you don't have to I'm taking everything out of her bag you don't even have to steal you got money do you guys want me to call DCF I have no problem on calling DCF and they will take both of the kids how how is it that they left you huh kind of shitty friends you got that's my mom kind of shitty ass friends you got on February 11th, 2020 officers in Florida responded to a shoplifting call at a Home Depot store the suspect made one decision that transformed her petty theft into a third degree felony she physically clutched her infant while resisting arrest an act that triggered child neglect charges under Florida law hold up for me alright get up she's talking to you you have anything in your bag no do you have anybody here with your baby yes they're in the car call them oh man we have no ID by the way as well that's fine you can have your cards I'll get it here have a seat call have a seat I'm gonna call them do you want me to pee no you want me to I'm gonna hurt you in front of your kids call them can you not grab me please call them oh my god you get up and it's gonna get bad up ma'am I'm not getting up I'm just so call them around no you're gonna stay like that call them I'm not moving call them you're making it worse for you this is so quick this is so quick oh god alright Kristen yep you need a copy I'm gonna keep Laura no I already have a copy I'm gonna keep Laura I'm gonna swap you two please alright major stop don't look like that it's okay yeah that's fine give me a second yeah I need you to be the witness for that please can you walk me outside no who are they my friend just a friend and my son is in the car my cousin how can you just why they're not answering I don't know her phone probably dead or something I'm not gonna do anything you already got me in here I'm not gonna I'm not you feel me what can I do I got my baby you gonna let him carry baby I ain't carrying the baby you can put the baby in the stroller I ain't touching the kid I'm sorry we can get a we can get a shopping cart baby can go to the baby basket and you can put her in handcuffs we can walk her outside I'm not even trying to you have the receipt and the video ready copy that man you have the receipt the video ready I gotta work on the video are you can you do that yeah what'd you say first this and this part is from your store oh my god bro I'm trying to call my mama call my dad it's a petty charge I know I'm not trying to I just want to get it over with I just want to get on my baby can you just walk outside when I can't let you walk like that you gotta go on handcuffs you can hold the baby and hold you at the same time I'm not gonna do I got my child what you and my other baby in the car what on what at least can I do I'm not I don't know I'm not that I'm not dead though you guys bring me a shopping cart just here alright wait Megan just put them right there no you wanna hurt yourself you wanna hurt yourself get off of me you wanna hurt lady you're not moving lady you're not moving lady lady you're not moving let go of the kid you're you you're hurting him I got my baby let go this guy said I wasn't going to jail it's giving me a question you're not going exactly the stupid traffic no I'm not lying that no I'm not stupid I got my baby with me now let go of the baby let go of the baby ouch don't f*cking fight me I'm not hey comply listen comply don't fight her don't fight her give me your other hand oh my god don't fight her hey don't fight her comply alright close your mouth like a f*cking Eskimo I know it's alright it's clear it's clear and now you're going to jail for stupid oh my god yep no please no please alright no it was a f*cking ticket he said I trust pass me it was a f*cking petty test I wanna get to my baby 5:46 10:40 10 no she's too tired of my arms 10:41 10:50 oh one two three four five six seven eight nine ten eleven 12 hours have a seat you alright major I did you he didn't even give it to me to sign what paper it was a f*cking paper can I get up please no I gotta pee ma'am I'm about to pee on myself seriously can I please get up I got my child I'm not trying to please ma'am you're not very smart I'll tell you that huh under the Fourth Amendment custodial arrest requires probable cause and loss prevention supplied video physical evidence and matching receipts that evidentiary trifecta leaves no room for a constitutional challenge to the arrest itself under Atwater versus city of Lago Vista 2001 officers may execute a custodial arrest even for minor misdemeanors the escalation from a notice to appear to a full arrest was therefore legally airtight Florida Statute Section 8 43.02 criminalizes resisting an officer engaged in a lawful legal duty passive noncompliance refusing to stand when lawfully ordered by itself satisfies the obstruction element under polite versus state thank you thank you can you push it all the way cause it's gonna fall now you don't have to I'm taking everything out of her bag 2190 how close are you this is your money it's going inside I gotta pee so bad I'm really about to pee on myself sis just do it girl 2 lemons for a minute copy what are you all working on this is 26 is on the shoplifting and custody 10:15 you don't even have to steal you got money alright you want gloves to show us that bag yeah I'm gonna do that you got gloves or you need them I got them alright you're good alright up alright put your legs do you have anything on you thank you you know in jail if you have anything they're gonna charge you stop moving just stay still I gotta go now I don't know what else that's fine you saved it can you burn it for me you probably have to sign out sign in to your own account cause I'm logged in on my on myself and I don't have a good card do you really have someone for this kid or not yes I do they're in the car she's waiting for another officer before we take her off can you walk me up to the front desk please 7 12 1 97 is she there yes I think she's in there 18:23 is that your mom where you at at the office all the way at the back I'm so sorry it's okay papa I'm sorry mom please you're going to jail please I told you it was a stupid ticket he just told me to I told you that's what it was I said there in front of you and I said this is a stupid ticket I told you you're not going to jail he didn't you just told me to 5 21 was fine clear and I'll be 51 back this year my baby my other son is in the car you wanna run 80 25 you said stand up when you came inside that's what you told me to do you didn't say nothing about a ticket I didn't hear you say that please miss the fact that you put your baby in harm that p*ssed me off you're going to jail for being stupid the pivotal charge however arises under Florida Statute Section 8 27.03 neglect of a child the statute reaches any culpably negligent act that could reasonably be expected to cause physical injury to a child struggling while clutching an infant after repeated commands to release the child satisfies that standard as a matter of law that single choice elevated the offense from a first degree misdemeanor to a third degree felony punishable by up to five years on use of force Graham versus Conner 1989 requires objective reasonableness judged from the officer's on scene perspective the force applied stayed at the lowest tier of the continuum soft empty hand control with no less lethal weapons deployed no that's the that's the main thing not my problem girl should have thought about it I told you it's a simple thing yeah I just she got a kid hold on she got a kid so I just gotta make sure um she says there's someone outside with her so I can give the kid come on hey I'll I'll take the baby you want it yeah I want it yeah thank you oh now you trying to take them off too you want another charge I'm not trying to do nothing you're ret*rded I'm telling you you're you're not very bright you are not very bright this thing is hurting me I'm not doing nothing okay alright thank you alright brother Miss huh I'm not trying to get in the way but do you mind asking her if she wants me to take her baby home well supposedly her friend is here with her other kid she pulled off supposedly she was home she pulled off oh no this year will come 10 15 was handed over to Officer Thomas for transport show me 10 7 your friends left oh my god what yeah you want me to take your baby home you can call her on my phone call my baby phone put your feet in put your feet in put it in can you call my what do you want something you like to hear something is that who it is causing me no 2 8 6 2 what's your password 2 0 1 2 no that's not it that's not the number no no no hang that up that's not her well she's asking where you at that's not her it's my cousin Mika I don't know what she asked for I'm at for Carita that number Carita and my baby his phone is in there too yeah your son I told them hello I told them to come and they need to get your baby and they left hello major hello yes this is Officer Rubio where you at Corita uh right here coming coming where I'm coming back to where you went you left yes I'm okay uh do you want her to take your stuff alright uh where's your ID and what purse you have like a bunch of shit somewhere do you have an ID my stuff got stolen you don't have an ID that's why I had to give him my card CSA 25 1 2 do you have a 52 for your 4 OK call my mom phone to yeah call get my mom No. 5 6 1 2 2 5 are you coming back yeah we're coming to get the baby now where are you coming from excuse me where are you coming from I'm coming from North Lake from North Lake what yes how I thought you guys were just here no so who was that person with her other kid do you guys want me to call DCF cause this is stupid I have no problem on calling DCF and they will take both of the kids no I'm coming right now no where are you at take him take him to my mama you got my mama number you got my mama number no you're not five minutes away you say you're in Blue Heron yo I'm coming I won't be there ma'am 54 65 call her now tell her you're bringing major how how is it that they left you huh kind of shitty friends you got I'm right here coming ma'am what's the number to your mom that's my mom kind of shitty ass friends you got who's with your son my son is with Karita call call my daddy phone you have your ID there she is hi major he knows you the officer's verbal conduct however tells a different story calling the suspect stupid retarded and not very bright such language violates no constitutional right yet breaches nearly every modern departments professional conduct policy it also creates civil liability exposure and evidentiary problems if defense counsel later argues punitive motive at trial on the grades Officer Rubio earns a B legally and tactically sound professionally deficient in verbal conduct the suspect earns an F every choice she made escalated her exposure from a citation into a felony arrest three lessons worth remembering first passive resistance is still resistance under Florida law not a neutral position second invoking a child's presence during arrest does not deter police action it manufactures additional felony exposure third officer discretion runs both directions a notice to appear becomes a custodial arrest the moment cooperation collapses if you would like us to analyze a specific interaction or legal issue drop it in the comments below thanks for watching and subscribe for more legal analysis of police and court interactions