he's a close talker holy my yeah he's getting way too close to everybody and way too what way too close with everybody's faces so oh he's drunk that's what drunk people do I'm not driving whatsoever okay I would drive exactly that's why we're sorry because you don't need to drive on November 23rd, 2021 Orlando police responded to Universal Studios Florida for a reported trespass complaint the footage raises three distinct legal questions trespass authority on private property DUI prevention without a vehicle stop and the lawfulness of the eventual custodial arrest Universal Studios Florida is private property under Florida Statute Section 8 10.09 the lawful owner or authorized agent may demand that any individual leave the premises once that demand is made and the individual departs any subsequent return constitutes trespass after warning a first degree misdemeanor carrying up to one year in jail and a 500 dollar fine law enforcement officers acting at the request of property management possess full statutory authority to enforce that warning and to arrest any individual who returns can you show me 51 to 67 I'll go what's that he's good yeah for now he's a close talker holy my yeah he's getting way too close to everybody and way too what way too close with everybody's faces so oh he's drunk that's what drunk people do excuse us is there anything about my class no there's nothing so I've already been there leaving so I'm gonna first thing I found was an 85 Kia OK we'll hang out for you then I guess I'm just waiting for pizza right now I'm kind of hungry where's the where's the Richard Richard Barney where's the Richard Barney we're outside we're from China I'm the only one that's from America are they are they catfish I do not want problems with you guys no no no so they have they're in the VIP parking VIP parking yeah they already have our vehicles no no I'm they're waiting for me I don't want any problems I was born in America I was born in America I have no problems with you guys I have no problems with you guys have a great night have a great night where's your friends at yeah my my my my my friends are in Jaws 3:12 is that where you're going Josh 3:12 is that how you're getting off property yeah I'm gonna get off of property relax listen I'm I'm very communicative I'm gonna get off Jaws 3 twelve I'm on Uber I'm not driving whatsoever okay so you just said two different things so let me make sure I'm tracking I'm on Jaws 3 12 if you're at Jaws 3 twelve that's not where Uber is so are you leaving in an Uber are you leaving in your car with your family I'm not driving whatsoever so you mean are you meeting someone at at jaws 3:12 or are you going to Uber I'll tell you what I mean bro Jaws 3:14 that's where I'm meeting that's where your friends are at yes and that's that's how you're getting home that's where I'm going awesome let's go Jaws 3:14 it's straight this way with you yeah I'm gonna escort you no I'm not going with you well you don't have much of an option you're on private property so we're just gonna fall behind it's not a big deal man that's fine we're just gonna fall behind you that's not like I gotta hold your hand or anything just walk that way and we'll see you there I turn back on for this guy oh no and it won't fit round hole square peg through the hole dude he threw at least half at least half how tough are those boots they're pretty crazy right like so uh if things get a little bit more confusing about how it's getting out of here are you willing to ask you for trust that's a warning I don't think it will go that way but I like to to at least know where I'm at it may go that way what's up my friend yes I'm going my car right now are you guys is there a sober driver to drive your car yeah my my my that's my problem here are you guys gonna follow me all the way yeah to make sure you don't drive for that exact so what if I don't drive then you're gonna go to Uber so what if I don't get this well so we have two different things alright so here here's how it's gonna go one you gotta you gotta let me finish hey let me talk alright so you're you're too intoxicated to drive alright so that's not happening that's off the table you also have to leave the property because the management here no longer wants you to stay alright so you have to leave the property and you have to do it with you not driving so that leaves Ubers and taxi cabs luckily for us they're located in the same location so we're gonna go up to Uber's not your car we're gonna go to the Uber and you can Uber or get a cab off property or you can walk off property but I highly suggest you take the Uber cab I don't care how you get off property but you do have to get off property I do care if you drive I understand that but my thing is I will get off property are you gonna follow me all the way there yeah we have to why that's the whole reason why I hired us to be here so to make sure you don't drive a car right now because you're intoxicated and that's why it works it's a trust and verify thing I trust you to do the right thing and go up to Uber and I'm gonna verify it by following well I can't go anywhere now if you're gonna go 10 eight 10 eight homicidal terrorist yeah no we're gonna go to Uber and that way we get an Uber off property we can totally get there super easy see you guys it's super easy see all the new signer to they put up very nice by the way sir this garage hey we're just we're just pulling in my man you just gotta go that way is the Uber though this guy has actually the same exact mentality as the guy I arrested this past week at the airport yeah yeah where he's like super supportive of law enforcement but then like he is like not cooperative at all and not only that but he I mean he pushed a gate agent which is great that'll get to arrested so we're just gonna follow you to Uber my man my car you're gonna follow me no we're not going to your car I live in f*cking revolution I'm not talking to whoever you have on the phone they said they're gonna keep following me my friend we're just gonna go up to Uber you can't drive we're not driving that's off the table I'm not driving okay then you're you say you wanna get an Uber so why are you guys following me to make sure you get over I would drive exactly that's why we're sorry because you don't need to drive the initial contact between officers and the subject qualifies as a consensual encounter under Florida versus Bostic decided by the Supreme Court in 1991 a consensual encounter does not constitute a Fourth Amendment seizure so long as a reasonable person would feel free to terminate the interaction and leave that threshold shifted once officers informed the subject he was subject to arrest if he remained on property at that point the encounter crossed into an investigative detention requiring reasonable suspicion under Terry versus Ohio the subject's visible disorientation abnormal proximity to other guests and difficulty providing a consistent exit plan constitute specific articulable facts satisfying the Terry reasonable suspicion standard reasonable suspicion does not require probable cause it requires only that officers can point to objective observable conduct that supports a particularized and reasonable inference of criminal activity the subject's voluntary statement I would drive is the single most legally significant moment in this footage that statement was not made in response to custodial interrogation it was spontaneous and unprompted under Miranda versus Arizona the protections of the Fifth Amendment attach only to custodial interrogation not to voluntary admissions combined with officers direct observations of the subject's intoxication that admission established probable cause for a DUI arrest under Florida Statute section 3 16.193 which prohibits operating a vehicle while impaired to the extent normal faculties are affected officers were not required to wait for the subject to enter his vehicle before taking preventive action Florida law does not condition DUI authority on the initiation of vehicle operation I'm gonna leave property but the guy f*cking out how the people you can't leave to drive drunk all right you can't commit a crime to leave I'm going to Rachel's I'm going to Rachel's well you can get an Uber to Rachel's it's right down 5:28 hey if that's one you're going to talk to the manager right here and then talk to me sir sir you're putting me in a lot of work talk talk to the guy with the hat alright can I talk first you're saying I have to leave properly so I'm in like a like a lose lose situation you're saying so I'm saying like this OK cool so I'm not gonna leave property I'm gonna stay here but if you stay here you're subject to arrest OK so I'm gonna leave if you let me alone no no no no no you're gonna Uber you're not driving you're too drunk to drive I cannot allow you to drive drunk awesome they can do that upstairs we have to go upstairs right here on the escalator yes listen that you either get off property Uber your friend picks you up or at this point you're gonna go to jail just make sure you understand once you leave you can't come back tonight I don't wanna come back alright I just wanna cause if you come back I'll arrest you I'm pleading with you I know don't come back I know alright I completely understand my thing is I want to leave but you guys are not allowed we're not allowing you to drive your car we totally want you to leave that's yes we're all tracking on the same page just driving your car would be a crime follow me around until until you leave being Uber yes what's that or taxi cab where's the a Uber station it's not there it's uh it's stopped my friend alright my friend it is your choice you got the green zone the blue zone or the yellow cabs to your right my uncle said I can come get it okay how far is your uncle I don't know that's my thing oh I guess we're gonna it could be a whole lot easier if you guys just leave me the f*ck alone it would be easier but then that wouldn't be the right thing for me to do cause I'm a law enforcement officer and I got got a duty I understand that but I've never been in a place where you guys follow me around well you're on private property here I've been all types of private property well maybe the interaction went a little different well let me let you know I'm going to Rachel's I'm going to Rachel's and you're free to go to Rachel's you just can't stay just leave me alone I I once you get in a car to go to Rachel's I assure you I will not bother you the rest of the night I so you choose how you want to leave yeah I'm waiting to leave sir may I suggest you get an Uber or a cab a cab ride to Rachel's ain't that bad I'm waiting on somebody to pick me up right now but my problem is I don't wanna waste your time as an OPD officer and as an OPD officer you could do be doing way more beneficial things that we want to be sitting here waiting on sir me your as you can tell that this man manages a property here and their patience is running thin so it doesn't sound like they're gonna afford the time for however long it's gonna take for your friend to pick you up alright so what's gonna happen after that I you just get to an Uber and you go to Rachel's and enjoy the rest of your night yes if you stay I'll arrest you for trespassing after warning if you do I get a bond after that yeah if you wanna get arrested sure I could arrest you and you'll get a bond it'll be $500 or you get a Uber for a lesson he said it's gonna take him 30 minutes he's coming from Obito OK that's not an option then we're not gonna wait a half hour you have to get an Uber or a cab you can also walk yep I I take the escalator and I would hold on to the railing this is such a waste of your time and my time right it's not it's not a waste of my time it is no sir making sure you get home safe is my priority yeah but you're taking me away from my car yes because that would be fine I understand that part I appreciate that but where are they send me the signal fifteen sir bus loops this way I'll meet you at Rachel's I don't want an Uber what would an Uber to Rachel's be probably like 20 bucks it's about 16 $10 it's just right down you just go yeah he's going to Rachel's like you just go down five 28 and you're there five eight 28 you guys are from Orange County no Orlando are are you going to the Orlando Rachel's or the Castleberry Castleberry oh OK that's great International Drive you can go to International Drive or you can go down to this intersection make a right there's a hotel across I suggest International Drive'cause there's lots of places to hang out and the sidewalk leads you there when the subject returned to the property after receiving an explicit verbal trespass warning the completed offence of trespass after warning under Section 8 10.09 had been fully established under Atwater versus city of Lagovista decided in 2001 the Fourth Amendment permits a warrantless custodial arrest for a misdemeanor offense committed in the officer's presence the arrest here is constitutionally sound the subject's proximity to his personally owned vehicle added a concurrent and independent probable cause basis imminent operation of a motor vehicle while intoxicated further validating the arrest you guys aren't even caring about me like this is me caring about you this is preventing you from driving this is all run off into I four right we've asked you if you want to take an Uber we've asked you if you want to I want to I want to I have somebody come pick me up and the bridge takes you over I four sir I have somebody come pick me up alright so I so my thing is do not resist do not resist what am I doing I'm trying to get it off nope do not resist keep your hands back I'm not resisting at all trying to drive drunk just like we knew you would I'm not trying to drive drunk well yeah you are cause you're back on property my Uber is right there that's your personally owned vehicle sir no it's not first off 10 that sucks for you well you're bad at decision making no there's two golf balls no you didn't see what my Uber look look at my Uber sir we already know you had a Mercedes why do you think we're here why oh my God you're going to jail bro no I understand that but sorry I'm fine you're done you almost got to your car almost I'm not in the car though I know you came close it's a Mercedes that were right next to you no that's not my car is that what fell is that your glasses no that was I have a I have a pass oh it's my radio yeah I need to pee sorry dude you made bad decisions I know but do I need to pee I don't know I'm not here but that way was it the way the restrooms but I did not get an angle thing I could be I could do this dead weight thing too it's called an escort no one's applying any pressure point okay so stop with this angle thing please this is fine cars right there that's as far as you gotta go you guys are you guys really did not have to do this I had a girl driving listen we explicitly told you not to return to property last thing I said to you this thing is hot the last thing I said to you no this thing is hot this thing is hot was that includes the parking garages right what is the last thing I said where are you standing right now you guys like waited by my car right well we had a hunch so how did you know that car was my car like I said we had a hunch do you have his wallet first I got his I have $300 you have a wallet I don't have his wallet I have his I have a wallet that's all I got what's that right well I don't know f*cking car keys I'm not doing anything wrong all you had in your pocket was this stuff right here this is all you had in your pocket where's the phone where's the phone phone's in my pocket he's got the phone but this is all you had in your pockets where's the cash I don't know you don't have no cash that's all you had in your pocket and you've been all by the camera alright that's cool the physical escort and handcuffing are evaluated under the objective reasonableness standard of Graham versus Conner decided by the Supreme Court in 1989 gram requires courts to consider three factors the severity of the crime whether the subject poses an immediate threat and whether the subject is actively resisting here the offense is a first degree misdemeanor the subject presents no physical threat to officers his resistance is verbal and passive not assaultive the force applied a compliance escort followed by standard handcuffing falls within the soft empty hand control level of the use of force continuum and is proportionate under Graham at the time of this analysis no charging documents or court records confirming the disposition of this case were located through public records searches or available court databases based on the footage and applicable Florida law the most probable charge is trespass after warning under Florida Statute Section 8 10.09 a secondary charge of disorderly intoxication under Florida Statute section 8 56.011 this is also plausible given the subject's acknowledged intoxication in a commercial public space no viable civil rights claim under 42 United States Code section 1983 is apparent from the footage officers provided constitutionally adequate notice at every stage of the encounter before escalating the lead officer receives a B+ his handling of the encounter reflects competent application of both trespass law and DUI prevention authority he issued explicit warnings offered the subject multiple lawful alternatives and applied proportionate force the grade falls short of an a for two reasons first casual commentary comparing the subject to a prior arrest d reflects a degree of premature characterization inconsistent with impartial professional conduct second a more proactive approach directly accompanying the subject to an active rideshare pickup rather than monitoring from a distance may have prevented the arrest entirely which is always the preferable outcome the subject receives a C plus he maintained a non violent demeanor throughout and never posed a physical threat to officers or bystanders he also complied with the initial escort to the Uber area which was the correct decision however his voluntary statement acknowledging intent to drive his return to private property after an explicit trespass warning and his implausible explanation for that return eliminated every available legal defense the subject never invoked his Fifth Amendment right to remain silent every spontaneous statement he made narrowed the officer's obligations and broadened their legal authority to intervene silence was his most powerful and least used tool three principles from this encounter apply broadly to any interaction involving private property removal first a verbal trespass warning is a legal instrument not a suggestion once issued any return to the property is a completed criminal offense regardless of subjective intent second voluntary statements made outside of custodial interrogation carry no Fifth Amendment Protection an individual who discloses intent to commit a crime provides law enforcement with independent probable cause to act third the right to remain silent exists precisely for situations like this one exercising it costs nothing and eliminates the most common source of self incrimination in non violent encounters 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 interactions