is he under arrest y want do y'all want to sit together is he under arrest time investigation excuse me is this man under arrest officer been able this this [Music] stop on April 8th 2023 Florida Fish and Wildlife officer Austin was driving on i295 when he observed that great BMW failing to maintain Lanes accelerating heavily and cutting in and out of traffic officer Austin then activated his cherries and berries and conducted a traffic stop during the initial contact the officer observed the man eating a bowl of food as well as the car wreaking of cologne how you doing how you doing doing all right sir so I'm officer Austin State Police reason I stopped you is I was following behind you you're having trouble maintaining and then when you came up to that red light you sat there while I was green for a good while so I was I was following you a good ways and you were for at one point you were driving in the middle of the road another point you were starting to Swerve back and forth so you're having trouble maintaining Lane so do you have your uh license registration and proof of insurance which you uh which youve been up to tonight okay hanging out with your uncle have you had anything to drink or anything tonight I just dropped okay well I'll be back with you just hang tight officer Austin returns to his patrol truck where he's informed by Dispatch that the driver has a gang affiliation and they would be calling for additional officers our computers are taking a little bit um so what I'm going to do is I just I need to make sure that you're good to drive right so I'm going to run you through the regular seated battery okay um it's just basically checking to make sure that you're not or anything like that all right like I said I just saw you not being able to maintain Lanes could you step out what we'll do is I'm not I'm wa right here wait for my friend you doing some weird bro okay weird doing some weird so you're just gonna I'm for my friend to come because you you wait you waited for all these cars to leave you waited for every car that was over here to leave so hey yeah I know calm down it's all good yeah I know all right well then sit tight for me are you his friend I am okay yeah if sir if you don't mind stepping out so we can do the see battery as f sfsts um basically just checking and make sure you're good a job all right so you're just doing like a DUI test basically do you mind coming uh what what what am I what am I doing all right like look at all this look at all this what is what is all this for man all right so if you don't mind I'm just going to pat you down real quick and then I'm going to take you to the back of my truck sit you down we're going to do sfss on you okay you don't have any weapons or anything on on you here let's go back to the back of my truck I'll sit you on the bed real quick all right so please sit straight at the front edge of your seat put your arms down at your side place your feet shoulder width apart so that you're comfortable and stable please sit straight at the front edge of your seat put your arms down at your side the front edge of whose seat the back of your truck the back of your truck on my car no I'm serious where you're sitting right now bre get out of the way you know what I'm saying like he's saying sit sit sit frge who a full car like the back of your truck or car just just a truck right here just just right on this bed come on look at all y'all watching like y'all think this comfortable for anybody plus your feet shoulder width apart so that you are comfortable and stable my feet shoulder withth apart like this yes I'm I'mma ask you whatever you asking me is this shoulder withth apart yes that works all right cool all right are you stable yeah I'm stable okay do not move your feet until the tasks are over uh stay in this position do not do anything else until I tell you to do so do you understand yes okay so I'm going to check your eyes hold your head still follow the stimulus which is going to be my pen with your eyes only do you understand I see I see flashing lights behind me how you want me to look at your lights when I'm looking at flash lights behind me turn those lights off so I can focus on your light M cutting those lights could you come watch me could you watch this for me baby yeah I will cuz I like I said they already have all lights flashing bro so this is got light over here I need to be able to see p light which one the pen watch the P yes sir I need to be able to see your eyes okay that's why I have the light on the side right all right obviously the officers are getting frustrated with the man because he's invited his girlfriend to the scene of a DUI investigation and the man is being extremely uncooperative during sfsts but honestly I think I would be too let's put ourselves in the Man's Shoes For a Moment essentially making us a 40-year-old black man you would you never wanted to be a 40-year-old black man I know I do trying to make a serious video shut up so some picture where our black eyy you've been pulled over for suspicion of a DUI within 10 minutes there's eight additional officers on scene from two different departments and you're being asked to perform seated field sobriety tasks which is a test primarily given to boers and people who are unable to stand due to injury age or extreme obesity and they're designed to test one's cognitive function instead of balance and if you're familiar with my videos you'll know that most sober people struggle with this test so that being said this man isn't a boat captain and he appears to be in great physical shape why is he not performing the walk and turn test a test that 99% of Americans are familiar with so make a fist with both hands extend your index fingers and turn your palms forward so it'll be like this okay so and it'll be down to your side uh when I say begin til your head back to about a 45 degree angle and close your eyes I'm going to demonstrate for you okay all right so I'm not going to close my eyes for officer safety but what you're going to do is you're going to have your head tilted back at a 45 this this is about it you're going to have your eyes closed okay here come here for a second baby come here sir I I really want to get these through so I'm not wasting your time when I tell you to touch the tip of your nose with the tip of your index finger and immediately return it to your side so the tip of your finger so this is the pad this is the side I do I got to do the exact tip of my finger point point point on my point on my tip so I don't get this wrong point I'm not going to do that I'm poting on my ti come right there see not the fingernail the tip that's the ball that's a side that's the tip when I say right you must touch your right index finger to your nose when I say left you must touch your left index finger finger to your nose do you understand y okay begin which what I'm doing you said when you say right I do right when you say when you do left I do left which one do you want me to do first did you did you hear that he said when I do when he tell me to do right I do right when you tell me to do left I do left which one do you want me to do I said begin begin which one right question get in the starting position which one the starting position what's the starting position bro you expain it to you so tell your head back to a 45 de you want me to do as I said before this test is all about cognitive function a common tactic that I've witnessed officers use is saying begin and then pausing for several seconds before saying left or right generally making the subject break position or ask questions ultimately making them fail the test last thing I'm going to say this test is not supposed to be administered on a tailgate you see how his legs are are kind of just swinging there the subject's feet are supposed to be stable on the ground and his butt needs to be at the edge of the seat enabling him to put his hands by his sides you said when you tell me to do it which one which hand am I doing first which hand am I doing first stop calm down no you calm down which hand am I doing first you have to you have to get to the I'm a Navy veteran which hand am I doing first tilt your head back to 45 which hand am I doing first these are your these are your directions which hand am I doing first if he refuses he refuses we're confused I'm not youus we confused hey hang tight what's the start position y'all so he's refusing to do the tasks I couldn't see any uh couldn't see any um hgn though wasn't able to really see any movement in his eyes so I can't tell when it comes to that but as we were driving he was zigzagging he was driving in the middle of the lane sat at a green light forever what are your in my instincts are saying that he probably needs to blow but it def I don't know if it's alcohol or if it's drugs I just I'm not Dr we're going to try to restart that task all right I want to get through these for you no no no no you don't you trying to me over what I'm trying to do that's why you went over there for for nothing do I got a gun do I got a gun five I don't yeah I know I know you know count what am I doing I did everything y asked me to do from the Army veteran I'm a Navy mother I don't I don't give a I'm a do you want to continue doing the all standing on continue doing the sfss what am I doing you making me do the same test more than once I'm trying to carry no no no you don't get it he making me do the same test more than no I get it but what I get is that because they're making you do the same test more than once that's got me ma'am can I talk to you second just let me go home can I talk to you for a second not want to talk to my friend not want talk to my friend come up here man I'm trying to get toate yeah yeah no that's cool come here come here so I think that what would be helpful okay why why you making me do the St more than I already directly why am I do ask to do let him do what he needs to do communication stay over here okay thank you very much how many times I did the same test okay I know how many times did I do the same test two or three times that's all we need right now baby we good come on over how did you were you in the car with him you don't have to do that come here come here you don't have to talk come on y actually no I don't you're good so so so listen listen listen listen listen he's not being arrested orders come here I used to work no stop talking I used to work for Homeland Security I know my rights list okay we follow the orders we follow the orders let him do what he needs to do okay you're you're interfering right no you're not we follow orders no you don't get it we follow over here please come over here please all right a here here here a start listening to what I'm talking about all right come on come on come on over here come on over here let's go hey need to start listening to you're separate people no no hey hey shut up shut up me you all are separating people on purpose and I'm not stupid with me you're interfering I'm not interfering with this is reg stuff this is a regular traffic stop he obviously isn't Under the Influence it's very clear to see stay with me stay with me sir I get off me come here let's go come over here please come over here please sit down go back over here with him go back over stop doing all that come here I'm telling you come here hey I did the same stay with me let's go come on you good list listen you're good stay with me we're good I did the test already listen listen I passed the you watch me pass the test you watch me you watch me come with me please you stay with me you stay with me you stay with me you stay with me here I'm staying right line I don't TR I don't TR you okay thanks you made me doest three times I pass I'm arrested you see that you see you see this right you're not under stick with me stop with them don't you don't need to talk to them list listen listen listen listen no no you up listen please talk talk to the officer all right let me go home off close over here let us go' over here I need so Nick she's interfering with your investigation right let's have her removed and put in the back of a car right now she's she's she's committing a crime I'm willing to do that for you you hold him and when he calms down ask if he wants to continue with your your fiety exercises if he doesn't hook him up the the the non-compliance is non compliance they asking questions asking questions put us to work we're here for you put us to work all right you see for his arrest detain him now it's getting out of control if you're doing your nagus I personally do him stand him up so he can you know see that yeah I wasn't able to see anything that's the thing within the Stag but the way he was driving continue ifuse if he's a flight for you flight situation and you have like you know what whatever you establish from yours investigation if you about to 105 you have the PC go ahead and just do what you got to do push it away even if you know if you come to the conclusion that you know maybe you saw the driving that you don't have nice stag you don't smell anything coming off his breath he's just being hostile can let him go man is he under want do y'all want to sit together is he under arrest investigation excuse me is this man under arrest officer been able this look at all this stop look at all this is he under arrest the officer underr the officer has not done what he needs to be able to do so he is not under arrest he's being detained as far as I know for being for for uh sobriety okay for what doing fi sobriety for failing a fi sobriety oring is fiety okay so I'm not sure what what he's done I just walked up no I just walked up I'm not sure what he's done okay so that's what I'm saying if you would please create some distance so that the officer can do what he needs to do cuz right now you're interfering okay all right okay interfering with with this officer being able to do you good baby you good you good down down stay where you at I'm not touching you I'm not I'm talking to you I'm talking to you you stay where you at right now she's in the Fe all right that's it simple as that are not moving a you hav I already passed it I'm not dumb I know my rights I'm a native veteran 22 years you mess up you messed up you messed up you messed up you you messed up you do it more than once you messed up go to rest me go to rest me go to rest me you messed up all these people seven of y'all for four mistake one mistake by him behind your back one mistake by you yep you your hands got yeah I am I'll be out tomorrow you up sure so you might find this interesting in the officer's official report he claims that he was unable to test for hgn due to the man being uncooperative but in the video we can hear the officer say clearly he didn't see any signs of impairment during this test as well as saying he probably needed to blow that day the man was charged with DUI and resisting arrests without violence hopefully this man lawyers up if you enjoyed today's content make sure you hit that like button and while you're down there hit that sub button too [Music]