What happens when a domestic call tests the limits of consent, force, [snorts] and constitutional law? What's going on? Are you hurt? No, I'm not. Okay. >> I'm just scared. >> Just I don't know if they have any weapons or not. They've been threatening me to kill themselves. >> 18, I'm out talking to the caller by my cruiser. She said no weapons except for kitchen knives inside. They've been threatening They've been threatening themselves. We had a really good day. I will be honest with you. We've both been drinking and I think that's really bad for them. Okay. Um They got in a fight. At our last apartment that we had, they took my phone. I I know where all my family is in California. That's where all my family is. And they at our last place, they stole my phone. They ripped it out of my hands. They ran upstairs, talked [ __ ] to my my father and everybody. And now today they did the same thing, but recently they've been very depressed and I and I talked to them on um recently. They um They've just been saying that they're really depressed wanting to kill themselves. Did they say how? No. Okay. Today they they did take my phone again for the second time. It's been a long time since that's happened. I just you know, they talked [ __ ] to my my father, which I don't have a great relationship with, but my stepmom she's my rock. I love her. Okay. And he talked [ __ ] to her both of them. Okay. He's been mentioning a lot recently that they've been dealing with depression and they've abused my cat in the past. So I'm really worried about that right now. So what um what exactly did he say today as far as hurting himself? Just that he's depressed and wants to Today he didn't say much of that. Well, yesterday he did a lot and the day before that. Okay. How long did you come outside? I think when I first called 911 because I was able to get my phone back for a really long time. Is that your phone then? Yes, it's my phone. I'm >> Okay. What name does do they go by? They go by Razer. Okay. If I were to go address them, how how am I What am I going to call them, Ray? Ray. >> H r e a I'm in a I'm in a cop car. They're They're going upstairs for Razer. >> [snorts] >> And he pushed me down and I was scared he was going to kill himself, so now they're going inside. I I think so. I just took your advice. I don't know if he knows that we're coming. The officer held position at the threshold. Legally correct. Under Payton versus New York, 1980, warrantless home entry requires consent or exigency. The subject refused both. The officer did not push in. Hello. Hi. Are you Razer? Yeah. How are you doing? I'm fine. So we need to talk to you about an incident About what? So please don't close the door on me. I'm not going to. I I have cats that are going to get out. >> Who who You want to come up here? Yeah, we can. Do you mind if we step in? I do mind. Okay. >> I know, that's why I was asking. Do you mind if we step in so you >> Yes, I do mind. Okay. You live here with um Andy, right? >> I do. Okay. Did anything happen >> Close that downstairs door, please. Careful with that door handle. >> Yeah, his parents calling him. No, um was there any argument or anything that happened between you two today? Just real quick, can I see your >> calling him. Yeah. Can I see both of your hands, please? Thank you. Um you guys got into an argument today? Yes. >> What was that over? >> It just needs to be closed the door so the cats don't get out. The Compton one might be better. You guys had an argument today. What was that over? His parents calling him and literally giving him depression, literally making him cry. Okay. Where Do they live in California still? Yeah. They do. Okay, and then that caused you guys to get into an argument? Known suicidal ideation, intoxication, and reported battery could have independently justified entry under Kentucky versus King, 2011. The officer's restraint was cautious, not mandated. Detention was lawful under Terry versus Ohio, 1968. Reasonable suspicion met by the 911 call alone. What followed elevated it to probable cause. >> Can you get your foot out of my door? No. Cuz I'm not going to close the door, but that makes me feel like I don't have a choice. Well, right now you're detained for investigations. You don't have Oh, cool. Okay. Go ahead. Okay. So you guys got into a verbal argument, correct? Correct. Okay. Did anything turn physical? Yeah. We hit each other. Okay. Can you elaborate on that? Like how did that get started? >> him, he hit me. Okay. Why did you hit him? Because we got into a verbal argument. Okay. Where did you hit him at? The face. Okay. Punch, slap, push? >> Punch. Punch. Okay. You punched him first and then he punched you back? >> Yeah. Yeah. Okay. And you guys You're roommates, you're in a relationship? What's the relationship here? >> What's the matter? What does matter? Okay, what what are you asking me? What do you want? Are you guys in a dating relationship? >> Yes, what do you want? And you both live here, correct? Oh god. Yes, we do. Okay. All right. So you punched him in the face during the argument. He punched you back how? Punched in the face, slapped in the face, the arms, the face. Do you have any marks or anything on you? I don't bruise easy. No. Okay. He was just upset. He stole my phone from me when I was talking to my parents about my own issues. And and and I was scared that he took my phone. I got it back from him and then he was just trying to take it back from me and I was able to escape. >> [snorts] >> I'm sitting in the back of a cop car right now for my own comfort and I'm just watching and I'm just scared. Well, we were drinking just a little bit and he he was mainly super mad that I was talking to my dad and having feelings about my dad and my stepmom. >> [snorts] >> And The subject voluntarily admitted mutual battery unprompted during non-custodial detention. Miranda does not attach here. These statements are clean, admissible, and dispositive. >> He was just super mad. All right, for right now you're going to GO IN HANDCUFFS. GET ON THE GET ON THE GROUND. LEGS UP. KICK STOP KICKING. YOU'RE GOING to Stop kicking. You're going to get tased. I'm going to bite you. Stop kicking. STOP. STOP. STOP IT. ROLL OVER. All right, get your hands get your hands. I got the other >> Try to bite me. I know. All right, stop stop stop. I got both hands. Just get some more units here. >> They haven't take three off. They're down, huh? Did he say yes? Can I get some more units here? Hey, go ahead and tase me again. You good? What do you need me to do? Yep, try He's trying. Stop and don't pull your arm. I'm going to [ __ ] Stop. STOP. YOU'RE [ __ ] PATHETIC. HE'S CLAWING THE [ __ ] OUT OF MY HANDS. STOP. STOP. >> STOP. [ __ ] TASER RIGHT HERE. STOP. TASER RIGHT HERE. YOU'RE [ __ ] PATHETIC. GET YOUR ASS BACK RIGHT NOW. YOU'RE GOING TO GET IT AGAIN IF YOU [ __ ] MOVE. Do you understand? >> [sighs] >> Am I bleeding from my face? No. You tried to get me down, huh? I've never been in the back of a cop car. 23 Slow everybody down apprehension. Sorry, 32 and a supervisor. You okay? [ __ ] took Don't grab her hands. She just took gouges out of my [ __ ] hand. You're going to get tased again if you [ __ ] do it again. I'm talking to me. You're kidding me. >> [snorts] >> She's crazy with these cables. We're not going to move her until Move them. Careful this part is really bad. Yeah. Move over Roll over to your side. Tuck your knees. I'm not saying please. Tuck your knees. Say please. >> We're going to sit you up on your butt so you're in a good position. >> to stay right here. This is a recovery position. It's fine. Not doing [ __ ] else until she's in a right >> Graham versus Connor, 1989. Force is assessed on crime severity, immediacy of threat, and active resistance. All three factors were present. The taser deployment was objectively reasonable. Approximately 6 minutes of prone restraint raises a due process concern. Post 2020 training mandates minimizing prone hold duration to prevent positional asphyxia. Officers eventually transitioned to lateral recovery. Compliant but delayed. >> No, sit me up. >> No. And I'll cooperate. >> You're just mad cuz I called you a guy. 18 any unit that's coming, if you could please grab my wrath out of my cruiser. There is a female in my cruiser as well. Be advised. I'm weaker than she is. You're pathetic. You stay here till somebody else gets here. Yeah, stay here until another woman comes here. Oh my god. So don't put don't PUT IT DON'T DON'T sit her up. Don't sit her up. So me up again. Yep. Yep. Keep on talking. Cuz I'm right? Yeah. Yeah, this will get you This will definitely get you a promotion. I can feel your knees shaking, dude. I can feel your knees shaking, dude. >> Is it my knees shaking or is it you moving? >> Look at you. Look at you. Three people pushing on me because you can't stand me. You dumb Not you, baby girl. Him. This ginger [ __ ] 18 which house are you guys in again? We're in the upper apartment. Whatever the address is on the phone is. Apartment two. 92 apartment two. Cops are pulling up with emergency vehicle. I'm so scared. It's going to be the door on the left in the front of the hall. Cops, please. >> [laughter] >> They're The EMTs are running inside. Oh my god, please stay on the phone with me. I'm so scared. Okay, then. I'm sorry. I'm sorry. Okay, I'll calm down. Stop. TELL HIM TO STOP. TOUCHING ME. I DON'T LIKE MEN. >> [screaming] >> I DON'T LIKE MEN. TOUCHING ME. KIDDING ME. 21 BOYS CAN'T HANDLE ME. Uh she's biting trying to Already called 911. >> already trying to bite the cops. Um 911 I'm trying to bite and claw men. And they're too [ __ ] stupid to get that. I'm so scared. I hear the radio in the cop car and nothing's going crazy on the radio. They're just uh seeing for backup. >> [snorts] >> All right, roll over to your side. Stop. Let go. First you want to roll over. My radio, my keys. Stop. 23 or 18 EMS approach. >> Let go of the radio. >> Negative. Let go of the radio. >> GO. MEN. NOBODY WANTS TO HEAR THAT. DID THEY ASK FOR THE POLICE? DID THEY ASK FOR THE POLICE? LET ME GO. DID THEY ASK FOR THE POLICE? ALL RIGHT, got to let go with one hand. Yeah, we're good. Okay. Come on, roll on your side. We're going to sit her up to make sure she doesn't bite you. Sit up. Sit up. All right, stay away from her mouth. Hold on. Hold on. Wait. Wait. Loosen that. Ready? One, two, three. I'm not going to tase you. You got room in here? >> Yep. Bring the feet. Watch your head. Good. I don't want room. The helmet's over there. One, two, >> know if we can do it. >> Any unit available in 10 district 9 with a weapon down to me. I want Andy to see me. This is not going to work. You want to grab a side and I'll grab a side? Lift me up with your knees. Hey, can you guys bring the cot up here? Yeah. 15 year old is coming in to dodge a challenge. You literally look like a [ __ ] plain clothes guy. Thank god. [laughter] Thank god. Thank god. Okay, yes, please. Thank you. Please stay with me at this car. Lift me up. There you go. I could bite your face off. Wow. I'm talking to him. That's rude. Rude? Oh, that's rude. That's rude. That's rude. That's all That's it? That's rude. Okay. This is flashlight. That's rude. Uh so I just arrived after she got tased. So it was a domestic. Can I Can I hug her? No. She's under arrest right now. She bit and spit on him. Let go. Shut the [ __ ] up, Cassandra. You didn't give a [ __ ] when you put me in that You literally pulled it down. You got the same thing. Let go. You. You. I don't like you. You. You. It's the hardest thing. Yeah. Um history of violence or anything like that? >> Yes. Yeah. Yeah. Yeah. Very much so. Three charges. Domestic battery, assault on an officer, and resisting arrest. Disposition unknown. Any defense challenge to the threshold timeline or prone duration is weak against on-camera admissions and documented active resistance. Grades. Officer. B minus plus. Sound legal restraint and justified force offset by extended prone duration and unprofessional conduct during custody. Subject. C. Lawful refusal of entry then physical resistance converted one charge into three. Caller. A minus. Accurate, detailed reporting. Minor deduction for approaching during active arrest. Department. B. Functional protocols but two officer deployment to a documented DV with suicidal ideation was a resource miscalculation. Lessons learned. One. Voluntary statements during investigative detention carry full evidentiary weight. Silence is always a right and often the smarter legal choice. Two. Resisting a lawful arrest adds independent criminal exposure and resets the force analysis regardless of whether the underlying arrest is later challenged. Three. Prone restraint duration is an active liability issue. Wrap arrival time should be treated as a performance metric. Let us know if there is an interaction or legal topic you would like discussed in the comments below. Thank you for watching.