because I'm not a thief I don't have a record being a thief okay but you got caught stealing today right I got caught stealing today okay and that justifies your situation OK this purse does not belong to you this purse belongs to the store I watched you take this off the shelf and turn the tags off these do not belong to you this does not belong to you I watched you put this inside the purse three hundred and twenty six dollars and seventy five cents worth of items before tax SEPTEMBER 19TH, 2022 WEST PALM BEACH FLORIDA A SHOPLIFTING DETENTION AT WALMART THE ARREST WAS LEGALLY SOUND THE FORCE WAS DEFENSIBLE BUT THE ESCALATION PATH RAISES A FUNDAMENTAL QUESTION COULD BETTER DE ESCALATION HAVE ACHIEVED THE SAME LEGAL OUTCOME WITHOUT THE TAKEDOWN THE INJURY CLAIMS AND THE ADDED CHARGES THREE FLORIDA STATUTES AND ONE SUPREME COURT DECISION GOVERN THIS ENCOUNTER AND REVEAL WHAT WENT RIGHT AND WHAT DID NOT HAVE TO HAPPEN THE FOOTAGE BEGINS IN THE WALMART PARKING LOT WHERE THE STORE'S ASSET PROTECTION TEAM HAS TRACKED THE SUBJECT THROUGH SURVEILLANCE CAMERAS excuse me ma'am come back inside the store for me bring your cart come back inside the store bring your cart bring your cart come back inside the store I don't want to embarrass you in the parking lot you're not gonna embarrass bring your cart come back inside the store please OK thank you I don't get all of this and you don't see all of that bring your card inside the store please I'm coming inside the store now I am coming now cause I don't know what you looking for what are you looking for after I don't spot spent all of that let me go back to this door right here this ma'am push the car inside the store I put my car inside the store before I snap oh wow and keep walking back in towards the cash registers okay i'mma make her right here I'm gonna walk down to the other side of the store 9 20 two sixty eight West Palm OK where do you want me to go can you open up a signal 65 at Walmart I'll be 10 4 we are walking one to the AP office you wanna stop here yeah alright go ahead and pull your card up over here for me I just did that and I just talked to the lady ma'am listen thank you listen she just said I did OK that's fine OK so what is y'all talking about what OK what is it because it's too trendy do you have an ID on you no no no but I can tell you my name so so let's stop right now OK I'm stopping you for shoplifting if you wanna leave out of here you gonna change your attitude stop stop stop stop if you wanna leave out of here you gonna change your attitude okay if not I'll just take you to the county cause I really don't care I don't go to jail you don't cause you can't today I'm telling you is I I don't go to jail I don't have a record but what I'm trying to right but what I'm telling you is today what did you can make your way to the county what did I make number one is this purse and also the clothes in this cart that you bagged up at the register so let's let's let's change the tone okay let me tell you something I scanned my family and there's an employee here that if you say I shoplifted my panties they're $3 I don't I I don't set up there and put all of these that's why exactly I don't come here I don't do not come to this Walmart because y'all be on if that's the case you could have easily said OK first of all stop stop all that back away from the car ma'am back away from the car I'm backing away giving you where's your receipt at my receipt is right here OK give me your receipt cause I have two transactions OK excellent there's that Miss Daisy OK this purse does not belong to you this purse belongs to the store I watched you take this off the shelf and turn the tags off these do not belong to you this does not belong to you I watched you put this inside the purse please don't grab any of the stolen merchandise please don't grab anything out of the purse okay go ahead that belongs to us okay you got that thank you I can go into my wallet no you cannot not right now what do you mean because I've stopped you for a lawful reason no you cannot go into your wallet I don't know what's inside your wallet please step over here okay okay that's it Miss Daisy I'm gonna I'm gonna walk her down to the office and then we'll come can you can you just tell her to put walk this way for me please ma'am hold this for me can you walk this way for me please put my money back on my car walk this way you'll get this in a second walk this way I will tell you all this is stand here let's walk this way cause I I don't want it ma'am leave everything in the car and walk this way $300 for all my stuff walk this way please don't be aggressive walk this way please don't be aggressive pay attention to what I'm telling you then I am paying attention to what you please walk this way that's frustrating you tell me what you saw what you watch okay you got what you wanted let it go cause everything else I paid for the uh black guy that went into the bathroom he's with them there's two other women go this way please make a right towards those doors never been called excellent no not been called you being sarcastic yes I am glad you picked up on it step inside you gonna have a seat over here on this bench I'm step inside have a seat on the bench step inside have a seat on the bench I'm only gonna tell you one more time step inside have a seat on the bench i'mma step inside and you gonna let me out i'mma step aside she got what she wanted and that's the case here go my full stamp card give me back all my money on them and I will leave I will simply leave I don't want sh*t from Walmart I'll go to Walmart on 4:41 period I'm not writing down I'm not gonna have my name leave have a seat nothing because I ain't do have a seat no you're going to have a seat um ma'am I'm tough for you can start another unit if you have one can you please refund my money so everything that's in your cart and nothing was taken out your store you good ma'am have a seat I'm sorry I'm ready to go you're not going anywhere right now and I'm tired yes I I told Kathy I could help you a lot of what is this you need to communicate I've already told you what you've been stopped for okay you said shoplifting with the purse and you didn't pay for your pants that's correct and I pay for everything else OK that's fine so they're gonna go through the cart so you want me to pay for the pennies swipe my card I know I said I'll go ahead and go ahead and just refund me my money back and I'll go somewhere else it's simple it's common sense that's why usually people come in and they pay for the stuff and they get to leave don't come at me like that because I'm not a thief I don't have a record being a thief okay but you got caught stealing today right I got caught stealing today okay and that justifies your situation cool no it justifies your situation ma'am no it doesn't work that way what doesn't work that way you don't just get to leave why do I not get to leave because you're being stopped I mean I don't I don't understand why this is so hard for you to understand where's my wallet I have your wallet OK can I have my wallet no you cannot why can't OK you can keep that I'll I'll get something because what I wanna do excuse me don't bump me ma'am because I didn't I told you I didn't do nothing to stop and have a seat OK I am gonna have a seat why are you bothering me because you're hurting me stop or I'm gonna take you to the ground because you're hurting me stop or I'm gonna take you to the ground so first of all sir I'm a licensed medical stop i'mma take you to the ground I'm telling you right now if you do not stop tensing up I'm gonna take you to the ground I'll go sit down no now you're gonna get put in cuffs for what stop tensing up i'mma take you to the ground turn around turn around this is some you do not have to put me in cuffs I will comply and go sit my *ss down around now and bump me again like that and I'm I'm trying to get I'm I told you to stop what the f*ck are you doing that for you sitting up there no you're not you're not turn over you're not gonna sit up here put me on my face and I'm a woman you break something on the ground now on the ground now on the ground now on the ground now let go my arm like that on the ground now oh my god on the ground now oh call call my motherf*cking lawyer call call my dad call call my dad I did not try to break no easy get off me and I cannot breathe you'll be able to just a second give me your other arm i'mma give you my other arm when you want something sir get off me now you don't lost your mind what is your name and you don't make a super come out my mouth move stand up if I can't if you wait stand up d*mn OK stand up give me a second you don't make me hit my 2268 West Palm Star supervisor have a seat she's sticking something in her mouth Ma what's that tooth have a seat mind your business tell me why I'm sticking something in my mouth cause the way you slap me on my motherf*cking face have a seat why you slap me on my face have a seat have a seat my face is killing me have a seat now don't bump my head have a seat don't bump my head have a seat are you going back on the ground don't not bump my head have a seat you you pressure bro to the wrong people stay seated I am seated and do not get up alright uncuff me then cause soon as I get out of here I'm gone you ain't even supposed to handle a woman like that wait how are you I'm good good yeah good man yeah refusing to comply OK uh no it's not trying to put her in cuffs wanted to keep pulling away OK tried to walk out of the office you body slam me you you should have done this in my arm oh we're good we're good have a seat have a seat over here again have a seat you see what I mean have a seat sit down you are not free to do what you wanna do I'm not doing what I wanna do like I said give me my and y'all can give me back my $375 and i'mma get the f*ck out of here man get the f*ck off me he got this cuff cuff in my hand and I swear for god I will call my daddy that's a lawyer and you will regret it take a seat man sit down y'all let me have a minute I get that okay why are you here if they're here you already said what you said give me my money back take your card give me my money back I'll go somewhere else take my card give me my money back straight up cause what you're not gonna do is manhandle me and act like I'm not gonna do about it cause if you was my man I'll slap you dead in your for putting your hand on a female you got me f*cked up cause I never been in trouble I'm not no trouble maker I know I don't need permission can you move her cause it's bad enough she bought me and she's all that so I'm telling you right now you can sit there and you can pose if you want to call your granddaughter or whoever you want cause I guarantee you I ain't gonna lose can you give me my stuff no I'm mad I don't want to shop here no more and I will speak to you what you got in your mouth don't worry about it what's that it's a flipper Jesus it's a flipper Jesus yeah a bridge or something yeah pretty much OK what happened to you don't worry about it sir I'm not in the mood so if I cut up and I act a fool it's on you no it's on you it ain't on me because I act politely to unloosen my cuff your cuffs are alright man to unloosen my it how what you mean how do you see this they're not made do you see that it's eating me I can't I can't do you see that I got red marks no I can't I don't see it your shirt over okay your shirt over and then my shirt is my jacket because he slammed me in my face that's why he made my foot come out cause I'm over him straight up what kind of medication I don't take no medication what do you mean you're not diagnosed with it no do I look like I'm diagnosed with anything because I'm a black woman no your brother or your sister out there he is she is and she's very pissed off what do you mean I have anxiety I'm happy right now user you don't do no ladies like that I'm not one of them ghetto I'm very classy and intelligent don't play with me sarcastic oh yeah I'm being sarcastic I hope your wife like it I don't like women yeah I bet you don't it shows I love my mother and my great grandmother I bet you do that's the only love you gonna get I can tell you that right now she don't have a problem if that's the case pay for the purse why is it a big problem that's that you you you're talking about something that's over under $25 you're not even trying to help you tell me you're coming here to fix the problem to get it resolved and then you tell me I'm resisting arrest how the f*ck am I resisting arrest when you slap me on my face man call the EMT call the EMT take a seat man call the EMT now before I walk out this door and I give y'all a real reason to arrest me you're not gonna do that man I swear to god I am on my dead mama and my mama's death anniversary is on the mother 21st I'm not playing with y'all it's Saturday no no I gotta go to work tomorrow are you not listening my complaint is what you did tell them what you did you know what you did don't talk to me can I go to the bathroom uh give me a second there's another officer coming back yeah OK I can come back and I'm gone well they'll be able to walk to the bathroom OK they can walk me to the bathroom and I'm just gonna run well then we're not gonna be able to take you to the bathroom then you don't have to chase me I'm saying we're not gonna be able to take you to the bathroom you're gonna take me to the bathroom cause I'm not gonna sit here and piss well not if you're gonna run I'm gonna run and go home I don't deserve to go to jail okay okay alright because it's two transactions they both have food they both have everything and we're shopping together the only thing I did was the last the couple items I had okay well this shows that you did not scan three hundred and twenty six dollars and seventy five cents worth of items before tax that's what this shows that's that's what this is they went through your cart and they compare the items that were scanned in the cart with the receipt you gave and anything that wasn't scanned and paid for THE LEGAL FOUNDATION BEGINS WITH FLORIDA STATUTE SECTION § 812.015 COMMONLY KNOWN AS THE MERCHANTS PRIVILEGE THIS STATUTE AUTHORIZES A MERCHANT WITH PROBABLE CAUSE TO BELIEVE RETAIL THEFT HAS OCCURRED TO DETAIN THE SUSPECT IN A REASONABLE MANNER FOR A REASONABLE TIME HERE THE ASSET PROTECTION OFFICER PERSONALLY OBSERVED THE SUSPECT REMOVING A PURSE FROM THE SHELF TEARING OFF SECURITY TAGS AND CONCEALING UNPAID ITEMS INSIDE THAT DIRECT OBSERVATION SATISFIES PROBABLE CAUSE AND TRIGGERS THE MERCHANT'S STATUTORY IMMUNITY FROM FALSE ARREST CLAIMS CONTACT WAS INITIATED ONLY AFTER THE SUSPECT PASSED THE LAST POINT OF SALE ELIMINATING ANY POSSIBLE DEFENSE OF INTENT TO PAY THE STATUTE ALSO REQUIRES THAT LAW ENFORCEMENT BE CALLED IMMEDIATELY AFTER THE MERCHANT TAKES THE SUSPECT INTO CUSTODY WHICH WAS DONE HERE THE CLASSIFICATION OF THIS THEFT UNDER FLORIDA STATUTES SECTION § 812.014 DEPENDS ENTIRELY ON THE DOLLAR VALUE OF THE MERCHANDISE PROPERTY UNDER $100 IS PETIT THEFT OF THE SECOND DEGREE A SECOND DEGREE MISDEMEANOR MAXIMUM 60 DAYS IN JAIL BETWEEN ONE HUNDRED AND $750 IT BECOMES PETIT THEFT OF THE FIRST DEGREE A FIRST DEGREE MISDEMEANOR UP TO ONE YEAR THAT IS THE CATEGORY HERE THE UNSCANNED MERCHANDISE TOTALED THREE HUNDRED TWENTY SIX DOLLARS AND SEVENTY FIVE CENTS ABOVE $750 THE CHARGE BECOMES GRAND THEFT A THIRD DEGREE FELONY CARRYING UP TO FIVE YEARS IN STATE PRISON IF THE SUSPECT HAD ANY PRIOR THEFT CONVICTIONS EVEN A PETTY THEFT COULD BE ELEVATED TO FELONY LEVEL UNDER FLORIDA'S REPEAT OFFENDER PROVISIONS FOR A FIRST TIME OFFENDER AT THIS DOLLAR AMOUNT THE STANDARD OUTCOME IS PRETRIAL DIVERSION NOT A PHYSICAL ARREST AND TRANSPORT TO COUNTY JAIL THE OFFICER'S USE OF FORCE IS GOVERNED BY GRAHAM VERSUS CONNOR THE SUPREME COURT'S 1989 LANDMARK DECISION ON POLICE FORCE G ESTABLISHED THE OBJECTIVE REASONABLENESS STANDARD EVALUATED THROUGH THREE SPECIFIC FACTORS FACTOR 1 THE SEVERITY OF THE CRIME AT ISSUE HERE THE UNDERLYING OFFENSE IS A FIRST DEGREE MISDEMEANOR THE LOWEST TIER OF SEVERITY FACTOR 2 WHETHER THE SUSPECT POSES AN IMMEDIATE THREAT TO OFFICER SAFETY SHE WAS UNARMED INSIDE A SECURE STORE OFFICE HOWEVER SHE WAS PHYSICALLY TENSING BUMPING THE OFFICER AND HER ESCALATING BEHAVIOR INTRODUCED TACTICAL UNPREDICTABILITY INTO THE ENCOUNTER FACTOR 3 WHETHER THE SUSPECT IS ACTIVELY RESISTING OR ATTEMPTING TO EVADE ARREST BY FLIGHT SHE REPEATEDLY PULLED AWAY REFUSED COMMANDS TO SIT TRIED TO LEAVE THE OFFICE AND VERBALLY STATED HER INTENTION TO RUN UNDER GRAHAM THE OFFICER MUST BE JUDGED FROM THE PERSPECTIVE OF A REASONABLE OFFICER ON THE SCENE NOT WITH THE BENEFIT OF HINDSIGHT BY THIS STANDARD THE GROUND TAKEDOWN FALLS WITHIN THE RANGE OF LEGALLY DEFENSIBLE CONDUCT BUT DEFENSIBLE DOES NOT MEAN OPTIMAL SECONDS BEFORE THE TAKEDOWN THE SUSPECT OFFERED TO SIT DOWN VOLUNTARILY A DE ESCALATION OPPORTUNITY THE OFFICER CHOSE NOT TO TAKE THE RESULT FACIAL CONTACT WITH THE FLOOR INJURY COMPLAINTS AND AN EMT RESPONSE ALL AVOIDABLE HAD VOLUNTARY COMPLIANCE BEEN ACCEPTED THE USE OF FORCE CONTINUUM WAS TECHNICALLY FOLLOWED PRESENCE VERBAL COMMANDS SOFT CONTROL THEN HARD EMPTY HAND CONTROL EACH ESCALATION FOLLOWED NON COMPLIANCE BUT THE TRANSITION SPEED FROM VERBAL WARNING TO PHYSICAL TAKEDOWN WAS RAPID FOR A NON VIOLENT MISDEMEANOR THE ENCOUNTER HOWEVER WAS FAR FROM OVER WITH THE EVIDENCE TALLIED AND THE SUBJECT IN HANDCUFFS A SECOND PHASE OF CONFRONTATION BEGAN I did not scan we had two carts did they go into the cart that already left no they took no listen that's common sense OK but listen ma'am they took the card that you had the card that I had you had you had the receipt for your card and the lady and the lady gave you the receipt along with your food stamp card for the card she had correct and did you get the receipt for my sister we took your receipt your receipt ma'am that we're both in here shopping together but miss your receipt was for your shopping cart okay can I just go when the other officer gets here we will make arrangements to take you to the bathroom how I have to go now OK well you have to wait ma'am I can't wait OK and you're gonna have to wait I have a bladder problem I understand that I have a bladder problem please have a seat miss shoot me please have a seat I have to pee now okay well miss please have a seat because I'm already pissed off about what you just putting in there okay I'm trying to get out miss again please have a seat and I and I asked you the same thing but we are going miss we are going back to what we went through initially I'm asking you to have a seat please have a seat you're doing it now because you have him in here you just no again I'm asking you to please have a seat how can I have a seat when I gotta pee you want me to I want you to please have a seat while I do my paperwork okay so how about this I'll be over here in the trash because I can't pee you're gonna make it come out again please have a seat you're gonna make it come out hold it until the other officer comes how can I hold it have a seat he's on his way and we're gonna take you to the restroom OK you doing the I want you to pee on yourself you doing the most but I can't take you to the bathroom OK you're so rude call my dad I should be able to make a phone call ma'am please have a seat thank you I'm having a seat hey she needs to pee um I don't mind walking her there and doing that she said she needs to pee really bad I don't know how you feel she's gonna have to be I can stand away yeah I mean it's up to you since you transport I just I told her I told her that I would ask you alright it's fine come on I'll uh I'll walk down there with you okay oh my gosh I'm not going in there what I'm not going in there where's the bathroom hang on hang on can you just take my jacket off hold on a second you coming out you coming out oh okay I'm sorry what she's doing come on let's go we gotta go I didn't make a phone call you can make one but you have to do that once you get to the jail we have to be able to get there quickly I don't want to go to jail I tell him that okay he didn't put a charge on me saying I I um resisted arrest okay how can you resist arrest alright come on how how how I don't need to put my hands up he he can let me go and because you guys can check the other stand over there in the corner I gotta wash my hands and over there in the corner that's not a place to wash your hands for what put your hands together like you're praying no you can put my hands in front because I'm not putting my hands in front they have to go to your back now they have to go what back okay you see how you how he's being aggressive look at that just relax my arm I can relax it for him this is me right now y'all can say whatever y'all wanna say I'm not going to jail I will run okay I don't do that come on I'm not doing anything don't no yes you know exactly touching anything you know what you're doing what am I doing you are making the situation so much more difficult how am I making it difficult when I'm not even touching anything I'm holding my stuff and you are trying to slip the cuffs how am I trying to slip the cuff I'm holding my hand you're making it tighter than what has to be then stop trying to slip the cuff how can I slip the cuff when I have a small wrist sir that doesn't make any sense you already have it tight call the ambulance now I'm not leaving with you until I see the ambulance did you grab my go ahead did you grab did you grab my stuff yes I have it OK go put me in the car I don't want to be in the car you made me miss my mom walk d*mn walk just walk he already broke it just sit down THE SECOND CHARGE RESISTING WITHOUT VIOLENCE FALLS UNDER FLORIDA STATUTE SECTION § 843.02 THIS STATUTE CRIMINALIZES KNOWINGLY AND WILLFULLY RESISTING OBSTRUCTING OR OPPOSING AN OFFICER IN THE LAWFUL EXECUTION OF A LEGAL DUTY IT IS A FIRST DEGREE MISDEMEANOR UP TO ONE YEAR IN JAIL AND A ONE THOUSAND DOLLAR FINE THE SUSPECT'S CONDUCT SATISFIES EVERY ELEMENT REFUSAL OF LAWFUL COMMANDS PHYSICAL TENSING PULLING AWAY EXPLICIT VERBAL THREATS TO FLEE FLORIDA COURTS HAVE HELD THAT WORDS ALONE MAY SUPPORT THIS CHARGE WHEN ACCOMPANIED BY OBSTRUCTIVE PHYSICAL CONDUCT AS SEEN HERE WHILE FLORIDA LAW PROTECTS PASSIVE RESISTANCE TO AN UNLAWFUL ARREST THIS ARREST WAS LAWFUL BUILT ON DOCUMENTED PROBABLE CAUSE THE SUSPECT'S RESISTANCE THEREFORE CARRIES NO LEGAL JUSTIFICATION AND INDEPENDENTLY SUPPORTS THE ADDITIONAL CRIMINAL CHARGE TWO PROCEDURAL POINTS DESERVE ATTENTION FIRST THE SUSPECT MADE NUMEROUS SELF INCRIMINATING STATEMENTS THROUGHOUT THE ENCOUNTER MIRANDA APPLIES ONLY DURING CUSTODIAL INTERROGATION HER STATEMENTS WERE VOLUNTARY AND SPONTANEOUS FULLY ADMISSIBLE IN COURT SECOND WHEN THE SUSPECT REPORTED INJURIES AND REQUESTED MEDICAL ATTENTION THE OFFICER CALLED FOR EMT THIS WAS THE CORRECT PROCEDURAL RESPONSE WHETHER AN OFFICER BELIEVES INJURIES ARE GENUINE IS IRRELEVANT THE LEGAL OBLIGATION IS TO DOCUMENT THE COMPLAINT AND ARRANGE MEDICAL EVALUATION FAILURE TO DO SO EXPOSES OFFICERS AND DEPARTMENTS TO CIVIL LIABILITY UNDER FEDERAL CIVIL RIGHTS LAW SPECIFICALLY SECTION 1983 THE CASE CONCLUDED WITH THE SUSPECT CHARGED WITH THEFT AND RESISTING ARREST WITHOUT VIOLENCE TWO FIRST DEGREE MISDEMEANORS SHE WAS SENTENCED TO PRETRIAL DIVERSION A FOUR HOUR THEFT ABATEMENT COURSE A FOUR HOUR ANGER MANAGEMENT COURSE AND A 100 DOLLAR FINE UPON SUCCESSFUL COMPLETION THE CHARGES WOULD BE DISMISSED PRESERVING HER CLEAN CRIMINAL RECORD A STANDARD OUTCOME FOR FIRST TIME OFFENDERS INSIDE THE PATROL VEHICLE THE SUBJECT'S RESISTANCE CONTINUED STILL UNAWARE THAT THE OUTCOME HAD ALREADY BEEN DECIDED IN HER FAVOR hey get my flipper from by the door so then you gotta say something but you have to stop moving around I wanna go home I'm not going to no hospital and no jail I'm going to the hospital call my brother and if you do not comply I'm not going in the car with you those are my rights if you can't call EMT to come check me out come see me then I'm not leaving with you is the MT coming yeah where's the MT at OK where we're at we're at we're at in the parking lot where at so I can go and show them this and I can show them that my knee you wanna go out this door or I can open this one up I can open this one where my where my knee you can come through and I'm gonna let them know that I am where they at where's the EMT's at they're in the other corner of the parking lot you gotta be patient what what other corner I don't even I don't even see my spot no I'm not getting into no property I'm not getting into no property I'm not I'm not no call my brother now call my brother now please call my brother now call my brother now please because you didn't even call him you did not even call him see you did not even call him see I don't wanna get in here I don't wanna get in here f*ckin'what stop what listen for what for what for what no don't put no on me don't put nothing on me and y'all hurting my hand stop grabbing on me I stop man get your hand off my neck you better get your hand off my neck stupid you wanna hobble or no I mean I mean she's out of the seatbelt OK we'll hobble her do you have a hobble strap uh no I'm not going over there hey hey you're not gonna listen listen somebody no cause y'all not respecting what the f*ck I said hey listen to me no no no if you don't stop no we are going to hobble your feet no no no you understand that no no no tell them I want an mg right now so listen cause you keep you are going to see the nurse at the jail I don't wanna see no nurse okay I don't wanna see no nurse the nurse has more training the nurse has more training than a paramedic no they don't yes they do I'm a licensed it is a registered nurse then you should know that a registered nurse has more training it hurt you got my whole you got my whole back you could have put you could have put the handcuffs in the front what am I gonna do what I'm gonna do in the front ma'am listen to me if you don't stop we are going to hobble your feet that means that we are going to take this cord and lock your feet together go okay the jail is 10 minutes away you can sit back here for 10 minutes and go to the jail because y'all did this and then you say oh I resisted arrest Miss why would you say that why would you say that why would you say that you you're not gonna get I have two jobs tomorrow I'm not getting you out of here I have two jobs tomorrow listen why would you not do that why would you not do that please don't push on me you already pushed on me I'm not gonna open the door so we can pull it around the front don't touch me I don't need y'all to put don't do anything I'm fine are you fine so are you are you going to relax back here just leave me alone leave me alone cause I'm not going in there I mean she's saying she's gonna relax I'm not going in there get these cuffs from behind my back into the Frank cause when you slinging this car you're slinging my wrist and if my wrist get broken so yeah and she's saying she's gonna go we don't gotta wrestle with her alright wrestle with her let's see yeah she I mean you put the seatbelt on and she took the seatbelt off yep that's on her alright so call my family call my brother call my alright thank you yep no problem buddy and where's my jacket hang on WITH THE LEGAL FRAMEWORK AND OUTCOME ESTABLISHED EACH PARTY'S CONDUCT CAN BE EVALUATED THE OFFICER RECEIVES A GRADE OF B MINUS THE ARREST WAS LEGALLY JUSTIFIED PROBABLE CAUSE WAS CLEARLY ESTABLISHED MULTIPLE VERBAL WARNINGS PRECEDED THE USE OF FORCE MEDICAL AND RESTROOM REQUESTS WERE PROPERLY ACCOMMODATED DEMONSTRATING AWARENESS OF OBLIGATIONS TOWARD THE DETAINEE'S WELL BEING HOWEVER THE ESCALATION BYPASSED A CLEAR DE ESCALATION OPPORTUNITY WHEN THE SUSPECT OFFERED TO COMPLY VOLUNTARILY BEFORE THE TAKEDOWN DIRECTING A SUSPECT TO CHANGE HER ATTITUDE RATHER THAN NAMING SPECIFIC BEHAVIOR FALLS BELOW PROFESSIONAL COMMUNICATION STANDARDS FOR A NON VIOLENT MISDEMEANOR SUSPECT INSIDE A SECURE ENCLOSED OFFICE A MORE MEASURED RESPONSE WOULD HAVE BEEN PROPORTIONAL TO THE THREAT THE SUBJECT RECEIVES A D+ HER CONDUCT IS A TEXTBOOK EXAMPLE OF HOW NONCOMPLIANCE MANUFACTURES CONSEQUENCES THAT DID NOT NEED TO EXIST A ROUTINE SHOPLIFTING STOP WHICH TYPICALLY ENDS WITH A CITATION ESCALATED TO A PHYSICAL ARREST AND AN ADDITIONAL CRIMINAL CHARGE REFUSAL TO COMPLY PHYSICAL RESISTANCE REPEATED THREATS TO FLEE EACH ACTION INDEPENDENTLY SATISFIES THE ELEMENTS OF RESISTING WITHOUT VIOLENCE REMOVING HER SEATBELT DURING TRANSPORT FURTHER DEMONSTRATED THE PATTERN OF NONCOMPLIANCE THAT DEFINED THE ENTIRE ENCOUNTER TO HER CREDIT SHE NEVER ACTUALLY ATTEMPTED TO FLEE NEVER STRUCK AN OFFICER AND EVENTUALLY COMPLIED HOWEVER RELUCTANTLY HER CLEAN RECORD EXPLAINS THE PRETRIAL DIVERSION OUTCOME HER BEHAVIOR DURING THE ENCOUNTER DID NOTHING TO EARN IT WALMART'S ASSET PROTECTION OFFICER RECEIVES AN A MINUS THE EVIDENCE CHAIN OBSERVATION DETENTION INVENTORY WAS THOROUGH AND SYSTEMATIC WAITING UNTIL THE SUSPECT PASSED THE LAST POINT OF SALE BEFORE MAKING CONTACT WAS PROCEDURALLY SOUND AND LEGALLY STRATEGIC THE SOLE FACTOR PREVENTING A FULL A IS THE PARKING LOT CONTACT LOCATION AN INTERIOR APPROACH WOULD HAVE CARRIED LESS RISK OF VEHICLE FLIGHT BEFORE CLOSING THIS ENCOUNTER OFFERS THREE CRITICAL LESSONS FOR LAW ENFORCEMENT FOR THE PUBLIC AND FOR BOTH FOR OFFICERS A LAWFUL ARREST DOES NOT DEMAND IMMEDIATE PHYSICAL ESCALATION WHEN A SUSPECT OFFERS TO COMPLY VOLUNTARILY THAT IS NOT WEAKNESS TO ACCEPT DE ESCALATION IS A STRATEGY NOT A CONCESSION IT REDUCES INJURY REDUCES COMPLAINTS REDUCES LIABILITY AND ACHIEVES THE IDENTICAL LEGAL RESULT BEHAVIOR BASED COMMANDS SUCH AS STOP STANDING UP ARE MORE OBJECTIVE MORE DEFENSIBLE AND MORE EFFECTIVE THAN SUBJECTIVE DIRECTIVES ABOUT ATTITUDE FOR CITIZENS RESISTING A LAWFUL DETENTION DOES NOT MAKE IT DISAPPEAR IT ADDS CHARGES IT ADDS FORCE IT ADDS CONSEQUENCES EVERY TIME THE MOST EFFECTIVE WAY TO CHALLENGE ANY ARREST LAWFUL OR OTHERWISE IS THROUGH THE LEGAL SYSTEM NEVER THROUGH PHYSICAL CONFRONTATION AT THE SCENE AND FOR EVERYONE IN FLORIDA FIRST TIME PETIT THEFT IS AMONG THE MOST SURVIVABLE CHARGES IN THE CRIMINAL JUSTICE SYSTEM FREE TRIAL DIVERSION A SHORT COURSE A SMALL FINE THAT OUTCOME WAS AVAILABLE FROM THE VERY FIRST SECOND OF THIS DETENTION EVERYTHING THAT FOLLOWED THE TAKEDOWN THE RESISTING CHARGE THE TRIP TO COUNTY JAIL WAS ENTIRELY AVOIDABLE BY BOTH SIDES 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