. >> Yeah. Okay. >> Mercedes. Mercedes, you live in Bernalo, correct? Come here. >> Don't go into those people's yard. Oh my god. How is that? >> She fell in some weeds. >> Huh? >> She fell in some weeds. >> She fell in the weeds. >> Yeah. Mercedes, we're trying to get you a ride home. Mercedes, do you want a ride home? phone in here. >> Mercedes, do you want to ride home? >> No. >> Go ahead. >> What are you going to do? Cuz you're too drunk to be sitting here. I can't leave you here. >> So, what are we going to do? I'm trying to help you. >> I've only been nice to you and you're not being nice back. Well, if you want to be nice, help me find my phone. >> Okay. Can we go back to the truck to find your phone? >> My phone's right here. What do you mean? Come and help me find my phone. >> Okay. Well, your >> your ride is driving off, so we're running out of options. >> I'm not going in the weeds. Come out of the weeds. Extremely intoxicated that's trying to walk in the Dude, [groaning] >> you help me. >> Are you going to be nice? >> No, I'm mean. >> Okay. Why would you want to be mean? >> No, I'm going to be nice. It's perfect. Come on. Come on. Now you're going to make me fall on the weed. >> Sorry. I'm really sorry. >> Okay. Come on. >> Jesus. Thank you. >> Yeah. Okay. Let's go back to the truck where it's warm. Let's do that. Let's go back to the truck so we can get your phone and your purse. You left your purse. >> I don't care. >> Well, you're going to need that. Here, hold on. >> Help me. >> Put your shoe on. Okay, let's go back to the truck so we can sit down. Let's go. Come on. >> I'm going to help you. >> No, you're not. >> Why would I not want to help you? >> Look in the eye. >> What's wrong with you? >> Looking in my eyes. >> What? >> Looking in my eyes. >> I am looking you in the eyes. Let's go. So I can help you get out of the cold. It's freezing out here. >> You're not looking cold. Do you have family that lives around here that'd be able to pick you up? >> Let's look over here. >> Don't fall. Let's take a seat. >> Let me have a ride home. >> Do you have family? >> Dominic isn't here. >> Dominic? Who's Dominic? >> Who's Dominic? >> Is that who you have? >> The man you just arrested you. >> Wow. Wow. Wow. And I'll remember that. Do you have family to pick you up or not? >> When you have family to arrest you, I'll remember that. Where are we? >> Where are we right now? >> Let's go back over here. Okay. I don't want you trip in the weeds again. >> Hey, can you pick me up? >> I'm at 81 15 miles is complete. Sorry, sorry. I'm sorry. I'm sorry, Mom. Dom got and No, I'm not got arrested. [laughter] Yes, please call. What is it? What is it? Please come. Tell her we're just south of the Walmart. Okay. >> We're just south of the Walmart. Please, Mom. I'm sorry. I'm so sorry. I Bernal Leo. >> By Bernalo. Yeah, you're almost to Bernal. >> Yeah, we're almost to Bernal Leo. Mom, please just No. I'm with the cops. I'm with the cops right now. Do you want me to talk to her to give her better directions? >> No. Do you want to talk to the cops or >> I'm sorry. Just talk to my mom. Just tell >> Hi, ma'am. This is Officer Gonzalez from Ranch Police Department. >> Hi, Mr. Gonzalez. What's going on? >> So, Dominic got arrested for DWI. >> But we're trying to find a um a ride from Mercedes because the truck is going to be towed and it's pretty cold out here. I don't want her walking home or anything like that. >> No. Yeah, we're going to come get her right now. Um kind of by McDonald's. >> Uh is that you know where that Murphy's gas station is? >> I can have a >> I'm check. Yeah, I'm towing the vehicle. >> I'm towing the vehicle. Reason why I'm doing an inventory. I don't need >> show me. You're listen. I'm trying to avoid you getting arrested for being disabled. Let me do my job. Yes, ma'am. >> Okay. And we're going to wait for your ride. I don't want to arrest you. Do you understand? >> I don't want him. >> He's a firefighter. >> Okay, that's fine. Let me continue my investigation. The vehicle is going to be towed. So, I'm making sure that I document everything that's in his vehicle. >> I just want you to know that like he's a firefighter and like >> Okay. So, right now, I need you to stand here >> and just make a phone call. You have your mom on the line and get a ride. Okay. But I just want you to know. >> Okay. So, stand right here. Look, we're talking to your mom. Stand right here. [laughter] >> Is there any way we can get the picture? >> She doesn't care. >> I can My advice to be to kind of hurry if you can cuz she's pushing the limits of >> Just give me >> Okay. >> Mom, please. Please. Please come over here. Please. Right now. Please. No. No. Right now. You need to come over here right now. Yes, baby. We can't fly this. >> No, dumb. >> You need to just calm the >> Okay. >> You don't want to get in trouble either, you know. >> It's not good. It's not good. >> Why don't you turn around right now? Turn around. >> No. doesn't arrest you. You don't just calm down and stay there. >> You can't afford to get arrested. >> We're on our way. Okay. They're there. Um >> let them do whatever they need to do. We're almost there. Okay. >> Cuz they're bored. >> It's okay. Just stop. Okay. >> Just stop. >> No, I'm not okay. Mom, I need >> Yeah, baby. We're almost there. Okay, we're almost there. Just stay calm. Okay. Um, what can you see? >> I haven't taken a good look at it, though. We're on our way. Tell me what you can. >> Ma'am, she's going to be arrested for it as early. That's twice that she's tried to struck us. >> Okay. So, at this time, she is going to be arrested. Okay. >> Let's go. Officer, what's your number? I'm officer, please. >> Take a seat, go. What's your number? Go ahead. >> Take a seat. >> What's your number? >> What's your number? >> Take a seat. >> What's your number? >> When a driver is arrested for DWI, the vehicle gets towed. Before it does, officers conduct an inventory search. The Supreme Court in South Dakota v. Aubberman 1976 held this is entirely constitutional. No warrant required as long as the procedure is standardized. Now to the charge that changed everything. Under New Mexico statutes annotated section 30224, battery upon a peace officer is a fourthderee felony. This is not a misdemeanor. This is not a ticket. Each count carries up to 18 months in state prison. The statute defines battery as any unlawful intentional application of force to a peace officer who is performing lawful duties. The officer does not have to be injured. The contact does not have to be severe. A push in the right circumstances is a felony. The second set of charges falls under New Mexico statutes annotated section 3021. Disorderly conduct requires knowing engagement in violent or tumultuous behavior that creates a clear and present danger. Escalating actions that disrupt an active investigation satisfy that standard. On the officer's side, any force decisions are evaluated under Graham v. Connor 1989. Reason is judged from the perspective of a reasonable officer on the scene at that moment with the information available. Hindsight does not factor in. Officers are trained to exhaust non-arrest options before taking someone into custody. That restraint is visible throughout this encounter, but deescalation has a ceiling. When a subject commits battery, the legal justification for arrest is established, and continued patience is a choice, not an obligation. With that legal framework in place, here are the grades. Officer Gonzalez receives a B+. His deescalation throughout a lengthy, difficult encounter was genuine and sustained. He correctly coordinated contact and cover roles. Communicated with the subject's family and maintained composure under repeated provocation. The minor deduction is for tactical exposure after the first battery was already committed. Officer Smith receives an A minus. The DWI investigation was handled correctly and separated appropriately from the passenger interaction. Limited footage of his specific procedures prevents a higher score. The passenger receives a D. She entered this encounter in a legally protected position with rights on her side and no charges pending. She left it facing two felony counts. The refusal to provide identification was lawful. Every physical action that followed was not. That trajectory is entirely self-inflicted. The department receives a B. Officer conduct reflects solid deescalation training and proper procedure. The agency's identity remaining undisclosed in the footage is a transparency concern that keeps the grade from going higher. What's your number? >> Ladies, put your fing 139. What's your number? >> 521. >> 521 1391251. >> Yeah, that >> 1251 132. You can actually do um assault. >> Yeah. >> On a POS 2. >> So, >> no, no, no, no. You're okay. You're okay. It's not your fault. So, they stopped her. They stopped Dominic. We arrested him. We're trying to keep her under control. She takes off, runs, and falls in the weeds. We help take her out. I'm While I'm talking with you the first time, my partner is trying to inventory the vehicle so we get a tow. She runs in there and throws my partner out of the way. >> So, we give her a break. We give you back >> talk to her. >> While we're talking with you, she goes to slam the door on us again while we're standing in the truck. >> So, we we we can't at this point. We've given her too many chances. >> Okay. Um, the what I can do for you is I can ask her if she's willing to talk to me if you can take her purse and stuff. >> Okay. What do I She has work in the morning. What do I need to do? >> I would >> How can I get her out? >> Uh, to be honest, she's probably going to have to see a judge. There's There's not going to be a bond or anything on this >> Monday. >> Uh, she's going to go south on a peace house or try to >> I'm so sorry. >> Unfortunately, though, you know what I mean? that she did it twice. I gave her a break, but she did it to me and she did it right here. So, it's like, no, you know, she's I apologize to you guys. >> It's not your fault. She's an adult. She's >> Dominic's. >> Yeah, he's okay. >> Okay. He's being processed right now. Okay. So, I'm not going to be able to go get her out at all. >> Uh, she'll be able to make a phone call when she actually gets booked in. Okay. She'll be able to make a phone call. She'll be able to try and find out what's going to happen. Oh wow. I know she's not happy with us, but I'm going to send her phone with her anyways so she can call you when she gets home. >> There's no way that you guys can please just let her >> I I can't We gave her We gave her too many chances. We had to drag her out of the weeds. She pushed her out of the way and then she both tried slamming doors on us. So I I can't at this point. Yeah, >> we were trying to buy time till you got here, but >> please, please help me. >> What's wrong? >> PLEASE, please help me. >> What is wrong? [laughter] Please. Please. >> What's wrong? PLEASE HELP ME. [screaming] PLEASE, please help me. >> What's wrong? >> I'm asking you what's wrong. You're not telling me. >> Why arrested? >> Why were you arrested? >> Why arrested? >> Why would you battery out a police officer and disorder me? have a disorder on a police officer. >> No, I said battery on a police officer. >> How? >> So when you ran back in the truck and pushed my partner, that's battery. Mhm. Time. >> It's okay. I paid the big bucks, too. >> Yeah. For what? for better than you are. [laughter] I mean like >> probably >> Yeah, exactly. Like you have to like deal with people like >> like you. >> Oh yeah, like me. Oh yeah, like me. I'm sure. >> Yeah, deal with people like you all the time. >> I'm sure you deal with people a lot worse than me. It doesn't happen very often where someone pushes us. So, >> baby, I'm so >> mine. So, what does that have to do with >> not much? >> This encounter teaches several lessons that apply well beyond this specific case. Whether you are a passenger in a traffic stop or someone who wants to understand your rights in New Mexico, these points are worth knowing. Lesson one, voluntary statements are not protected by the fifth amendment. If you choose to tell an officer you have been drinking, that statement can and will be used. Silence is your right. Exercise it. Lesson two. In New Mexico, passengers are not required to provide identification during a traffic stop. State v. Vandenberg established this in 2003. Know the law in your state because it varies significantly from one jurisdiction to the next. Lesson three, battery on a peace officer is a felony in New Mexico, not a misdemeanor. A single push during an active investigation can result in up to 18 months in prison per count. The severity of that charge is not intuitive, and ignorance does not reduce it. Lesson four, deescalation by officers has a documented legal limit. Once probable cause for a crime is established, the decision to arrest is legally justified. Officers who continue to deescalate beyond that point are extending courtesy, not fulfilling any legal obligation. Lesson five, invoking a profession, a connection, or a personal status does not change the legal outcome. The law applies to firefighters, executives, and civilians equally. Courts do not grade on profession. Neither should anyone expect them to. If you found this analysis useful, subscribe to our channel for more legal breakdowns of real body cam footage. Every case has a legal story behind it and understanding that story is the first step to understanding your rights.