Uh audit, the audit, sorry, i don't know why. I'm also honestly, if it's bad i'll tip it, what chat? Look behind you! Oh yeah! You clap welcome to audit the audit where we sort out the who and what and the right and wrong of police interactions. This episode covers traffic, stops reasonable suspicion and the first amendment and is brought to us by lackluster's channel, because what is the first amendment check out the description below and give them the credit that they deserve. On february 13, 2022 former new yorker matthew cardu was attempting to return to his pasco county florida home when he encountered a construction crew blocking the entrance to his neighborhood.

He followed the detour around to the other side of his neighborhood, but found that the only other point of entry was partially blocked by a cruiser from freedom of speech, press protest, um of worship and assembly. I thought the assembly is whenever you, you get um pasco county sheriff's office. According to mr cardu, he stopped at the intersection and used his turn signal to communicate his intention to turn into the neighborhood, but deputy lapointe did not respond. Mr cardu then stopped next to the police vehicle, with no reaction from deputy point before continuing to drive past the cruiser deputy lapointe, then flashed his siren and mr carduc stopped and rolled down his window.

While deputy lapointe approached, we decided to go right through the whole thing, so people that can't live here that live here, don't you think you should probably stop and explain? Hey, listen! I got ta go to certain areas. We've seen this. We we've seen this dude. This video came out two days ago.

I wasn't even live you. I wasn't even live dude after a certain point yeah, but you you went right past it. What are we doing here? Where's your house right up there on kitten, trail? Okay, where see the curve, yes just past the curve on the left, is it before? Is it north of little b chord? Yes, okay! I just drove all the way around to get here. Okay! Well, i don't know that.

Well, i'm explaining it to you now. I know: can i go or not yeah. Thank you confused as to why some trash asmr timed me out. Catch me outside mom, get back in your car, get back in your car right! Now.

I'm telling you right now get back in your car shoot me. You come out of your car in a traffic. Stop you offer! Obviously it's a dangerous situation, get back in your car settle down. If you can't handle this get back in your goddamn car after deputy lapointe initiates a second traffic.

Stop mr cardu pulls over and steps out of his vehicle. Deputy lapoint then exits his cruiser and orders mr cardu to get back inside his car. As we have mentioned in many other episodes of ata, the supreme court has unequivocally established that police officers can order individuals to step out of a vehicle during a traffic stop to preserve officer safety. This authority extends beyond orders to exit a vehicle and, in general, individuals must comply with instructions from officers attempting to maintain control of the traffic.

Stop while exiting your vehicle after being pulled over is not illegal officers typically view such actions as aggressive suspicious and a threat to their safety. Additionally, when a citizen steps out onto the road during a traffic, stop oncoming traffic can pose a threat to their own safety. As well, for these reasons, while mr cardu did not break the law by getting out of his car, a court would almost certainly determine that deputy lapont was within his authority to order him to get back into the vehicle i mean, i think it just. I think this comes without any generation registration insurance.

What do you stop me for license registration? Stop me and insurance. Would you stop me for license reason for the stop you'll find out? I have your information supervisor you'll find out as soon as i have your announcement. I inaudible so you're failing to identify yourself with a traffic. Stop i'm not failing to identify at a traffic.

Okay, video! All you want you're free. I have no body cam sense. I stopped you first, please it doesn't disappear. It's public record.

I know it's public record license registration and insurance. What's the reason for the stop, you fail to yield to a police, barricade you're screeching your tires as you leave you're driving fast you're, obviously frustrated. So i'm asking for your license your registration and insurance on a lawful legal stop. Mr cardu refuses to provide his license registration and proof of insurance to deputy lapointe and instead requests a supervisor and deputy lapointe argues that mr cardio is required to identify himself because the traffic stop was lawful under section 322.15 of the florida statutes, drivers must have their License in their immediate possession at all times when operating a motor vehicle - and we must present it quote upon the demand of a law enforcement officer.

Nevertheless, officers cannot lawfully stop a vehicle without at least reasonable suspicion of a traffic, offense or crime. Here, deputy lapoint claims that he stopped mr cardu because he failed to yield to a police barricade screeched his tires drove fast and was quote obviously frustrated according to section three. Sixty frustration of the florida statutes quote: it is unlawful to drive around any barricade erected for the purpose of closing any section of a public street or highway to traffic during the construction or repair thereof, or to drive over such section of public street or highway. Until again thrown open to public traffic, and while it is arguable that mr cardu violated this statute, when he drove past deputy lapointe's vehicle, deputy lapointe had already stopped mr cardu about this issue and informed him, he was free to drive home.

Nonetheless, it is possible that a court would conclude that deputy lapointe had reasonable suspicion to detain mr cardu, based on his aggressive driving section 316.154 of the florida stack guys guys, who did i talk to guys, i think was an rp cop was actually called didn't. He did he say that, like um, uh yeah, i don't remember what he said actually prohibits improperly starting a vehicle states that quote no person should have done it standing or parked. Unless and until such, i feel like you go if you go to courts for why you were stopped initially right and there is like some some stuff that you kind of did or whatever i feel you're just gon na get rolled. I i maybe i'm wrong about this, though i i i think i think, if, if you say, oh whatever happens, it doesn't matter because of why i got stopped, they will pull some whatever in court and you're gon na get rolled movement could be made with reasonable Safety in the 2002 case of donaldson versus state, the fourth district court of appeal of florida concluded that an officer did not have reasonable strength again.

They could be like oh dude uh. I thought his back left light was out when it wasn't so he can still do a stop technically, which just sucks, but it's kind of like this statue, despite the fact that the officer testified that the vehicle's tires were squealing, because the officer did not see the Defendant's vehicle start from a stopped position. However, in reaching this decision, the court did not invalidate the state's argument that starting and driving a vehicle at such a rate of speed so as to cause the tires to squeal violated this statute and, in the 2011 case of state versus rudder, the supreme court of Vermont distinguished this decision from a case where the officer did observe an individual stop and start their vehicle. Well, i don't get determined that these places are happening, so you're not allowed to accelerate fast, even though you're not bringing a speed limit.

So if you want to you're not you can't accelerate fast suspicion that a driver violated a similar vermont statute when he quote unquote, peeled out with his tires spinning and his engine revving. If a florida court applied similar logic to this situation, it is likely it would hold that deputy lapont had reasonable suspicion to stop mr cardu, because he observed mr cardu start his vehicle from a stopped position in a manner that caused his tires to squeal. Okay and you're failing to provide any identification, i'm not failing to provide okay, it's been handed to me all right. Can i request a supervisor before i hand it to you, you can hand me the information first before you start feeling your identification supervisor, please.

You do realize that feeling to provide identification is arrestable cops. Man did you get picked on as a kid? Oh, you got it picked on people. Listen i'm not going to feed into your boy. I know you're not going to feed in the pool talk.

All you want, it really means nothing to me. Well i don't know, i don't know when this is good too, but okay go have fun november 2021. So you're you don't have an insurance card. That's updated! Try this one i'll, give you like six of them.

Okay, how about the right one? How about all the information is the same? This one's may 2021 that one's november 2021. all right is it electronic i'll? Give you the opportunity to pull up the digital one you're going to write a bunch of tickets anyway, all right? What happened so he failed to yield to the police barrick. He went around me so i stopped him and then he decided what else to understand and explain to you. Yes, he went around so i stopped him.

I hit the hit the uh siren to get him. He finally stops after he's beyond the barricade. So then he caused an attitude and he figures out we're going to figure out. Where he's where he's going he's going to start burning his tires and taking off like crazy and his tire starts.

You know he starts fishtailing and all that, so that's my health got that on camera right. We all carry body warm cameras, it's been it's been on, since i i talked to the first time, so you got me fish talent and losing control of the car right. I got you peeling out and all that i didn't have to talk rapidly did not break traction. I hope you got that on camera because i'll see you in court.

Okay, all right! Well, my lawyer, maybe i'll be making my lawyer. Maybe you should be, or ultimately with my lawyer, this guy's got an attitude. Man from new york, yeah he's got an attitude and he wants to jump out of the car. Like he's king.

Well, no, the re. We got this already blocked off. For a reason. I get it.

I was up there and i turned around and drove all the way around. He didn't open the door roll the window, nothing. So i started to go yeah, but you get if we got barricades up. You can't just drive around the barricade.

Well, people that you can't go home, you can't go to the place you're supposed to have to ask him to see to make sure that, because we can't verify that until we talk to you when he hit the thing i completed my stop and he gets out With an attitude you don't see the patrol car, no, obviously i see it i didn't crash into it. Well, the part is that you can't drive around the barricade. To begin with. This is retaliatory because i gave him an attitude.

He wouldn't have done this. If i didn't give him an attitude, obama, okay, okay, he's right, but the thing is that they're both rights, nobody wins they're, just being a bunch of you're, not gon na, like it right. You requested it yeah! You didn't hear me. Do you want him? It's true, but a lot of times you being right, doesn't do that doesn't help supervisor at the beginning of this interview.

Oh my god, you didn't request one. I asked you to request a supervisor. It's on your body, camera at the beginning of this stop. I will let him know what's going on now.

You want to do it and detain me longer. So here's your information drive around guys. If you think the world works like that, wait till you get a girlfriend holy detour barricade it's 164 dollars. Thank you.

How hard was that my name in badge is la pointe 6854. I don't have to provide you any actual documentation there. You go pasco county sheriff's office, so you don't forget that one! Okay, you still want a supervisor yeah, okay, yeah yeah, i'll i'll. Let them know how long to do that yeah you want one or not, which i'm gon na fall.

You want one or not. Oh, i don't want it. Okay, that's what i figure. That's why we didn't call one.

I don't get it you're all set, have a good day, you're all set. I don't want you to talk yourself in the handcuffs. Have a good day take care. Mr cardu continues to voice his displeasure about the stop to deputy lapointe, who tells him to move along before he talks himself into handcuffs apparently threatening to arrest.

Mr cardu, for his speech. Section 877 - oh, i mean dude, okay, okay, okay, okay, this youtuber! I, like him a lot, but i think he knows exactly what he's saying. No, if the guy says something really bad, he will go into handcuffs. Yes, that's how that happens.

The florida statute states that quote, whoever commits such acts as are of a nature, to corrupt the public morals. If you threaten somebody, especially the officer, if you say, if you do, if you vocalize a threat right, yes, you go into cuffs or outrage. The sense of public decency or affect the peace and quiet of persons who may witness them or engages in brawling or fighting or engages in such conduct as to constitute a breach of the peace or disorderly conduct shall be guilty of a misdemeanor. This is so stupid.

This is just so stupid. Yeah there wasn't any threat. I just said i just said it: you can talk to some of the cups. It's the thing you can send me the opening and you guys said, question mark and that's not true, and then i said it.

Yeah, if you say a threat, oh who's in there. Okay, if you make a blanket statement, you don't get the back out of it, because i'm specific so you're stupid, like what the second degree, but as the first district court of appeal of florida noted in the 1986 case of delaney versus states, could, in certain situations, Infringe upon the right to free speech, the court has limited its application to verbal conduct, which falls outside the scope of constitutionally protected speech in the 90s. I don't get it certain situations infringe upon the right to free speech. The court has limited its application to verbal conduct, which falls outside the scope of constitutionally protected speech.

In the 1976 case of white versus state, the supreme court of florida explained that quote in determining the narrow line between constitutionally protected speech and that which is unprotected. It is imperative to consider the circumstances in which the words were uttered. The statute must not be construed to limit the use of a socially impermissible work merely as a tool of communication. Such expressions are constitutionally protected.

The court then clarified that oral non-verbal acts which infringe upon the rights of others to pursue their normal lawful activities are not constitutionally protected, even when accompanied by the use of constitutionally protected words and ultimately concluded. That quote mere words used as a tool of communication are constitutionally protected. The protection fails as a tool of communication, exactly only when, by the manner of their use the words invade the right of others to pursue their lawful activities or by their very utterance. They inflict injury or tend to incite an immediate breach of the peace in this that, okay, that is so vague and blurry of a sentence.

You could literally go out in court in a win with anything at all that that breaches the peace or tent inside immediate breach. This is like this is like. Oh, i mean you're going to get some more very big. Yes, they inflict injury or tend to incite an immediate breach of the peace yeah.

You did not engage in any conduct beyond arguing with deputy lapointe, exactly remained in his vehicle, kept his voice at a reasonable volume and did not take any actions to prevent deputy lapoint from leaving, as we have often discussed here on atf supreme court stated in the 1987 case of city of houston versus you're, canadian bro shut the up. Everybody listen you're, never gon na make me feel bad for being canadian compared to being american. You will never make me feel like i'm like i'm like i'm belittled or lesser than being. In being being a american, what is wrong with you man? What does one do i don't care, be american or canadian, but you know you make me feel bad for being one one or the other like.

What are you talking about? What is on this guy pill? That quote the first amendment protects a significant amount of verbal criticism and challenge directed at police officers, and it is clear here that mr cardu was doing nothing more than criticizing and challenging deputy lapointe's behavior. Therefore, a court would likely determine that mr cardu did not commit disorderly conduct and could not be lawfully arrested for his speech. True, i agree with him. Take care yeah as a police officer, it's their job and duty to move on their lives and not be ego and do their jobs when the job is done to move on.

Even if the person is upset and annoying them and wants to be disruptive, it's their job to know better and not follow the debates. They should know better 100. The job is done, they serve the public. The public has been served.

Moving on in a story, i said i don't want you to do that, go go you don't want me to talk myself into handcuffs you're threatening me. No, i'm not that's not a threat. What are you gon na arrest me for that's an education of the law? What are you gon na? What are you gon na you're all set have a good day, eventually, both deputy lapoint and mr cardu drove away and mr cardu was able to return home during the encounter deputy lapointe wrote mr cardu three tickets, one for driving around a barricade, one for improperly starting A vehicle and one for operating a motor vehicle without proof of insurance. Mr cardu has since claimed that one of the insurance cards he presented to deputy lapointe was unexpired and has indicated that he intends to fight all three of the citations.

As of the date of this episode, court records show that all three cases are still pending. Overall deputy lapointe gets a c-minus because, although he likely had reasonable suspicion to stop mr cardu, he maintained a hostile and aggressive demeanor throughout the encounter failed to call a superhero. Also, maybe on the dump, but i feel like he had also a risky uh positioning for for his safety uh around the car yeah. Maybe i'm i don't know mr carter requested one and seemingly threatened to arrest mr cardu for constitutionally protected speech.

Additionally, it cannot be ignored that mr cardu originally attempted to communicate with deputy lapointe before driving onto the closed street, both by using his turn signal and stopping next to the cruiser and deputy lapointe did not respond to him. It is unclear why deputy lapointe failed to either notice or acknowledge mr cardu, but it is evident that if deputy lapointe had simply taken the time to roll down his window and talk to mr cardu before he drove onto the street, this entire situation could have been Avoided many interactions between officers and citizens occur outside the context of a formal traffic stop or detention, and deputy lapointe failed to take advantage of this opportunity to communicate with mr cardu before pulling him over. This encounter demonstrates the importance of proactive policing and how officers can prevent unnecessary escalations by simply being aware of the citizens around them. Mr cardu gets a b because all these frustrations, oh go: okay, okay, okay, dude, dude, dude audit, the audit, let's back it up! Let's chill the out dude situation were completely understandable.

He demonstrated hostility throughout the interaction, failed to invoke his right to silence and seemingly attempted to provoke deputy lapoint at several points in the encounter. While all of mr cardu's speech was protected by the first amendment, that does not mean it was productive or advisable here. Mr carducci, a lot of hand, movements a lot of hidden hands getting out of the car dude dude dude dude who's that confrontation to comply with deputy lapointe's demand for his license. Registration and proof of insurance extended the length of the traffic, stop and prevented him from getting home in a timely manner.

Similarly, the aggressive manner in which he chose to do this is not illegal, dude dude. Why would you risk your life? You know how the cops are man you, you know the dude, you know how the how it goes like it. Why would you? Why would you what, if i would you risk your life to hey man cause i can do whatever? I want man because it's not illegal bruh. What is wrong with you, man, what maybe you're going to be right, you're going to be dead? What does that do from the initial trap? How does that be that you were right if you're dead gave deputy lapointe reasonable suspicion to stop him again? And while i do not necessarily believe that pulling him over was necessary or appropriate, a court would likely side with deputy lapointe in any dispute over this issue and mr cardu kept his temper under control and calmly explained the situation to deputies.

The point he likely should hit his hands jcs, where they watch interrogations guys i should have. I should have played scenario okay in in both eyes of both parties. Okay, i just felt like i just felt like i if i was the officer, if i would, if i was a stronger insurance okay, i would not. I just wouldn't feel that easier man, just just the way that he's he's leaned in you only see one hand towards the side and you don't see the other hand.

I don't like that. What do you stop me for license registration? Stop me and insurance? Would you stop me for what license reason for the stop, you'll find out a superb information and his attitude he's confidential and whatever what happens? If you pull out a juicer and you go boom boom, then what you'll find out as soon as i have an option? So you're feeling so you're failing to identify yourself with a traffic. Stop i'm not failing to identify at a traffic. Okay, video! All you want you're free.

I have the body cam. Since i stopped to the first place. It doesn't disappear. It's public record.

I know it's public record license registration, i'm right low, w yeah - i i don't know what i know this chance is being weird about this guys. I always said that that the there's an interaction they're, both writing they're both wrong. I don't i don't agree with any of this. I can explain, but it'd be too long.

Well, it was in my perspective, it was. It was my. It was my perspective that this guy was being agitated. It was being very agitated being out being outside the car.

During a traffic stop, are you crazy? That's like that's like the top three things on how to get shot. Oh, what is wrong with you, man? What's up with you for the stop, you failed to yield to that you get shot man you're screeching your tires as you leave you're driving fast you're, obviously frustrated. So i'm asking for your license your registration and insurance on a lawful legal stop. Mr cardu refuses to provide his license and then this this chat is some libtard he's gon.

Na be honest, this is an absolute hardcore. Radicalized left wing hassan abby, watchers tier three sucking lip guard. I actually cannot. I cannot you guys actually cease to think rational thoughts anymore man holy dude.

Give me you.