he walked on the side of my counter and started saying
you gonna make me hurt you
you gonna make me hurt you
okay I was gonna leave you here
initially I was gonna leave you here
you cursed at me I didn't like that
so I said OK
I'm not gonna leave you here
if you're cursing at me you can curse 
at anybody else in here
I'm gonna take you someplace else off site
on March 1st, 2024 airport officers in Austin
Texas
responded to a disturbance at a commercial airline ticket counter
the passenger had arrived two days after his reservation expired
made verbal threats toward airline staff
and was visibly intoxicated
I'm gonna take it back
everybody
no I need
I need to get home
I need to go back to New England and live where I live alright
can I talk to this guy real quick
what's your name man
I haven't done nothing to you
I haven't done nothing to you
I'm literally just trying to pour my flame and go to sleep
because I'm about to fly almost 2,000
I don't give a I don't give a damn about her
I don't I don't
come over here come over here and talk to
talk to my partner I don't even know her alright
what what's your name man
no stop what's your name
she she's not gonna want to talk to you man OK
that's why we got called out OK
yes sir
take a step back take a step back
take a step back from me and what's your name sir
I'm I'm Bryce Smith
if I was gonna what her up Bryce
I don't give a damn about her OK
I really don't OK
so I just wanna get I don't even know who her name from
Sam and Sam
I don't care you don't have any weapons or anything like that on you
do you no
I don't go and turn around
let me frisk you real quick
make sure you don't have any weapons
no let me just check make sure you have weapons
I don't have anything
how are you going
I'm sorry where are you flying to to Maine
where right here
right here
where did I put my bag well
move your bag over here
let's talk over here here's the deal
what what's your name
I don't know what to call you
what's your name
my name is Bryce but I go by I
I go by Brooks Brooks
OK so Brooks
here's the deal United
well we'll shake hands when everything settle down
no I didn't know if you were trying to
no no no
so United has denied your flight today
yeah I didn't
OK I don't care
well here's the deal
um
you said you're flying to Maine
what what part of Maine are you flying to
I live I live in Old Town
I live in northern Maine
are y'all are y'all refunding this ticket you never paid for
you never paid for it oh
you never paid you never had a ticket on him
he was getting ready um
he start he started off with this young lady back here
um he was upset with her
because she kept telling him that he had to fly for today
so he gives her her phone
his phone she pulls up the reservation
reservation is for the 28th
so as she's telling him that
he's like no
you're gonna put me on plane today
so she calls me to say I think I got a red light
so she comes over and then when I walk over there
then he goes I'm not a red light
I'm not intoxicated why would you say oh
you know what that was I'm like yeah
I'm like how you know
I'm like how do you know what a red light is
damn we didn't even know what a red light was
we're like what is what
a red light so that's what kind of like OK
so yeah
so you know what you are then right
that's what I thought to myself
so then I say well
you know what the red light is
and he's like I don't talk to her
so she just needs to go away
I said no problem
go ahead over there right
I got it so I started talking to him
and then I asked him for the
she asked was asking for the reservation
and he kept saying I don't have it
I'm like so you just showed her something on your phone
that's how she knows what day
so he gives me the phone and then I pull up the reservation
so I explain to him like
your flight was two days ago
and he was like do you know
he showed up to that flight and got denial
it says no value so that means he didn't show up
when we Mark it no value that means he didn't show up
okay so when I said to him well
you know now you gonna have to buy a whole new ticket
cause you're two days late
it's not a flat tire rule anymore
and so then he was like well
my company will have to pay for it
how much is it and I said
I don't know so I went online to pull it up
and then he started going at her again
she's such da da da da da
okay at this point
you disrespecting my employees
you can take your phone and you can buy it online
have a great day
he walked on the side of my counter and started saying
you gonna make me hurt you
you gonna make me hurt you
so I'm like oh
hell no I ain't dealing with this crap
so I said sir
I'm gonna call the police
I'm asking you to please walk away from my counter at this time
I'm refusing service to you
please walk away gotcha
he continued to keep going
so I picked up the phone and I called
and then he continued with his little rant gotcha
and then he started coming around the counter again
and I said sir
I've asked you three times to stay on that side
I want you to know that I'm not scared
but I need you to stay on that side
and then he was looking in the
the guy that was standing next to him was like
what is going on like
what's happening and then you guys showed up
after he showed up he was kind of in his face a little bit too
so yeah
we saw that I just want to get out of here
and we're fine we'll deal with it
this is trash bags
you know making threats
physical violence towards other people is a crime
right and you can go to jail for that
I understand they're not wanting to press charges right now
but you've actually committed a crime that you could go to jail for
FIRST THE PAT DOWN
UNDER TERRY VERSUS OHIO 3 92 US 1
A FRISK FOR WEAPONS REQUIRES REASONABLE
ARTICULABLE SUSPICION
SPECIFIC
OBJECTIVE FACTS SUPPORTING THE BELIEF THAT THE SUBJECT IS ARMED
THE OFFICER STATED ONLY MAKE SURE YOU DON'T HAVE ANY WEAPONS
NO SUSPICION WAS ARTICULATED ON CAMERA HOWEVER
COURTS APPLY AN OBJECTIVE STANDARD
THE TOTALITY OF CIRCUMSTANCES CONTROLS
NOT THE OFFICER'S VERBAL FRAMING
REPORTED THREATENING BEHAVIOR
AN AGITATED SUBJECT IN A CROWDED PUBLIC SPACE
AND AN UNKNOWN INDIVIDUAL MEETING OFFICERS FOR THE FIRST TIME
THESE FACTS WOULD LIKELY SURVIVE A SUPPRESSION CHALLENGE
THE FRISK WAS LEGALLY DEFENSIBLE
EVEN IF PROCEDURALLY THIN ON CAMERA
SECOND THE ASSAULT BY THREAT AT THE AIRLINE COUNTER
THE SUBJECT WALKED AROUND THE EMPLOYEE SIDE AND STATED QUOTE
YOU GONNA MAKE ME HURT YOU
UNDER TEXAS PENAL CODE SECTION 22.01
SUBSECTION A PARAGRAPH 2
THREATENING ANOTHER WITH IMMINENT BODILY INJURY IS CRIMINAL ASSAULT
THE COMPLAINANT'S DECISION NOT TO PRESS CHARGES
DOES NOT ELIMINATE THE OFFENCE
THE CRIME WAS COMPLETE THE MOMENT THE THREAT WAS COMMUNICATED
OFFICERS RETAINED INDEPENDENT AUTHORITY TO TAKE ACTION ON THAT CONDUCT
SEPARATE FROM THE SUBSEQUENT PUBLIC INTOXICATION ANALYSIS
no no
what I'm saying is you know yes
you need to listen no
no no
like I understand
I'm listening to what you're saying
but the the fact that
I mean
I left everybody alone you you yeah
I don't know their names
but they accept it's not bothering anybody I don't bother anybody
all I can tell you is what they told me
and I have multiple people telling me the same thing
so right now we're trying to figure things out for you
but at this point with you being in talk listen
I'm listening just listen
you're not gonna fly with any airline today the way you are right now
I guarantee you that that's based on my experience
you've threatened people and you've had too much to drink
my recommendation truly
is to try to catch a flight tomorrow
have no drinks come back sober tomorrow and try it all again
and then you're gonna get home
but I guarantee you the way you've acted today
no airlines gonna let you fly
that's just the reality what's your name
Pat Nelson right here
so I can address your problem
okay I appreciate that
your your
your mom is coming to get you
perfect that's a good solution
your mom is coming to get you
she's on her way
so what we're gonna do is we're gonna take you downstairs
let's sit in the chair she's gonna
when she picks you up
she's gonna find other flights and have you fly out
she told me about the tragedy
about losing your dog you guys are both
but the the important thing right now is just to get you
when you're not stumbling around or
you know
to get you where you can pass the TSA check
because they're more stringent on checking people
than the ticket counters here
OK so your mom agreed that's the best decision to make
okay what did y'all talk about
just talked about solutions for you
and the solution we came up with
is her coming from Round Rock to come pick you up right now
and that's what she's gonna do
okay so let's go downstairs and bring your stuff downstairs
I'll grab it back if you want
and once she picks you up
you guys go back to her house
and you listen
listen listen
I'm over here once she picks you up
once she picks you up you guys are gonna find other flights OK
and we'll get you she'll get you booked on another flight over there
I thought it was
I ate all of you you hate all of us
no I mean
I love all of you but I hate all of you
well sorry
sorry you feel that way but we're just trying to help you out man
that's it for you alright
well I appreciate it
let's make our way downstairs
and I'll grab your bag for you
and we'll get you to take care of your mom here
all that good stuff and you get on a flight a different day
just not today and that might be for the best
it sounds like you've gone through a lot right
this is his those are the unattended bags
so if you want to follow Officer Kid
we'll head downstairs I'll grab your bag for you okay
Officer Kid right there
just follow him I'll show you the way
you ruined my life what caused this
I'm sorry what caused this
well if you want to be completely honest
what caused this is you drinking
who who
who said I was drinking
no one had to tell us you were drinking
I could tell you were drinking
suppose what what do
what do you mean by that
I'm I'm not gonna debate your level of intoxication
if you want me to debate it with you
to debate it in the back of my police car
for now I'm cutting you a break
no I just
I just want to talk I'm not gonna
you know that you're drunk
I don't have to explain to you
I'm sure they have you're stumbling around your words are slurred
can't see that's not what I'm asking
I'm not trying to talk down to you
I'm trying to help you actually grab onto the railing
so you don't fall and lose your balance
what I'm asking is what what LED you to think
what LED me to
hey here are your choices
here are your choices hear me out
do you wanna sit in the chair over here
or do you wanna sit outside
choices are yours stop treating me like I'm a
if you talk to me like that again you
I will take your ass to jail
listen to what I'm telling you
take me to jail I don't okay
I don't care either
put your hands out your pocket
put your hands out your pocket
we gave you plenty of chances dude
I literally just waiting for my wallet
okay good good
we were asking you to listen
okay now no no
no no
no no
now you're going to jail hey
you're making me upset take a deep breath
take a deep breath
I don't know what's going on
it's really making me upset
all I wanted to do was just stand here
listen to me listen to me
I didn't use foul language
to you at all did I
no I spoke to your mother
I found a way for you to go home safe
I understand that you lost your dog OK
I sympathize with you on that
we're trying to cut you a break
the last thing I need from you is to use foul language towards me
when I'm trying to help you out
you understand listen
look at me look at me
do you understand what I'm telling you right now
yes sir
then why would you do that to me
that's not personal at all
I don't care if it's personal or not I just
you're responsible for everything you say and do
yes yes sir
and I understand I'm
I'm just you're taking some consequences for
I just I don't know how to feel
I was supposed to fly out to my house
you're taking it out on everyone
including the people at the ticket counter
like I said
you could have gone to jail for just what you said up there
I understand yes sir
you have an ID on you what's your ID
I don't know OK
if you put me in the job I'm gonna be pretty mad
think I care about how mad you're gonna get
been in this job 21 years
made a lot of people mad
listen here's what I'm gonna do with you
I'm gonna take you to a sobering center
it's not jail you'll go to the sobering center
your mom can pick you up from the sobering center okay
don't do that to my mom please okay
I can take you to jail she can pick you up from jail
which one do you want
you're not staying here anymore
I don't need to stay here OK
would you ever see an ID with this
no he gave me a name
he told me a Bryce Smith
yes sir
yeah no
no you're not yeah
don't take this anymore you're coming with us
listen listen
let me explain let me explain
you're ruining my life let me explain to you where
where I'm taking you you're ruining my life
let me explain to you what I'm take
where I'm taking you okay
I'm taking you to what's called a sobering center
not jail I don't need that
I don't need that you don't get choices
I don't give you choices I'm telling you what I'm gonna do for you
I gave you a choice I gave you a choice to pick my life
OK jail we go
it's gonna be jail if you don't get to pick my life
I'm the only one who pays my bills
good you can pay your bills when you get out of jail
no no stop
don't don't
don't add a resistant charge
don't add a resistant charge
please don't what
what does he say just walk to the front of the car
walk walk to the front of the police car that's it
no I'm trying to be nothing but nice to you
what exactly are you saying
I was gonna call your mother at the sobering center
give her the address and have her pick you up from there
that's what I was gonna do for you
okay can you just calm down okay
that's why I want you to do
is that jail
your mom's gonna pick you up at a different location
she's gonna drive you to her house
they're gonna she's gonna schedule you another flight
you come back you fly out
no criminal charges no criminal charges
that's what I'm doing for you right now
OK just
just relax yeah relax
I gotta take stuff out of your pockets
because when I put people in the back of my car
I gotta make sure they don't have any weapons on where
where where am I in
I'm taking you to the sobering center
it's not jail the what
the sobering center OK OK
that's it when we get there
I'll call your mom tell her the address
she'll pick you up from there
is that okay
but you have to cooperate with them
if you act the way that you're acting with us
they will not take you there
yeah you gotta just
I'm just confused because
because you I
I've been drinking man
no it's not that I've been drinking
it's just I I'm confused of where
where where am I going
okay I was gonna leave you here
initially I was gonna leave you here
you cursed at me I didn't like that
so I said OK
I'm not gonna leave you here
if you're cursing at me you can curse at anybody else in here
I'm gonna take you someplace else off site
now depending on how you act when I'm transporting you to that place
if you start cursing at me again
or acting bizarre in the back seat of my car
I'm gonna take you to jail
and there
they're gonna keep you for anywhere between eight to 12 hours
sobering center they'll keep you until your mom comes to pick you up
that's it
all right
we're just gonna make sure that
we're checking the handcuffs right now
to make sure that they're fitted properly okay
thank you DOC
they're locked they're not gonna get any tighter on you okay
wait what do you think I'm a fucking criminal
like an animal no
that is what we do with everybody man
so that's it's okay
I'm not yeah
I'll come let's go
let's go to the challenge
best way is to kind of face us and sit down
that's the easiest way OK
just face me kind of turn towards me this way
the other way this way
and then kind of just sit down
and we'll make sure you don't fall or anything OK
take these handcuffs off of me
we can't swing your feet man
swing your feet man
you'll get them off when you get to the sobering center
is that his shake I'm not a criminal
that's why we want to take you to the sobering center
with medical professionals taking care of you
that's it it's not you
okay then why do I need to be like this
is everybody goes in the back seat of a patrol car like that okay
that's our policy we have to do I'll go ahead and
why are you doing this to me why
watch your back no
please loosen this no
they get loose on this side
they're cutting into my wrist
they're not cutting into your wrist
yes the
I'm not I'm not check
I'm not take I'm not losing them
let's go what
stop at my let's go
you're gonna have shit my
give me my backpack no
you don't get your backpack
it gets turned in as property
property that's property
no it's not
you're used to making demands
you can't make demands anymore
you're not in charge no
you're not
why why why
why am I being so treated like shit
treat it like property this is your property
it gets turned in no
it doesn't okay
I promise you it doesn't
4 82 U S 4:51
UNDER TEXAS PENAL CODE SECTION 49.02
THIS WASN'T IMPROVISED
LET'S EXAMINE WHAT THE LAW AUTHORIZES AND WHAT IT DOESN'T
THIRD AND MOST LEGALLY SIGNIFICANT
THE FIRST AMENDMENT PROBLEM
THE OFFICER STATED ON CAMERA
THAT HE CHANGED HIS PLAN FROM RELEASING THE SUBJECT
TRANSPORTING HIM OFF SITE BECAUSE
IN HIS OWN WORDS YOU CURSED AT ME
I DIDN'T LIKE THAT
IN CITY OF HOUSTON VERSUS HILL
THE SUPREME COURT HELD THAT PROFANITY DIRECTED AT LAW ENFORCEMENT
IS CONSTITUTIONALLY PROTECTED SPEECH UNDER THE FIRST AMENDMENT
A DETENTION DECISION PROXIMATELY CAUSED BY PROTECTED SPEECH
IS UNCONSTITUTIONAL
THIS DOES NOT AUTOMATICALLY RENDER THE FINAL ARREST UNLAWFUL
INDEPENDENT GROUNDS FOR PUBLIC INTOXICATION EXISTED
BUT THE OFFICER'S OWN STATEMENT CREATES A DIRECT
EVIDENTIARY LINK
BETWEEN THE PROTECTED SPEECH AND THE ESCALATION DECISION
PRECISELY THE KIND OF RECORD THAT SURVIVES A MOTION TO DISMISS
IN A SECTION 1983 CIVIL RIGHTS CLAIM
ON THE PUBLIC INTOXICATION CHARGE ITSELF
TEXAS PENAL CODE SECTION 49.02 REQUIRES TWO ELEMENTS
APPEARANCE IN A PUBLIC PLACE WHILE INTOXICATED
TO A DEGREE THAT THE PERSON MAY ENDANGER THEMSELVES OR ANOTHER
AN AIRPORT TERMINAL IS A PUBLIC PLACE
THE SUBJECT HIMSELF ADMITTED HE HAD BEEN DRINKING
OFFICERS DOCUMENTED SLURRED SPEECH
PHYSICAL INSTABILITY AND AN INABILITY TO RECALL BASIC INFORMATION
THE ENDANGERMENT ELEMENT IS SUPPORTED BY THE PRIOR
THREATENING CONDUCT AT THE COUNTER
AND THE SUBJECT'S ERRATIC BEHAVIOR IN A HIGH TRAFFIC PUBLIC SPACE
BOTH ELEMENTS ARE MET
REGARDING MIRANDA NO ADVISEMENTS WERE DELIVERED ON CAMERA
MIRANDA VERSUS ARIZONA APPLIES TO CUSTODIAL INTERROGATION
NOT MERE INVESTIGATIVE DETENTION HOWEVER
ONCE THE SUBJECT WAS PLACED IN HANDCUFFS AND SUBJECTED TO CONTINUED
SUBSTANTIVE QUESTIONING
THE ENCOUNTER CROSSED INTO CUSTODIAL TERRITORY
STATEMENTS MADE DURING THAT PHASE CARRY ADMISSIBILITY RISK
LEAD OFFICER RECEIVES A B+
HIS 13 MINUTE DE ESCALATION EFFORT
INCLUDING CONTACTING THE SUBJECT'S MOTHER
AND ARRANGING AN OFF SITE RESOLUTION
REFLECTS A LEVEL OF PROFESSIONAL INITIATIVE
THAT EXCEEDS MINIMUM STANDARDS
USE OF FORCE WAS PROPORTIONAL THROUGHOUT
NO PHYSICAL AGGRESSION
HOWEVER THE ON CAMERA STATEMENT
ATTRIBUTING ESCALATION TO THE SUBJECT'S PROTECTED SPEECH
INTRODUCES A CONSTITUTIONAL VULNERABILITY THAT CANNOT BE OVERLOOKED
THE SUBJECT RECEIVES A C PLUS
THE ASSAULT BY THREAT AT THE AIRLINE COUNTER
WAS THE DEFINING ACT OF THIS ENCOUNTER
A COMPLETED CRIMINAL OFFENSE
REGARDLESS OF WHETHER CHARGES WERE PRESSED
OFFICERS THEN OFFERED A GENUINE
GENEROUS PATH OUT THE SUBJECT REJECTED IT
HIS SELF AWARENESS ABOUT THE LEGAL CONSEQUENCES OF PHYSICAL RESISTANCE
DON'T ADD A RESISTANT CHARGE
MAKES THE FINAL VERBAL ESCALATION A KNOWING CHOICE
THREE LESSONS FROM THIS ENCOUNTER 1
ARTICULATE THE BASIS FOR A TERRY FRISK ON CAMERA
EVERY TIME
SILENCE ON THAT RECORD CREATES SUPPRESSION RISK
EVEN WHEN THE UNDERLYING FACTS WOULD SUPPORT THE FRISK
TWO NEVER CITE PROTECTED SPEECH AS A REASON FOR ESCALATION
ON CAMERA OR OFF
THE FIRST AMENDMENT DOES NOT PAUSE BECAUSE THE WORDS ARE OFFENSIVE
3 MIRANDA
ADVISEMENTS DURING EXTENDED CUSTODIAL QUESTIONING ARE NOT OPTIONAL
DELIVER THEM EARLY PROTECT THE CASE
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