Law Student EXPOSES Officer’s Corrupt Past And SUES Him In Court!

Ajouté : 2026-06-01

[00:00:00]On July 29th, 2023, a routine traffic stop outside a Burger King quickly escalated into a tense constitutional confrontation between Sergeant McLean and a law student who refused to submit to roadside DUI testing. What began as a simple stop for a defective headlight soon turned into an aggressive impairment investigation after McLean claimed he smelled a fruity alcoholic odor and observed watery eyes. But instead of complying with field sobriety tests, the driver calmly asserted his constitutional rights, refused voluntary testing, questioned the legal basis for the escalation, and forced the officers to justify every step on camera. As the pressure mounted, officers were even caught discussing possible obstruction charges simply because the driver refused to cooperate. By the end of the encounter, no DUI arrest was made, the obstruction theory collapsed, and the entire stop fell back to a basic headlight citation, exposing how quickly constitutional boundaries begin to crack when authority starts demanding obedience instead of evidence.

[00:01:06]>> How you doing, sir?

[00:01:07]>> Hi, how are you?

[00:01:08]>> Sergeant McLean with the Seneca Falls Police. Pulled you over because you have a headlight out on your vehicle.

[00:01:12]>> You know, I was actually wondering that cuz it was a little like you know, it wasn't lit up 100%.

[00:01:18]>> yeah.

[00:01:18]>> Yeah.

[00:01:19]>> Okay. Do you have a license on you?

[00:01:20]>> I do. Yes, sir.

[00:01:21]>> Where are you coming from tonight?

[00:01:22]>> I'm actually just coming from my house to here to get some dinner.

[00:01:25]>> Okay. Everything valid on your license?

[00:01:26]>> Uh oh, yeah, absolutely.

[00:01:28]>> Okay. How many alcoholic beverages you had tonight?

[00:01:30]>> No.

[00:01:30]>> Nothing?

[00:01:31]>> No, sir.

[00:01:32]>> Okay.

[00:01:32]>> Yeah, I was going to get that.

[00:01:34]>> Oh, I thought you were handing that to me.

[00:01:35]>> Oh, no.

[00:01:37]>> Okay. All right. You have registration for the vehicle?

[00:01:39]>> Uh you know what? I I mean, it's it's legit. I just don't have it in here.

[00:01:44]>> Okay. Is the car registered to you, too?

[00:01:45]>> Um I think it's my girlfriend.

[00:01:47]>> Girlfriend's okay. Just want to just >> or the other.

[00:01:50]>> Okay. Just want to turn the car on real fast to see just to verify the headlight is still off.

[00:01:54]>> Yeah.

[00:01:54]>> You just stay in the car. I just want you know.

[00:01:56]>> Yeah, I know.

[00:02:02]>> No, you're good. Uh just the passenger side one.

[00:02:07]Uh you just stay in the car for now.

[00:02:08]Take a look at your license.

[00:02:12]>> Is 03 something good plan it in?

[00:02:21]>> 277814325 >> See you on 8 5 0.

[00:02:29]>> You're all right.

[00:02:30]>> I'm out of service.

[00:02:33]>> Received.

[00:02:37]>> Trying to get your 310.

[00:02:39]>> Is 03.

[00:02:42]>> 2013 Highlander color blue is valid. The registration that he gave me is not valid.

[00:02:47]>> Copy.

[00:02:57]>> Yeah, I think it's under her name or my name. I can't remember which one it's registered under, but >> like it's uh from your Mr. or your wife Cindy or something.

[00:03:04]>> my woman, yeah.

[00:03:05]>> Got you. Okay.

[00:03:06]>> Yes, sir.

[00:03:06]>> All right, you're all good. You said no alcohol tonight?

[00:03:08]>> No, hell no. I don't I don't >> Yeah, okay. I smell something fruity.

[00:03:11]What's that? Is that >> Um I don't know. Probably my Pepsi or something.

[00:03:16]>> Okay, yeah.

[00:03:17]>> Yeah, I don't >> Just got to take a look at your eyes real quick. You don't mind?

[00:03:19]>> No.

[00:03:19]>> We're just looking for impaired drivers, that's all.

[00:03:21]>> Oh, yeah. I don't I don't take those tests.

[00:03:23]No, no.

[00:03:25]>> Why not?

[00:03:25]>> I just don't. I don't take tests, sir.

[00:03:27]>> Okay, well I'm asking you. I'm I'm I'm going to make make sure you're okay to drive your vehicle.

[00:03:31]>> Yeah, no I understand. I don't I don't take tests, though.

[00:03:33]>> Okay, why not?

[00:03:34]>> I don't I just don't. It's no it's no disrespect to you, sir.

[00:03:37]>> No, I have to perform an investigation right now.

[00:03:40]>> Okay.

[00:03:40]>> To make sure you're okay to drive your vehicle.

[00:03:42]>> Yeah, well I don't take tests, sir.

[00:03:44]>> Why not?

[00:03:45]>> I just don't. I mean I I take you know I I am a law student for one, and two I just don't take tests.

[00:03:50]>> All right, step out and talk to me, >> Okay.

[00:03:52]>> Sergeant MacLean starts on legally solid ground. He tells the driver that the reason for the stop is a headlight issue. The driver does not argue. He acknowledges that the light may not have been working properly and provides his license. MacLean asks standard traffic stop questions about where he is coming from, whether the license is valid, and whether the vehicle registration is available. Under Delaware versus Prouse, police generally cannot randomly stop vehicles without at least an objective basis. But here, MacLean has a specific equipment violation. That makes the initial stop constitutionally defensible. Under Berkemer v. McCarty, a routine traffic stop is considered more like a temporary investigative detention than a full custodial arrest, which allows limited roadside questioning without automatically triggering Miranda warnings. But the legal limit is equally important. A traffic stop is not a blank check. The officer may address the reason for the stop and related safety or records checks, but the stop must remain tied to its mission unless new facts support expansion. At this early stage, MacLean has a lawful basis to stop the car, but not yet a strong basis to convert the stop into a DUI investigation. Psychologically, MacLean begins professionally. He explains the reason, keeps the tone calm, and does not immediately escalate. The driver also acts correctly. He remains polite, provides required documentation, and does not create hostility. At this point, the authority structure is still lawful and controlled.

[00:05:27]>> Sergeant 282 116 domestic.

[00:05:32]>> Go to.

[00:05:34]>> 116.

[00:05:36]>> 39 in progress. 3696 Huber Street apartment 500 Jennifer Home and Cant have a physical domestic with her husband, Ryan Home and Cant. She had children present. Had them somewhere outside of Lodi. I'm sure where. She's currently home now over at the 3696 address. Her husband was dropped off at his mother's home 373 Cuba Street.

[00:05:59]That's the home [snorts] address for the mother. He does have access to weapons at both homes. His father's a gunsmith.

[00:06:04]He has been using alcohol and marijuana today.

[00:06:07]There's currently someone knocking at the door of the home.

[00:06:10]They've been there for a few minutes.

[00:06:11]I'm not sure who she says it is. We've advised her not to answer.

[00:06:18]>> 2-12 116 >> 803 Sonica >> 803 >> I'll take one more car, non-emergency.

[00:06:34]>> 803 183 Copy. Direct in the room.

[00:06:40]Sonica 22116 2-12 There is now an individual in the home. We can hear arguing with both parties and screaming.

[00:06:54]Not not sure who it is at this time. The male did hit her hard and knocked her to the ground. Negative 10-4 between either parties.

[00:07:03]2-12 116 This is going to be the male half of Ryan's mother who's in the home with our complainant. She's asked her to leave.

[00:07:12]She's refusing.

[00:07:15]Ryan is currently outside of the home.

[00:07:17]He is not answering.

[00:07:18]>> Hey 2-12, Sonica show me out of these records.

[00:07:21]Where's he?

[00:07:23]>> Tell me he's coming by.

[00:07:25]So, I pulled him over for a headlight.

[00:07:26]>> Got you.

[00:07:27]>> Um I'm smelling some sort of alcoholic beverage. Smells like it's a fruity drink from the side of his vehicle.

[00:07:33]I said I could check his eyes in his vehicle to see if he's on a foreign substance. He goes, "No I don't have to do tests."

[00:07:38]>> He's not doing any tests?

[00:07:39]>> I want to see if you get the same odor when you go up there.

[00:07:43]See >> what you think.

[00:07:43]>> I'm going to go get my flashlight.

[00:07:44]>> Sure.

[00:07:49]Is there a 3016?

[00:07:53]>> 816 >> You mind heading off this way as well?

[00:07:59]>> Appreciate it.

[00:08:05]>> Give you guys that order too. I observed him with glassy watery eyes.

[00:08:09]>> Okay.

[00:08:09]>> I'm saying he's coming here to get food, but I'm trying to see if you get if it's the same food that I'm getting.

[00:08:15]>> McLean briefs another officer and says he pulled the driver over for a headlight, smelled a fruity alcoholic beverage from inside the vehicle, and wanted to check the driver's eyes, but the driver refused tests. He then asked the backup officer to see whether he smells the same thing. Notice what McLean is doing here. He is not simply reporting facts. He is trying to validate the DUI theory through another officer. That is not automatically improper. Officers often corroborate observations. But constitutionally, the facts still have to support reasonable suspicion and eventually probable cause if arrest or stronger seizure follows.

[00:08:53]When the backup officer speaks to the driver, the driver says he does not answer questions. He explains that he feels McLean is accusing him of drinking and coming on a little strong. McLean responds that he is conducting an investigation and repeats the claim about fruity alcoholic odor and watery glassy eyes. The driver gives innocent explanations. Allergies, sinus issues, asthma, and possibly Pepsi or food-related odors. Under Florida versus Royer, an investigative detention must be temporary and no more intrusive than necessary to confirm or dispel the officer's suspicion. Once the driver refuses questions and tests, McLean has a choice. Either build probable cause from independent observations or in the expanded investigation. He cannot keep pressing endlessly merely because the driver will not help him. The psychological shift is clear. McLean's investigation becomes dependent on the driver's participation. When the driver refuses to participate, McLean's control weakens. That is why the encounter becomes repetitive. The officer keeps asking because the refusal blocks the evidence-building pathway.

[00:10:02]>> What are you doing tonight, sir?

[00:10:04]>> Where are you coming from?

[00:10:06]>> I don't answer questions.

[00:10:07]>> You don't answer any questions? Why? Why is that?

[00:10:09]>> Because he's trying to give me tests, and he's accusing me of drinking and driving.

[00:10:13]>> just asked you I asked you a question, sir, to perform sobriety tests.

[00:10:16]>> sir.

[00:10:16]>> I'm doing an investigation right now.

[00:10:18]>> I don't drink, for number one.

[00:10:20]>> Okay.

[00:10:20]>> And you're asking me if I've been drinking, so I don't drink.

[00:10:23]>> Okay. I don't know that. I've never met you before.

[00:10:25]>> Well, I'm a >> It's just an investigation. Make sure you're safe to drive, all right? That's all it >> I understand, sir, but I don't I don't answer questions. And that's no disrespect, but I don't You know what I'm saying at all.

[00:10:34]>> I understand.

[00:10:35]>> I'm just with my family, and I have my family.

[00:10:39]And, you know, no offense, but I feel like you're kind of coming on a little strong.

[00:10:43]>> No, I'm just doing my job, sir.

[00:10:45]>> Just because a vehicle smells fruity >> No, a fruity alcoholic beverage, like I stated to you, sir.

[00:10:50]>> Well, that >> You also have watery and glassy eyes.

[00:10:53]Another Another sign of intoxication.

[00:10:55]>> sinuses. I have allergies. I also have asthma.

[00:10:58]>> Okay. Okay.

[00:11:00]Does that Does that cause your eyes to get watery and glassy?

[00:11:02]>> Absolutely.

[00:11:03]>> Cuz I also have asthma.

[00:11:04]>> Absolutely. Sinuses >> Okay. But you have no issue Well, if you're not drinking tonight, there's no issue with taking a test.

[00:11:09]>> I won't take that, sir. There's just I just won't do it. I'm sorry.

[00:11:13]I'm sorry.

[00:11:14]>> Okay.

[00:11:14]>> Do you have a supervisor?

[00:11:15]>> I am a supervisor on scene.

[00:11:16]>> Do you have a supervisor?

[00:11:18]>> I am a supervisor working right now.

[00:11:19]>> Okay. Do you have one available?

[00:11:21]>> No, I don't. I'm I'm a supervisor right now, sir, on the shift.

[00:11:24]>> Okay.

[00:11:25]>> I'm asking you to exit to make sure you're okay to drive right now.

[00:11:27]>> I'll exit, sir. I'm not I'm not, you know, I'm not going to just not cooperate.

[00:11:31]>> And I appreciate that.

[00:11:32]>> You want to exit >> I I I want you to exit to make sure you're okay to drive. I'm giving you a lawful order to exit your vehicle to make sure you're okay to drive, all right?

[00:11:40]That's all I'm doing.

[00:11:41]>> Do you want my wallet?

[00:11:42]>> That's don't You don't need your wallet or anything.

[00:11:43]>> Again, I'm not taking any tests, so that's why I don't know what what you're You're okay to put this in my Is this okay to >> have an onion, nothing?

[00:11:51]You might as well just put that down for our safety, all right?

[00:11:52]>> yes, sir. I don't I don't I don't >> going to be a non-issue for safety, Jeff.

[00:11:55]>> I don't I don't comply.

[00:11:56]>> It's just going to be Put that down for our safety. That's all it is.

[00:11:59]>> If you have >> I I'm not going to hold anything, okay?

[00:12:01]>> Go ahead. If you have to do it, this is embarrassing.

[00:12:03]>> It's not embarrassing. It's for our safety, sir.

[00:12:05]>> in this town.

[00:12:06]>> It's nothing against you. If you get out of the car, I just want to make sure that's your wallet.

[00:12:11]That's your That's just put your wallet in Okay.

[00:12:12]>> I don't answer questions, sir.

[00:12:13]>> I'm just I'm just double-checking for our safety. So, what I'm asking here is if you have had any alcoholic beverages tonight. I'm getting clues of intoxication.

[00:12:21]>> sir.

[00:12:22]>> I understand that.

[00:12:22]>> drink. If you're getting any clue of intoxication, you need to go back to school.

[00:12:26]>> I've been a cop for 8 years. I know what signs of intoxication are.

[00:12:29]>> being honest with you.

[00:12:30]>> Okay. Well, I don't I don't know I don't >> I don't know that. I've never met you before. I'm being honest with you.

[00:12:33]>> People have told me a lot of things in the past.

[00:12:36]All right. So, what I want to do is check your eyes to make sure you're okay to drive.

[00:12:40]>> not doing that, sir.

[00:12:42]>> Would you be able to walk for me?

[00:12:44]>> No, absolutely absolutely not.

[00:12:46]>> Okay.

[00:12:47]Why is that?

[00:12:48]>> that you think I >> No, if you had nothing to drink tonight, this would show that you have had nothing to drink.

[00:12:52]>> Sir, I'm not doing that.

[00:12:54]>> After the registration comes back valid, McLean tells the driver, "You're all good." But immediately pivots to alcohol. "You said no alcohol tonight?"

[00:13:04]The driver says no. McLean then says he smells something fruity and asks to look at the driver's eyes. The driver refuses tests and says, calmly, that he does not take tests. This is the first constitutional pressure point. Under Terry versus Ohio, reasonable suspicion requires specific, articulable facts, not a mere hunch. The Supreme Court allowed a brief investigative detention when an officer can point to objective facts suggesting criminal activity may be a foot. Here, the question is whether fruity smell plus watery eyes is enough to justify continued DUI investigation.

[00:13:42]McLean may investigate impairment if he truly observes signs of intoxication, but the weakness is that the facts are ambiguous. Fruity odor could be a soft drink, food, delivery items, candy, or many non-alcoholic sources. Watery eyes can be caused by allergies, fatigue, smoke, weather, sinus problems, or medical conditions. The driver also denies drinking. Most importantly, refusing field sobriety tests is not obstruction by itself. Field sobriety tests are investigative tools designed to produce evidence. A citizen can decline voluntary roadside performance tests, even if that refusal may influence the officer's assessment. The government cannot transform refusal into guilt without more.

[00:14:28]>> Why is that?

[00:14:28]>> Cuz I do not I've been through law school and everything else. I do not comply.

[00:14:33]>> You do not comply with a lawful order?

[00:14:35]>> Sir, I answered your question. What I'm giving you is a a lawful I'm giving you Sir, I'm I'm telling you you're giving me an order to take a test.

[00:14:44]>> I'm advising you to take sobriety test to make sure you're >> Sir, I will not take a test. No disrespect. I have >> We're not trying to disrespect you, either.

[00:14:52]>> You are because you you keep asking me multiple multiple times.

[00:14:55]>> Sir, we have a job to do, okay? That's all it is. It's no disrespect towards you.

[00:14:59]>> I answered your question, sir.

[00:15:00]>> We get lied to every day.

[00:15:00]>> I will not take any test.

[00:15:02]I will not and and there's no disrespect. I have a lot of friends that's on enforcement, you know what I'm saying? I would not disrespect them that way.

[00:15:09]>> We appreciate that. We're not trying to disrespect you, either.

[00:15:10]>> I do not take tests. I do not. In fact, I've dealt with you before on previously. Is Is this >> when I dealt with you?

[00:15:17]>> on Rittmer Lane um before I you came to my house um asked me a bunch of questions. Also >> You know, again >> Oh, was that about that was that the Uber thing?

[00:15:29]>> Yes, sir.

[00:15:29]>> Okay. I do recall that. Okay.

[00:15:31]>> And I was more than respectful to you.

[00:15:33]And and I and I appreciate you I'm a little nervous because here I am at Burger King getting dinner for my family, you know, and I get nervous when I speak to cops because I just I get it, but you pulled me over for a headlight.

[00:15:46]>> That's correct.

[00:15:47]>> Okay. Now you're now you're pushing it.

[00:15:49]You're you're saying >> saying that.

[00:15:50]>> You're saying I'm claiming fruity alcohol. You're you're saying something that smells fruity.

[00:15:55]>> I smell fruity alcoholic beverage.

[00:15:56]>> I deliver things. I deliver groceries for Walmart, so maybe something I don't know. You know >> have watery glassy eyes. That's a sign of intoxication.

[00:16:03]>> Many people have that, sir.

[00:16:04]>> Okay. Well, I don't know. I never >> Just because somebody has glassy eyes doesn't mean anything.

[00:16:09]>> Yes, it's a it's a sign from our training and experience. That's a sign of intoxication.

[00:16:13]>> Okay. Well, okay. So, what are you going to do with this, sir?

[00:16:16]>> Just sit tight. We're going to see if we can get you a ride.

[00:16:18]>> I'm always done.

[00:16:45]>> All right, man. There's no disrespect between me and you. I'm just I'm just doing my job.

[00:16:50]You don't want to perform tasks.

[00:16:51]>> No, sir.

[00:16:53]>> I would try to understand. You don't have to if you choose not to.

[00:16:56]>> And again, it's no disrespect. It's just I know my you know, I know my rights.

[00:17:00]>> Right. Understood.

[00:17:01]Understood. So, I'm going to write you a ticket for the headlight, okay? Do mind just stepping back in your car for me, please?

[00:17:06]>> Absolutely.

[00:17:07]>> So, I can get that going. Just hop back in the front hop back in the driver's seat.

[00:17:10]>> I just want to let It's so weird.

[00:17:17]Cuz I just literally replaced that one back like >> Right. Okay.

[00:17:22]>> But you can do that. You can go home and get it fixed and you >> Yeah, it wasn't it wasn't too long ago.

[00:17:27]>> Okay.

[00:17:30]>> So yeah.

[00:17:31]>> I'll be a fix-it ticket for the headlight and then you'll you'll have until Monday to get it fixed on.

[00:17:35]>> Till Monday?

[00:17:36]>> Yeah, cuz it's it's usually the next business day but since >> do I do with that? Do I bring it to the sheriff or not sheriff?

[00:17:42]>> go literally you can go to any you can go to a mechanic to sign off on it, okay, a law enforcement officer.

[00:17:49]>> You're going to write me a ticket just for that? For real?

[00:17:52]>> That and we're doing traffic enforcement tonight.

[00:17:54]>> pulled me out here all this time to write me a ticket for that?

[00:17:56]>> Doing doing traffic enforcement tonight.

[00:17:58]>> buddy. What's your name, sir?

[00:17:59]>> Sergeant McLean.

[00:18:00]>> Can you have a card?

[00:18:01]>> I do have a card. It'll be on the My name will be on the ticket as well.

[00:18:03]>> All right, sir. I appreciate it.

[00:18:05]>> Thank you.

[00:18:06]Appreciate you guys.

[00:18:07]>> After repeated pressure, McLean finally says, "You don't want to perform tests, which I understand. You don't have to if you choose not to." Then he says he will write the headlight ticket. This is the first authority collapse moment.

[00:18:20]McLean's own words weaken the earlier claim that the driver was refusing a lawful order. If the driver doesn't have to perform the tests, then the refusal cannot honestly be treated as obstruction or disobedience by itself.

[00:18:34]This also brings Rodriguez versus United States into the center of the analysis.

[00:18:39]In Rodriguez, the Supreme Court held that a traffic stop may not be prolonged beyond the time reasonably required to complete the mission of the stop unless independent reasonable suspicion supports the extension. The case involved a dog sniff, but the principle is broader. The mission of a traffic stop controls the permissible duration.

[00:18:59]Once McLean decides to issue the headlight citation, the constitutional question becomes sharper. What legally justifies any continued detention? If the DUI suspicion has not matured into probable cause and the driver refuses voluntary tests, the officer must either rely on independent observations or end the seizure. The footage shows the officer backing away from the stronger DUI path. That does not mean his initial questions were automatically illegal, but it does show the investigation lacked enough force to support arrest at that point.

[00:19:36]>> I I I was calling to see if we could do a possible obstruction charge for >> Yeah.

[00:19:40]>> for not wanting to provide >> No, submit to still uh standard field sobriety test.

[00:19:47]You you can't do an obstruction charge.

[00:19:49]>> He got back and away from me, so I don't >> So, did you get I got a whiff of like a fruity alcoholic beverage? And I I Yeah, that's that's the odor I was getting from the vehicle, which is what I explained to him. And then his eyes were glassy and watery.

[00:20:00]>> I couldn't like he got back and kind of backed away from me when I was trying to talk to him.

[00:20:03]>> Right. Okay.

[00:20:03]>> And then but he wouldn't like I couldn't get a strong enough >> steadying himself on the hood of the car. He's talking to us. He kept touching his >> But his eyes were glassy and watery.

[00:20:11]>> He's claiming allergies. I >> My odor out of the car wasn't strong enough for me.

[00:20:17]>> It wasn't strong enough, but did you get a strong odor off the car?

[00:20:19]>> smell it.

[00:20:20]>> So, I don't know I don't know if he's He says he delivers food or whatnot, so it could be some sort of food he's delivering. That's what he's claiming.

[00:20:27]>> Uh the RO supervisor is going to be >> I tried calling the DA, but they didn't They didn't answer their phones. Uh I was going to call for an obstruction OWI charge cuz I'm asking for rights.

[00:20:37]>> Mhm.

[00:20:38]>> Sobriety test.

[00:20:39]Then I called the lieutenant Clark, and he said that they don't have the past, and they don't it's not something they could >> that you just cut your losses then? Cuz I mean, he could be a he could be a point one oh right now.

[00:20:49]>> That's I I It's hard to tell. It's like you're 50/50. Is that something you're going to take him back and arrest him for? Um So, >> What's his history of OWI arrests?

[00:20:59]>> Yeah. He also said that if you feel like he's kind of on the on the fence, you can have them call license operator an operator to come pick him up.

[00:21:11]>> He won't do that though.

[00:21:12]>> I just got him a headlight ticket.

[00:21:14]>> All right. Can I just hang out?

[00:21:15]>> Yeah, just just one of you guys can hang out if you want. You're in North Carolina.

[00:21:21]Yeah, you can hang out then.

[00:21:21]>> I I was going to animal problem. I'll take care of that.

[00:21:23]>> Yeah, if you want that's fine.

[00:21:27]You know this guy?

[00:21:28]>> I went to school with his daughter, yeah. And his younger kid, younger son.

[00:21:32]I don't I mean I don't know him, you know.

[00:21:34]I just know him from >> Pretty ridiculous though, but I mean >> Valid.

[00:21:40]>> stopping anybody from just refusing a test.

[00:21:42]>> So, he I smell the odor of >> Yeah.

[00:21:47]>> Feels like there's some It's pretty ridiculous to just >> What I could tell him is that he's going to have to call someone who can get him out because I don't He's not willing to provide a test, so I can't get to determine if he's intoxicated or not.

[00:21:58]It's That's the That's what's going to That's going to come down to then.

[00:22:02]>> Yeah, if he's not willing to get a test, you know, I mean we don't we can't determine. I mean, safest bet's going to be okay. We didn't get the DWI, but at least he's going to be getting home safe. We know that for a fact.

[00:22:12]>> Right.

[00:22:15]>> 823 I'll be clearing. All other units remain on scene.

[00:22:18]>> We got to catch him with the animal problem.

[00:22:22]>> 10-4 >> 817 2024. We put a brand brand new scanner on this car that doesn't even work.

[00:22:28]>> Nice.

[00:22:29]>> Brand new with us. It can't scan anything.

[00:22:31]>> Yeah, he's he's working on it right now.

[00:22:33]>> Okay.

[00:22:34]>> 10-4 10-7 10-4 10-4 >> Oops.

[00:22:40]>> I think that was the court. Do you have your phone pulled up? I think it's 8:14 at 12:00 p.m. is one of the court dates.

[00:22:46]And the 14th.

[00:22:47]>> 10-7 to all units. You can now resume normal communications. 10-12 units, resume normal communications.

[00:22:52]>> Did you look up his history to see if he's had any priors of DWI?

[00:22:56]>> Uh yeah, this is his history right here.

[00:22:58]Does he have any priors?

[00:22:59]>> For having a cell phone.

[00:23:00]>> Sure. Does he have anything on him?

[00:23:01]>> Sounds good. Yeah, see if you've seen me like >> Keep this in an open container.

[00:23:04]>> Alcohol containers, yeah.

[00:23:05]>> I don't know why it's printing out like this.

[00:23:08]>> It prints out like two extra pieces of paper.

[00:23:12]Ever since they installed this new printer and the I would say yeah, it does the ticket and then they take the Yeah, then it does uh corrections, but it looks like IT'S A REALLY IT'S A REALLY LONG TICKET RIGHT THERE.

[00:23:33]>> IT'S NOT A NICE ONE.

[00:23:47]>> THIS SPEECH WRITER IS OFF.

[00:23:57]SOUNDS GOOD.

[00:24:11]ALL RIGHT, SIR.

[00:24:13]SO, YOU GOT A CITATION FOR inadequate headlight.

[00:24:15]>> Okay.

[00:24:16]>> So, I My You wanted to speak to a supervisor of mine.

[00:24:20]>> Okay.

[00:24:20]>> I notified my lieutenant on the phone.

[00:24:22]>> Okay.

[00:24:22]>> She's aware of what's going on.

[00:24:23]>> Perfect. Thank you.

[00:24:24]>> He gave So, I can't determine if you're okay to drive or not.

[00:24:29]>> Mhm.

[00:24:29]>> So, you refused a breathalyzer test.

[00:24:32]>> Yes, sir.

[00:24:32]>> I told you you have signs from my training experience of intoxication.

[00:24:37]>> Yes, sir.

[00:24:37]>> You have You have slowed, mumbled speech.

[00:24:39]>> Mhm.

[00:24:40]>> You have watery glassy eyes.

[00:24:41]>> I know what you said, sir.

[00:24:42]>> Okay, and I smell an odor of an alcoholic beverage emanating from inside the vehicle.

[00:24:45]>> Okay.

[00:24:45]>> So, I don't know if you can drive or not. You're going to have to call someone to pick you up to drive.

[00:24:49]>> Okay.

[00:24:50]>> Understood? So, that's what >> Okay. You want me to call someone right now?

[00:24:53]>> That's correct.

[00:24:53]>> What am I going to do with this vehicle?

[00:24:55]Leave it here alone? me.

[00:24:56]>> will let them know you stay here.

[00:24:58]>> Okay.

[00:24:58]>> Okay.

[00:24:59]>> All right, yeah, let's do that. Sounds good.

[00:25:01]>> So, that's the issue, right? Your license.

[00:25:03]>> All right, yeah.

[00:25:03]>> You wanted a business card as well, you said?

[00:25:04]>> I do. Yes.

[00:25:05]>> So, the >> I'll grab my phone.

[00:25:07]>> That's fine.

[00:25:13]Okay.

[00:25:15]>> Oh, that's all right. We can We can play this game.

[00:25:17]>> I'm not playing any games, sir.

[00:25:18]>> Sir, you're being very disrespectful.

[00:25:19]I'm going to go and file a complaint.

[00:25:21]>> I've never been disrespectful to you.

[00:25:22]>> Sir, you are being very disrespectful.

[00:25:24]>> recorded on body camera.

[00:25:25]>> You have pushed this above over a traffic >> I I I I have not, sir.

[00:25:30]This is all recorded on body camera.

[00:25:32]>> Excellent. I appreciate that.

[00:25:33]>> No problem.

[00:25:34]>> all recorded as well, sir.

[00:25:36]>> That's That's fine.

[00:25:38]>> Um I guess that's it, then.

[00:25:40]>> Okay.

[00:25:40]>> Yeah, just give me your number.

[00:25:41]>> Yep, here's the contact number for you.

[00:25:43]>> Yeah, the contact number for you.

[00:25:45]>> Here's the citation. You have a court date on August 14th at 12:00 p.m. at Thousand Oaks Civic Center Courthouse.

[00:25:50]>> Yes, sir.

[00:25:50]>> For the correction ticket, you have to get it corrected by Monday.

[00:25:53]>> I will. Yes, sir.

[00:25:54]>> And have it signed off by a mechanic or a police officer.

[00:25:56]>> Okay.

[00:25:57]>> You got it. Yes, sir.

[00:25:57]>> Here's my business card right here, sir.

[00:25:59]>> All right.

[00:25:59]>> the citation. Like I said, my lieutenant's been aware made aware of the situation.

[00:26:03]>> What's his name?

[00:26:03]>> Lieutenant Cleary.

[00:26:04]>> Cleary, yes, sir.

[00:26:05]>> He's been made aware of the situation.

[00:26:06]>> Okay.

[00:26:07]>> All right.

[00:26:07]>> Yes, sir.

[00:26:07]>> Any other questions for us, sir?

[00:26:08]>> That's it.

[00:26:09]>> All right, have a good rest of your night.

[00:26:11]>> The incident ends with Sergeant McLean issuing a citation for inadequate headlight, notifying the driver that a lieutenant was made aware, giving his business card, and requiring the driver to call someone else to pick him up. No DUI arrest is made. No obstruction charge is made. No vehicle search is completed. The case returns to where it began, a headlight ticket. The most important precedent for the entire encounter is Rodriguez versus United States. In Rodriguez, the Supreme Court made clear that a traffic stop cannot be prolonged beyond the time needed to complete the traffic mission unless independent reasonable suspicion supports the extension. The court rejected the idea that officers can add unrelated investigative tasks simply because the driver is already stopped.

[00:26:57]That principle fits this case directly.

[00:27:00]The mission was the headlight. McLean had authority to stop, verify documents, check the vehicle, and issue a citation.

[00:27:08]But once the encounter shifted into DUI investigation, the constitutional burden changed. McLean needed objective facts strong enough to justify the expansion.

[00:27:18]Fruity odor and watery eyes may create suspicion, but when the driver denies drinking, gives innocent explanations, refuses voluntary tests, and the officer himself admits uncertainty, the legal foundation becomes fragile. The lesson for citizens is simple but powerful.

[00:27:36]Comply with clearly lawful safety commands. Do not physically resist, but do not confuse cooperation with surrender. You may decline voluntary tests. You may decline unnecessary questions. You may ask whether you're being detained. You may request a supervisor's name and document the encounter. Sergeant McLean, grade D.

[00:27:56]Sergeant McLean does some things correctly. He begins with a legitimate traffic reason. He identifies himself.

[00:28:03]He explains the headlight issue. He does not use force. He eventually acknowledges that the driver does not have to perform field sobriety tests. He also does not force a weak DUI arrest.

[00:28:14]But his grade drops sharply because he repeatedly blurs the line between a voluntary test request and a lawful command. He pressures the driver after repeated refusals, explores obstruction for refusal, and uses uncertain signs to prolong the encounter. Under Terry and Rodriguez, the constitutional problem is not asking once. The problem is stretching the stop when the evidence remains ambiguous. McLean avoids a catastrophic grade because he does not arrest the driver, does not search the vehicle, and ultimately issues only the equipment citation. But the pressure tactics and obstruction discussion are serious constitutional red flags. Backup officers, grade B. The backup officers mainly serve as observers and support.

[00:29:00]One of the most important moments is that the obstruction theory appears to be rejected. That protects the encounter from becoming much worse. If officers had supported an obstruction arrest based only on refusal, the grade would collapse dramatically. Their weakness is that they still participate in the extended DUI atmosphere without clearly forcing the encounter back to a clean constitutional line. A stronger constitutional response would have been either establish probable cause, follow DUI arrest procedures, or end the stop once the citation is complete. The driver, grade A. The driver performs extremely well under pressure. He provides required documents, remains polite, exits the vehicle when ordered, refuses voluntary tests, refuses unnecessary questioning, asks for a supervisor, requests a business card, and records the encounter. His strongest move is separating lawful compliance from voluntary evidence production. He does not physically resist. He does not escalate. He does not insult the officers. He simply refuses to help build a case against himself. The only reason this is not a full A is that phrases like I do not comply can sound broader than intended and may give officers rhetorical ammunition. A sharper version would be, "I will comply with lawful safety commands, but I do not consent to field sobriety tests or answer investigative questions."