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Criminal Lawyer asks Judge to Exclude Field Sobriety Tests

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Criminal Lawyer asks Judge to Exclude Field Sobriety Tests


#Criminal #Lawyer #asks #Judge #Exclude #Field #Sobriety #Tests

Criminal Lawyer Argues to Judge that the Police Officer Violated Client’s Rights by Misstating the Law in order to gain consent. Consent gained based upon a police officer’s misstatement of the law is invalid.

If a police officer gains consent by misstating the law. The Judge will rule that the consent is invalid. At that point, any evidence obtained as a result of the invalid consent is will be held back from the jury. They’ll never see or know about it.

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00:40 Body Cam
03:50 Direct Exam of Police Officer
06:50 Cross Exam of Police Officer
11:50 Judge

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36 thoughts on “Criminal Lawyer asks Judge to Exclude Field Sobriety Tests”

  1. Should have not answer cops question concerning drinking. Should have simply said I don't answers questions.

  2. Correct me if I'm wrong, but the judge ruled that the officer unlawfully coerced the defendant into performing the FST. Was there also a ruling that there was no probable cause to arrest? Does unlawfully compelling someone to do a FST violate 18 USC §1589(a)(3) or (4)? If it's the cop's job to develop probable cause, isn't extorting someone else to do their job the literal definition of forced labor? Was the defendant stopped on, or transported using part of the National Network (to include STAA terminal and service routes)? If so, does this satisfy the "means, facility, or instrumentality of interstate or foreign commerce" element of 18 USC §1201(a)? If so, does this satisfy the kidnapping element in §1589(d), justifying a possible life sentence? Did anyone present swear out a federal warrant for the officer? I'm sure analogs to these sections exist somewhere in Florida statute; did the prosecutor bring State-level criminal charges against the officer? Why is the penalty for criminal actions by arresting officers that the defendant walks? Why aren't scofflaw police doing hard time for things like this?

  3. I invoke my 6th amendment right to counsel, I invoke my 5th to remain silent. Then STFU, and call your mouth piece. Carry a second phone, even if it doesn't have service. Use it as a camera, with a wifi hotspot enabled your main phone, use it to stream or record to the cloud. That also will allow you to call your lawyer, while still gathering video. Be smart people, don't give them anything, you don't have to. It WILL be used against you.

  4. 1:00 There's only one correct answer to this type of question, and it should be used every time a COP says anything with a question mark. "Sorry, Officer (Deputy, Trooper), I don't answer personal questions to strangers."
    1:30 "No Jack Daniels'?"
    Officer, do you have any idea of how much a pitcher of Jack would be? I can't afford that.
    4:25 "If you don't do the FSTs, I have to go on my observations so far, and arrest you for failure to submit."
    Once again proving that COPS lie! COPS would rather lie than do actual police work. They mostly have no idea how to do a proper investigation, they would rather lie and get the suspect to confess.

  5. If there's one thing I've learned from all these videos from various sites lately is that when they start asking questions that have nothing to do with why they stopped you you're going to have to respectfully decline to answer and that you'd like to be on your way.

  6. Your a BOSS and your informational videos with courtroom audio included is by far above par and you set the bar high for any other lawyers doing the same type of vids without actual case audio included like yours will never be as good as you posting full rounded case scenario informational vids. Keep it up and and keep your pimp hand strong with the courtroom smack downs you deliver and one day you will have amassed the large subscriber count you deserve if you keep posting vids like this one or better if you compare and contrast different and similar cases and include screen shots of state and gov. supreme court rulings and quotes as well.

  7. The cop was saying the exact opposite of the truth. The defendant was questioning being required to do FST and referred to a breathalyzer test is what he was required to do (or have his license suspended). I heard the cop lie repeatedly on the stand, especially pertaining to these statements reversed.

  8. Officers are NEVER held accountable for actions in cases like this. Don't argue that the case was dropped or not. What about the defendant and his arrest and what he had to go through.

  9. this is a prepared witness? he testifies on the stand to the exact opposite of what we saw and heard on the vid
    and yes, do a second vid…because it's clear that the blow test showed him below the legal limit and he did not have pc for a urine test

  10. Secondary to the how much have you had to drink – is acknowledging the officer's stated observations/cues by not refuting them. I.e., I smell alcohol: yes, I told you I had a couple beers with my pizza. Your eyes are red & glossy: it's been a long day, and I have allergies – have you seen the pollen index?.. I notice your speech is slurred: you don't know me or my normal speech pattern, this is how I talk.
    …Then again, that's probably too much info.. just my observations.
    …can't believe he lied about your client not wanting a breathalyzer..
    A second video would be nice. 😊

  11. If the cop clearly messed up and the prosecutor is aware, why won’t they just drop it?

  12. Take note that on mobile devices, YT automatically blocks content such as this by forcing "Restricted Mode" that cannot be turned off. This disables me from commenting and viewing comments. That said, now that I am on a desktop, I'd love to see a part two, or more types of topics such as this video's.

  13. I'm an Army veteran about to head into law school, and your videos are amazing! Your analysis and breakdown of current laws and how the circumstances of your cases fit or don't fit into the current statutes are amazing. It's really giving me a great practical application of the law and procedures related to the courtroom. Please keep producing great content.

  14. Interesting video Jeff!
    The buttheads at YT turn off CLOSED CAPTIONING during every ad, a multitude of ads. CC is nice to confirm the audio conversation.

  15. I've added Closed Captions to make it easier to follow along with the Courtroom and Body camera Audio. Thank you for watching – keep your eye out for part 2.

  16. Perfect example of criminal behavior by someone sworn to uphold the law . Would love to see everyone held to the same standards . If it’s illegal to lie to a cop why isn’t it illegal for a cop to lie to you ?

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