Woman Hides Contraband in Underwear, Ends in Felony Arrest | Legal Analysis

[00:00:00]I'm not going to play these games with you. Do you think I'm stupid? You think I didn't see a red straw sitting there on the seat right there that you tried grabbing and hiding with your underwear?

[00:00:08]Yeah, I'm I'm sure. I'm sure that's exactly what it is.

[00:00:12]It's not true straw.

[00:00:22]Do you have anything else?

[00:00:26]What?

[00:00:27]>> On the 20th of June 2023 in Naples, Florida, a sidewalk yield violation led to a concealed firearm, a controlled substance, and a 2-year jail sentence.

[00:00:37]Three legal issues define this case.

[00:00:41]>> Alpha Lima 81 November Alpha, it's going to be 41 of barefoot on a black Nissan truck.

[00:01:02]>> He's looking for his life. He's in a really bad way.

[00:01:03]>> Okay.

[00:01:04]>> What's going on, man?

[00:01:05]>> Hey, Deborah, this is your cell phone.

[00:01:06]The reason I'm stopping you when you're coming out of that house, you got to stop before the sidewalk.

[00:01:15]When you left that house on Trammel Street, Yeah.

[00:01:26]Yeah. Yeah, you're right. I did. That's exactly what it is. I watched you. And you didn't even come close to stop.

[00:01:31]Especially even with the biker right in front of you, you just blew right out.

[00:01:35]Didn't even bother stopping with that biker going into the house as well.

[00:01:39]Okay?

[00:01:40]Yeah, driver's license?

[00:01:43]Yep.

[00:01:49]And listen, while we're going to do the same thing as last time, while I'm writing you guys a warning, I'm just going to have you roll the windows down if you step out for me.

[00:01:56]>> 10-13 and if I don't unfortunately work >> Drop what you have.

[00:02:13]Leave it in the car. Leave your purse in the car.

[00:02:15]>> Am I Am I my >> Step out.

[00:02:17]>> My underwear?

[00:02:17]>> Step out. Everything. Stop moving and step out of the car.

[00:02:23]>> Okay. My underwear?

[00:02:24]>> Walk back here. Walk back here.

[00:02:29]>> I'm sorry. I dropped my underwear.

[00:02:31]>> I'm not going to play these games with you. You think I'm stupid? You think I didn't see a red straw sitting there on the seat, right there, that you tried grabbing and hiding with your underwear?

[00:02:40]Yeah. I'm I'm sure. I'm sure that's exactly what it is.

[00:02:44]It's not your straw.

[00:02:48]Chill. Here's what I'm going to tell you. Stop right now.

[00:02:51]>> Stop. Okay. We're fine. Nothing's happening.

[00:02:52]>> It only It only looks worse because you specifically grabbed it and tried hiding it from me and moving it when I saw it.

[00:02:59]>> I just dropped my underwear.

[00:03:00]>> Right. You did not. It was clear as day.

[00:03:02]>> I don't do nothing with straws, so I'm going to throw the straw away before >> Okay.

[00:03:07]You're not dumb. You and I both know what straws are used for.

[00:03:11]Okay.

[00:03:13]Okay.

[00:03:19]And back in the 2022 and 2014 There is nowhere in the Florida State Statute which is where it says that I have to specifically wait to pull somebody over. I could have followed you all the way to your home in Marco Island and then pulled you over.

[00:03:31]>> I'm just trying to go home, dude.

[00:03:32]>> Now you're giving me attitude and now you're getting confrontational the moment I bring something up.

[00:03:50]What's that?

[00:03:51]>> It's in your other phone.

[00:03:51]>> Yeah.

[00:03:52]>> Okay.

[00:03:53]Where's your other phone at?

[00:03:54]>> It's all good. Just give me the freaking ticket, dude.

[00:03:56]>> I wrote you a ticket.

[00:03:57]>> I don't want I don't want you guys whatever.

[00:03:59]>> Is this your your vehicle?

[00:04:01]>> It's my brand new truck that he's trying to >> Come with me.

[00:04:11]Here's the deal. Okay, I'm going to give you one chance and that's all I'm going to give you because I'm sick of the games.

[00:04:17]>> Okay.

[00:04:17]>> All right, and you already know what you did.

[00:04:20]>> Yeah, I know what I did.

[00:04:21]>> Why?

[00:04:21]>> Because he had somebody in his truck that gets [ __ ] high. I've been clean, okay?

[00:04:26]I just got pulled over for weed by a home guy. It's the freaking cops. You can ask and I have court next month before, okay? I go to the methadone clinic and >> Is it your truck?

[00:04:35]>> And when you asked me, I felt sick. How long has it been since that? And that's when I got my nerves. [ __ ] no.

[00:04:41]>> It's not your truck.

[00:04:42]>> I don't know.

[00:04:43]>> Okay.

[00:04:43]>> I don't know.

[00:04:43]>> Is it his?

[00:04:44]>> No, it's not. It's his friend's.

[00:04:46]>> It's his friend's.

[00:04:47]>> Yes, I was at the house.

[00:04:48]>> Okay. And what do they do with that truck?

[00:04:50]>> I think he just fat and meth.

[00:04:52]>> He just fat and meth.

[00:04:53]>> Yeah.

[00:04:53]>> Okay. Okay, now tell me why you're really over at that house.

[00:04:57]>> I'm at his where his friend lives and that's my aunt.

[00:04:59]>> Is it Okay, now here's here's the cool thing. I can go and look to see who that person is. Do you have anything on your person?

[00:05:05]>> No. You searched my phone.

[00:05:06]>> Just because when I walked up it looked like you were trying to >> No, no, no, no. I >> I I know you had keys up there, too, which is odd to me, but >> I promise.

[00:05:13]>> Okay, there's nothing else. I'm not going to find nothing in your bag.

[00:05:17]>> No. Go ahead and search it. I promise.

[00:05:19]>> Are you sure?

[00:05:20]>> Positive.

[00:05:20]>> Okay.

[00:05:23]Stay here. No, come here.

[00:05:28]Yeah, just hang tight right here at the front of my car.

[00:05:31]>> She just She's got some pants.

[00:05:34]And I'm just coming back from my house.

[00:05:36]>> Okay.

[00:05:39]Just do me a favor, my man. Keep her.

[00:05:40]>> Huh?

[00:05:41]>> Dude.

[00:05:41]>> I don't know what I'm going to do.

[00:05:43]>> Okay.

[00:05:46]>> I sprayed your truck.

[00:05:49]>> Appreciate it, man.

[00:05:49]>> dealer or what?

[00:05:50]>> Did you just get it like a month ago or >> Literally a couple days ago. So, it's like nothing down on these charges.

[00:05:55]>> 23 >> No problem.

[00:05:57]>> 3 songs >> Okay.

[00:06:01]>> Well, for me that's I'm stressed thinking about it.

[00:06:04]>> I hear you. I appreciate it.

[00:06:05]>> Sorry about her.

[00:06:07]>> No, no, no worries.

[00:06:08]>> People win the lottery.

[00:06:09]>> People are responsible for their own actions.

[00:06:12]>> I was too, so I get it. I know the history.

[00:06:19]>> Is that for me?

[00:06:21]>> I'm going to go myself without you.

[00:06:25]>> Oh.

[00:06:32]This is what happened. That's what it is.

[00:06:34]>> What is that?

[00:06:34]>> Yeah, exactly. How about you sit there and shut your mouth?

[00:07:05]This is what's going on.

[00:07:07]>> I saw the needle.

[00:07:08]>> Where?

[00:07:09]>> I mean, whatever you pulled out of your sock.

[00:07:12]>> I blame you.

[00:07:13]>> Oh, yeah. The moment that you stepped out >> She tried grabbing me and concealing it as well for me.

[00:07:18]>> All over her crotch.

[00:07:20]>> Stop reaching. What do you have?

[00:07:23]>> Nothing.

[00:07:26]>> Turn around. Put your >> Dude, you got to bomb me out of [ __ ] jail.

[00:07:30]>> What is it?

[00:07:31]>> Foil.

[00:07:31]>> It's foil?

[00:07:34]Take this out of your hands.

[00:07:43]Stop grabbing at it.

[00:07:48]>> Do me a favor. You breathe, okay?

[00:07:50]Deep breaths. You're going to make it worse.

[00:07:53]Deep breaths.

[00:07:57]>> Do you have anything else?

[00:08:01]What?

[00:08:02]>> Another straw.

[00:08:03]>> There's another straw in you?

[00:08:05]Okay.

[00:08:10]>> Naples PD charger 22, can you show me one for a 10-15? We have >> Stay there.

[00:08:16]And and hang out with him.

[00:08:21]You're being detained just for right now.

[00:08:23]Just because of the drugs inside of the vehicle.

[00:08:27]Here's the deal and here's what I'm going to tell you.

[00:08:29]Okay?

[00:08:30]You keep You just keep going up and down with me. You got to pick it. You're either going to stay pissed at me or you're going to have a level head and you're going to talk to me during this.

[00:08:38]You're going to jail.

[00:08:40]a bag of meth You're You're Yeah.

[00:08:45]In your door?

[00:08:52]Okay. You're going to jail.

[00:09:02]That's not how it works.

[00:09:04]>> It's not mine?

[00:09:05]>> That's not how it works. You literally just told me exactly where you knew it was.

[00:09:08]>> Cuz you were going in my truck. I gave you I never said it was mine.

[00:09:12]>> Okay.

[00:09:14]I appreciate that.

[00:09:15]Coming after me?

[00:09:29]Can we put him in your car?

[00:09:31]Wonderful.

[00:09:34]>> It's fine, baby. I'm getting this out.

[00:09:35]I'll get you. I promise.

[00:09:40]>> I charge.

[00:09:41]>> Give a [ __ ] dude. Come on. Let me Because this is a little [ __ ] ass [ __ ] [ __ ] boy, bro. I wish >> You wish what?

[00:09:47]>> I'm winning the [ __ ] lottery.

[00:09:48]Whatever.

[00:09:48]>> Huh?

[00:09:50]You wish what, man?

[00:09:51]>> We were just ruining people's lives.

[00:09:52]Look at that dude.

[00:09:52]>> Look at that. Nothing back there.

[00:09:53]>> I don't like that dude.

[00:09:55]>> Take a seat.

[00:09:58]>> [ __ ] you. Hope your mama dies, [ __ ] boy.

[00:09:59]>> Okay. I'm going to check your arm.

[00:10:05]>> [ __ ] You got >> I'm telling you.

[00:10:07]>> I DON'T GIVE A [ __ ] >> WHAT YOU GOT TO TELL ME, DOG?

[00:10:10]THIS CAR, THAT'S WHY YOU'RE GETTING A felony charge.

[00:10:12]>> Come on.

[00:10:13]>> All right. And you keep acting up, it's going to be even worse for you.

[00:10:16]>> I'm [ __ ] suing.

[00:10:18]>> That's it. Can you go get me Can you actually get me two?

[00:10:22]I know. What a pain I am.

[00:10:27]>> Oh, [ __ ] That's not mine.

[00:10:30]>> Okay. Listen.

[00:10:31]I I understand that you may have gotten off on the wrong foot. This is you obviously risking your health.

[00:10:37]>> I'm a [ __ ] cop.

[00:10:38]>> Yeah.

[00:10:39]>> Just do your job.

[00:10:40]>> I'm just going to read you your Miranda rights.

[00:10:41]>> I understand. Do you have any questions?

[00:10:42]Then we'll go from there, okay?

[00:10:43]>> Okay.

[00:10:44]>> You have the right to remain silent.

[00:10:45]Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have them present with you while you're being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning. If you decide to answer any questions now without a lawyer present, you will still have the right to stop answering at any time until you talk to a lawyer.

[00:10:59]>> Okay. Do you understand these two rights as I read them to you? Okay. Do you want to talk to >> Uh yeah. So, you Why are you doing this to me? I don't do cocaine.

[00:11:07]>> I have a positive. I just tested And I'm sure it'll test for cocaine as well. Probably a cocaine, fentanyl mixture.

[00:11:12]>> Why would you call that though?

[00:11:14]>> I don't know.

[00:11:15]You tell me.

[00:11:16]Okay. So, there's nothing else inside your purse I'm going to find.

[00:11:19]>> No. No.

[00:11:19]>> Nothing else in you.

[00:11:21]>> No.

[00:11:21]>> Is there they're going to find at the jail cuz you're going to jail for the at minimum the paraphernalia.

[00:11:25]>> I had my Xanax I dropped this little Marshall that I seen in the United States for a long time and I left it in >> Besides that piece of tin foil right there that you dropped out of your pants.

[00:11:34]>> That's That's what I shoved down my drawers when I was >> So you were shoving something when I was walking up.

[00:11:37]>> Yes. No, yeah, yeah, I seen it. I literally I seen it and I knew it was in the seat as soon as you turned around.

[00:11:43]As soon as you parked it, I put it in my pants.

[00:11:49]>> Just Just stay over here a little bit.

[00:11:51]You You keep on her and try to search her.

[00:11:53]>> The other straw I didn't see that. When I was getting out, I tried to hide it with my pants.

[00:11:57]>> Okay.

[00:11:59]You Now >> I was only going to hide it.

[00:12:01]>> She's going to search you. Do you have anything on you?

[00:12:02]>> It's inside your underwear? It's in my underwear, yeah.

[00:12:05]>> It's inside your underwear? Okay, I'm not going to touch But she just want to check anywhere else in there. I'll let you do that.

[00:12:12]>> Okay, stop. Just stop. Turn around and spread your feet.

[00:12:14]>> Let's just tweak these.

[00:12:16]What is this?

[00:12:23]When the jail gets an update, you can still Yeah, I just I don't care >> two bowls or something.

[00:12:30]>> Stop moving.

[00:12:32]No, there's something more in here. I mean I'm pretty sure you were smoking on >> Do you have anything inside your bra?

[00:12:40]>> No.

[00:12:40]>> Are you sure?

[00:12:41]>> I'm going to check. I'm not going to see us. You know I'm not trying to get any more charges.

[00:12:46]>> Okay, well, if I don't find it, the jail will. So you'll be charged with it regardless. Do you understand that?

[00:12:50]>> Okay, I don't know what's in my I don't know. Just check, please.

[00:13:07]Yes.

[00:13:12]You don't think I do?

[00:13:14]But I don't want to lose it. I see you know what I mean. There any pockets in here?

[00:13:17]>> Yes.

[00:13:18]>> Just here and over here?

[00:13:19]>> Over here.

[00:13:29]>> Okay.

[00:13:33]>> Okay, stand up normal.

[00:13:37]>> There's nothing else in which I'm going to put in my pocket.

[00:13:40]>> All right.

[00:13:41]Over here?

[00:13:42]>> This side.

[00:13:46]All right, so this is sealed. Okay, then check.

[00:13:48]There's nothing back here. So, if I find anything back here, you're going to be charged, okay?

[00:13:51]>> Well, the man over there told me to give this to you guys.

[00:13:55]>> She's not going to go in there and touch >> Okay, okay, so don't go reaching for it and doing anything crazy with it.

[00:13:59]>> All right.

[00:14:00]>> So, they're going to get it out of the jail.

[00:14:01]>> Okay.

[00:14:02]>> Because you've been honest No, no, because you've been honest with me, I'm not going to charge you with that charge because you told me that you have something that is concealed, okay? We just can't get it out right now. That would be completely unfair to charge you with that. Okay? I'm going to turn the air off for you.

[00:14:17]>> The stop was lawful.

[00:14:19]Florida statute section 316.1945 requires a full stop before crossing a sidewalk when exiting a driveway. The driver admitted the violation on camera ending any Fourth Amendment challenge. A lawful stop authorizes an exit order without further justification.

[00:14:38]Pennsylvania versus Mims, 1977, Maryland versus Wilson, 1997, extended the same authority to passengers. The stop changed when the officer spotted a red straw in plain view on the seat. Under Horton versus California in 1990, officers may seize evidence without a warrant when the item is visible and its incriminating nature is immediately apparent. That straw qualifies as paraphernalia under Florida statute section 893.147.

[00:15:11]The driver then reached for it and tried to conceal it in the officer's direct line of sight, a furtive movement courts recognize as supporting probable cause.

[00:15:20]Probable cause authorized a full vehicle search. Under United States versus Ross in 1982, officers may search every area of a vehicle where contraband could be found, no warrant required. Illinois versus Caballes prohibits extending a stop without independent justification.

[00:15:37]The paraphernalia discovery provided exactly that. The extended detention was legally sound. Before formal questioning, the officer administered Miranda warnings under Miranda versus Arizona in 1966. Custody first, rights second, questions third. That is the sequence the Fifth Amendment requires, and the officer followed it correctly.

[00:15:58]Miranda does not protect statements made before custody. Under Berkemer versus McCarty, voluntary statements during the investigatory phase are admissible without a warning. The driver spoke freely. Nothing he said was compelled.

[00:16:11]The Fifth Amendment protects against compelled self-incrimination, not voluntary statements. Contradictory explanations and prior drug admissions are choices. They carry legal consequences. The search found a firearm in the center console. Florida Statute Section 790.01 makes carrying a concealed firearm without a license a third-degree felony.

[00:16:34]Combined with Section 893.13, sentencing exposure increased substantially. The female subject's spontaneous disclosure before being asked is a voluntary statement under Illinois versus Innis. Courts draw a clear line between unprompted missions and interrogation. No Miranda was required. The male subject was convicted under Sections 893.13, 790.01, and 893.147.

[00:17:02]Two years in jail, 458 days credited for time served. The tampering and resisting charges were declined by prosecutors.

[00:17:10]Only the paraphernalia count went to misdemeanor court.

[00:17:38]>> It smells like weed in here.

[00:17:41]Hey, check for a firearm if you see one.

[00:17:43]Let me know.

[00:17:48]Yeah, tell me what if you find something.

[00:17:54]Okay, I got the firearm right here.

[00:17:59]>> I got some paperwork that was in the >> inner bag.

[00:18:03]Oh, I saw that when she opened the door.

[00:18:21]Where are Is that the serial number?

[00:18:33]I don't know. This just seems very short for a serial number on the back.

[00:18:40]You know, 865 AR What is.22 Yeah, I'm not too sure if you you can soak her in this stuff. I'm going to run it. I appreciate that. I'm not You're the military guy. You know a little more.

[00:19:24]>> Watch this center console. It's got liquid all over in there.

[00:19:27]>> Okay.

[00:19:29]>> Looks like there might have been a blunt in there.

[00:19:31]>> Yeah, I can smell it.

[00:19:45]Do you want me to pop this open?

[00:19:48]Yeah, just let me know if it's just burn or if there's actually substance in there. That was in the door.

[00:19:52]>> Yeah, right here.

[00:20:05]>> Thanks, Travis.

[00:20:31]>> Dude, I am sweating AND [ __ ] BALLS BACK HERE, BRO.

[00:20:34]>> OKAY, HAVE THE AC TURNED ALL the way up.

[00:20:37]>> Look at me, dude.

[00:20:39]>> Do you have it?

[00:20:40]>> I swear to god I'm going to kick THIS WINDOW OUT SO I AM [ __ ] HAVING A PANIC ATTACK MY BOY. I'm not kidding, dude.

[00:20:45]>> Okay.

[00:20:46]>> I'm not kidding, bro. This is [ __ ] Please, you [ __ ] [ __ ] bro.

[00:20:50]>> The officer receives a B+. The stop was justified. The plain view call was accurate. Miranda was timed correctly and requesting a female officer for the pat-down was appropriate. The deduction is for unnecessary verbal engagement with a hostile subject. The male subject receives a C. Not physically resisting was the one sound decision. Voluntary incriminating statements, concealment in plain sight, contradictory explanations, and threatening the officer each made his position measurably worse. The female subject receives a B minus. The initial denial was poor judgment. The voluntary disclosure that followed was not the officer explicitly credited it in deciding against the concealment charge. Before wrapping up, it is worth stepping back from the legal analysis.

[00:21:37]Every decision made in this stop by the officer and by both subjects had a traceable consequence. That is what makes cases like this useful to study.

[00:21:46]Here are five takeaways that apply well beyond this particular stop. First, Florida statute section 316.1945 is a basic driveway exit rule. Violating it in front of a patrol unit is grounds for a stop. Second, exit orders under Mimms and Wilson are not optional. That argument belongs in court. Third, the plain view doctrine requires no warrant and no consent. What an officer can see through your window is already usable evidence. Fourth, the Fifth Amendment does not protect voluntary statements. Speaking freely before custody without invoking silence creates an admissible record. Fifth, honesty at the right moment can shift outcomes.

[00:22:30]The female subject's disclosure directly changed the charges filed against her.

[00:22:35]Officers have discretion. What you say and when shapes it.

[00:22:39]Questions about search and seizure law, drop them in the comments. Subscribe to our channel for more legal breakdowns.