you're not in guard of f*cking knowing what my name is you got no reason to know what my name is what what is your name my name is the First Amendment he literally just threw a lit cigarette in my hair okay I I did not see that I thought it was the other cigarette did you throw a cigarette in he threw a lit cigarette in my hair so court can go through so this can put my kids up for adoption that's all it is ON MARCH 24TH, 2023 A FLORIDA DEPUTY RESPONDED TO A CONVENIENCE STORE DISPUTE OVER AN UNPAID TOBACCO PURCHASE DURING THE STOP THE SUBJECT DECLARED QUOTE MY NAME IS THE FIRST AMENDMENT END QUOTE THAT STATEMENT IS LEGALLY MEANINGLESS AND UNPACKING WHY IT FAILS REVEALS SEVERAL DEEPER ISSUES IN THIS ENCOUNTER hey is Lisa here yeah OK she just called she just called yeah it's this red um Jeep friend Cherokee the passenger yeah he got a pack of Gold Rush I asked him before he even got the cigarettes if he had his ID he told me yes grab the cigarettes ring them up put them right here he snatched them threw his change down on the counter and I said I need your ID and he says I don't give a and walked out the door I said okay I'm calling the cops okay you want him trespassed or what oh absolutely okay he threw a cigarette in my face hey what's going on what you tell me I don't know well you're supposed to show IDS for cigarettes correct I don't know what you're talking about you got an ID I don't have an ID what is your name what do you mean what is my name why are you gonna need my name I'm trying to ask you who you are obviously it says Deputy Jones Deputy Jones okay so what is your name Deputy Smith no it's not alright well listen why do you need my name because in order to purchase cigarettes in the United States especially in the state of Florida need to be able to prove that you're over the age of 21 okay so we do that by a state issued ID card okay so what's the problem did you want to buy cigarettes I did buy cigarettes no you didn't yes well you took them you put through the money down correct no you have any idea on you cigarettes on the counter I took the cigarettes up and I walked out the store they ain't no different than any other day I went in there there's a lot of people I go to buy a lollipop here's the money okay thank you I've been in this store many times cigarettes cigarettes are different they're a controlled item okay but I'm I didn't I don't care myself I did not grab them myself she put them on the counter I handed her the money I walked out of the store what is your name don't worry about my name my name is my name you're not in guard of f*cking knowing what my name is you got no reason to know what my name is what what is your name my name is the First Amendment FLORIDA LAW REQUIRED THE CLERK TO VERIFY AGE BEFORE SELLING TOBACCO SINCE STATE LAW BARS SALES TO ANYONE UNDER 21 THAT REQUIREMENT GAVE THE DEPUTY AN INITIAL ARTICULABLE REASON TO ASK QUESTIONS THIS SATISFIES THE REASONABLE SUSPICION STANDARD SET BY THE SUPREME COURT IN TERRY V. OHIO 1968 REASONABLE SUSPICION PERMITS ONLY A BRIEF INVESTIGATIVE STOP NEVER A FULL ARREST ON ITS OWN THE SCOPE OF ANY QUESTIONING MUST STAY TIED TO THE ORIGINAL JUSTIFICATION FOR THE STOP ONCE LAWFULLY DETAINED AN OFFICER MAY DEMAND A PERSON'S NAME UNDER FLORIDA'S STOP AND FRISK LAW THAT LAW IS CODIFIED AT FLORIDA STATUTE SECTION 9 0 1.151 THIS DIFFERS SHARPLY FROM A FIFTH AMENDMENT ISSUE WHICH PROTECTS AGAINST SELF INCRIMINATION NOT IDENTIFICATION REFUSING TO ANSWER INCRIMINATING QUESTIONS IS PROTECTED REFUSING TO IDENTIFY ONESELF DURING A LAWFUL STOP IS NOT THE SUBJECT'S CLAIM TO BEING A QUOTE SOVEREIGN CITIZEN END QUOTE CARRIES NO LEGAL RECOGNITION WHATSOEVER EVERY AMERICAN COURT THAT HAS EVER ADDRESSED THAT ARGUMENT HAS REJECTED IT OUTRIGHT WITHOUT EXCEPTION stand off OK the First Amendment the First Amendment first you know what you know what our amendments are oh my god yes I would which one do you wanna talk about alright the first one the first one well tell me what it is and we'll talk about it I should know cause you're probably sounds like you're talking about maybe the Fourth Amendment maybe or maybe the Fifth Amendment maybe hey sir what is your name do you know this gentleman you know yes sir you know this gentleman okay you wouldn't happen to have an ID would you what's up I can't I can't hear you I do have an ID the only reason would you mind he's here is because he was kind enough to drop me back off where he picked me up at which is where he picked you up at exactly so leave him out of it because I offered to get out of this car and he said no I'm your friend I'm gonna stay here I'm gonna give you a ride because I gave you a ride up here so leave him don't go you got his tag number and that's enough okay alright you want his name do your research violate the terms and conditions of our f*cking freedom huh I can't hear you I was raised by Marines around Marines it doesn't matter were you in the service did you actually put yourself in a branch don't worry about it I shouldn't be answering any more questions what does this have to do with why you're here go talk to her go get my money off the counter and give it back to me are you Mr Stewart hey Mister Stewart you don't have any problems with him on the property is he ever ever given you an issue it's him and he just threw a cigarette in my f*cking get the h*ll out of here I didn't throw no cigarette at you you crazy lunatic this lady don't like me for some reason I don't know who she is cause she's not following the rules she ain't got no business even standing out here f*cking putting her nose in this sh*t now she i'mma throw a cigarette at her what did you just say she's f*cking crazy you're crazy lady she don't like me she knows somebody that knows me I don't know but she's f*cking making sh*t up why are you being like this man why is she being like that she's the manager of the store get the f*ck out of here go inside and mind your business she actually has nothing to do with you did you show your ID to get the cigarettes is he here to question you this is my store then go inside and work the store quit smoking cigarettes out in the parking lot like you're a f*cking customer she called us you're the one smoking you're the one that threw a cigarette in my face whatever I threw a cigarette in your face the cops standing right here the whole time I'm talking about when I came check that camera and then check that camera all right I ain't throw nothing at you you did when you when I came out here and asked you about the cigarettes and you threw one at me and I threw it on the ground right there whatever oh so I just threw a cigarette butt at her now I threw a cigarette at her I didn't throw I threw a f*cking unlit cigarette on the ground when she came out of the hand I said what you want a cigarette I want to go f*cking I went like that whatever so you so you now our story's changing so you admitted littering now our story's changing I don't have some answer no cause I picked it back up I thought you wanted it she wanted it so I picked it back up I didn't litter it wasn't trash it was a f*cking fully unlit cigarette I f*cking dropped it on the ground when I thought she was going so now I was a f*cking littering you f*cking quit making something out of nothing cause you ain't f*cking your wife here dog quit foreplaying this sh*t thank you trying to manipulate me into f*cking I'm not even gonna violate my rights and incriminate myself you mind taking him out of here and not bringing him back we can leave we tried to do that we tried to do that hey I don't know who you are Mister uh Mister Fucking Citizen okay okay Mister Sovereign Citizen only a little bit of f*cking freedom I got okay well maybe you shouldn't break the laws well maybe you shouldn't f*cking sir sir you're not allowed back on the property again otherwise you would have arrested me you're not allowed back on the property have a good day he won't tell me who he is I have no legal authority to detain him or to trespass him so he's gone why because it's a trespasses it falls under the civil thing and um I can't do that now THE DEPUTY CORRECTLY STATED HE LACKED AUTHORITY TO TRESPASS THE SUBJECT WITHOUT A DOCUMENTED PRIOR WARNING THAT STANDARD COMES FROM FLORIDA STATUTE SECTION 8 10.09 THE TRESPASS AFTER WARNING LAW THAT STATEMENT REFLECTS ACCURATE REAL TIME LEGAL KNOWLEDGE SINCE A RETURN VISIT ALONE IS NOT AUTOMATICALLY CRIMINAL if he comes back here and we figure out who he is when you figure out who he is let me know he literally just threw a lit cigarette in my hair okay I I did not see that I thought it was the other cigarette did you throw a cigarette in he threw a lit cigarette in my hair that's what I just started yelling okay I did not realize that yeah and the first time he threw a unlit he flicked an unlit cigarette in my face and threw his garbage on the ground okay I apologize I did not see that if I can take him to jail that would be great I know right yeah stop stop stop hands behind your back hands behind your back hands behind your back please explain it to me alright hey stop stop relax you what did I do there stop stop stop don't move don't move on the cigarette on the cigarette are you serious on the cigarette stop fighting stop fighting dude I didn't bother nobody throw the cigarette on her no I did not dude stop fighting really I didn't do it are you gonna really book me on a charge that I didn't do what what do you mean um hmm turn around what do you mean um hmm no dude what the f*ck no yes now you got resistance to you stop no I'm not I'm the same I'm not the same get me out of this sh*t EVERYTHING CHANGED ONCE THE SUBJECT FLED ON FOOT FROM A LAWFUL DETENTION FLIGHT ALONE INDEPENDENTLY JUSTIFIES PHYSICAL CONTROL REGARDLESS OF HOW THE UNDERLYING DISPUTE IS EVENTUALLY RESOLVED UNDER GRAHAM V. CONNOR 1989 FORCE IS JUDGED BY WHAT A REASONABLE OFFICER KNEW IN THAT MOMENT HINDSIGHT PLAYS NO ROLE IN THAT LEGAL STANDARD ONLY THE INFORMATION AVAILABLE AT THE TIME MATTERS THE SUBJECT RUNNING FROM OFFICERS CREATES AN IMMEDIATE SAFETY AND EVIDENTIARY CONCERN FOR THE RESPONDING DEPUTIES THE CONTROLLED TAKEDOWN UNDER THOSE CIRCUMSTANCES IS A PROPORTIONATE RESPONSE UNDER THAT ESTABLISHED LEGAL STANDARD PHYSICAL RESISTANCE DURING THE TAKEDOWN SUPPORTS A CHARGE UNDER FLORIDA STATUTE SECTION 8 43.02 THAT STATUTE DEFINES RESISTING AN OFFICER WITHOUT VIOLENCE A DISTINCT AND LESSER OFFENSE THAN BATTERY ANY CONTACT CAUSING INJURY TO AN OFFICER CAN BE CHARGED SEPARATELY UNDER FLORIDA STATUTES SECTION 7 84.07 THAT STATUTE COVERS BATTERY ON A LAW ENFORCEMENT OFFICER AND REQUIRES PROOF OF ACTUAL PHYSICAL CONTACT THE RETAIL DISPUTE ITSELF FALLS UNDER FLORIDA STATUTE SECTION 8 12.014 UNDER THAT STATUTE THE DEGREE OF THEFT DEPENDS ENTIRELY ON THE VALUE OF THE ITEM TAKEN FOR A SINGLE PACK OF CIGARETTES THIS WOULD TYPICALLY QUALIFY AS A LOW LEVEL SECOND DEGREE PETTY THEFT you guys arrested me for no reason I can walk trust me motherf*cker I want to fight back I'll fight back exactly what they f*cking want us to do yeah get it shut up what what I love to get you a friend I'd mop the floor with you little punk what move it for me b*tch are you gonna face me no I'm gonna pepper spray you think that sh*t faces me punk man I didn't do this I didn't do this man you know this is bull all the way this is what the this how you handle your job I swear to god i'mma sue this f*cking county let me get some cold air stop I'll shut up I'll shut let me get some cold air there you go I shut it a little off thank you you wanna hear the sign listen over a year ago my kids were taken from me under f*cking no right just like how you guys kind of just came and took me and I've been fighting like h*ll to get my kids back man and I proved that I was within my rights so I could get my kids back retail petty theft I didn't steal I bought it she paid for it she handed it to me oh man you're crooked as not a cop great lies I'm gonna sue this county motherf*cker unlawful detainment I stood my ground you guys jump me like a bunch of you this is sh*t man I didn't f*cking do nothing I didn't commit no crime and you know it why dude why you arrest me I didn't do nothing I left there I was not trying to do nothing but leave there mother would you stop it I'm doing this so I could breathe a little easier that's it I was nothing more ever than a loving parent and all the state wants to do is shut me up for no reason man they want my kids they want my kids oh my gosh man I got nobody nothing and I'm not even gonna have my kids you guys are getting arrested on some false accusation huh look here go my hands here go my hands you boy motherf*cker you ain't coming back here and beat me up you wanna cuff me we can run it what you doing dude I ain't got nothing I really don't have nothing I had a pack of cigarettes in my pocket that's it alright can I get a can I get a f*cking cigarette while we're sitting here no sir can I get a drink while we're sitting here no sir of course not you are a f*cking coward motherf*cker you know that I guarantee you guys are probably gonna plant something on me just looking for a reason to kick my *ss that's all no sir I'm not put him back behind my back no sir you can you can sit here and wait cause another deputy be coming here shortly we're gonna take care of that you it ain't your car you buy it did you buy it exactly county car don't spit in the county car I pay for this car with my taxes I paid didn't get a chance to identify myself I'm definitely Christmas break I'm sure it's always came on division okay alright so look we're gonna pull you out look I don't need my hands on my back listen but you need water OK I got water OK get a water I've got water let me light a cigarette no we're not doing I was detained for nothing listen to me we're not gonna do this right now look we're gonna pull you out we're gonna uncuff you put your hands behind your back we're gonna conduct a proper pat down OK put you back in the car I've got a water for you OK OK if you buck up at any point decide and when we go to undo your handcuffs if you buck up try to flee fight whatever dogs coming out dogs bite you you understand you're about to fight no I'm not gonna fight I get dude trust me and I wanna fight you know and you see my f*cking I got you I got you alright we're just gonna patch him up real quick there ain't nothing on me well that's why we gotta check that's why we're checking and sir if you would not have caused any problems we wouldn't be here dude you understand that if she would have told me I couldn't buy them I would have been fine but by the time they said something they were already open and I was in the car smoking one I paid for them okay that's not right that's not f*cking a reason to detain me and then you guys snuck down there on anything got nothing else on you no I don't have anything I got my cigarettes in there that's it okay I'll grab your cigarettes out in a second in the back seat yep it's me alright he's going to undo he's gonna do the handcuffs I'm not going anywhere I'm not going anywhere but he's gonna put but you're gonna put your hands behind your back I don't understand I can't get the water how am I supposed to drink the water I ain't got my hands behind my back but I will hold the water for you till when I get to the jail no I will hold the water till you're done I didn't commit can I hold on stop stop come on dude they ain't gotta be that tight no they're not that tight Mister P they are that tight no sir they're not you wanna do that one aw motherf*cker aw loosen them that's what we're trying to do no you gotta loosen them I am no you gotta loosen them or don't touch it at all we're loosening it dude but you gotta quit moving man dude you guys are insane and listen this one a little bit man that one's way too tight let me see I'm not f*cking I'm not f*cking singer all the way through no you gotta stop it dude rather ride with your dog where's my water I promise you I'll get it for you have a seat go get it please have a seat go get it mister have a seat I kept my word go keep go keep yours go get it back have a seat I get it put your feet in the car follow in the car please follow in the car dude watch your knees watch your knees watch your knees I'll trust my father man of your word keep it yeah give me water this is crazy man tell me if that's too much of more time or tell me when to stop alright I'm saying just tell me when to stop hey I'll blow away when I want you to stop go tilt that up OK thank you SEPARATELY THE SUBJECT'S PROFANITY AND POLITICAL COMMENTARY TOWARD THE DEPUTY REMAIN PROTECTED SPEECH THAT PROTECTION COMES FROM CITY OF HOUSTON V. HILL 1987 A SUPREME COURT DECISION ON OFFENSIVE SPEECH TOWARD POLICE THE OFFENSIVE LANGUAGE DIRECTED AT AN OFFICER CANNOT BY ITSELF SUPPORT AN ARREST UNDER THAT RULING NONE OF THE CHARGES IN THIS CASE REST ON THE SUBJECT'S LANGUAGE ALONE TAKEN TOGETHER THE DEPUTY'S CONDUCT ALIGNS CLOSELY WITH ESTABLISHED FOURTH AMENDMENT AND USE OF FORCE STANDARDS ONE NOTABLE EXCEPTION STANDS OUT THOUGH AND HOW THE STOP BEGAN EARLY REPEATED DEMANDS FOR IDENTIFICATION WITHOUT A CLEARLY STATED LEGAL BASIS LIKELY FUELED UNNECESSARY ESCALATION GRADING THE DEPUTY EARNS A B MINUS OVERALL FOR THIS ENCOUNTER HE WAS LEGALLY ACCURATE ON TRESPASS AUTHORITY PROPORTIONATE IN HIS USE OF FORCE AND CAREFUL IN POST ARREST CARE POINTS WERE DEDUCTED FOR AN UNCLEAR EARLY EXPLANATION OF LEGAL AUTHORITY AND PROLONGED POST ARREST QUESTIONING GRADING THE SUBJECT EARNS AN F FOR THIS ENCOUNTER WITHOUT EXCEPTION REFUSING LAWFUL IDENTIFICATION FLEEING DETENTION AND PHYSICALLY RESISTING EACH INDEPENDENTLY CREATED SEPARATE CRIMINAL EXPOSURE NONE OF THAT EXPOSURE DEPENDED ON WHETHER THE ORIGINAL CIGARETTE DISPUTE WAS EVER ACTUALLY PROVEN TRUE THREE PRACTICAL LESSONS STAND OUT FROM THIS ENCOUNTER WORTH REMEMBERING GOING FORWARD FIRST OFFICERS SHOULD STATE THE SPECIFIC LEGAL BASIS FOR A STOP CLEARLY AND EARLY IN THE ENCOUNTER SECOND CONTESTING A FACTUAL ALLEGATION SHOULD HAPPEN THROUGH COMPLIANCE AND LATER LEGAL PROCESS NEVER THROUGH FLIGHT THIRD SOVEREIGN CITIZEN ARGUMENTS CARRY NO LEGAL WEIGHT IN ANY AMERICAN COURT AND ONLY ESCALATE ENCOUNTERS you flipped that flicked that cigarette on the manager I did not flick a cigarette on anybody you were standing right there I did not see it I had my head turned okay so you were standing right there talking to me Mr Key we're done talking about it okay that's crazy retail petty theft for taking the product that she handed me on the counter and walking out the store with something I paid for is not theft country ain't nothing but a mockery I'd rather grew up in North Korea at least they got balls and structure god d*mn I wish this was prison and you get in a room with me cause I swear to god with these handcuffs I would have beat your *ss with handcuffs behind my back I'd the floor with you I hope North Korea runs this country I hope we get nuclear bombed and they hmm you know it's bullsh*t about it what's the biggest f*cking bullsh*t part about it is I won't be able to prove it unless I can afford the privilege to speak to my lawyer just like I can't afford to prove that I was a good loving father and I wasn't on drugs and they took my kids from me for nothing because I have a little bit of an attitude because I told the lady stay out of my life and then the cops come there and tell me the same they tell me it's in my best interest to give my kids away so I surrender my kids and now everything's being out against me including little like this man that's why I say to myself because I know when I go out people like that lady she makes up false sh*t y'all arrest me on some just to shut me up so court can go through so this can put my kids up for adoption that's all it is I know that's what it is my kids are probably I can't even do nothing about it man ha ha ha oh my man you come down there and you lie to me you tell me you got a warrant for my arrest so I put my hands behind my back and then you tell me you don't in this case this is so they can have my children because my kids mom wants to give them up for adoption and she can't unless I'm out of the picture and now I am now I'm out I'm be stuck in here when court comes stop come on come on bro stop LET US KNOW IF THERE IS AN INTERACTION OR LEGAL TOPIC YOU WOULD LIKE US TO DISCUSS IN THE COMMENTS BELOW THANK YOU FOR WATCHING AND DON'T FORGET TO SUBSCRIBE TO OUR CHANNEL FOR MORE CONTENT ON POLICE COURT INTERACTIONS