I already bought the motherf*ckers one time you put it on the shelf grab the new one and return it that's fraud return man you're a black brother you can't help me out and tell them that I didn't resist August 28th 2,025 at a Walmart store in Florida a single misdemeanor arrest that raises real constitutional questions forty nine dollars and ninety six cents that exact number determined every charge that followed under Florida law that dollar amount decides whether an alleged theft is a misdemeanor or a felony so I'm the uh receipt don't need to sit we already got it we already got it don't need to sit man go to the we already got it go ahead put your hands behind your back hey we got a receipt though alright back hey stop 0:35 100 hey put your hands by your back now we bought that put your f*cking hands by your back we bought it I promise we bought it I bought it look at the receipt how if I bought it I don't need to see the receipt yeah we're good thank you for what do we take the phones out or something yeah hey so y'all not gonna run the receipt back huh it's over there y'all not gonna run the receipt back chill dude we watching you on camera the whole time so stop okay we're doing what though stop can you get me up bro we good no no no no we gonna wait busting my lip and all you'll be alright bro I'm trying to stand please stand me up don't take the thing from home town take him to the car yeah sure hey y'all f*ck me up hey can you tell we bought it look at the receipt bro just look at the receipt no babe look at the receipt I'm telling him I listen yeah OK so have y'all not seen me buy it though we saw you take one off the shelf and put it in the bag all these are my flip flops I already bought them it's on the receipt oh the one you returned yeah so we uh just stop yeah yeah we'll do it in there we'll unhook him in there we'll unhook him when we get inside man I ain't scared bro like y'all gonna talk to me about this sh*t y'all trying to arrest me for what y'all trying to arrest me y'all ain't even give me a chance to say something on my keep your hands behind your back I think we just fought with you now I was not listening my thing about it I'm trying to explain to y'all y'all not trying to talk though let it go let it go literally let it go it's not everything you don't listen you want to take these out oh yeah yeah 1/2 of 46 10 13 I thought it was petty though I thought we could just bought this sh*t though we could just pay for this sh*t I already bought the motherf*ckers one time alright so the reason why I obviously want to make contact with you talk to me is because you literally switched it you put the the one that you purchased or whatever item that you had you put it on the shelf grab the new one and return it that's fraud return oh no no no I was gonna turn I didn't I didn't want them declining me because of the fact that I already opened but that's not how it works cause I'm using a new item to return it how to go back into our inventory and we can have that discussion no we'll see can y'all can y'all loosen this this left one up I can't feel my circulation have you all read him yet no the book where's that book at I get it's paper okay well yeah technically not because she's a with the return oh right you bought it with the return with the return money yeah OK what I'm gonna do is I'm gonna return that book for you give me that money alright wait she got some money back in I got right here it's inside I don't have a receipt on the phone no no you good you just don't lean back because of it's the prawns is in your back it's on my phone yeah oh we're not running for now I'm just trying to talk to them ask them why are they trying to put me in handcuffs what I'm gonna do is I'm gonna do this for you and give you this money OK that's the only question I got so the reason the reason like no I'm not mad at you I'm mad I'm trying to talk to them no I'm trying to explain to them though I'm not mad I'm not mad at you I'm just saying that I was trying to ask a question and they trying to arrest me no they're trying to take me that's the difference hey I saw you you still try to walk out with after you made a return so that's the reason why we're making contact with you OK and they're making contact so it's still that so take it down so what I'm trying to know Mr Bowers what I'm trying to explain to you I heard you under arrest and I'm trying to explain to y'all the situation put your hands on your back yeah and I'm thinking that's under arrest though but I'm trying to explain to you but I'm trying to wait you're still over I didn't know you didn't even give them a chance to listen and I understand that I'm trying to I'm trying to and I'm trying to say and I'm trying to explain and I'm trying to explain to them though that's what I'm trying to explain in my mind where my head was at I'm trying to explain to y'all where my head at though I didn't know that I'm taking under arrest for what my question is for what can I explain myself we gonna talk as soon as I try to explain myself y'all talking about y'all tackling me I'm trying I was trying to but I'm getting taco what the f*ck am I getting taco for they're not even telling me what's going on no you grab when you grab me after you grab me I said what the f*ck what am I getting detained for what am I getting arrested for well you didn't that's telling me that you didn't want to talk to begin with how am I if I'm asking questions and in the process of moving away and I'm asking questions y'all supposed to talk if y'all say hey we need to bring you up here to talk I was already walking that way they said hey they literally grabbed you and I and I was moving with them but we try to put me on handcuffs for what so we're talking but we're gonna talk where am I going to handcuffs for you get why my mind said it and we finna talk no ask him Mr Barrows when you first walked up to me was I loud was that rowdy no but what you did was still wrong no I'm not I'm not defending that though yeah I'm just saying what you did is still wrong yeah I'm not defending that at all though but I'm talking about the the part after that though can you can you listen to this couple for me please you gonna have any more issues just the right one no of course not no no I told you I'll explain to y'all why I explain I already explained to y'all you know what I'm saying I'll explain to you I'll explain to you I was not trying to resist it I was just waiting for the police officer to bring you Miranda and then if you want to provide us with the statement you can OK what are you on probation for huh what are you on probation for I was just driving just driving yes sir driver's license suspended no isn't it like you know loosen this this right one up a little bit I'll just put the thing down you alright try to put the thing on the side the right side I don't need to see two fingers though I thought it was two fingers one it's not it's up here that's what we're doing so I'm asking your question so it's it's up to Walmart to file a charge yes am I getting file charges on is there any way I'm saying since they already paid for it that we already got the receipt paid for them and nothing was taken out of here without money being spent so if I'm talking to you though anyway and you saying there's no way around man man you got a medical I'm just gonna grab I'm moving your hair real quick okay I gotta follow policies you know just as much as everybody else I'm not I'm not no I'm not saying that though I'm saying the policies state that you automatically have to trust you have to cause cause it's over dollar amount for me so a dollar no it's over dollar amount so I have a certain dollar amount that I could be rich I can't tell you $40 $49 so it's still it's still my my barrier that I can now if you're under it what's what's under it I can't $30 no it's less than that $20 the round I'm sorry I don't mean to sound unprofessional I went listen to my thing is I already paid for right yes so let's go let's go based off that you paid for him right you put your old clippers yes yeah no wait listen so you put your old one on the shelf right you grab the new one took it to the service that did return with the new one right that's altering our inventory basically in the store it's basically saying that we have it in store now we don't because it's a service that's returned you grab your old ones and try to walk out with them so we still we're we're losing money at the end of the day yeah it's shrink that's what it's called but my thing is though if I were to pay for them they just recharge the card for the same don't worry you should have paid for them both step that they start off with correct yeah right so well not both I'm only gonna pay for one yeah you should have paid for the one you walked out of the door I didn't even make it out of the store yeah you did you was cleaning the parking lot y'all hit me y'all tackle me I didn't tackle you yeah they tackled me already yeah these guys try to make contact so it's based off all three of y'all he's gonna have to go to the er technically whoever's pursuing so yes the ones okay so is it it's more than one on his neck they're gonna take me up to the er get that pulled up do I get on the stretcher ride these sh*t phone oh did they hook up to one of the stretcher legs I don't think it's gonna leave here I thought they were gonna tell me to hey you gotta go back and pay sh*t I thought it was gonna be that simple sh*t alright I'll take your skin off this side alright that's that one in my head I feel something tugging in my head it's cool there's one in your neck you want me to get that one too yeah you can alright you ready yeah you got a patch you got two in your bag Florida Statute a 12.014 defines petty theft under state law the statute requires a knowing and unlawful taking with intent to deprive the owner of property property valued under $100 is classified as second degree petty theft property valued at $750 or more becomes felony grand theft instead in this case the item's value kept the charge firmly within misdemeanor territory a common misconception is that any receipt automatically defeats a theft allegation legally a receipt only proves a transaction occurred not that it matches the item in question if a receipt corresponds to a different previously returned item it carries no evidentiary weight the legal basis for the initial stop rests on Terry v. Ohio 1968 that ruling permits a brief investigative stop based on reasonable suspicion of criminal activity reasonable suspicion demands specific articulable facts not a hunch or a guess direct surveillance footage of an item switch satisfied that threshold easily that evidentiary strength shifted the encounter from a request into a lawful order once probable cause exists a lawful order to submit to detention follows under state law failure to comply with that order can independently trigger criminal liability Florida Statute 843.02 governs resisting an officer without violence the statute applies when a person obstructs or opposes a lawful order without physical force pulling an arm away or stepping back during a lawful detention can satisfy this element intent to flee is not required obstruction of the lawful process alone is sufficient this is why the resisting charge stood independently of the underlying theft allegation you got two in your bag yeah I thought you had a patch in my head you got that's right slow that's what I'm talking about right here my head I know I'm gonna get this one too yeah so hang on hang on oh my bad one more see this this was tight let me get this this cool alright you ready yeah go ahead what I'm what I'm trying to explain to y'all is that what I'm all I'm saying is that this is the determinant factor if I gotta go to jail or not so I'm just trying to figure out is alternative so like what would be if you had to come back in here to come to the office that's no no no to see Paul see that's that's the that's the miscommunication that I thought I was being under arrest for something that I didn't even talk over yet so that's the only reason why these cops got put on me though you get what I'm saying that's the only that that was the only miscommunication though cause I think I'm being under arrest without without even having a chance to explain the situation or trying to solve the problem you know what I'm saying no I didn't take no I put it away and at that point I'm just at that point though what the f*ck at this point like what the f*ck I'm still trying to ask what the f*ck am I being under arrest for talk to me like that's it I know it other other alternative route though so so what I'm hearing is basically if Mr Burns and this officer tell you that it was just a miscommunication now we can still we can figure out different route there is no miscommunication no no you you walked into the store you selected an item off the shelf and I'm not listen I'm not and I'm not hold on you selected an item off the shelf and then as you were walking out through the pharmacy to get ready to walk out the door you put that item in a bag first statement yeah yeah and then you pass the last point of sale right and that's what the camera that is step understandable okay and how so that's why I didn't see but I'm saying I see alternative I've seen alternative routes that it don't always lead to this you know what I'm saying well again when these guys yeah approached you and said hey listen we need to talk about something and from there I was calm and I was ready to I walk with y'all I get y'all the bag and I walk let's put our shoe on so Mr boy so I'm so I'm when I'm asking you guys though so even if I'm even if I'm explaining to you guys that I was not trying to run away I'm just trying to ask why am I being arrested we were detaining you OK I'm just saying I didn't know why I didn't know why though but I'm trying but when I was trying to ask you you started yanking on me tight and I'm like what the cause I'm trying to ask a question I ain't think I had to be under arrest first then ask my question that's all that's all I'm saying though that's all I'm saying though I didn't know that that's where we're at OK you're under arrest for resisting without violence and pay that OK uh you're being trespassed for here well both of you being trespassed for here two years you're not coming on property next two years or you'll be placed under arrest for trespassing warning all right that means the property all the way out to uh February 19 you go like the chili and stuff like that but you cannot hang out on the property in the parking lot I mean Miss Minelli what what you just you just starting you're the Superman so if I'm sitting here explaining to them that I only was trying to ask a question and not trying to resist and why it can't why we can't have that conversation all that conversation on the table I'm explaining to them that that was not my intention my intention you gotta understand I'm coming out of the store and I've been I've been asked to get in handcuffs but my question was why soon as I asked why he you rough he rough me up I'm not even I'm not even doing nothing I'm asking a question he said walk to the my first statement was walk here I'm on the verge of walking here he grabbed me tell about you gotta get on his two of us now on the one person getting grabbed on my being put on the and put in handcuffs well we're not gonna two people being trespassed they're saying they were that you were detained I didn't I'm saying but as soon as I asked why hear me out it was about you're saying you're detained you resisted at some point okay and we're not gonna have court in here no no of course not they're saying you resisted without violence by trying to pull away or whatever whatever occurred and they have evidence that you retail theft correct I'm not but I'm not denying what am I not not denying is anything that you're saying alright man come on come on man you're a black brother you can't help me out and tell them that I didn't resist what you resist not intentionally though not like this like I'm trying to get away that I'm trying to ask a question but you were trying to get away so I tased you I'm only trying to get out y'all tackling me that's all I'm trying to stop though stop y'all from tackling me though you weren't tackling me so you ain't right okay I'm not arguing with you though but obviously we both was there I'm saying that from my point of view and your point of view what didn't match up what matches up if he told you to put your hands behind your back you would and you did not you ain't comply at all I didn't and then I didn't try to comply with you when you first you pulled away grab me again grab my wrist when you first asked you grab my wrist and then you can't stop and then you stop and I said why I said why I'm just complying behind your back and you just kept repeating we're not gonna debate over there I'm giving you a lawful order you gotta follow it so this is where we're at like my sergeant said we don't debate this right here that is what court system for you're being charged with it you're not being convicted of it anyway no way around this come on man I'm just asking okay can I sit down and ask a question you can sit down trust me we finna be in there too I'm just you gonna talk to me bro just for a little bit no we finna be in there are y'all here for this one another misconception involves Miranda warnings often demanded in the middle of an arrest Miranda applies only to custodial interrogation not to the arrest itself the right to remain silent can be invoked at any time with no formal recitation required the use of a Taser raises a separate and more serious constitutional question excessive force claims fall under the Fourth Amendment not the underlying theft statute Graham v. Connor 1989 sets the controlling standard for reasonable force that standard weighs the severity of the crime the threat posed and any active resistance a non violent low value misdemeanor weighs heavily against a higher level of force passive noncompliance without any sign of a weapon further limits that justification this combination is exactly what exposes departments to civil liability under Section 1983 a criminal guilty plea does not automatically waive a separate civil rights claim guilt on theft and resisting charges says nothing about whether the force used was reasonable these remain two separate legal questions decided under two different legal standards grading the response officers receive a B minus for lawful cause paired with premature escalation the stop itself was legally sound but de escalation was cut short before force became necessary the suspect receives a C plus for nonviolent conduct paired with clear noncompliance refusing a lawful order even while asking questions still satisfies the resisting statute three practical lessons emerge from this case first a receipt is not a legal shield unless it matches the specific item in dispute second compliance with an order and a later legal challenge are not mutually exclusive third resisting without violence still carries real criminal exposure of its own legal disputes belong in a courtroom not in a parking lot confrontation let us know which case or legal topic you would like analyzed next in the comments below thank you for watching and subscribe for more in depth legal analysis of police encounters