She THOUGHT She Knew Her Rights!

foreign [Music] welcome to audit the audit where we sort out the who and what and the right and wrong of police interactions this episode covers the right to travel the distinction between Terry stops and traffic stops and inventory searches of vehicles and is brought To Us by Body cam files's Channel be sure to check out the description below and give them the credit that they deserve on January 17 2022 officer Sean banks of the Gulf Breeze Police Department in Gulf Breeze Florida stopped 34 year old driver Haley Brook Smith for allegedly driving 54 miles per hour in a 35 mile per hour Zone after Miss Smith pulled her vehicle over officer Banks approached the driver's side window and began to question her officer Banks Gulf Breeze Police Department 54-35 any reason for that speed tonight before you got off the bridge and it was came off the bridge all this is 35. I was going 40 I thought nope you got your license registration proof of insurance you don't have license to drive a car yes yes you do not 15 7 41 with me how many upset about the vehicle step out the vehicle yeah you are being detained right now step out the vehicle young lady either you step out the vehicle I will remove you from the vehicle I know my rights 15-7 Sovereign citizen no you need to step out the vehicle right now young ladies step out the vehicle step up the vehicle last time I'm gonna ask you I'm gonna ask I'm gonna ask and then I'm gonna make you step out the vehicle supervisor out here out here I know my right what right is that actual vehicle okay I know my right okay very well that's what you want to stick with okay all right right now or else what I know our rights if I don't call supervisor or else what I guess we're not okay what so do you have an ID or you have a driver's license I okay do you have one issue to you in Mississippi so why would you need a driver's license to drive on the road if you don't need a license oh I already told you my name it's officer Banks I didn't what is your badge number it's officer Banks are you failing to to are you failing to give me your driver's license to drive a car okay I'm not driving okay oh back here okay so you're not going to give me a driver's license okay I am traveling I don't I don't have to have a driver it's like driving vehicle okay and what state is that any state it's common law natural law okay constitutional law okay you need to get a Superbowl I do yes okay Officer Banks asks Ms Smith for her driver's license and she claims that she does not need a driver's license because she is traveling not driving although section 322.03 of the Florida Statutes requires drivers to be licensed and states that quote a person may not drive any motor vehicle Upon A Highway in this state unless such person has a valid license Ms Smith asserts that she does not need a license because she has a so-called right to travel which is a common argument among individuals who subscribe to Sovereign citizen ideologies when confronted by law enforcement during traffic stops to support this contention followers of such beliefs often cite decisions such as the 1958 case of Kent vs Dulles in which the Supreme Court stated that quote the right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment however in the 1915 case of Hendrick versus Maryland the Supreme Court held that quote a state may rightfully prescribe uniform regulations necessary for Public Safety in in order in respect to the operation upon its highways of all motor vehicles and that to this end quote it may require the registration of such vehicles and the licensing of their drivers likewise courts that have reviewed arguments claiming licensing requirements interfere with an individual's right to travel have repeatedly rejected them for instance the Supreme Court of North Dakota concluded in the 1996 case of Bismarck versus Stewart that quote no court has ever held that it is an impermissible infringement upon a citizen's constitutional right to travel for the legislature to decree that every person who operates a motor vehicle on public roads must have a valid operator's license because now quoting again the legislature has the Constitutional police power to ensure safe drivers and safe roads similarly the U.S District Court for Colorado determined in the 2012 case of Harvey vs Weld County district attorney that quote it is a valid exercise of the state's police power to require all persons who operate Motor Vehicles on state highways to possess a valid driver's license because is now quoting again the right to travel like the right to free exercise of religion is fundamental but not absolute and quoting again requiring a driver's license is a reasonable and necessary regulation which does not offend due process because this legal principle is virtually Undisputed it is highly likely that a court would conclude that Miss Smith was required to have a driver's license to drive legally and that this requirement did not infringe on her right to travel Ms Smith also argued that she does not need a license because she was not operating a commercial vehicle which is another popular argument used in Sovereign citizen ideologies this belief is based on section 31 of Title 18 of the U.S code which defines a motor vehicle as quote every description of carriage or other contrivance propelled or drawn by mechanical Power and used for commercial purposes on the highways in the transportation of passengers passengers and property or property and cargo however this definition only applies to chapter 2 of Title 18 of the us code and different definitions of the term motor vehicle apply to state laws and even other portions of the U.S code section 322.01 of the Florida Statutes which is the definition that is used in Florida's driver's license statute to find a motor vehicle as quote any self-propelled vehicle including a motor vehicle combination not operated upon rails or guideway excluding Vehicles moved solely by human power motorized wheelchairs and electric bicycles and includes a separate definition for commercial Motor Vehicles therefore a court would almost certainly reject Ms Smith's argument that licenses are only required for commercial vehicles and conclude that Ms Smith needed a driver's license to operate a non-commercial motor vehicle so just like I'm requesting your driver's license you drive a vehicle okay Sergeant Turner ac won't identify she won't produce a driver's license she's doing 58. so you do need a license to drive it here and you do have to identify yourself to these officers I do not have to have the license to drive again yes you do I do not you're wrong but okay I I'm common law natural I don't care about common law you're in the State of Florida so at this point in time I need to shut the vehicle off and step out the car I'm not getting out of the vehicle you're going to get out of the car I haven't been suspected of a crime you are being legally stopped on a traffic stop you are not being cooperative that is not a Terry Stone trust me I know the difference you're speeding turn the vehicle off and get out of the car Ms Smith claims she is being subjected to a Terry stop but Sergeant Turner argues it is a traffic stop in general a police stop of a vehicle is considered to be a constitutional detention if it is justified by either Reasonable Suspicion of a criminal offense under Terry or probable cause to believe a traffic violation has occurred now while traffic stops and Terry stops require different standards of proof and traffic stops based on probable cause confer officers with authority to make custodial arrests in practice the two types of detention function similarly for instance the Supreme Court noted in the 2015 case of Rodriguez versus United States that the quote relatively Brief Encounter of a routine traffic stop is quote more analogous to a so-called Terry stop than to a formal arrest and that now quoting again but like a Terry stop the tolerable duration of police inquiries and the traffic stop context is determined by the seizures quote-unquote mission that is to address the traffic violation that warranted the Stop and attend to related safety concerns like wise in the 2019 case of United States versus Gibbs the 11th Circuit Court of Appeals stated that quote in evaluating both traffic and Terry stops We examined whether the officer's action was justified at its Inception that is whether the officer had probable cause or Reasonable Suspicion to initiate the Stop and what the stop was reasonably related in scope to the circumstances that justified it in the first place accordingly assuming that Sergeant Turner had probable cause to believe that Miss Smith was speeding it appears that she was technically the subject of a traffic stop and not a Terry stop based on Reasonable Suspicion although the distinction between the type of stop did not impact many practical considerations and how the detention actually played out out of the car now undo the seat belts turn it off now put all that down step out turn around face away from me turn around I do not have to have a driver's license to drive a vehicle yes you do I need to call have a seat call somebody yes I said you call somebody from Santa Rosa County Jail I live right down there where's your ID out of or your license out of Mississippi I just thought you didn't have one you just said you don't need one this is this is ridiculous it's not ridiculous we're not going to play any of these games with you tonight you can you hear me I haven't done anything wrong if you don't have a valid driver's license we most certainly can we will make sure it is secure what are you gonna do with my car probably tow it why because you are driving without a license Sergeant please please you don't have a license hey I'll never drive again yes you will because you believe you don't have to have a license go get a driver's license tomorrow well wait a minute now you're telling me that you'll go get a license because but yet I have no believe you don't that's correct you have no choice you fail to appear on a court appearance for what was it expired license so you had a court date that you missed do you remember that no you do have a warrant out of Santa Rosa County well you are going to jail tonight well thank you Sergeant Turner you're welcome what we want you to understand is there are laws that you have to follow whether you agree with them or not as a mute point because if you choose not to follow them and you continue to act like this and do this you're just going to constantly be going to jail you're not the first one you're not the first person I've run across that thinks this way so here's what I am curious about because you're right I do want to know more is that your car so you're the registered owner of that car yeah yeah so at one point it had a valid tag and registration right because if I rode around without any tag that would just be just so instead you're okay just riding around with an illegal expired tag I have to do whatever I have run through these hoops that y'all put us through just to get by excuse me give me your full name give me your full name drugs inside the vehicle you're under arrest now for possession of felony narcotics I didn't give y'all permission to start my vehicle either your vehicle's being towed we're inventorying it we're not searching it yes you are you're searching my vehicle after the officers informed Ms Smith that her automobile will be towed they find cocaine in a backpack on the front passenger floor Ms Smith argues that she did not consent to a search of the vehicle and Sergeant Turner responds that they are quote unquote inventorying it because it is being towed which does not require her consent in the 1976 case of South Dakota versus Opperman the Supreme Court held that an inventory search of a vehicle that's been lawfully impounded is considered reasonable under the Fourth Amendment even without a warrant because quote inventory procedures serve to protect an owner's property while it is in the custody of the police to ensure against claims of lost stolen or vandalized property and to guard the police from danger building on this decision in the 1987 case of Colorado vs bertine the Supreme Court upheld the constitutionality of a search of a closed backpack as part of an inventory process when the standard local police procedures for impounding Vehicles quote mandated a detailed inventory involved in the opening of containers and the listing of their contents ultimately determining that quote reasonable police regulations relating to inventory procedures administered in good faith satisfy the Fourth Amendment however in the 1990 case of Florida versus Wells the Supreme Court concluded that a search of a locked suitcase in the trunk of an impounded car was unconstitutional because there were no department policies now quoting with respect to the opening of closed containers encountered during an inventory search now the Gulf Breeze Police Department has not made its policies publicly available but policy number 11.04.04 of the Florida Highway Patrol policy manual states that anytime an inventory of a vehicle is conducted quote the passenger compartment of the vehicle including all packages and containers will be inventoried and any property contained therein will be listed on the report therefore as long as the Gulf Breeze Police Department had an impoundment policy similar to the one used by the Florida Highway Patrol a court would most likely conclude that the officer's search of Smith's backpack was lawful since it is well settled that inventory searches that follow reasonable department policies are permissible under the Fourth Amendment you say that our laws don't matter to you so what's the matter I don't have to demand laws that aren't that aren't valid they're valid laws they are not valid laws the United States and the State of Florida seem to think they are another Constitution too I also know that the states have the right to govern themselves nobody's giving you orders nobody's giving you orders after the officers ran Ms Smith's information records revealed an active warrant for her arrest for failing to appear at a previous court date for driving with an expired license additionally although Ms Smith did not claim ownership of the cocaine found in the vehicle the officers concluded that Ms Smith was driving Under the Influence based on their observations and her behavior officers did not conduct field sobriety tests before taking her into custody an arrest records show that she was charged with operating a motor vehicle without a valid license driving Under the Influence possession of drug equipment and possession of cocaine court records indicate that Ms Smith was also charged with speeding and driving with expired tags and as of the date of writing this episode the cases for those charges remain open however no court records were found for the DUI and drug charges this may indicate that Ms Smith successfully completed a diversion program such as Florida's drug courts which allow non-violent drug offenders to participate in a 12-month treatment program in exchange for having the charges against them dropped and then applied to have the record sealed however it is also possible that she was never formally charged with these offenses overall the Gulf Breeze officers get an A for maintaining a professional and respectful demeanor throughout the encounter demonstrating a reasonable understanding of the relevant laws and avoiding unnecessarily escalating the interaction to a physical confrontation when Ms Smith refused to comply with their orders although I cannot say for certain whether the officers were in compliance with Department procedures when inventorying Ms Smith's vehicle it is common for such policies to require officers to list the contents of containers inside the vehicle and I have no reason to believe that they were violating procedure by searching her backpack additionally both officer Banks and Lieutenant Turner appeared to be highly familiar with the Sovereign citizen arguments that Miss Smith Advanced and although there are conversations with her at some points became antagonistic for the most part they remained calm and respectful and seemed to have a genuine even desire to educate her I commend these officers for their patience when dealing with Ms Smith's inaccurate legal views and their efforts to correct The Heirs in her beliefs Ms Smith gets an F for demonstrating a complete lack of knowledge about Florida traffic laws blatantly misrepresenting State statutes and the Constitution and allegedly driving with cocaine in her vehicle while Under the Influence now though she never referred to herself as a sovereign citizen based on the arguments that she made during this traffic stop she appears to at least subscribe to Sovereign citizen viewpoints on the right to travel as we have discussed on previous episodes of ATA The Sovereign citizen ideology is largely based on perpetuating legal misinformation cherry-picking irrelevant statutes and citing Antiquated out of context case law and the movement's views have largely been rejected in the modern courtroom I would encourage Miss Smith to conduct research on the right to travel and state licensing requirements using reputable legal sources and if she has not done so already to seek treatment for for any substance abuse issues she may be struggling with if you are interested in learning more about Sovereign citizens then check out my second Channel where I addressed many of the core ideologies you can find a link to that video in the description below let us know if there is an interaction or legal topic that you would like us to discuss in the comments below thank you for watching and don't forget to check out my second channel for even more police interaction content [Music] thank you [Music]

Channel: Audit the Audit

Views: 832,613

Keywords: amagansett press, first amendment audit, 1st amendment audit, auditing america, news now california, sgv news first, high desert community watch, anselmo morales, photography is not a crime, san joaquin valley transparency, first amendment audit fail, walk of shame, news now houston, police fail, 1st amendment audit fail, public photography, auditor arrested, police brutality, highdesert community watch, pinac news, cops triggered, news now patrick, east hampton

Id: puTg5B4KwmM

Length: 18min 10sec (1090 seconds)

Published: Mon May 22 2023

Reddit Comments

[u/TheShadowCat]

Of all the people making these types of videos, Audit the Audit has to be the best. He's great at finding and explaining the relevant laws, and he has no problem calling out either side, or giving credit.

With that said. I really don't like that cops can use the excuse of inventorying a vehicle as a reason for searching a car without a warrant or proper suspicion of a crime. Seems like that is an unconstitutional way for cops to take away people's rights.

I'm not saying it isn't the law, just in my opinion it shouldn't be the law.

[u/444treasurer444]

How colossally stupid do you have to be to drive around with expired tags and no driver's license with cocaine in your car?

[u/styckx]

My favorite part of this moron. She cites numerous times she does not need a license to drive a vehicle because she's not driving, she's traveling. Even at one point promising to "never drive again". She got so caught up in her own word salad she admitting she was driving countless times at the same time claiming she wasn't.

[u/LikeThosePenguins]

"You can't arrest me" she said, in cuffs from the back seat of a Police car.

Bu my favourite bit was "I'll go and get a license" - "No you won't, because you've just told me you think you don't need one".