The Tallahassee Police Department and the Big Bend Police Benevolent Association have responded to allegations that a TPD officer “planted evidence” during a DUI traffic stop in May, 2023.
The allegations were posted on the left-leaning political blog, Our Tallahassee, along with edited clips from a officer worn body camera.
The official arrest report says Officer Kiersten Oliver stopped Calvin Riley Sr. after observing Riley driving at a high rate of speed on South Monroe and with no headlights on. Riley told the officer that he had been at a local bar where he consumed a couple of beers.
The officer determined that Riley’s driving license was suspended and indicated in the report that Riley refused a field sobriety test.
Officer Margaret Mueth, who was also on the scene, reported that a “search of Riley’s vehicle yielded a small (approximately 5 fluid ounces) bottle of vodka that was opened, in a pocket on the driver’s seat cover.”
However, in a pre-trial motion, Riley’s defense attorney argued that the arrest was tainted when Officer Oliver opened a bottle of vodka found in Riley’s car, disposed of the contents, and placed the bottle back in Riley’s car. The defense contends the bottle was sealed before the officer opened the bottle.
The defense stated in the motion that the prosecution was “based on a fundamentally flawed stop and search.”
Riley’s trial is set for Friday, April 5.
TPD, PBA Responds
TPD, in a press release (provided below), stated officials “thoroughly reviewed the incident and did not find any evidence of misconduct” and added “we will make the full video available for release after the trial has concluded.”
“It is reprehensible that video intended to sway a jury and do a disservice to those involved in this trial be released when and how it was,” said Police Chief Lawrence Revell.
In addition, the Big Bend PBA issued a statement attributed to Big Bend PBA President Richard Murphy Friday morning, stating, the “planting evidence” allegations is an attempt to bias the jury pool.
The release stated, “Biased reporting is not a new phenomenon, especially when police officers are involved, but “Our Tallahassee’ reporter, Max Herrle, has taken biased reporting to a pathetic new level. In a video that he obtained, Herrle gives an unofficial narration during a police stop involving a DUI incident. The reporter takes great liberty to narrate what Police Officer Oliver was doing at the time of the stop and her apparent motivations.”
Murphy also called for an investigation to determine how the body cam footage was leaked.
Murphy said, “We call for an immediate investigation into how the officer’s body cam footage was leaked to this reporter in an attempt to interfere with an official court proceeding. We are also exploring our legal options to prevent further jury tampering in future cases involving our members. Contrary to Herrle’s bogus report, the only plot that existed here is the one in which he was complicity engaged in with whomever provided him this body cam footage. This is outrageous!”
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TPD Press Release
The Tallahassee Police Department is aware of portions of body-worn camera video that began circulating on social media two days before a case was set to go to trial. We have thoroughly reviewed the incident and did not find any evidence of misconduct. We are confident with the charges and we respect the judicial process and believe it is vital for a fair trial. Therefore, we will make the full video available for release after the trial has concluded.
“It is reprehensible that video intended to sway a jury and do a disservice to those involved in this trial be released when and how it was,” said Police Chief Lawrence Revell. “We are committed to adhering to and enforcing the law while conducting ourselves in an ethical and moral manner. Additionally, we condemn any attempts to manipulate or impede the judicial process as seen with the release of this video. We assure the public that we will continue to do our part to ensure justice is served while upholding the principles of fairness, transparency, and integrity.”
Big Bend PBA
“Biased reporting is not a new phenomenon, especially when police officers are involved, but “Our Tallahassee” reporter, Max Herrle, has taken biased reporting to a pathetic new level. In a video that he obtained, Herrle gives an unofficial narration during a police stop involving a DUI incident. The reporter takes great liberty to narrate what Police Officer Oliver was doing at the time of the stop and her apparent motivations. According to Herrle, Officer Oliver engaged in a deliberate plan to plant alcohol in the suspect’s car in order to effectuate a DUI arrest. The Tallahassee Police Department reviewed the incident and found no evidence of misconduct.
This outrageous story published yesterday, the day before the suspect’s trial begins, can serve no other purpose than to taint the jury pool by vilifying our police officer. We call for an immediate investigation into how the officer’s body cam footage was leaked to this reporter in an attempt to interfere with an official court proceeding. We are also exploring our legal options to prevent further jury tampering in future cases involving our members. Contrary to Herrle’s bogus report, the only plot that existed here is the one in which he was complicitly engaged in with whomever provided him this body cam footage. This is outrageous!”
TPD, Police Union Responds to “Planted Evidence” Allegations added by Staff on
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The bias reporting is here. why mention “left leaning”? Red states are infested with demonic energy. How you expect to meet your maker wasting your life validating hatred is beyond me.
Modern right-wing ideology appeals to the most spiritually broken people on Earth.
JESUS REBUKES YOU, SATAN.
Driving at a high rate of speed is with your headlights off is not evidence of driving under the influence or driving while impaired.
As is his right he can refuse any field sobriety testing , but this refusal does comes with consequences.
It’s clear that the officer in question broke the seal on the container , placed the cap back on the container and tossed it haphazardly in the front passenger seat to give the appearance that the driver could have been drinking while driving.
The fact is this isn’t true , at least there’s no evidence to show this.
What was in the cup that was in the console ? If she wanted to strengthen the case for DUI or DWI knowing the contents of that cup would have been extremely important.
I was a Peace Officer for 13 years and during that time I’ve written hundreds of reports and came to learn that one error / untruth if discovered was a valid enough reason to find an entire report null and void.
So opening a sealed bottle is prodocal cuz you can’t tow fluids so you poor it out and throw it away, but you don’t throw it away. You throw it back in his car and tell partner of opened bottle which she labeled for the evidence. I should of said this first but it good now to say it. What are any of those cops going to follow laws regarding arrests. When a cop pulls someone over and says that they smell marijuana that is not probable cause to search a person’s car. Even if a dog alerts does not give them the right to search someone’s car! Can anyone say that when asked about his charges, she didn’t say suspended license? That bottle was used to determine his DUI. How many more have they done like that. The union is only worried about how the tapped was leaked and now the video was leaked and not the conduct of his officer at all. It’s crazy how even the small crimes cops with even cheat truth in misdemeanor to inconvenience you. Lightning should strike the unions that backs cops in all states, corrupt judges and definitely the one that wear badges and don’t protect n serve at all. Lightning should hit them, then rain heavy on them , then lighting strike them again
The bottle is totally irrelevant. He was observed driving without headlights at 2 AM, more than enough probable cause to stop him. He was clearly impaired and the standard check of his license reveled he was suspended and driving a vehicle with a revoked registration because it was not insured.
To all you arm chair quarterbacks out there, cops see drunk drivers daily and there was nothing on the edited body cam that was suspicious so everyone calling the cops corrupt or wrong and accusing them of “planting” evidence, the next time you are the victim of a crime you are still going to call them so STFU about it. You aren’t out there so you know nothing and therefore are wholly unqualified to comment at all. (yes I have law enforcement experience)
Another black eye for law enforcement. Way, WAY too many things not right comparing body cam footage and her statement of facts in her report and testimony. When a defendant testifies and state numerous times “I don’t recall”, “I’m not sure” and “I can’t remember “, it’s usually assumed they are lies. When an officer responds the same way, it’s assumed they’re being honest. As we’re seeing more and more, that’s not the case. We used to believe the police were honest and had integrity. Times have changed. She clearly stated in the video she found an open bottle of liquor in the car. It wasn’t. If she lied about that, then it has to be concluded the report in part or in whole was fabricated and not accurate. I’m amazed that an officer that comes up with a regulation when there wasn’t one can be called honest. Or a good officer.
I just watched the full body cam video. I have 25 years in law enforcement, 23 with the FHP and made a number of DUI arrests and worked a lot of DUI crashes. While I’m generally pro-law enforcement, I’m also the one that talked the city into dumping their red light camera money losing scheme.
First, DUI in FL is comprised of 3 things-
1. Driving a motor vehicle
2. Within the State of Florida, and
3. Under the influence of an alcoholic beverage or controlled substance to a point where normal faculties are impaired.
Unless at a checkpoint, police can’t stop a driver w/o cause. In this case, he was in violation of FS 316.217, driving w/o headlights at night, specifically after 2:00 AM, which is when bars close. The officer spoke of witnessing unsafe speed. So there was in fact cause for the stop.
The fact he could not over time produce a driver license upon demand of an officer supports his impairment. He shuffled through a number of papers, dropping some, and never said his “ID” was at work until after being arrested. BTW, a “seize tag” memo on his registration means he’s also uninsured- his registration has been canceled. After refusing field sobriety tests as required by law (and no, police cannot get a warrant to make him walk a line, etc.), he kept asking the same thing about his phone. The other officer answered it each time. Repeating the same question that has been answered is another sign of impairment. Then there’s “Wow he reeks of alcohol”. Later on, arguing with the officer about smelling marijuana also are the actions of an impaired person. Repeated “I ain’t doing nothing until I talk to a lawyer” is heard from the back of the police car after the other officer asked him to submit to a breath test, so there’s the answer to that. He talked over the officer while she was reading implied consent to him. Again, sober people don’t do that. Finally, people that aren’t drunk have no problem taking a breath test- it would actually bolster a case for a bad arrest.
Pursuant to newer case law in Arizona vs Gant, police are generally not authorized to make a search of a vehicle incident to arrest unless there is evidence of a related crime (such as drugs when drugs were found on the driver). If they’re towing it, they can make an inventory search to protect the department from liability for claimed missing valuable items, so that’s why they legally went into his car.
Let’s say he had a valid license. The officer faced a decision point here. Do you let him continue to drive given the above known information? What happens when a mile down the road he crashes into a family and kills someone? A warrant for a blood sample is obtained and his blood alcohol content is twice the legal limit. Refusing sobriety tests in addition to having a suspended license and no insurance put him in the back of that police car. I’m glad the officer took him off the road.
The fact the officer opened a bottle and poured it out is irrelevant to both the DUI and the other criminal charges. There was no evidence planted- the bottle came out of the car, and again, it is irrelevant. I don’t know why so many people, to include his public defender, are so hung up on that.
After arrest, the next step in this does not involve a bottle, it involves a breath, blood, or urine test. The most common and least intrusive of these is the breathalyzer. Why didn’t he submit? On a traffic stop, contrary to internet lawyers police again cannot get a warrant to force a blood draw. That’s only for serious injury or fatal crashes (FS 316.1933).
What’s amazing to me are so many uninformed comments about this situation. I hope his jury is not likewise uninformed.
Oliver claims Riley was speeding (despite no radar gun or pacing), driving erratically (despite the dash cam not showing it), and didn’t have his headlights on (again, no dash cam). She further goes on to say she smells marijuana and alcohol. Riley told her she was a liar and he was going to have her job over this. That was about the time the opened liquor bottle was planted. This was an obvious attempt at a frame-up. In that one act Oliver surrendered any and all credibility she may have had. If she’s willing to plant evidence is there anything she won’t do to obtain a conviction?
This calls into question any cases she may have worked over the years. Is it possible this was her first time planting evidence and she got caught? Maybe, but not likely. Can any testimony she may have given over the years be credible? Can any evidence she may have vouchered be trusted? How can any convictions she contributed to withstand scrutiny?
Oliver’s actions are not debatable – the video settles that. The big question is what will come from this?
Any time a story confirms a bias, Im tempted not to trust it. So Ill wait for this to run its course.
I love how this “new site” decided to say “planted evidence”. What a joke. Also, what in the world is leaking public information to a journalist?
Secondly, the body camera footage is literally *our property*, it wasn’t ‘stolen’ and ‘leaked’. Someone asked for it, because that is their right.
Here’s the thing; when TPD had a few shootings a while ago, they had a full bodycam footage, with accompanying narration, released nearly immediately. This debacle was on the front page of Reddit since Thursday, and TPD has yet to find the oxygen to release the supposedly exculpatory, non edited footage with narration. Why not? Because it doesn’t do what they say it does.
For that matter, why hasn’t TallahasseeReports asked for the entire video so *they* can post the it to expose how the ‘left leaning’ OurTallahassee has nefariously edited the videos instead of a “sloppy hit piece”?
End qualified immunity of have payouts for this kind of thing come from the TPD pension fund and we might see it stop. This is a damn shame but this is the kind of thing that makes people not trust the police.
I’m interested in knowing why around 10 public defender office lawyers, several of whom were wearing Antifa/BLM style shirts, an anti-law enforcement city commissioner, and four members of TCAC were sitting in the audience during the trial? Witness intimidation maybe?
That’s why ppl no longer respect the police, she should be in jail for her criminal action!
The speeding/no headlights stop is based solely on a proven, self-admitted officer who committed perjury in this very case, and is no longer credible evidence of a lawful stop. The suspended license charge was only discovered after the most likely illegal detention. The DUI is based SOLELY on the PLANTED open container, and the proven, self-admitted falsified report that was falsified after the open container. No BAC test at the station, the officers report directly conflicting with statements and actions seen on body worn camera. Not just planted evidence but also smell of alcohol, driver impairment, alcohol in the cup that was never tested or even smelled etc. It was all manufactured AFTER the officer planted the evidence, then knowingly perjured herself by reporting to her supervisor that she could arrest him based on her own planted evidence.
Why don’t they use objective tests like blood or breatherlizers to determine dui like other 1st world nations
First I’ve seen the video edited version and a fuller version on another Chanel obtained by FOIA request, and I’ve seen some of the deposition footage of the officer. Second the empty bottle is being used as evidence for the DUI. The defense tried to have it suppressed but the judge ruled its for the jury to decide, the defendant did admit to having a couple of beers and was driving on a suspended which in florida is a ticket able offense not arrestable unless you have a recent history to show you are a repeat violator, the defendant does have a history of driving on a suspended license, however his most recent record of driving on a suspended is over ten years old, she pulled him out of the vehicle stating she smelled Marijuana and they repeatedly questioned him in the back of the squad unit about his Marijuana use. They found no Marijuana and it’s highly known as an arbitrary and trained reason to use to detain and arrest a subject without probable cause and swarch a vehicle, wildly used in florida and elsewhere. While in custody he did admit to having a couple of beers at a bar, though we do not know how many or over what time period this occurred ,we do not know what rate of speed he was driving as no evidence as far as I can find shows there was speed detection used just the officers observation that he appeared to be speeding, he also was driving without activating his headlights ,on what appears to be a well lit road on the video. Please understand I have done the same on accident when someone turned my auto headlights off and it took several miles until I looked down to realize they were not on. It happens all the time. I see drivers unaware until you shout out a window or flash headlights At a stop at them. He did refuse a sobriety test which if the officers thought he was alcohol impaired they could have called in for a warrant and easily gotten they did not. Under florida law if you refuse a voulntary breath or blood test your license will be suspended for 6 months however if you are arrested for possible dui your license will be suspended for 6 months automatically. Over the limit or not. And this dui case is over a year old at this point. Florida courts are that slow. In his vehicle was a cup with liquid in it and a bottle of alcohol sealed until the officer opened it and poured it out she then relayed to her supervisor of the cup of liquid open and the open bottle of alcohol and she said he was speeding and no headlights she could smell the alcohol. The supervisor asked if the bottle was open and she responded yes. In deposition the officer did admit to lying on the forms and in a previous deposition. Which in florida for an officer to lie is perjury and on a felony charge of a defendant is a felony. Filing a false report is a felony. And ruins the credibility of the officers report since the empty bottle is being used as evidence of possible DUI tampering with evidence is also a felony. She stated it was policy to empty the contents there is no such policy and since it was taken into evidence against the defendant she blatantly tampered with evidence, the fact that she placed the empty bottle back in the vehicle to be collected as evidence is planting evidence which ultamately is a tampering with evidence charge and a felony. I can go further on this whole case. there are two charges in front of him driving on a suspended which is a small fine and possible up to 6 months unless habitual and DUI which is a fine, insurance issues, costs,possible intoxalock, and depending on number of convictions up to a 18 months in jail and all have court costs and fees. So as an observer with what I have seen and heard. If I was a juror beyond a reasonable doubt here’s how I would vote. driving on a suspended= guilty
DUI = not guilty and I will explain, sure he could be guilty of it however the evidence is tainted there is no breath or blood test and even though we know he had at some point been drinking we do not know if he was over the limit for sure at the time of the stop and the officer was fishing for additional charges until she found one which if not for the suspended license could be considered a pretextual stop. She could have stopped him said his license was suspended informed him his headlights were off that’s why she stopped him given tickets and made him call someone to pick him up or pick up his vehicle, that’s what is supposed to happen when you don’t have recent driving on suspended tickets. Instead she went fishing and didn’t even bother with a dui explanation until she found a sealed bottle of alcohol she poured out. So possible dui or dwi but not beyond a reasonable doubt not enough evidence. So sentencing would go this way in my opinion either pay the fine for driving on suspended and waive the court costs and fees or not guilty on all because of the officer tampering to show the court just how displeased I am with how this was handled, or guilty on suspended time served no additional costs fair to all parties
Are they training the officers on the use of the camera for use as evidence? It seems if they want to support the case for an open container(and not planted evidence), they should be carefully showing the evidence and explaining the evidence as they are doing their job. Also did TPD let her off because he was not charged for an open container – making it irrelevant as to whether it was planted or not?
Funny how “patriot” immediately jumps to whine about “liberals”. Lmao
(Rural redneck too).
Here’s some things to think about:
A) he is innocent until proven guilty
B) they didn’t find weed
C) body cams turned off lol. “wHaT ArE yOu hIdInG?!?!?”
D) weed is legal in many states now and society hasn’t gone “downhill” because of it. Don’t know what you think weed does but it definitely isn’t a collapse of society lmaooooo
D) blaming “liberals” for leaking the body cam is hilarious. So it was just generic “liberals” who had access to secure police footage? The same footage that only the cops have up until it’s released?
E) “bubba”? Really? ? I’d bet money that you whine about woke mobs too, while wearing your hateful bigotry on the sleeve of your bleached robe. Being openly proud of bigotry isnt the look you think it is, but I’d be willing to bet you falsely call yourself a Christian too.
F) since Patriot and redneck need to lick boots, it’s always interesting the way “conservitards” claim to need all their precious guns to defend against government tyranny. And yet when faced with police misconduct, even when proven, even when it’s against a Republican, even when it’s been proven and they admit it, the police are worshipped. When cops commit crimes to falsely imprison or harm someone and they end up protected, that’s tyranny. And if you’re a patriot, you should want the law enforcers to uphold the oath they took and to not misuse their power and weapons. If you look at those Mississippi goon squad dirty terrorist cops and you defend them, you exemplify “common sense isn’t common anymore”. When the cops refuse to release footage or even turn the cams off, why do you never ask them what they’re editing/hiding? It works both ways, champ. You want to “stand” with the cop like a good lapdog, then you should want them to be law abiding.
G) it’s weird how the two most boot-licking comments seem to act like they were there for the arrest, but their comments don’t ever question why a bottle was opened on cam, breaking the tamper seal before being thrown back, didn’t tell partner you did it, and then turned off your cams. If I had nothing to hide, I’d probably not mind keeping them on.
Ps: did you “stand” with capitol police on J6? Or were ALL of those cops “liberals” and tyrants for stopping you from overturning an election via violence? ???
I don’t trust Herrle, the Police, Steve, y’all, and ESPECIALLY not Yeary and her clown show. Our court system is broken – but not as broke as a comment section. It’s the best we got and Yeary and Herrle now working together to rely on the internet circus for justice? Sounds like she’s given up. Someone here brought up all those other times people had one story then after court the full video comes out and everyone gets quiet. Let the bon temps roullet
The video and the deposition are clear. The cop, Kiersten Oliver, planted evidence, lied, and needs to be fired and criminally charged. Being a good cop is a hard job, being a bad cop is easy where it’s tolerated. The actions and statements of police chief Revell, and the union, and the prosecutors demonstrate that Tallahassee police culture is rotten and tolerant of bad cops. Citizens beware!
She unsealed the bottle and threw it back in the car. It’s clear on the video, full video or not. She told the other officer she couldn’t smell anything, that’s on the video. She tried lying in her deposition until she was confronted with her body cam video. Her deposition is also online. She set this man up. No ifs, ands, or buts. She needs to be prosecuted and he needs to files a civil suit. Had the prosecutor done her job in an unbiased manner this would have been buried quietly. By insisting on prosecuting a bogus charge this has now become international news. Yes, his license was suspended. They should have quietly ticketed him for that after realizing the officer’s behavior was 10 times more egregious than the defendant’s.
Odd reporting here. I’m watching the officer’s deposition now and she admits to opening the bottle and dumping it out. The bottle was his, but had never been opened. You can clearly hear her cracking the seal on her bodycam. She also admits to lying elsewhere in her report. Also super sus that while they’re about to discuss the arrest all officers turn off their body worn cameras.
That said, dude was definitely driving suspended and should have been arrested for that. It’s too bad these cops damaged their own credibility and that of their department. Maybe this was just a mistake, because she just dumped the bottle…but then they doubled down and lied. Why should a jury trust them?
Tou can hear the seal being broken. They first said they smelled marijuana but didn’t find any. Then she found the unopened bottle, dumped it out according to a “mystery” policy. Then threw it back on the passenger seat. Planting evidence. Cameras do NOT lie.
It will be interesting to see wha the actual the truth is. We have already had several attempts to frame situations in Tallahassee in the last years which turn out different after full context. The Trans guy who murdered someone. The armed guy downtown who was attacked by protesters. The war criminal “advising” the police.the nude statue…etc
I’ll wait before I assume I know.
IF IT COMES OUT THAT THE OFFICER DID “PLANT EVIDENCE”, WHAT WILL YOU BOOTLICKERS HAVE TO SAY THEN? IF YOU SIDE WITH THE COP AFTER THAT, THEN YOU ALL ARE THEVPROBLEM WITH THIS COUNTRY!
The man was driving fast, without headlights on and they had probable cause to arrest him for DUI.
It appears the officer opened a sealed alcohol container and put the empty bottle in the vehicle, which could be used as “evidence” against his DUI charge.
It appears the officer planted evidence that would help convict the suspect. If true, that’s criminal behavior by the law enforcement officer.
It’s clear from two different body-cams that the officer opened a sealed bottle, emptied it, and then put the empty bottle back in the car. When her Segerat showed up, she told him there was an open bottle. The officer has also changed her story. She first denied opening the bottle, then the video came out, and then she remembered she did open it. After the arrest, there should have been a blood draw, and that should have provided evidence of DUI. This is not the first case in FL of cops planting evidence.
For those saying that he refused the sobriety, thats a right. They could have got a warrant to do a blood draw on him and found out if he was actually drunk. Despite your efforts to say the cop was justified why couldn’t they have just gone by the book. She even claimed she didn’t smell alcohol or anything but then does. which is it? Slap him with his suspended license charges but you cant just make someone guilty because you think.
It’s possible, perhaps even likely, that both Riley and the officer(s) are wrong.
It sounds like the traffic stop was justified and that Riley should have been ticketed and/or arrested.
If the officer really did break the seal on that bottle of Cognac and dump the contents she needs to be fired. Criminal charges are possible.
I know the leftists love to make the cops look bad, but that video is clear as day. I’m not saying he’s innocent, but if this wasn’t evidence planting, what was it?
Anyone know if the full police report is available? I’m also eager to see the full video they’re talking about releasing.
If Mr. Riley was white, I doubt our local activist lawyer would be on T.V. pushing this conspiracy theory.
You cannot drink and drive anymore. The days of being let off with a verbal warning and a promise to go straight home are gone with the wind. I’m surprised Bubba Crump hasn’t chimed in. Wait until weed is legal. Then you will see society go downhill even faster.
I stand with the cop.
Funny how liberals always seem to leak Edited Clips from a video. If you are going to do something as Outrageous as leaking police body cam footage, why not show the Entire video? What are you editing/hiding?? Whoever leaked the video needs to be fired. If Mr. Riley was driving at a high rate of speed at night with no lights on, smelled like alcohol and weed, and refused a field sobriety test. It seems like a DUI to me. Common sense isn’t common anymore.
So did she crack the seal of the bottle or not? That would be inappropriate behavior at a stop