Internal Affairs Officer Thinks He Can Talk Himself Out Of Arrest

On 2/24/24, at approximately 2310 hours, an officer observed an individual operating a motor vehicle with a Florida tag at a high rate of speed and weaving through traffic while traveling southbound on SR-874 and SR-821. The driver failed to use turn signals and followed other vehicles too closely. The officer paced the vehicle at 91 mph in a 60 mph zone for about 0.5 miles before initiating emergency lights and siren, stopping the driver on the right-hand shoulder of the Turnpike. The encounter was recorded on the officer's body cam.
Upon initial contact, as captured on the body cam, the officer noted that the driver had bloodshot, watery eyes and a strong smell of alcohol on their breath. When asked about alcohol consumption, the driver stated they had consumed one drink. The officer requested the driver’s license (DL), registration, and proof of insurance. The driver identified themselves as a K-9 officer, presenting a Miami-Dade Corrections ID, and mentioned working in narcotics and internal affairs. After a second request, the driver provided their DL but was unable to produce the other requested documents. Due to the unsafe location of the stop, the officer instructed the driver to proceed to the Miami Dade Police Department South station. At the station, the body cam footage recorded the officer requesting the documents again, but the driver could not locate the registration or insurance, attempting unsuccessfully to find them on their phone.
While the officer ran a check on the driver and the vehicle through FCIC/NCIC via dispatch, the driver exited the vehicle, refusing to comply with instructions to return inside. The officer, as recorded on the body cam, then detained the driver in handcuffs and placed them in the patrol vehicle. During a pat-down, the officer found a concealed Glock 43 (S/N BGKF568) in the driver's waistband. Officers Z. Tuckfield and M. Espinosa arrived on the scene shortly after.
The officer asked the driver if they would perform Standardized Field Sobriety Tasks (SFSTs). The driver initially did not respond but later agreed. The officer administered the seated battery of SFSTs, noting the following clues on the body cam:
Horizontal Gaze Nystagmus
• Lack of smooth pursuit: 2
• Distinct and sustained nystagmus: 2
• Onset of nystagmus prior to 45 degrees: 2
• Vertical Gaze Nystagmus present
• Total Clues: 6
Finger to Nose
• Unable to follow instructions: 1
• Wrong hand: 1
• Hesitated: 1
• Searched: 4
• Missed tip of nose: 5
• Total Clues: 12
Palm Pat
• Unable to follow instructions: 1
• Rolled hands: 1
• Double pat: 1
• Chopped pat: 1
• Did not increase speed: 1
• Total Clues: 5
Hand Coordination
• Task 1 - Forward Steps: Improper touch: 1
• Task 3 - Return Steps: Improper count: 1, Improper touch: 1, Did not return left fist to chest: 1
• Task 4 - End Position: Improper position: 1
• Total Clues: 5
Based on the totality of circumstances and the driver’s performance on the SFSTs, the officer determined that the driver was operating a motor vehicle with impaired faculties. The presence of vertical gaze nystagmus suggested the ingestion of high doses of alcohol and/or narcotics. The officer’s body cam recorded the driver’s arrest at approximately 2350 hours. The driver was read Implied Consent, but they refused to provide a breath sample at approximately 0018 hours at the MDPD South station. While in custody, the driver became belligerent, displayed a range of emotions typical of intoxication, slurred their speech, and made incoherent statements.
At the driver’s request, the officer contacted their supervisor to inform them of the situation and arrange for their dog to be picked up the following morning. The officer also allowed the driver to contact a family member to retrieve the vehicle and firearm, which was left in the glove box. While completing paperwork in the patrol vehicle, the driver reiterated that they had consumed alcohol. The driver was transported to TGK, where they were booked for operating a motor vehicle with impaired faculties under F.S.S. 316.193(1)(a) and refusal to submit to a lawful breath test under F.S.S. 316.1939(1)(a). This incident was recorded on the officer’s body cam.



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