Is there any weed or anything like that in the car? >> I got my little cousins in here, so there's really nothing in the car, but my car smells like that, yeah. >> Yeah, it smells like weed, man. So, okay. Do you have a license, registration, insurance for you? Do you Does anybody else in here have uh IDs on them? >> Uh that's kids. >> How old are you? Do you have an ID though? >> I have a license. >> Yeah, yeah. Can I get it? >> I can't have anything in my pocket. I'll start with my ID. My driver's license. >> Do you have a medical marijuana card? >> No. >> Is there any marijuana, hemp, low concentration THC, anything that would cause the odor to be emitting from your vehicle? Like you said, you said it it would no it normally smells like that. Is that what you're saying? >> the car, yeah. It's really not weed. >> Okay. You say Do you just smoke a lot or do you have a Do you commonly have weed? >> I don't smoke a lot, but when I smoke, I try to do it in my car. >> Okay. >> On March 17th, 2025, in New Smyrna Beach, Florida, a routine traffic stop became a textbook example of how voluntary admissions can unravel a person's legal standing before a single search even begins. >> He's He's going to talk to you here. You don't need to dig in there just yet. >> Hey, just one second, man. 9W52 Central Traffic Stop. >> 9W52. >> What are we on North Woodland 423 Romeo Romeo India Sierra 18 beyond silver Toyota. >> They'll let you know. >> I copy. >> Hey, I'm Lieutenant Mac from the New Smyrna Beach Police Department, okay? Uh one of the reason I'm stopping you is cuz your windshield's tinted, okay? Two, when you passed by me, the odor of marijuana just hit me in the face, okay? Is there any weed or anything like that in the car? >> Huh? >> cousin in here. I got my little cousin in here, so there's really nothing in the car, but my car smells like that, yeah. >> Yeah, it smells like weed, man. So, okay. Do you have your license, registration, insurance for you? Do you Does anybody else in here have uh IDs on them? >> Oh, that's kids. You know, they're >> How old are you? Do you have an ID though? >> I have a license. >> Yeah, yeah. Can I get it? >> I think everything is right. I'll start with my ID. I can show you my >> Do you have a medical marijuana card? >> No. >> Is there any marijuana, hemp, low concentration THC, anything that would cause the odor to be emitting from your vehicle? Like you said, you said it it would no it normally smells like that. Is that what you're saying? >> car, yeah. It's really not weed. Okay. >> You say Do you just smoke a lot, or do you have a Do you commonly have weed? >> I don't smoke a lot, but when I smoke, I try to do it in my car. So, that's why. >> Okay. >> Under Florida statute section 316.2953, a windshield tinting violation is a valid independent basis for a traffic stop. That alone gave the officer full legal authority to make contact with this vehicle. The second stated reason, the odor of marijuana, is where the legal weight shifts. Florida courts have consistently held that a trained officer's detection of marijuana odor establishes probable cause under the Fourth Amendment's automobile exception, first articulated in Carroll versus US, 1925. That automobile exception means no warrant is required. Once probable cause exists, the officer may search the entire vehicle, every compartment, every container, and every area where contraband could reasonably be found. This authority extends to passenger's belongings as well. The US Supreme Court confirmed in Wyoming versus Houghton, 1999, that a probable cause vehicle search is not limited to the driver's property. A passenger's purse or bag is fair game. >> This is the registration. I have the insurance on paper, but I even if we we move I can show Geico, but I'm going to go look it up in that phone. >> All right. You got what? You got to look on your phone? All right, so you can put that stuff away for me. And then make me get out. >> All right. All right, both of you guys everybody get out and just sit get in the front of the car. >> You get out of the car. How old are you? >> I'm 19. >> You're 19? >> My 26 cousin. 19, too. And then my cousin. >> How old are you? >> 14. >> Okay. Will you run them for me? I'm going to go ahead and search the car real quick. It smells like weed, so. Hey, man. Will you just keep an eye on this while I just search this real quick? Thank you, sir. Who was up front? Who was in the passenger seat? Were you? Can you stand up for me? Do you have any more on you? Any anything else? >> I got some strawberry. It's in my pocket. >> In your pocket? Okay. Where at? I was like I feel it. >> Something is in here. >> Oh, all right. >> I got a hole in the pocket of my >> Turn off for me. I'll let you fix it here in a second. You know, you just have baby [ __ ] on you. >> Yeah, you can change too. I'm all good. You're good. You're good. Just careful there. >> Yep. Sorry I got you hurt. >> Okay. >> All right. Give me your bag now. You want all of them or just her? >> Uh all of them. It's all of them because of the uh the the 14-year-old in the back of the joint there. I don't know that it's hers, right? Right? >> Okay. >> I'm not looking to try and >> Yeah, yeah, yeah. Okay. You have baby [ __ ] on you. You want to lift it up for me? >> What's up? What's up? Let me take him real quick. The only thing I shouldn't have in my pocket was just a pen, so you can take that. >> Oh, I'm sorry. Man, I stopped you and then you tell me there's nothing in the car because you got your cousins in it and stuff like that. That's not the case, man. Like All right. Turn around. Let's go back up to the front of the car. Where Who had the switches? >> It was in her pants. >> Oh, hers? Okay. Yeah. She had a She had a bunch of pre-rolled ones, so >> Those weren't mine. Those weren't mine. >> And then the So, hey. There's a joint in that back door, okay, where your 14-year-old cousin was, okay? >> didn't know that. Honestly, I didn't. >> Like that >> I understand. I'm not >> That's the kind of business ladies problem, man. >> No, I'm not going to lie. I'm not taking risk but I do. >> Okay. >> All right, you want to show us if you're not smoking drugs or anything. >> That's our 14-year-old girl and she's in the army. They're good. Trust me. >> She's 14. Who's in the army? >> She's in the 14 and she's going to be in the army. She's in like her fourth year in high school right >> That That US can go ahead. That's her little cousin. We know if you fight for anything because that's our stuff. >> Yeah, I'm not looking to jeopardize I'm not looking to jeopardize anything, okay? Yeah. >> They have problems with >> We're going to talk to you guys, not them right now, okay? >> Okay, good. >> So, I just got to make her make a quick phone call. >> Okay. >> Um So, we just hang out with her for a second? >> Yeah. >> Before the search produced a single gram of evidence, the driver began volunteering information. He was not under formal arrest. Miranda had not attached. His statements were entirely voluntary and under Berguis versus Tompkins 2010, entirely admissible. The Supreme Court held in Berguis that a suspect must affirmatively and unambiguously invoke the right to silence. Simply staying quiet is not enough. If the suspect starts talking without invoking, everything said is admissible as evidence. The driver's own words establish knowing possession, the core element of Florida statute section 893.13 subsection 6B, possession of cannabis under 20 g, a first-degree misdemeanor carrying up to 1 year in county jail and a $1,000 fine. The items found during a lawful pat-down of the female passenger supported a separate charge under Florida statute section 893.147 subsection 1, possession of drug paraphernalia, also a first-degree misdemeanor. The marijuana found inside the female passenger's purse required establishing constructive possession. Florida courts define this as knowledge of the contraband combined with the ability to exercise dominion and control over it. Her personal identification found inside that same purse made both elements straightforward to prove. One legal context worth noting, Florida's Amendment 3, passed in November 2024, had not yet taken effect on this date. Marijuana possession remained a criminal offense under Florida law as of March 2025. >> Squire, hang out. I'm going to ask Destiny something. Squire, come here. I just got to ask uh so are we doing the 10-10 possession on her phone? >> Mhm. >> Yeah, we are. >> Okay. >> I wasn't sure if we did 10-10 possession on her. >> I'll do it. I don't care. Or you can uh it doesn't matter. I can type it out. >> Give me a set of cuffs. Thank you. Turn around for me, everybody. >> Are we both going to keep going? >> What? >> Will you take my cuffs? >> Turn around for me, everybody. >> She too? >> Yep. We have a zero-tolerance policy. >> So what happens with the minor? >> Uh we're going to make a school call. So and we're going to So the 16-year-old has a has a license, okay? >> Okay, can she take my car? >> I'm going to ask you, do you want me to allow her to take your car? >> For sure, for sure. >> Okay. Do you want her to take your jewelry? Uh he ain't he talked to you. Do you want her to take >> My jewelry, like this? >> Like your bracelets and stuff. >> Yeah, take all that stuff, yeah. I'd rather go like that. >> You want to take my car? Looks like you want to allow her. >> Yeah. >> For this? >> I'm going to take it >> Here, I'll take it off. We have a zero-tolerance policy. Step back a little bit. >> Step back a little >> Stand right there, miss. Do you want your hair up? >> Yeah, yeah, yeah. >> Okay. I'll put it on my wrist until we get your purse with your stuff out, okay? Do you want your phone to go with you? >> Uh I need my sister's phone. >> Uh my phone >> It's on the floor, right behind you. >> Oh, can I can we leave my phone in the car, too? >> Yep, that's fine. Do you want me to take it with you? It's up to you if you want to take it with you. >> Am I going to be able to I don't know where I'm going. I don't know if I'm going to jail. I don't know if I'm >> to go to jail. You're going to jail. >> Okay, babe. >> So, do you want You can have this and then get your numbers out of it when you go. Do you want that? >> I know mommy's number. We know only mommy's number. My grandparents, I know it. Leave my phone, right? I don't want to lose it or anything. >> Yeah, leave your phone. >> Can we Can we make a Can we make a call to her uh mom and so that way she knows what's going on with her? >> Yeah, I can do it. I can text my mom. >> Can you Can you get her on the phone and talk to Okay, do you have Do you have service? >> Yes, I do, man. >> Okay, what's your phone or the thing? >> Can you do me a favor? Can you please zip this up for me? >> This? Do you want your hair up? >> Yeah, leave it leave it down. Leave it down. But can you zip it up? >> Zip it up? Yeah, yeah, yeah. Hold it right there. >> I just don't want to go there, you know? >> Yep, yep. No, you're good. Yeah, it's zero tolerance. >> Just tell me. >> She's so many criminal. Who said you take it >> But I do want to know something. What's going to happen to us? Please, can you tell me >> We're going to stay there and >> I don't know. Why why am I going to jail for? >> You're going to jail uh probably possession of marijuana under 20 g, possession of paraphernalia, and then you'll end up probably getting out on >> is paraphernalia? >> Uh so, the rolling papers or like the um >> Like the stuff that is used to roll like joints or Okay. >> So, he he probably has rolling papers. I don't know if I don't you have her own papers, so >> Everything in that purse is mine. >> Okay. >> Everything in that car is mine, please. >> It's just >> It's unfortunately it's in literally in her purse. And that has her name and stuff like that in it, so that's the reason why she's going is cuz you can't take >> Why he want to do the same thing every day and do the same thing? >> The weed that's in the Hey. >> But if you see us being like this is because we're twins, okay? >> It's cool. I don't mind talking to you guys. But the weed that's in the center console, this is your car, so you're responsible for the weed that's in the car. >> So if So the car her purse is in my car as well. >> Yes, but it's clearly hers because it has all her identification. >> Wait, well, the weed doesn't have a name. The weed doesn't have an identification. I'm the owner of the car. He's telling you that that weed right there is mine in the purse that's in my car. >> I'll I'll I can add a note to the report for that she's claiming all of it. Do you want to be under arrest? >> All right, so we're going to go to his car, that's right there, and then I'm going to have you guys just slide over, okay? >> Okay. >> Guys, keep walking. Can't block the sidewalk. All right, we're going to walk >> Yeah, I guess they are. >> Yeah, we're recording. >> No, not yet. Keep >> Oh, okay. No, you're good. We're going to go this way. Let me go that way. >> They can leave now after we leave, right? >> Yeah, I'll get them out of here in just a second. >> Can you slide so cheap? Wait, wait. >> Should I go over there? Are you good? >> Yeah, we're all cleaned up. >> Yeah, waiting for you. >> Good. >> Sophia. I need help with this, please. >> No, you guys are twins. >> I need you. Can you show the adult and a female 10-52? >> I will be 10-20. >> Yeah. They're twins. >> I think I'm a 10-20. >> No, they're staying at the beach. >> 12-7? >> Yeah, okay. >> Yeah, they're at the beach. >> Yeah. >> We're getting No, no, we can ask for it. >> Okay, then give us a hi. I mean, how you feeling? >> I feel like there's so many criminals and we are back here. But right now in this street there's really like maybe seven criminals, seven real criminals. More than seven. >> And we wanted to >> Somebody having a seizure. Let me make this up. >> 11 copies. >> You guys like Bad Bunny? >> Yeah. >> I'm not going to bump it, but is this volume fine? >> Yeah, that's fine. Thank you. >> Car 11, you copy uh suspicious person, a man in a wheelchair. 115 North Orange. There was a disturbance at phase two location 2608 Hillsdale Street. Somebody was screaming. >> Oh, yeah. >> I'm going to [ __ ] somebody. >> Huh? >> I [ __ ] somebody. I [ __ ] you. You thinking about [ __ ] right now? >> How long we going to bro? We have to wait for our judge day. It can take time. I don't have my phone, right? You left it, right? >> Yeah. >> You know who's going to be worried about most, right? This is bad. He being her family won't think we're horrible. What do you think? >> But we're technically not going to be in jail, right? We're going to be in like a >> No, we're going to go to jail. >> going to go to jail. Oh, jail jail. Oh my goodness. Yeah, you're going to go to jail. >> I'm going to be in a room with >> a bunch of strangers. >> A couple them or a bunch? >> A bunch. That's also in jail. >> No, you can't say about prison and jail. Prison is different than jail. >> Yeah, yeah, prison is different than jail, yes. >> Prison is when they give you when you have to >> That's when you get sentenced. Yeah, so you just go to jail today. Just county jail. >> Now for the grades. The officer receives a B plus. The stop was legally grounded on two independent bases. The search was properly scoped under established doctrine, and de-escalation throughout was genuine. The one gap was the absence of an on-camera Miranda advisement before subjects began making incriminating statements. The driver receives a C plus, cooperative and well-intentioned, but he made the single most consequential mistake possible during a police encounter. He talked extensively, voluntarily, and without invoking his rights. His words became the prosecution's evidence before the search even started. The female passenger receives a B. She complied throughout and maintained composure under pressure. However, carrying paraphernalia in a vehicle also transporting a 14-year-old, combined with the items in her purse, created a constructive possession case that was difficult to contest. Every police encounter carries legal risk, regardless of fault. This interaction produced five lessons that apply to any civilian in any state. Understanding them before you ever see flashing lights is the only time they are actually useful. Lesson one, your car's odor is evidence. Marijuana smoke can linger in a vehicle for days or weeks. Under Florida law and most state courts, that odor alone justifies a full warrantless vehicle search. Clean car, clean air, clean stop. Lesson two, stay silent. You have an absolute Fifth Amendment right to remain silent. You are not required to explain smells, disclose habits, or account for your choices. Anything you say can and will be used against you. That is not a formality. That is the law working exactly as designed. Lesson three, the automobile exception has no meaningful limit. If an officer has probable cause to search your vehicle, every inch of it, including every passenger's belongings, is subject to search. No container is too personal, no bag too private, once that threshold is crossed. Lesson four, a minor changes everything. The presence of a 14-year-old in a vehicle where controlled substances are found triggers mandatory reporting obligations, zero tolerance enforcement policies, and significantly increases consequences for every adult in that car. Lesson five, claiming ownership does not transfer liability. You cannot say everything is mine and legally shield someone else from prosecution. Courts look at physical evidence, personal identification, and dominion over specific property. Good intentions do not override evidentiary facts. The legal outcome here was determined long before the handcuffs came out. It was determined the moment the driver chose to speak instead of invoking his right to remain silent. If this analysis gave you a clearer picture of how these encounters actually play out under the law, share it with someone who needs to hear it. Subscribe to our channel for more real body cam breakdowns with the legal depth that most coverage never gets close to.