what's going on because I know how this goes every time okay so wherever I go this always happens I show up I don't have enough money for something right that's the first step reason I'm recording everything is because I know how this goes so all I gotta do is just keep telling the truth that's it unless you're gonna take me to jail for telling the truth then go ahead but remember on July 5th, 2022 NASA County Sheriff's Office deputies responded to a hotel following a trespass complaint the legal questions raised here are fundamental when does a civil dispute become a criminal one and what authority does private property law grant under Florida Statute Section 810.09 a person commits trespass when they willfully remain on property after notice to depart has been given by an authorized representative the statute requires no written warning no posted sign a direct verbal communication is legally sufficient this is the critical threshold the moment hotel management withdrew consent for the subject to remain on the premises his continued presence transitioned from a civil matter into a criminal offense under Florida law regardless of his reasons for staying the subject's claim of an investigative purpose related to an Amber Alert carries no legal weight here Florida courts have consistently held that a visitor's subjective belief in the importance their mission does not override a property owner's authority to withdraw consent Joe Cole what's going on it's a 26 you go ahead and come out buddy I promise I'm not afraid I promise buddy I promise alright Steven buddy you good I just gotta put you on camera this is where everything is weird my parents called the cops on me today I can verify everything only reason anything is scattered is for food because I know how this goes every time okay so wherever I go this always happens I show up I don't have enough money for something right that's the first step reason I'm recording everything is because I know how this goes it just happened to me three officers showed up to my house and I had to walk them through everything very strategically to let them know that wasn't a threat so before I begin what would you guys whether you wanna say it or you wanna say it what would you have me do to prove that that way we can get past this so I can pay that tab that I'm incapable of paying which is the only reason I'm still here the only reason literally cause you can ask Joe right now to your left if there was any other reason why I was here I would still be here but the only reason I'm here is because I'm incapable of doing that task oh you thought you won right cause you called the cops yeah wrong what do we got cause nothing I said was a lie so all I gotta do is just keep telling the truth that's it unless you're gonna take me to jail for telling the truth then go ahead but remember so you ain't got enough money to pay your tab oh I got plenty of money to pay my tab ask him how much money I told him I got why can't you pay it you want a real answer or a fake answer cause I can tell right now you're not shooting straight remember think about it think about it for half a second before you really think think if you had one question to ask and you weren't trying to play a game and you really wanted to know who I am and how much money I really had so think about it where are we where are we and nobody got to play dumb about that where we at everybody playing dumb right now so I'm gonna get everybody playing dumb on camera where are we where we at Joe where we at Joe say quick watch this what hotel are we at Joe Joe alright man I just want you to pay your tab and get out of here alright before they try to start take me to jail because that's what they're gonna do you know where what hotel right you work here right what what hotel I need you to say it verbally please it's not hard bro don't be like him don't be like him don't be like him you know where we at bro you know where we at bro why won't you say it but I need it for this though they don't know where we at remember everything I record just in case something goes south very quickly if I ask you a question which I'm gonna ask in a couple seconds what establishment are we at what would you say not that hard bro you thinking way too hard you know what I mean so you're saying you're not gonna be able to pay that's not what I'm saying that's not what I said at all remember so I know how y'all operate I know how y'all operate and you're not willing to pay that's fine what I said that's not what I said The First Amendment protects the subject's right to record in a semi public space Florida is a one party consent state and documenting a police encounter is constitutionally protected however the right to record does not create a right to remain on private property after lawful notice to leave these are two distinct legal issues officers cannot lawfully arrest someone for recording but they can and must enforce a valid trespass complaint independent of whether the subject is holding a camera conflating the two is a common and costly error when the deputy formally directed the subject to vacate that directive carried dual legal authority it represented both the property owner's withdrawal of consent and a lawful order from law enforcement refusal to comply at that point satisfied every element of Florida Statute Section 810.09 the subject's conditional offer to leave contingent on his own terms and filming schedule does not constitute legal compliance courts have held that compliance with a lawful order must be immediate and unconditional a qualified agreement to leave is a refusal the subject also made numerous voluntary self incriminating statements acknowledging inability to pay prior police encounters and awareness of how trespass situations typically unfold without ever invoking his Fifth Amendment right to silence this is worth noting for its instructive value the Fifth Amendment right to silence is absolute at the pre arrest stage anything a subject says voluntarily can be used to establish the elements of an offence exercising that right costs nothing and preserves everything once the subject refused the final order to vacate the arrest was constitutionally authorized under Graham versus Conner 490 United States 3 86 1989 force is evaluated by what a reasonable officer knew at the moment of the decision the subject was non violent but passively resistant over an extended period the deputy's use of soft empty hand control the lowest tier of the force continuum above verbal commands was proportionate to that level of resistance no gram violation occurred here they are they are telling us that we start the treatment like you to be trusted start the treatment how do I how do I leave this place I'm going to tell I'm going to ask you politely now will you leave the property absolutely let's go fair enough how am I leaving though I'm just walking you out the exit are you touching me I don't why would I touch you because this happens a lot I asked a very specific question to touch you man yeah that's what they say let's leave what's up you gonna touch me no so I've already asked you to leave now I'm I'm telling you to leave oh no that's not how this game goes promise it doesn't I've already asked you politely now I'm telling you to leave I'm going to leave now that I told you to leave alright so if that was the game and I needed to play it I will stop recording okay and I'll follow you remember I stop recording I stop recording bro alright put your hands behind your back because I stop recording you're gonna put your hands behind your back this is crazy bro this is how it happens bro every time bro I got Alexis outside that's outstanding that's not a flex though I'm just saying bro it's a lot of money in that car and I literally I I recorded and now on the phone that you're trying to take is proof so now you gonna hide that phone I'll set it right there but somebody else is gonna make sure that that phone doesn't get activated I'm sure of it but guess what remember I've been recording everything so right now as is this all your stuff no it's not but so I don't know so please I'm gonna go out there and find the place that's all we need I don't know what is this I don't know what is this not really much we can do about that no we don't care I don't care about the cat but don't threaten me like literally how did he threaten you he was just like talking and I'm like what are you do I even know you what are you talking about I'm like did I have a conversation with you he's like uh you know who I am you're gonna find out who I am whatever he kept saying like I'm gonna make one call I'm gonna make one call and get your job I'm like how do you even talk I don't even know who you are I won't worry about that he's a cuckoo bird he's been in here before though has he yeah he's been he was in here what like three I wanna say two or three weeks ago and we were all trying to walk up the bar and then he went and sat with these girls and lost a bunch and had them on film they were like hey is that guy messing with those was this his yes OK and then that's yours yes bro that was crazy so did he actually make any like physical threats of harm anything like that or just saying he had your job and all I don't know what he said all I know is he kept saying her so I was like are you talking about me and he was like yeah I'm like do we have a conversation cause I don't know who you are I don't know anything about you who's like security or someone that we can have as a complainant for trespassing all David David David you went out there with him OK all right well hopefully I don't have any more issues with him I'll take care of it thank you I was recording that's his problem not mine I don't know how to do it are we gonna like set fast after 1 so yes set fast after one alright you got the driver's license on you yeah that's his property as well yeah that's all the stuff that he had in there Robert 3 0 1 8 2 4 77 you gonna take him or you want me to no he's in my car I'll take him alright what's this him oh I'll get your license for you one second alright what's the story uh he got an Amber Alert and was coming here to do investigative work and then I came here and apparently arrested him for no reason how it usually goes after how long were you guys speaking with him before we got here probably about five minutes ago I tried I tried to calm him down just get inside listen you say you're gonna make a phone call to pay your tab alright let's do this let's go so you can leave I don't want any of this to be going on but he just kept playing games so I'm like I'm done so I had my office call you well I advised them you guys wanted them trespass told them you need to leave they said no or ask them to leave politely they don't have to do it I was trying to be nice they didn't want to do it told them to leave they still didn't want to do it so we're all we're all good um you got your information it's added to the call it's added OK um so you're gonna need to be planning everywhere OK I'm not gonna add your personal phone number I'll add the number that all suspects are innocent until proven guilty thank you for watching now for the grades the subject receives a C plus he correctly exercised his recording rights and did not physically resist arrest however his decision to remain on private property after repeated lawful orders and his conditional deflective responses created the criminal exposure entirely through his own choices hotel staff received a B minus staff provided consistent accounts identified a complainant and appropriately escalated to law enforcement the deduction reflects the missed opportunity to issue a clear documented trespass warning before deputies arrived which would have strengthened the case and shortened the encounter lessons from this encounter first verbal notice satisfies Florida's trespass statute officers and property managers do not need to wait for physical confrontation before a trespass charge becomes legally viable second conditional compliance is non compliance a subject who says they will leave on their own terms has legally refused documenting that refusal clearly on body cam it is critical before initiating arrest third the right to record and the obligation to leave are independent issues officers must never treat recording as grounds for escalation but equally recording activity does not suspend the enforcement of an otherwise valid trespass order fourth seek your complainant early in Florida trespass enforcement requires a willing property representative identifying that person before the subject is in handcuffs prevents the charge from collapsing on procedural grounds 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 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