okay let me have your ID hey you you can go ahead no that until you tell people okay listen I'm going to arrest you if you don't give me your ID you have no right no right just give me your ID your last chance right now Marcy you have no right Marcy to be doing this yes yes you do what did I tell me you're not identifying yourself you're not identifying yourself no you tell me why give me your g*ddamn ID or shut up one last chance one last mercy look at me Marcy come here take me in hi hey I'm back so hey she's badass oh she's she's okay um she just has a video of me on her phone that I need to remove um I'll ask her to but I can't go under it and remove it well they're also not allowed to be photographed no I understand I'm I'm I'm saying I can't delete it I can't take her phone and delete it I'll do a report and everything tell her that you want to delete it are you talking about me I'm not being mean yes I just said I know yes darling OK negative um it's just trying to restart your computer coffee can you make sure I'm on my palm and the rest of the clothes that I did it is yeah come with me we're gonna go that way you have a driver's license do you see it but I would like you to tell me why I will I'll explain it to you I'm just gonna sit and lie with bullsh*t alright come on come on you're you're in a secure area come on oh well huh come on can you what smoke no you can't smoke my ears are plugged alright come on are they all going that way alright come here where can I smoke you can't smoke out here huh you cannot smoke out here I'm sergeant Marsh I work for the Charlotte County Sheriff's Office and what is the problem you know I know sir that way no Dougie that way go you started it I didn't start it go is this your husband yeah okay let me have your ID hey you you can go ahead no that until you tell people okay on February 15th, 2024 the Charlotte County Sheriff's Office responded to Punta Gorda Airport following an airline crew report of a disruptive intoxicated passenger three legal frameworks govern everything that follows Florida's disorderly intoxication statute the stop and identify doctrine and the FAA reporting obligation under Florida Statue Section 8 56.011 disorderly intoxication requires two elements the person was intoxicated and either caused a public disturbance or endangered the safety of another airline crew had already reported both elements before the officer arrived that report alone established reasonable articulable suspicion under Terry v Ohio listen I'm going to arrest you if you don't give me your ID you have no right no right yes actually you know what drunk my son what drunk and disorderly well that would be from Elijah wouldn't it listen I don't care I didn't give you the drinks I'm not drunk Marcy give him no give him your ID give me your ID Marcy just give me your ID and we'll go home let's go come on you go no I'm not this all started because of you there's nothing to do listen it did listen this doesn't have to be that hard I just need your information exactly right are you her what's her name Marcy spell her first name no m a R C y what hey go would you stop it no stop arrest me I mean I welcome it I mean don't touch me I welcome it do not touch me you know why I welcome it cause I have it all on video OK what's her first name Marcy spell it m a R C y ma'am stop it stop you know what I've been waiting for stop five hours to have a cigarette stop arrest me stop arrest me Marcy stop it no as soon as we get it all started from as soon hey from me what your mouth as soon as we get what ma'am as soon as we get this over with you'll be able to go get your stuff and you'll be able to leave go home Marcy I don't even care give me your ID no sir I'm not just because you know what how's that a legend what's the legend over served his that's fine all night that's fine that's fine that's fine his do you do you live in Florida no no Michigan okay need to identify her and I'm not gonna let her go no ID no give her ID we'll go for what would you please give her her yelling tell me for what 300 central copy name would you just give her no ID for what go for what give her the ID hey stop stop I would like to know stop what I did last name Marcy come here Marcy ma'am I'm gonna have a cigarette ma'am I'm gonna have a cigarette or you can arrest me right now come over there right now just give me your ID your last chance right now Marcy you have no right Marcy to be doing this yes yes you do what did I tell me you're not identifying yourself you're not identifying yourself no you tell me why give me your g*ddamn ID or shut up the subject's core legal argument that the officer had no right to demand identification was incorrect from the moment it was asserted in Hiibel versus the 6th Judicial District Court the Supreme Court held that a state may constitutionally require a detainee to provide her name during a valid Terry stop without implicating the Fifth Amendment because providing a name is not testimonial Florida's stop and identify framework satisfies that constitutional standard the FAA reporting obligation created an independent duty that made release impossible without identification regardless of the subject's cooperation every minute of refusal that followed the first lawful identification demand increased and the subject's legal exposure without providing any corresponding legal benefit she entered the encounter facing one misdemeanor she exited facing two the second charge resisting an officer without violence under Florida Statute section 8 43.02 requires four elements the defendant resisted or obstructed an officer the officer was engaged in a lawful duty the defendant acted knowingly and willfully and the officer was legally authorized to act Florida courts have held that tensing arms during handcuffing and physically pulling away during escort qualify as obstruction under this statute the subject's conduct during the corridor transit satisfied those elements however the resisting charge carries a critical legal vulnerability section 8 43.02 requires that the officer be engaged in the lawful execution of a legal duty if the underlying arrest is unlawful the resistance charge cannot stand lawfulness of the officer's action is an element not background noise under Graham versus Conner the grip escort technique employed one hand at the wrist one at the upper arm is evaluated against objective reasonableness at the moment of application a non combative but actively pulling subject justifies soft empty hand control the force level did not exceed the minimum necessary one moment requires specific attention at approximately 4 minutes 50 seconds the sergeant directed the subject to give me your g*ddamn ID this language is not unlawful but it violates contemporary de escalation doctrine and contradicts the professional verbal standard expected of a supervising sergeant go home stand by tell me why I have to cause I just ordered you to that's why why did the plane mercy one last chance one last mercy look at me Marcy come here take me in leave her be leave her be OK good take her in that I give me your ID no take me in you have no right OK put your stuff down you have no right put your stuff down turn around that's her turn around good deal Marcy you're an as**hole you're under arrest yup you didn't even tell me what the problem was I I explained to you no you didn't no you didn't you never said what the problem was they're complaining that you're drunk and disorderly oh well they served me okay I get that they served you I hope you're happy 300 Central I'm gonna have a white female under arrest yep here at the airport can you have a unit meet me here now can I have a cigarette no can't afford no come on you little man syndrome is that what it is what we're going through the airport little man syndrome let's go oh let's show it off whoo because they overserved me on allegiance and I get arrested cause they overserved me on allegiance now you wanna arrest me I just got off the g*ddamn plane how does that look for allegiance real nice you're p*ssing me off don't you squeeze my arm like that stop don't stop don't you stop oh the bruises that will be there let go of me let stop stop let go of me you're being a son of a b*tch 4:02 down the airport 304 0 2 I'm by my office I'm trying to bring her through there she's causing a scene I'm causing a scene yeah my wrist are being bruised my arm is being bruised stop stop you are under arrest now you're resisting you are resisting how am I resisting because you are fighting how am I fighting you you're fighting I'm right here against the door so why are you arresting me am I not right here against the f*cking door stop how am I resisting stop stop how am I resistant relax relax being a little man relax think about your wife relax think about your children relax all I did was come here for vacation well yeah well unfortunately you're gonna be doing your first part of the vacation in our jail yeah of course because you're a little man can't wait to get in front of that judge cause my phone is still f*cking recording that's fine and the bruises that's fine the bruises there's no bruises oh there will be in the morning oh really you really have to hold me like that yes really you're pulling away I don't and your hands are behind your back I don't want you to to fall oh to fall as you hold me like that yes you wait till those open the door so we can go through that way you wait I got you got a card yeah wait for those bruises she's extremely intoxicated yeah actually I'm not I'm not gonna be alone with him you're who's sick no I'm not you're gonna go in here I'm not gonna be alone we're just going through here ma'am I'm not being alone with you in a room yeah we just trust you I just need her transported and yeah we'll take care of it I don't even know her name yet don't she refuse to handle come on let's go let's go let's go you're being under you're under arrest for disorderly intoxication from what and resisting from what the airplane yes after they served me yes ma'am I get I get that they served you no if that's your car I get no I'm not going alone with you you're not going with me I'm not going with him you're gonna go with me you're going with him okay all right I have not searched her right over here the subject invoked her right to an attorney during the identification exchange that invocation was premature in this context Hebble is explicit providing a name does not require self incrimination the attorney invocation does not suspend the identification obligation during a valid investigative detention the subject's argument that airline over service mitigates culpability is morally coherent but legally irrelevant Florida Statute Section 8 56.011 and contains no exception for airline induced intoxication the fact of service does not negate either the intoxication element or the disturbance element Florida law expressly authorizes an officer to transport an intoxicated person to their home or a health facility as an alternative to arrest under Section 8 56.011 that discretionary option was available and appropriate given the circumstances continued refusal to cooperate removed it from the table the warrantless search of the subject's bag was conducted incident to a lawful arrest under United States versus Robinson a search incident to a lawful custodial arrest requires no additional justification the authority extends to the entire bag not merely the purpose of finding identification the subject's repeated references to phone recording and bruising documentation reflect a legally sound instinct recording police activity in public spaces is protected under the First Amendment contemporaneous documentation create a record relevant to any subsequent civil claim under 42 United States Code Section 1983 oh search me I said I haven't searched you hey where's the cops can I ask you real quick do you have anything on your person anything in your pocket do you mind if I put this down the no I don't want my sh*t in there I'm not putting it back there I'm going through your stuff to get your ID no no you said you have no right I want an attorney no I request an attorney you have no have a seat hang on this is wrong sit ma'am you have no right to go through my I said get in the car are you no oh Jesus you're an as**hole you wanna loosen these a little bit sit back f*ck you so she was drunk on the plane she was drunk on the plane causing a disturbance to the point where they wanted me to escort off escorted her off and then she just starts getting belligerent refused to identify herself they you know require a report for FAA and she's just I'm gonna start smoking out here and she's just the whole time yeah so it's the last thing I wanna do at the end of my detail yeah this is all her crap I'm trying to find her ID Sergeant Marsh receives a B minus the probable cause basis was sound six plus minutes of verbal patience before arrest reflects genuine de escalation effort requesting a female officer for transport and explicitly noting the search had not occurred both demonstrate procedural awareness above the baseline the profanity at 4 minutes 50 seconds is documented unnecessary and costly a sergeant commands composure under provocation that is the standard it was not met the subject receives a C plus credit for not physically assaulting the officer for invoking attorney rights and for maintaining a documentation record no credit for a six minute identification refusal based on a legally incorrect premise that doubled her charge exposure and for physical resistance during escort that provided the predicate for the second charge the Charlotte County Sheriff's Office receives a B coordinated Airport Response Protocol female officer availability and FAA integration reflect institutional preparedness beyond minimum requirements the verbal de escalation training gap visible under extended provocation prevents a higher grade three lessons from this encounter second alternative dispositions exist and should be used Florida law permits transporting an intoxicated person to their home or a health facility instead of arresting them that option should be the default consideration for a first time non violent intoxicated subject especially one whose intoxication was documented as airline facilitated third verbal composure is evidence everything a law enforcement officer says on body cam becomes a trial exhibit a single documented profanity from a supervising officer however understandable weakens the prosecution's case strengthens civil exposure and undermines the professional credibility of every correct decision made before it let us know if there is an interaction or legal topic that 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 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