Transcription
Hello.
Hi. Do I look familiar?
Kind of. Turn around. Put your hands behind your back.
You're under arrest for fleeing and eluding law enforcement.
Several of you submitted this video. Wanted to know what I thought about it. It was recently posted on the Sergeant Pepper Spray YouTube channel, which I will link below. The title of the video is "Cocky Teen Driver Gets Chewed Out by Dad After Fleeing Police." It was posted 9 days ago, already accumulating 3.88 million views. And basically, the video is about this dad confronting his 18-year-old daughter who had been caught by a police officer. And Dad is the hero. And it's all sort of mocking and humiliating this 18-year-old girl.
You're being cocky. You're not even being polite. You're not even using manners.
Yeah, this has been her the entire time, sir.
An important part of YouTube videos is looking at the comments. I was immediately kind of shocked by the comments here. "Very impressed with how her dad reacted. And he was right. Finally, a parent. She can't believe she's being held accountable. Love her dad. It's amazing to see how fast her attitude changed after her father talked to her. This is why fathers are needed. The world still has some hope with a parent like that. Her dad is the greatest of all time. She better be thankful for having someone like him in her life and try to be better."
After watching it myself, I'm actually shocked at not only the behavior of the cop who was involved here, but also I'm shocked at the behavior of this so-called dad.
It's all, it's all on body cam. I've been trying to be respectful to her, but
Right. I don't get it. Like, so you just totally just screwed yourself inside and out for what you just did. And welcome back to the Civil Rights Lawyer channel, where my goal is not just to show you outrageous body cam videos and crazy things that people have done, but to protect and defend your constitutional rights. Please join me in that mission, not only by subscribing, but also sharing this footage by liking it, by commenting on it, so that as many people as possible see it. As also the dad of a teenage girl, I'm actually pretty disappointed in the behavior of this father.
So why didn't you pull over at the time when he waved you down to stop? Why didn't you stop?
I mean, I sort of expect that from a police officer who looks like this and talks like that.
It's all, it's all on body cam. I've been trying to be respectful to her, but
Right, I don't get it. But I actually have a way different view of this video and I really feel sorry for this girl and I'm really pretty pissed off at her father. So this incident just happened on October 3rd of this year. This happened in Valuchia County, Florida, involving the New Simra Police Department and specifically involving this police officer and his name is Scott Riera. It all started with a completely unrelated investigation, a hit-and-run outside this gated residential community in Valuchia County, Florida. Officer Riera is talking to this witness to the hit-and-run alongside the highway outside this gated development. By the way, his police cruiser is not there. It's not visible to passing cars. It's actually, if you look closely, parked beyond the gatehouse of that residential development.
So, I have the officer's actual police report, and he says that while speaking with this witness standing close to Pioneer Trail Road, he said, "I heard the sound of a loud altered exhaust system coming from the east of my location. I turned to look in that direction. When I did this, I observed a white Ford Mustang actively passing another vehicle at a high rate of speed. The Mustang was passing this vehicle in a no-passing zone. It appeared to be traveling well over the speed limit. From there, I began walking towards the roadway and signaling for the Mustang to stop. I entered the asphalt shoulder of the westbound Pioneer Trail travel lane, signaling for the Mustang to stop. I did this by holding up the palm of my hand and facing it towards the oncoming Mustang. I did this in a continuous manner to alert the Mustang to stop. As the Mustang approached me, it was not slowing down and still traveling at a high rate of speed. The Mustang then sped by where I was signaling for it to stop. After it passed me, it did not begin to slow down, but instead sped up. I then proceeded to run to my patrol vehicle and attempt to stop the Mustang in a marked patrol vehicle. I boloed the area in my patrol vehicle, but was unable to locate the vehicle on Pioneer Trail. A short time later, I was driving through the Coastal Woods subdivision. While doing so, I observed the Mustang parallel parked at the intersection of Neverland Trail and Armenia Court. I exited my patrol vehicle and approached the Mustang. The Mustang was unoccupied and there was no one around the vehicle. I felt the hood of the Mustang and it was still warm to the touch. I began canvassing the area. I first went to the residence of 2793 Neverland Drive. The garage door to the residence was opened and there were people in the garage. I asked the people in the garage if they knew who the Mustang belonged to. They stated that it belonged to a female who was at the residence."
Do you guys know whose white Mustang this is? Uh, tell her to come out.
Yeah. Can you have her step out?
And that she had just arrived at the residence. I asked if they could get the female and have her come to the garage. A short time later, the female walked into the garage from inside of the home.
Hi.
The female approached where I was standing. I proceeded to ask her, "Do I look familiar to you?"
Do I look familiar?
Kind of.
Yeah, I know.
Yeah.
After this, she was detained for further investigation.
Turn around. Put your hands behind your back.
You're under arrest for fleeing and eluding law enforcement.
Beautiful body cam.
What?
I walked out, flagged you down, told you to stop, and you rapidly accelerated away from me.
What?
Yes, ma'am.
It's all on body cam.
You just
Nope. I w- I walked out of the road and was telling you to stop.
You walked out on the road. You
Correct? And I was telling you to stop. It's all on body cam. You're under arrest for fleeing and eluding law enforcement.
Can I just call her mom?
Yeah, you call her mom. Is that, is that on her phone right there? I am a law enforcement officer, fully uniformed, telling you to stop because you're passing all those cars in a double yellow car.
You, no, you passed multiple.
It doesn't matter. You still fled law enforcement.
And then you rapidly accelerated as you went by me. You didn't stop. Didn't do anything. Didn't even hit the brakes.
No, I was going the speed limit across.
No, you weren't.
Can I talk to someone else?
It was just me there. I don't know who you want to talk to.
Who do you want to talk to?
Maybe your supervisor.
Yeah, he's on his way. You're more than welcome to. That's fleeing law enforcement. So,
Go ahead and sit down for me. Do you have anything on you? Cuz I have a female that's going to come search you.
No.
Okay.
All right. We're just a few minutes into this video. And what is the major problem constitutionally speaking that is screaming at us right now? Where is this police officer? He is literally inside the garage of this house arresting this girl. He doesn't even yet know who she is. He doesn't know whether she lives there, whether she does not live there. What he does know is that she is inside that house. He ordered her out and arrested her and now he's inside her house. Police violate the Fourth Amendment when they affect a warrantless arrest at the threshold of a home where they lack probable cause and either exigent circumstances or consent. There's a U.S. Supreme Court case called Payton v. New York that says that police officers cannot arrest people at their homes without an arrest warrant. And does it matter if it's a guest at a home or a resident? No. There's a 1981 U.S. Supreme Court case, Steagald v. United States, that says a police officer may not conduct a warrantless search of a third party's home in an attempt to apprehend the subject of an arrest warrant absent consent or exigent circumstances. And there's also a 1990 U.S. Supreme Court case, Minnesota v. Olson, that says even overnight guests at a home have a reasonable expectation of privacy at the home they are visiting and therefore are afforded full Fourth Amendment protections to that home while they are visiting. So here, what the officer does know is this is a home. He does not have a warrant and yet he's inside this home arresting this girl. His report does not mention anything about him getting a warrant prior to arresting this girl at this residence. Therefore, unless the government can establish an applicable exception, this is an illegal, unconstitutional arrest. And the only applicable exception that I could see would be exigent circumstances. Now, nobody has called the police from this house. There's no emergency occurring inside the house. The only possible defense to this is what they call hot pursuit. Under the hot pursuit doctrine, a police officer may make a warrantless entry into private property to arrest a suspect who is attempting to avoid arrest by fleeing into private property. But in order for this exception to apply, the arrest must have been "set in motion in a public place." And furthermore, there must be some sort of chase that has occurred which involves the immediate or continuous pursuit of the suspect from the scene of the crime. Here, there was no immediate and continuous pursuit. We can see from the timestamps on the body cam that it was about 10 minutes later that this cop is driving around and he happens to find this Mustang parked at this residence. He did not pursue it to this residence. He said he put out a bolo and he's driving around looking for it and he finds it. Furthermore, the conversation between this girl and the officer, there's no indication that there was a chase at all. He's just saying he tried to flag her down and she kept going. There was no police chase. There was no immediate and continuous pursuit. Therefore, there can be no hot pursuit doctrine. There can be no exigent circumstances exception through the Fourth Amendment here. There can be no doubt that this guy standing in the garage arresting this woman, he had to have a warrant. And so everything he's doing is illegal. And then it just gets even worse. This girl is under arrest inside this garage. This is all illegal. Ultimately, it's going to have to be thrown out in court. The officer is claiming that she committed this felony offense of fleeing and eluding, which is chicken [expletive]. Everybody knows that she did not commit that crime. There was no police chase. First of all, he looks like a mall security guard. There was no police car with lights that she's running from. It would be a perfectly reasonable thing not to stop on the side of the road for somebody in a white shirt and some YMCA knee-high boots on, some creepy-looking man. So, we all know she did not commit any felony. Yet, this cop is recording on his body cam inside this garage illegally. Now, this conversation between this young girl, her brain's not even fully developed. She's barely an adult. This important conversation, private personal conversation with her father. And this cop's trying to get her on a felony when all she did really at best was speeding, maybe a couple other minor traffic violations. But this cop is just a real jerk. And he wants to get her on a felony, destroy her life. And her father, who is supposed to protect her, to guide her. Perhaps he hasn't done that. I don't know. She does seem spoiled or entitled with this Mustang at 18 years old that she clearly can't afford without her parents. But in any event, this is way more important than that. This is about the rest of her life. So her father now participates in this cop trying to ruin her life.
This is the most ridiculous thing ever. I mean, once you're done.
I know. I agree. Fleeing law enforcement is pretty ridiculous.
I absolutely agree. And I'm also, I'm also towing your car and putting on a 30-day hold. So,
Just letting you know.
They're arresting me for fleeing and eluding. I passed in a double line and then an officer came. I said, "I'm getting arrested because an officer said I was fleeing and eluding." Guy was driving on. He came out and ran in front of, like, he, he half ran in front of my, like, he didn't even fully run in front of my car and then, um, now I'm getting arrested for it because I parked in, because he said I was fleeing, but he wasn't even behind me with lights on or anything.
Doesn't matter. Don't need to be. I absolutely don't need to have, like, sirens activated. I'm a fully uniformed law enforcement officer telling you to stop.
Do you have your laptop in there?
I did. I don't know. Can I talk to him? Officer Riera.
Okay.
Hey there, it's Officer New Beach Police Department.
What?
Officer who?
Officer Riera with the New Beach Police Department.
Hey, how are you?
Good. Good. So,
Literally, I'm in the middle of the road. I'm a fully uniformed police officer telling her to stop. Not only does she not even apply the brakes, she rapidly accelerates away from from me to the point I have to run, get jump in my car, which was parked several hundred feet away cuz I was investigating a hit-and-run crash. And now all of a sudden she's gone nowhere. So then I obviously find the car and make contact with her. So I don't need to have lights and sirens on behind her or anything like that. I'm a fully uniformed police officer. I was given clear hand signals to stop and I have a witness who was the victim of my hit-and-run crash who watched the entire thing. So, you know, of course, that meets statute requirements for for fleeing and eluding. I, I, I don't mean to be a jerk about it or anything like that, but that's that's where we're at. Okay. Um, how far does she go from when you try to, uh, gesture her to stop?
Over a mile. So, she didn't try to pull off the road down the street, nothing like that.
Did she, did she, was she able to see you or
Oh, yeah. I am, I am in a, I am in a. She just told me I saw him in my uniform. Didn't. So, that's all I need. Like,
Cuz and I know she saw me because I was about in the middle of the road to where she would, before she would run me over. So, I didn't want to get ran over cuz she was already doing 65 plus. So, you know, I have everything I need for fleeing and eluding. It is what it is. So, she, she can take it to court. It's going to go to court no matter what. But that, that's what I have. It meets statute requirements. Um, that, that's what we're doing. Okay.
Okay. Um, can you put her back on the phone?
Yeah, you're on speaker.
Okay.
All right. Yeah.
So, you, you'll probably be in, in, in jail for the weekend then.
Yeah. Good.
So,
Because, uh, you're not going to get get out right away.
Why were you going that fast down?
I passed one car. I passed one car cuz he was going like 30 and I passed him.
My daughter's embarrassing.
So, why didn't you pull over at the time when he waved you down to stop? Why didn't you stop?
Cuz it wasn't like he was, I, I didn't, I really didn't even know. I just saw a person in white, black, and then
Doing this.
He had one hand out and it wasn't like he was in front of my car like that. He was just, he, like, literally was from the side, like, completely the side. I wasn't going 60. That's a hearsay. I was not going 60. From 30 to 60, I can't just do that when I'm in the other line going over to the other side.
Okay. When he came, it'll pull you over.
He didn't. He didn't. He came over and found my car and pulled.
It's all on body cam, sir. I was almost in the roadway. The reason I didn't go all the way in the roadway is cuz she was going so fast. I didn't want to get hit by her cuz obviously I could see that she was not slowing down.
That was just a, what he thinks.
Okay.
I'm actually an instructor for speed measurement. So smart.
I'm not laughing.
I wouldn't be laughing. It's a felony. You committed a felony. Don't laugh at that. Yeah. I mean, you, you're being cocky. You're not even being polite. You're not even using manners.
Yeah. This has been her the entire time, sir.
I know. That's what I don't get with her. It's just total ridiculous. So, you, you don't understand what you just did.
I do.
Oh, you do? Do you really? Like, how, how do you understand what you're doing? Cuz you're being a smartass the whole time to me, too. So, I can only imagine how you're speaking to an officer.
It's all, it's all in body cam. I've been trying to be respectful to her, but
Right. I don't get it. Like, so you just totally just screwed yourself inside and out for what you just did, big time. Cuz now your car's got to get towed to the impound. You have to pay to get that out, too. Now,
There's going to be a 30-day hold on it. There's going to be a 30-day hold on it.
So, so your nursing stuff is going to be screwed up now, too, because you don't have no damn manners. And you know what? It's going to take something like this to [expletive] you up now and now you're done because you're so goddamn arrogant and cocky the whole damn time when you couldn't talk to the officer normally. When you did it, you had to be a real jerk, didn't you?
I know you can't [expletive]. He's got the body cam on.
So, you just totally screwed your whole [expletive] up. Nursing degree, everything. You just did it because you, you're being invincible. But guess what? You're going to spend the weekend in jail and you'll see how invincible you are. You know what? It might teach you a lesson now. Maybe you know you just don't listen.
Did you hear, Dad? Yes, sir.
All right. So, when you get to jail, you get one phone call.
Just follow her instructions.
So, you better figure out who you're going to call, you know, to to get you out of jail. So when you call your mom and start bitching at her and stuff, she's going to make you sit. You call me, I'll make you sit, too, because I'm not putting up with this [expletive]. You know, you, you, you got an attitude. It's got to change.
Got to change. It's ridiculous that this might be your game changer. You know, you could have been probably a polite officer from the get-go and you probably wouldn't be in this situation you are right now. And I bet if you ask the officer that, your cockiness is probably what put you in that position right there. I guarantee it.
All right. Um, she's getting searched right now by a female deputy. Uh, do you have anything else for her? If not, we're going to, we're going to load her up and do some paperwork. Okay.
Okay. Thank you, sir.
Yes, sir. No problem.
Yes. Isn't that just great parenting? What a great dad. All of you guys in those comments were exactly right. If only more dads were like that. I wonder if the dad has since changed his mind about all of the things that he said because looking up the case, it's actually still pending. I believe she has court tomorrow. What is she charged with? She's charged with one count of felony fleeing or attempting to elude a police officer. So, this cop, aided by prosecutors in Valuchia County, Florida, are still currently trying to convict this 18-year-old girl of a felony, trying to make her a convicted felon. No criminal record, no actual police chase occurred. They have nothing better to do than make her a convicted felon. And all thanks to Dad. Thanks a lot, Dad.
So, why didn't you pull over at the time when he waved you down to stop? Why didn't you stop? You're being cocky. You're not even being polite. You're not even using manners.
Yeah, this has been her the entire time, sir.
Now, it's at the very early stages, and one would think that when the actual prosecutor takes a look at this, that he or she would come to their senses and dismiss these charges and not try to make this girl a convicted felon. I would be shocked if that did end up happening, especially in light of the fact that her arrest was illegal, that her statements were obtained illegally, not to mention the fact that I didn't hear any Miranda rights being read. She was in custody and she was being asked questions which elicited uh potentially incriminating information. All of this evidence against her should be thrown out anyways and all they should be left with is this cop claiming that he tried to stop her and she kept going. So if there's no statement from her, a reasonable doubt would be, "Well, maybe she didn't even see him." Boom. Case closed. But anyways, we know how Florida is. Yet another Florida video showing our law enforcement officers there hard at work fighting crime. I will link the video at Sergeant Pepper Spray in the description below. I will also link the relevant authorities. If I hear anything else, I will do an update and you can follow along by subscribing both here and at the blog at the civilrightsawyer.com. You can also follow me on X at JohnBrianESQ. Remember, our rights don't end where your fear begins. Freedom is scary. Deal with it.
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