Get on the ground. YOU'RE GONNA GET TASED. YOU'RE GONNA GET TASED. Get on the ground now. >> Please. >> GET ON THE GROUND. GET ON YOUR STOMACH. >> GET ON YOUR STOMACH NOW. >> GET ON YOUR STOMACH. >> I have a 2year-old. Please. I have a >> You're going to get tased if you move. >> Never go out. Please. 2year-old. I have a 2-year-old. >> St. John's. I'm working on getting security. >> On September 8th, 2023, a St. John's County deputy in St. Augustine, Florida, made a traffic stop that escalated from two minor infractions into a felony arrest, a vehicle fire, and charges that will follow the driver for years. Under the Fourth Amendment, a traffic stop is a seizure. For that seizure to hold, the officer needs reasonable, articulable suspicion of a violation, the standard from Terry versus Ohio. Here, that standard was met twice before the deputy said a word. Florida Statute 316 074 prohibits stopping past the stop bar into a crosswalk. Florida Statute 316 089 requires maintaining a lane. Both were observed independently. Either one alone clears the Terry threshold. Together, they make a suppression challenge extremely difficult to win. >> Hey, how you doing tonight? >> Good. How are you? >> Simple. Hey, I'm deputy going to the sheriff's office. Hey, reason I'm stopping you. Okay, first off, all right, when you were stopped over there at the red light after coming over the bridge of Lions, okay, you were stopped way past the stop bar and your car was completely in the crosswalk. >> Okay. >> Okay. You can't be parking in the middle of the crosswalk cuz if people are trying to cross, obviously they can't walk through your car, right? >> That makes sense. >> Okay. As you were coming down Cathedral over there. Okay. Do you remember when you started drifting over to the left >> and you almost hit that parked car? >> Yes. >> Okay. And then as you turned here, all right, you turned here very quick onto this road, which is King Street. >> Okay. So that's why I stopped you. One, you were parked in the crosswalk up there. Two, you drifted over and almost smashed into that parked car. >> I did not almost smash into the parked car. I'm a lift. I'm trying to get to my customers. >> Okay. Do you remember? But you remember almost hitting it? No, I didn't almost hit it. >> Well, you just told me that you did. >> I did not. I said I moved over to the lane and all of a sudden I was in the lane where I was trying to move over. There's a a parked car that's in the middle of the the white line in the lane. >> Right. Right. But you started drifting over, almost hit it, and you swerved over to the right. >> That's not what happened. >> Okay. Well, listen. I'm just telling you what I saw. >> Okay. And also >> parked in the crosswalk. Okay. Do you have your driver's license, your registration insurance? >> I sure do. >> Can he give this? >> What's that? >> I said, "Can you bear with me?" >> I didn't even say anything. >> It's the light. >> It's just my light. >> I know, but it's a little invasive. >> It's It's not invasive. It >> is. >> What are you saying? She's taking off. She's heading towards She's I don't say George. She's single, too. We're going southbound Cathedral. I'm on Cathedral. I just lost her. It looks like 1023. She's single forward. She's running. >> When the driver fled, the charge structure changed immediately. Florida statute 3161 1935 makes vehicular fleeing and eluding a thirdderee felony, punishable by up to 5 years in prison. A correctable traffic stop became a felony case the moment the car moved. In Illinois versus Wllo, the Supreme Court held that unprovoked flight from police is a relevant factor in establishing reasonable suspicion. Here it went further. The crash and the resulting fire created exigent circumstances that fully authorized both the pursuit and the physical takedown that followed. Force during the apprehension is evaluated under Graham versus Connor, which judges reasonleness from the perspective of a reasonable officer on scene. A subject who fled, crashed, and ignited a fire satisfies that standard for a taser warning and ground control. Get on the ground. YOU'RE GOING TO GET TASED. YOU'RE GOING TO GET TASED. GET ON THE GROUND NOW. >> PLEASE. >> GET ON THE GROUND. GET ON YOUR STOMACH. >> GET ON YOUR STOMACH NOW. >> GET ON YOUR STOMACH. >> I have a 2year-old. Please. I have a >> You're going to get tased if you move. >> Never go out. Please. 2year-old. I have a 2-year-old. >> St. John's. I'm working on getting her secured. I can't give you an address. We're in a sideyard. Please. I I'm never good. >> Put your feet out. >> Never. Please. Please. I'm a good person. Please. Please. I never I never >> She's not security. I'm working on it. >> Put your arms behind your back. >> I never go out. Please. I never done anything like this. I'm scared. [crying] Please. Please. You just made a bad decision. >> I know, but sit up. >> I'll give you an address in a sec. If you keep going north on St. George, I see a tree in the middle. >> Give me a second. Please. I'm scared. >> I'm I'm I'm such a good person. Please, >> St. John start fire rescue. Her car, her motor's on fire. >> You done messed up. >> I'm sorry. >> Look, your car's on fire. >> I understand that. >> I've never done anything in my life. >> Yeah, well, you made a bad choice. What happened? Please tell me what happened. >> What's happening? Look what you just did. >> Look what you just did. >> Look at all this. >> One bad mistake makes up for a >> Do you got anything illegal on you? >> No. Of course not. >> Of course not. >> Take a seat. Well, you have a strap. >> Take a seat. >> He got it. St. John's, I got the fire out. If you can keep fire rescue coming, just check the vehicle and check my subject. >> So, this is house 298. They have posts >> paneling vehicle headlight Toyota. >> So here's her hub cap actually. She's not her. >> No, she's drunk, dude. She raged all the >> I love that you guys got dressed up. >> It brings me joy. >> That ain't going to fit. >> Oh, sorry. >> Oh my god. >> And that's some final destination right there. >> Wow. >> Good morning. Hey, tell me what's wrong with that picture. Yeah, she's she's getting on the plane tomorrow and that's uh >> Oh my >> that'll be the end. >> Look at that. >> That's Final Destination. >> Yeah, >> dude. That would have hurt a passenger. >> Have you seen that movie? >> Oh yeah, >> I have. >> Okay. >> I was going to feel really really old if you didn't. [laughter] >> Well, older. It >> is a baby. >> It's a baby. >> Do you need her to info anything? >> So we can get all that for you. Do you need her for anything else? >> Sorry. Sorry. >> They're going to head out unless you need them. Okay. >> How's your knee feel? >> I just up. I'm fine. I'll heal. >> Okay. Can I see your face real quick? I just want to check to see if you're okay. Let me pull that leaf out of your hair. Sorry. Okay. >> No, that's okay. >> Did you look at her name? Bitty Green is the one whose car you're in. So, he's the one who's going to check for all your stuff and whatnot in your car. I just wanted him to look at your knee cuz you're going to need some stitches in that. And I just want them to know, too. Okay. I >> just do not want to escalate this any further. I >> Well, this is that my dear that that's just medical. See? >> Oh, yeah. >> That's just medical. That's totally separate. They're literally here to make sure you're okay. That's it. So, that's the first thing is are you okay? And then for everything else, we go from there. I just want to let the people know that are at my home that I'm like >> Where do you live at? >> I'm at I have a 2 year I have a 3 and 1/ halfyear-old and a fiance. >> Are they home right now? >> Yes. >> Okay. >> I just want to let them know I'm okay. I've never been in trouble. I got scared. I know what I did. I I I know I made him. >> I just got here so I don't I don't even know what happened. So >> he pulled me over. Yes, >> I've never been pulled over in my life. I'm 30 years old. I got scared. >> I've watched I'll deal with it. I understand. I just >> Are you like you ran on foot or in your car? >> I just Okay. >> Well, I'll go let Deputy Green know. What kind of phone do you have? Is it iPhone? Android? >> It's an iPhone. >> Okay. What's the phone background? >> So, if they see it, they know it's yours. Me and my daughter. >> Okay. So, it's you your face. Okay. I'll go let them know. Okay. I'll be right back. >> When's the last time you slept? >> Uh 9:00 a.m. this morning. >> Like that's when you woke up? >> Yes. >> Okay. How many hours of sleep did you get last night? >> 10. >> How many? >> 10. >> When's the last time you ate? >> Uh 6:30. >> 6:30 >> p.m. >> What'd you eat? Uh, I'm trying to think of dinner. I apologize. Uh, mac and cheese and asparagus and kilasa. >> Okay. And, uh, without looking at a watch, what time do you think it is right now? >> Probably 2:45. >> Um, >> what's up? >> Okay. >> Yeah. Okay. So, um, >> from the time that you woke up this this morning to us talking right now, have you consumed any alcoholic beverages? >> N I I met up with some friends at 9:30. >> Okay. So, about 9:30, you met up with some friends. Was that the first time you had your first? >> And uh, what time do you think you had your last alcoholic beverage? >> I I don't know. >> You don't know? Okay. And um, >> this is the first. >> I understand. It's quite a first. >> No, this is a big >> It's a big first. Yeah. >> Um, >> but I got scared. >> So, about a total of how many alcoholic beverages do you think you've had? >> I wouldn't know. >> You don't know? Okay. >> And uh, >> let's see. >> I decline to answer. >> H I'm just I'm >> You don't want to answer any more questions? >> I'm not sure about that. >> Okay, that's fine. So, here's the deal. You are being placed under arrest for DUI as long as well uh a lot of other charges. Okay. >> Um >> I am requesting you submit to a lawful breath test to determine your breath alcohol content. Is that something you'd be willing to do for me? >> No. >> Okay. I got to read you what's called your implied consent. Okay. So, here's the deal. If you refuse to take the test I requested of you, your driving privilege will be suspended for a period of 1 year for first refusal or 18 months if your driving privilege has been previously suspended or previously fined under 327.35215 for refusing to submit to a lawful test of your breath or blood. Additionally, if you refuse to take the test I requested of you and if your driving privilege has been previously suspended or previously fined under 327.35215 for refusal to submit to a lawful test your breath or blood, you will be committing a misdemeanor in addition to any other penalties which can be imposed by law. Refusing to submit the testing is admissible as evidence in any criminal proceeding. If you are CDL holder or were driving a CMV, your refusal to submit to testing will result in the loss of your commercial driving privilege for a period of one year from today. If this is your second refusal, you will be permanently disqualified from holding a CDL or operating CMV. Do you understand that? I understand. >> Okay. You still refusing a breath sample? >> Yes. >> When something like this happens, what do you typically see as the process? What's that? >> When something like this has happened, what do you typically see as the process? >> Um, it's different for every scenario. Okay, >> that's any recommendations for first timers who know they >> No, I'm not sure if you saw it after your crash. Did you see that fence post impaled your car? >> Did you see that before you jumped out and started running? >> Sorry. >> I saw things, but >> seems surreal to be honest with you. >> A fence post went through your engine compartment through the firewall and impaled into your passenger seat. If that was the driver's seat, you would be dead. If you had a passenger, they would be dead. >> It doesn't make much sense to you. But >> the worst that would have happened is when I initially pulled you over. >> I know. >> Listen, I understand. The worst that would have happened is you go to jail for a DU a single DUI charge. >> I know. I got to own it. >> So, >> I would never have done that. anything. I just I got scared. >> I tell you enough things 65. >> Once in custody, the fifth amendment took over. When the subject said she did not want to answer any more questions, that was a clear invocation of her right against self-inccrimination. Under Burges versus Tomkins, questioning must stop. The investigator complied. Florida statute 3161 1932 establishes implied consent to chemical testing. A first refusal triggers a one-year license suspension. Under South Dakota versus Neville, that refusal is admissible at trial as evidence of guilt. Exercising the right does not make the case go away. Deputy Gary receives a B+. The stop was constitutionally solid on two independent grounds. His post-arrest conduct, addressing medical needs, assisting with the subject's property, and maintaining a measured tone throughout, reflected a level of professionalism that genuinely elevated this encounter. The grade misses an A because the erratic driving before the stop, crossing a crosswalk, and drifting lanes were consistent with impairment indicators. A proactive DUI inquiry at the window, before the subject could flee, could have changed the outcome entirely. The DUI investigator receives an A minus. His interview followed NHTSA protocol. He honored the Fifth Amendment invocation immediately. His implied consent warning was verbatim, satisfying 3161 1932. The deduction is the absence of a visible Miranda advisement on camera. The subject receives a D. The initial infractions were correctable. The decision to flee was not. 316 1935 converted this into a felony the moment she drove away and that choice produced every charge that followed including Florida statute 843 02 for resisting an officer without violence. the sentence, 48 months of probation, DUI school, 50 hours of community service, 24 months on an ignition interlock device, and a one-year license suspension reflects every charge she accumulated by running. Invoking rights and refusing the test were legal. The flight was not. The sentencing math makes that distinction plain. Five concrete lessons come out of this footage, each grounded in what actually happened on camera, and each one maps to a legal or tactical standard that applies anytime a driver is pulled over. Here is what this stop teaches. Lesson one, two independent grounds are stronger than one. The deputy built his stop on dual violations under Terry versus Ohio, which means any challenge to the constitutionality of the stop has to defeat both grounds simultaneously. That is a significantly higher bar for a defense attorney to clear. Lesson two, fleeing is never a neutral decision under Florida law. 3161935 turns a civil infraction into a thirdderee felony the moment the vehicle moves. Drivers who run do not reduce their exposure. They guarantee a felony charge on top of the original stop. Lesson three. The right to silence under the fifth amendment must be claimed clearly and early. Under Burges versus Tommpkins, everything said before an unambiguous invocation is admissible. The subject answered questions about alcohol and time of day before invoking. Those statements were already in the record when she went silent. Lesson four. Refusing a breath test has a legal cost. 3161932 suspends the license automatically on refusal. South Dakota versus Neville makes that refusal admissible as evidence of guilt at trial. Refusing does not make the DUI case disappear. It adds a documented layer the prosecution will use. Lesson five, deescalation after a subject is secured is a professional obligation. Deputy Gary's conduct once the handcuffs were on, separating medical from legal and communicating with proportion and clarity is what the use of force continuum requires. It is also what protects an officer if the arrest is later challenged in court. If there is a legal topic or an interaction you want broken down, drop it in the comments. A thumbs up and a subscribe help us keep this content coming. Thank you for watching.