I was I was with a ghetto and she just dumped me what's that I was with a ghetto and she just dumped me my brother is gonna die the next few hours I'll tell you I'll tell you and I'll k*ll him and I'll k*ll you how you doing how you doing today yeah I'm good yeah look like you had a little bit too much huh yeah yeah yeah I can tell so how you doing today man what's your name um Gavin Gavin okay Gavin I'm Gabriel okay are you traveling by yourself today you are okay yeah uh I was um I was I was with a ghetto and she just dumped me what's that I was with a ghetto and she just dumped me and I've stop this right now it's okay it's okay man it happens okay I'm a never ever miss it's okay it's okay look I appreciate it's okay look let me tell you something okay my thing right now relax calm down calm down hey relax my my thing right now is your well being okay that's all I care about about you being okay that is it alright I understand you have a bit too much to drink I can definitely tell I can smell from your person I can see in your eyes right I can see in your demeanor but what concerns me is that you actually went to a female's restroom right somebody saw you going to a female's restroom when you came out of the female's restroom I get it maybe you're laughing intoxication you just wanna go to the restroom you're not paying attention to signs right but my thing is again you traveling by yourself I'm not a bad guy I'm not seeing why it's okay you're not you're not look it's okay look let me tell you something okay you're going through some pain right now right your girlfriend broke up with you and I understand it's okay I've been in your shoes man you know what I did I had a couple drinks too and that's okay alright but the thing is right now is you know my concern is leaving you on this day by yourself it's not gonna be any good for you because somebody can take advantage of you somebody can rob you okay do you have your ID on you by any chance where's your ID at your passport how about your boarding pass where you um where are you flying to Glasgow where Glasgow in Scotland oh Scotland you going for vacation or what no I'm going home I've been walking here for three months oh three months OK you miss home yeah OK come home and see my little ghetto OK OK alright but look let me tell you something OK right I'm not gonna sit here and um and and and bullsh*t you okay I'm just gonna be real with you okay I'm gonna take you with me you're gonna go to a holding facility okay when you sober up no hear me out it's not hold on hold on hold on it's okay look it's just so you can sleep it off okay hey my man can you go that way please go that way it's just so you can sleep it off okay so what's up hey hear me out hear me out hear me out hear me out okay you being public intoxication okay alright all you're gonna do is they're gonna have look at this what if you get hungry if you get hungry you're gonna have they have food that way you can eat real quick which will help you sober up okay what time is your flight my flight is 6:27 when it was 6:27 okay but what time is your flight 6:27 6:27 so you missed your flight right so okay once you sober up once just hear me out hear me out okay once you sober up okay you come over here rebook your flight they don't need to know what happened okay alright send that for me real quick boss send that for me please OK send that for me please don't hurt me I'm not gonna hurt you I'm not gonna hurt you you just gonna go so we need to take you so you can sleep it off OK listen you're gonna be released listen you're gonna be released you're gonna be released in about four hours okay they're gonna let you right back out all right why are you we're not gonna hurt you why are you tripping I promise man listen listen you're being arrested for public intoxication it's just like I don't know how long you've been here in the state but it's just like a speed ticket okay it's a classic misdemeanor you can get it removed from your record okay and I'll hold you said that you don't have to make bail you'll be released in about three to four hours so for sure I'm gonna go to the bar you have too much to drink you have too much to drink your level of intoxication allowed you to go in the women's restroom so you can't you can't you can't think of it I walked out I said I'm sorry let's let's try it walking towards my car bro where you parked let's just go this way we're gonna go this way oh my god my right do you have any bags or anything do you have any bags or anything with you let's go we figured that out when we get there come on where you have where your belongings at bro do you have any where your belongings at bro do you have any belongings with you phone anything like that at all no why don't we go and get the bad guy the real bad guys what have I actually done you are you I've done something bad let's go here brother we're gonna go here we're gonna search but I've ever hurt you but I've ever hurt you no alright but I've ever hurt her no no no no hang that for me OK hang that for me so go and get the bad guys chill relax don't hurt me come on look at that that's against the law that's against the law okay so here I'm a good person listen I'm a good person that's against the law I think you are I am better I think you are I'm not I think you're a great person alright so we have search a couple times okay as per policy okay have search when we get there I'm not a bad guy I know I got it I know I got it I'm not a bad guy man I know I know I can't get home because of you you're going home tomorrow my brother is gonna die the next few hours you still even care you still even care listen put your left leg all the way in alright put your left leg out hey get there I'm gonna hey you either get in there I'm gonna pick you up and put you there alright do you want any stuff miss hey hey Gavin get in the car miss OK hmm hold on I I'm gonna go like that the pressure go you wanna you wanna try you wanna resist it try huh try relax try me relax I'm telling you me you're lucky I'm left handed Kevin Wood never beat me is that the best you've got is that the best you've got I'll tell you I'll tell you and I'll k*ll him and I'll k*ll you hey hey hey hey don't you wanna go home get me in the car hey wait hold on you wanna go home right now get me in the car hold on you get me in the car you wanna fly you wanna fly home no my brother's dying OK I'm sorry about your brother my brother listen to me he's dying OK I'm sorry about that and you're so just too giving a sh*t I do I listen you're throwing me in the car cause I'm a piece of sh*t in order for you to fly I have to get there you won't beat me you won't beat me I'm not trying to beat you but I'm not trying to beat you you won't beat me help you okay I'm trying to help you that is it calm down don't beat me I'm not trying to beat you I'm not gonna do that I'm just trying to take you there so don't beat me relax okay okay that is it okay when I take you there you sober up we get you back in your hands off me that kid because I swear I'll break your nose okay then do me a favor just get in here for me okay tell him to get his horse he will he will okay he got he got off okay can just get in here for me so we can help you okay just get in here so we can help you okay I promise look I'm not here to hurt you I'm sorry about your brother I am sorry about your brother okay all I want to do is help you man I can say I know how you feel but hey the faster we get to there I get this cuffs off you you get some water in your system why do you want to help me bro I don't want to I know I know look you know what happens if I don't take you and something bad happens to you I get in trouble something bad happens to me I'm watching out for you OK just like if I was in your shoes I would want you to take me somewhere safe and that's what I'm doing for you right now can you trust me I'm sorry it's okay so just get in here for me I'm sorry it's okay I'm sorry it's okay okay it's alright just get in here for me okay we'll get that we'll take the cuffs off you okay put your left leg up first okay I don't want you getting hurt be careful okay right there there you go watch your step okay alright perfect as soon as we get there i'mma take this cuffs off of you okay it's okay relax okay we're gonna help you okay I'm sorry about your brother all right I'll be praying for your brother be praying for you too okay being four hours you gonna be sober up you gonna be able to fly back home okay all right you know you know you're gonna k*ll me no just so you can relax okay I'm gonna help you out I know you look you are a good dude just having a hard time I'm not here to judge you do you understand I'm sorry it's okay i'mma look i'mma tell the jail you be look I'm gonna do I know just don't sorry it's okay just don't force it because it's gonna hurt you I don't wanna get hurt the jail is three minutes away from here we get there okay just go through the process there's a first uh you're gonna be by yourself in a holding cell by yourself and so and then they have a little machine where you blow on it okay in about four hours you blow on it as long as you're cooperative they release you man we're gonna make your flight so you can see your family okay cool I'm sorry I'm sorry it's okay where are you going now you're good you're not gonna be in trouble I think I got everything I guess I'm gonna rest in I guess take it bro okay brother as soon as we get here we're gonna get these cuffs off you okay they're gonna have you do a couple things ask you a couple questions we're gonna get these cuffs off of you okay and then about four hours man they're gonna check make sure you're good as soon as you sober up bro we're gonna continue travels okay we're here to help you I promise okay I'm not here to hurt you okay OK I have a question for you what's your phone number can I have it please just for no phone number you don't provide your phone number you don't have to what is uh do you have do you know your mailing address or work email huh OK relax I'm gonna k*ll you relax I swear on my life I'm gonna get you 7:42 k*lled me for nothing you've made me I need your help I'm dying I need your help okay no you don't even care about me I hate you I hate you bring it on don't don't bring bring it on you're ready i'mma take him out he's acting like a fool right now he was fine now he's get your hands off me I don't wanna get in her way get your hands off me on on hey Dave hey calm it down you want to chair yeah okay I don't take sh*t either now you're gonna calm down you understand me hey you understand me what I'm not gonna put up with your crap I'm from Glasgow I don't take sh*t okay I don't take sh*t I'm telling you I'm going hunting help me get inside calm down help me keep this it's flushing in the cup ah you want to see her jackass around on December 12th, 2022 Dallas Fort Worth Airport police responded to a welfare call at DFW International Airport in Texas the footage raises four legal questions the threshold for public intoxication detention the moment a welfare check becomes a Fourth Amendment seizure Miranda obligations in custodial questioning and proportionality of force against a non violent subject Texas Alcoholic Beverage Code Section 49.02 defines public intoxication as appearing in a public place while intoxicated to the degree of endangering oneself or another the statute does not simply criminalize being drunk in public it requires a documented endangerment risk here the officer articulates odor of alcohol visual impairment indicators and entry into the wrong restroom at a major international airport those observations satisfy the endangerment threshold a disoriented intoxicated person alone in a high traffic public terminal is a foreseeable harm risk under the Fourth Amendment a person is seized when a reasonable person would not feel free to decline the encounter or walk away The Supreme Court established this standard in Florida versus Bostic in 1991 it applies to airport encounters not just traffic stops the initial contact here is consensual no commands no restraint no restriction of movement at that stage no seizure has occurred the legal threshold is crossed at the two minute 43 second Mark when the officer states I'm gonna take you with me you're gonna go to a holding facility that statement constitutes unambiguous custodial intent from that moment no reasonable person would believe they were free to leave the Fourth Amendment seizure is now in effect the constitutionality of the detention depends entirely on whether the endangerment standard is met based on the officer's documented observations that standard appears satisfied the detention is lawful at its inception following the arrest announcement the officer asks the subject for a phone number and email address no Miranda warning precedes these questions Miranda versus Arizona decided in 1966 requires that before custodial interrogation a subject must be advised of the right to remain silent and the right to counsel the critical trigger is Custody plus Interrogation custody attached at 2:43 interrogation followed immediately the department may argue these were routine booking questions which courts have carved out from Miranda under Pennsylvania versus Muniz in 1990 however phone number and email address occupy a gray zone if prosecutors intended to use those answers suppression would be the likely remedy the subject declined to provide the information a legally sound exercise of the Fifth Amendment rights under significant emotional duress that refusal insulates him from downstream consequences the absence of a Miranda warning on camera nonetheless remains a procedural failure there is a second procedural obligation that does not appear to have been met the subject is a foreign national a Scottish citizen Article 36 of the Vienna Convention on Consular Relations requires that upon arrest or detention foreign nationals must be informed without delay of their right to have their country's consulate notified The United Kingdom is a signatory The United States is a signatory this obligation is treaty based and mandatory not discretionary no consular notification advisement is audible in 12 minutes of footage The International Court of justice addressed this obligation in La Grande versus Germany in 2001 affirming that Article 36 creates individual rights enforceable under international law for airport law enforcement agencies that regularly process international travelers this advisement should be embedded in standard arrest protocol when the subject physically resists vehicle entry the use of force analysis is governed by Graham versus Conner decided by the Supreme Court in 1989 gram establishes three factors the severity of the underlying crime whether the subject poses an immediate threat and whether the subject is actively resisting the underlying offense is a Class C misdemeanor the lowest tier in Texas criminal law equivalent in severity to a traffic citation the subject does not appear to be armed he poses no lethal threat he is however actively and physically resisting a lawful custodial transport the officers respond with hard empty hand control manual techniques to compel vehicle entry without deployment of less lethal weapons no Taser no OC spray no impact instrument under the use of force continuum this response is proportionate to active nonlethal resistance the force applied is calibrated to the objective securing the subject in the vehicle and does not appear to continue beyond what is necessary to achieve that objective under Graham that is the standard not what an ideal officer might do but what a reasonable officer on the scene facing the same facts would do the physical force used here falls within that standard given active resistance from a subject who has made verbal threats the subject's verbal statements during resistance warrant separate analysis he states he will break an officer's nose a direct threat to a law enforcement officer under Texas Penal Code Section 22.01 threatening a public servant with bodily injury can constitute assault a Class a misdemeanor or higher more critically the subject's physical resistance constitutes resisting arrest under Texas Penal Code Section 38.03 a Class a misdemeanor the irony is significant the underlying detention is a Class C misdemeanor resisting it exposes the subject to a Class a charge a far more serious legal consequence whether additional charges were filed is unknown but the legal exposure from the resistance exceeds the exposure from the original offense by a substantial margin Texas Code of Criminal Procedure Article 14.0 31 governs protective custody for intoxicated individuals it authorizes a hold of up to four hours without bail without a court appearance subject to release upon sobriety the officer's advisement of this process is accurate the subject is entitled to be released upon passing a breath test within 4 hours no arraignment no bond no criminal court appearance is required for a Class C offense the officer's explanation of the process while empathetic in tone tracks the statute correctly and serves the subject's understanding of his legal situation Officer Gabriel receives a b the legal basis for detention is sound the use of force is proportionate the de escalation is sustained and genuine however post arrest questioning without a Miranda warning and the absence of a consular notification advisement are procedural failures that cannot be credited away these are not minor oversights Miranda and the Vienna Convention exist to protect specific categories of rights silence counsel and access to diplomatic assistance the officer's interpersonal conduct is exemplary his procedural compliance in the custodial phase is incomplete the subject receives a B+ he correctly invokes Fifth Amendment protections by declining to provide personal information when asked without a rights advisement he does not physically assault officers despite verbal threats and he ultimately complies preventing a more serious use of force escalation the deduction stems from the physical resistance itself resisting a lawful Class C arrest with Class a conduct is a legally irrational trade the appropriate response to a disputed but lawful arrest is compliance followed by legal challenge not physical resistance at the scene The Dallas Fort Worth Airport Police Department receives a B minus the primary officer's conduct partially reflects strong training but the Miranda gap the absent consular notification and the tonal inconsistency between officers in the transport phase indicate systemic gaps an airport that processes millions of international travelers annually is precisely the environment where Vienna Convention compliance should be trained to automaticity the department's body cam transparency is commendable its procedural training on foreign national rights requires remediation this encounter isolates three lessons applicable beyond this specific case first the moment a welfare check becomes a custodial arrest is not the moment handcuffs are applied it is the moment a reasonable person would no longer feel free to leave officers must recognize that threshold in real time because Miranda and Fourth Amendment protections attach at that point not at booking second foreign nationals have treaty based rights that exist independently of domestic Miranda law Vienna Convention Article 36 is not optional it is binding international obligation airport law enforcement federal detention facilities and border agencies bear a heightened duty to train for and deliver this advisement without exception third for subjects the legal calculus of resisting a minor charge is almost always negative compliance preserves legal options resistance forfeits them the remedy for an unlawful arrest is a suppression motion a civil claim under 42 United States Code Section 1983 or a complaint not physical confrontation courts exist to correct unlawful police conduct they cannot correct the legal damage created by resisting arrest on camera let us know if there is an interaction or legal topic you would like us to cover in the comments below thank you for watching and don't forget to subscribe to our channel for more content on police court interactions