I'M TRYING TO HELP YOU OUT HERE BROTHER OKAY OH MY GOD ALL YOU HAVE TO DO IS BRING THE LETTER TO ME EVERYTHING'S BACK TO NORMAL CAN YOU CAN YOU GO TO YOUR DOCTOR TOMORROW TOMORROW'S MONDAY TOMORROW'S MONDAY CAN YOU GO TO THE DOCTOR NO SIR NO YOU CAN'T ALRIGHT WATCH I DON'T HAVE THE PAPER OKAY HEY GIVE ME YOUR HAND GIVE ME YOUR HAND TRESPASS IN AN OCCUPIED STRUCTURE UNDER FLORIDA STATUTE SECTION 810.08 AND RESISTING AN OFFICER WITHOUT VIOLENCE UNDER SECTION 843.02 THIS ANALYSIS EXAMINES WHETHER THE ARREST WAS CONSTITUTIONALLY SOUND HI SOMEBODY CALLED US THE MANAGER OH I DON'T KNOW YEAH OK IS THE ALRIGHT WE GOT ANOTHER OFFICE YEAH WE GOT ANOTHER OFFICER UH COMING CAUSE THEY THEY REQUESTED A SPANISH SPEAKER OH OK SO SHOW US WHERE WE ARE AND WE'LL WAIT OUT THERE WE'RE GONNA BE AROUND THE CORNER BY THE ANY ENDS I DON'T KNOW IF THE BUTTON BUT THEY I KNOW HE'S SUPPOSED TO BE I KNOW WHAT I'VE KNOWN RIGHT NOW IS THAT HE NEEDS TO LEAVE AND COME BACK WITH A DOCTOR'S NOTE BUT THEN THEY SPOKE THEY SPOKE SOME MORE AND THEN THAT FROM THERE I DON'T KNOW HE'S STILL HERE ARE YOU THE MANAGER I'M ONE OF THE MANAGERS OKAY WE CAN GO HE SAID HE'S STILL FIVE MINUTES OUT OKAY IF YOU KNOW I'LL LOOK FOR HIM AND I'LL BRING HIM AROUND OKAY YEAH WE DO HAVE WE WE DO HAVE A SPANISH SPEAKER ON HERE SO IF THERE'S ANY TRANSLATION DEVIN SIR GOOD MORNING SIR HOW YOU DOING HOW YOU DOING GOOD WHAT'S GOING ON TODAY HE UM SO HE'S GOT THE GLASSES ON PRESCRIPTION GLASSES BUT THEY'RE NOT ALLOWED TO LET ME ASK SOMETHING ANY OF YOU GUYS SPEAK SPANISH NO WE HAVE SOMEBODY COMING THAT DOES SPEAK SPANISH WE GOT FIVE MINUTES NOW SIR I DON'T HAVE A PROBLEM WITH NOBODY OK I DON'T HAVE A PROBLEM WITH NOBODY SO I NEED WHAT TODAY YES SIR CAN I GET CAN I GET THE CLOTHES YOU GOT IT SEE SEE UM HE'S UM HE SAID YOU KNOW HE DOESN'T HAVE PROBLEM WITH NOBODY I USED TO WORK TODAY BUT THE SITUATION THAT WE HAVE AND THEN WE HE'S SAYING THAT WE'RE WE'RE BEING ABUSIVE TO HIM YEAH WE'VE BEEN DOING THIS FOR UM WEEKS A FINALLY SO WHAT'S THE PROBLEM THOUGH TODAY LIKE WHAT'S GOING ON CAUSE WE WE CAME OUT AS SOMEONE GOT FIRED NO NO NO NO SO HE UM HE WORE SO THESE GLASSES HE UM HE SAID THAT HE TOLD US AFTER HE HAD GOTTEN LIKE A LASER CORRECTIVE SURGERY OKAY SO WE WERE LIKE OKAY YOU CAN WEAR THE GLASSES LIKE SIR BACK UP A LITTLE AGAIN LOOK YOU'RE TALKING ON THE PHONE SIR BACK UP I DON'T WANT HE'S BACKING UP HE'S BACKING UP YOU I KNOW SO STOP GETTING CLOSE TO HIM SO BACK UP BACK UP BACK UP SIR SIR I DON'T HAVE A PROBLEM WE KEEP STEPPING BACK AND YOU'RE TOO CLOSE TO US I DON'T HAVE I KNOW BUT I DON'T WANT TO WE HAVE A PROBLEM WITH YOU COMING TOO CLOSE TO US I DON'T HAVE A PROBLEM WITH NOBODY ARE YOU NOT ARE YOU LISTENING ARE YOU TELLING ME TO STOP WALKING FORWARD NO NO DON'T TAKE THAT FORWARD BABY SIR I DON'T KNOW NO NO NO I DON'T KNOW WE DON'T NEED TO SHAKE YOUR HANDS BE CALM NOW KEEP YOUR HANDS FOR A FEW DAYS AND THEN WE'RE LIKE AND THEN AFTER A FEW DAYS WE'RE LIKE BUT I DON'T HAVE A PROBLEM WHEN ARE YOU GONNA TAKE THEM OFF AFTER THE SURGERY WE JUST WE NEED A DOCTOR'S NOTE TO KNOW LIKE I DON'T HAVE A PROBLEM WITH THAT NOBODY BACK UP RIGHT YOU'RE GETTING TOO CLOSE TO US BACK UP YOU UNDERSTAND BACK UP YEAH BACK AWAY FROM US STOP COMING CLOSER TO US I DON'T KNOW HOW FAR IT IS IT'S THE POLICE IF YOU DON'T IF YOU COME YOU'RE GONNA PUT YOU IN CUFFS IF YOU DON'T STOP BACK UP YOU CAN'T GET NO JUST MIRA I KNOW THEY ALL LOOK LIKE THEY'RE STANDING IS IT HARD TO UNDERSTAND DON'T COME TOWARDS ME BACK UP YEAH JUST STAY THERE JUST STAY THERE LOOK YOU WE STARTED OVER THERE PLEASE DON'T DON'T GO SO WHAT WHAT ARE WE DOING TODAY IS HE ALLOWED TO STAY HERE AND WORK HE NEEDS TO GO HOME AND HE NEEDS TO GO HOME HE DOESN'T THAT'S NOT SAYING HE'S NOT ABUSIVE SIR THAT'S ABUSIVE IT'S NOT ABUSIVE AT THE END OF THE DAY ARE YOU GUYS ARE YOU GUYS FIRING HIM OR YOU'RE SENDING HIM HOME FOR THE DAY JUST UNTIL HE CAN BRING US A DOCTOR IS THERE A REASON TO KEEP STEPPING CLOSER I KNOW YOU DON'T HAVE A PROBLEM WITH US BUT I DON'T LIKE THE CLOSER STEPPING SIR I DON'T HAVE A PROBLEM WITH NOBODY I UNDERSTAND BUT IF IF THEY'RE TELLING YOU YOU HAVE TO GO HOME YOU CAN'T STAY HERE ANY LONGER SÍ QUÉ ESTÁ PASANDO OKAY HEY CAN YOU TELL THIS GUY IN SPANISH HE'S NOT UNDERSTANDING TO STOP YOU DON'T UNDERSTAND I REALLY UNDERSTAND ENGLISH WAY YOU DON'T SPEAK SPANISH YOU DON'T SPEAK ENGLISH WHAT'S GOING ON OKAY BEFORE WHO'S THE SUPERVISOR BOTH OF US BOTH ALRIGHT ALRIGHT LET'S GO THAT WAY LET ME GIVE YOU THE CIRCUMSTANCES AND THEN I'LL TALK TO HER WHAT HAPPENED SO IT'S A LITTLE BIT BETTER WHAT HIS UM THE SUNGLASSES AT FIRST IT WAS LIKE HE'S HAD THEM ON FOR LIKE A WEEK AND IT'S IT'S NOT A BIG DEAL IT'S JUST SOMETHING LIKE HE HE HAD GOT A SURGERY AND HE THAT'S WHAT HE TOLD ME HE HAD A SURGERY AND THAT HE HAD TO WEAR THEM A LITTLE FEW DAYS AFTER TO AVOID THE LIGHT SO THEN AFTER THE FEW DAYS WE WERE LIKE UM HEY WE TO KEEP THOSE ON YOU HAVE TO PROVIDE US A DOCTOR'S NOTE YOU CAN'T BE WEARING THE SUN IT'S AGAINST THE COMPANY POLICIES POLICIES AND THEN YESTERDAY HE TOLD US HE COULDN'T WORK THE GRILL ANYMORE BECAUSE OF THE HEAT AND WE'RE LIKE OKAY NO PROBLEM AND IT'S LIKE JUST YOU HAVE TO GIVE US A DOCTOR'S NOTE AND THEN YOU'RE COMPLETE SO AND HE'S SAYING HE DOESN'T HAVE A DOCTOR'S NOTE SO THEN OUR HR IF THEY TOLD US TO JUST SEND HIM HOME FOR THE DAY SEND HIM HOME AND HE'S GONNA BE ON THE REVIEW UNTIL DETERMINATION NO UNTIL HE JUST BRINGS A DOCTOR'S NOTE OKAY UNTIL HE BRINGS A DOCTOR'S NOTE ELLOS EH TE DIJERON A TI QUE TÚ TENÍAS TRAER UNA LETRA DEL DOCTOR POR LOS OJOS PARA PERO ELLOS HABLARON CON EL DEPARTAMENTO DE ELLOS QUE TÚ NO PUEDES TENER LOS POR ELLOS A MENOS QUE TÚ TIENES ALGO DEL DOCTOR PERO ESTÁ CERRADO NO LO TENGO OKAY ESTÁ BIEN SO ELLOS DIJERON QUE HOY TÚ TE VAS NO PUEDO SER POR QUÉ VOY A TRABAJAR ME HICIERON LO MISMO AYER UN SOBRECARGO DE COMIDA NO MIRA MIRA ASÍ NO NO TRABAJA ASÍ TÚ TIENES QUE A LA FUERZA O NO LA FUERZA TÚ TIENES QUE IRTE ENTONCES LO QUE TÚ VIENES CUANDO TÚ TENGAS LA LA LA LETRA DEL DOCTOR TÚ PUEDES VENIR PARA ATRÁS NECESITAS LA CARTA DEL MÉDICO DICIENDO QUE TÚ PUEDES TENER LAS GAFAS SI NO TIENES LA CARTA TÚ NO PUEDES TRABAJAR ES QUE ESAS SON MIS GAFAS PARA YO PROTEGER MI VIDA NO IMPORTA NO ES EL PADRE SANTI NO TODAVÍA TODAVÍA ELLA ESTÁ TAN MIRANDO EL CASO TÚ Y ESTE CASO Y SI TÚ SIGUES ASÍ ELLOS TE VAN A TE VAN A VOTAR TE VAN A VOTAR AHORA TE DIJERON QUE VAYA PARA LA CASA CUANDO TENGAS TIEMPO Y CÁLLATE NO PUEDE NO I DON'T HAVE I DON'T HAVE A PROBLEM WITH NOBODY DID YOU TELL HIM THAT HE DOESN'T NO I TOLD HIM THAT HE DOESN'T DOESN'T COMPLY THAT HE THEY ASKED HIM TO GO HOME AND BRING A DOCTOR'S NOTE AND WITHIN THEN IT'S GONNA BE REVIEWED IF YOU DON'T COMPLY YOU WILL GET ARRESTED THAT'S WHAT I TOLD THEM AND THEN YOU'RE GONNA GET FIRED AND YOU'RE GONNA THAT'S WHAT IT WAS IT'S ALREADY BEEN EXPLAINED IN ENGLISH IN SPANISH NUMEROUS TIMES HE UNDERSTANDS A LITTLE ENGLISH YOU GO HOME AND EXPLAIN IT TO THEM IN SPANISH I'M TRYING TO HELP YOU OUT HERE BROTHER OK HE'S NOT SUSPENDED I'M TRYING TO HELP YOU OUT I'M TRYING TO SUSPEND HIM YOU DON'T WANT THE MEDICAL FORM WHAT DO WE WANT THE BEST OF ALL YOU HAVE TO DO IF YOU JUST BRING THE MEDICAL FORM TOMORROW EVERYTHING'S BACK TO NORMAL CAN YOU CAN YOU GO TO YOUR DOCTOR TOMORROW TOMORROW'S MONDAY TOMORROW'S MONDAY CAN YOU GO TO THE DOCTOR NO SIR NO YOU CAN'T ALRIGHT WATCH I'LL HAVE THE PAPER OK HEY GIVE ME YOUR HAND GIVE ME YOUR HAND THE THRESHOLD QUESTION IS PROBABLE CAUSE FOR TRESPASS FLORIDA STATUE 810.08 REQUIRES THAT A PERSON REMAIN IN A STRUCTURE WITHOUT AUTHORIZATION AFTER BEING DIRECTED TO LEAVE MANAGEMENT ISSUED THAT DIRECTIVE OFFICERS REINFORCED IT IN BOTH ENGLISH AND SPANISH THE SUBJECT'S CONTINUED PRESENCE SATISFIED THE STATUTORY ELEMENTS PROBABLE CAUSE WAS ESTABLISHED HOWEVER A STRUCTURAL COMPLICATION EXISTS ORLANDO INTERNATIONAL AIRPORT IS PUBLIC INFRASTRUCTURE SHAKE SHACK OCCUPIES A PRIVATE COMMERCIAL LEASE WITHIN THAT PUBLIC SPACE THE SUBJECT AN ACTIVE EMPLOYEE HAD A COLORABLE ARGUMENT THAT HE RETAINED A RIGHT TO BE PRESENT FOR HIS SHIFT THIS DOES NOT DEFEAT THE TRESPASS CHARGE BUT IT WEAKENS ITS MORAL CLARITY THE DEEPER LEGAL ISSUE IS THE AMERICANS WITH DISABILITIES ACT UNDER 42 USC SECTION 1 2 1 1 2 EMPLOYERS MUST PROVIDE REASONABLE ACCOMMODATION TO EMPLOYEES WITH QUALIFYING DISABILITIES POST SURGICAL PHOTOSENSITIVITY REQUIRING PRESCRIPTION EYEWEAR IS A QUALIFYING CONDITION THE EMPLOYER'S DEMAND FOR A DOCTOR'S NOTE IS PERMISSIBLE UNDER SECTION 1 2 1 1 2 D 4 BUT ONLY AFTER ENGAGING A GOOD FAITH INTERACTIVE PROCESS THE TRANSCRIPT CONTAINS NO EVIDENCE OF THAT INTERACTIVE PROCESS MANAGEMENT MOVED DIRECTLY FROM DOCUMENTATION DEMAND TO REMOVAL THEN TO POLICE INVOLVEMENT IF THE EMPLOYER SKIPPED THE INTERACTIVE PROCESS THIS ARREST WAS USED TO ENFORCE A POTENTIALLY UNLAWFUL EMPLOYMENT ACTION A SIGNIFICANT CIVIL LIABILITY EXPOSURE UNDER BOTH FEDERAL AND FLORIDA STATE LAW THE FLORIDA CIVIL RIGHTS ACT SECTION 760.1 MIRRORS THE ADA THE SUBJECT RETAINS A 3 0 0 DAY WINDOW TO FILE A CHARGE WITH THE FLORIDA COMMISSION ON HUMAN RELATIONS USE OF FORCE IS EVALUATED UNDER GRAHAM V CONNER 490 US 3 8 6 1 9 8 9 THE COURT IDENTIFIED THREE FACTORS SEVERITY OF THE CRIME IN A MISDEMEANOR CONTEXT WITH A NON THREATENING SUBJECT THAT WINDOW MATTERS COURTS EXAMINING SECTION 1,983 TAKE HIM DOWN TAKE HIM DOWN DON'T RESIST DON'T RESIST DON'T RESIST PUT THE CUFFS ON HIM DON'T RESIST OH MY GOD DON'T RESIST STOP RESISTING GIVE ME YOUR HANDS STOP RESISTING GIVE ME YOUR HANDS GIVE ME YOUR HANDS STOP RESISTING STOP RESISTING STOP RESISTING LOOK OUT LOOK OUT YEAH ALRIGHT ALRIGHT ALRIGHT GET HIM OFF ME AH STAND UP STAND UP STAND UP PIRATE IT PIRATE IT PIRATE IT STOP AH STAND UP YEAH ALL RIGHT GOT HIM ON THE OTHER SIDE AND LET'S GO TO THE MALL HE'S COMING WHO'S THIS THAT DON'T WORRY I GOT IT DUDE YES YES AH HAHAHA HOLD ON HOLD ON HOLD ON HOLD ON HOLD ON HOLD ON LET HIM RELAX LET HIM RELAX YOU GOT PARATE DÉJATE LA COSA PARATE PADDLE IT DON'T WORRY ABOUT IT WAIT PADDLE IT COME ON DO YOU HAVE A SIDE OF BADGE OR ANYTHING YOU NEED FOR YEAH I NEED A SIDE OF BADGE STOP MOVING PADDLE IT STOP MOVING YOU GOT A KNIFE PUT THIS OFF YEAH YES WATCH YOUR FINGERS WATCH YOUR FINGERS WHAT TAKE A PICTURE OF THIS TAKE A PICTURE OF THIS OK OK TOO LATE PARATE DO YOU UNDERSTAND PARATE PARATE YOU'RE GONNA DIE WITH THAT SMELL PARATE ESA MIERDA BRO ESA MIERDA VAMOS VAMOS VAMOS ANDANDO VAMOS POR FAVOR POR FAVOR MIRA PONTE ESTE TENIS PONTE ESTE TENIS YOU DIDN'T WANT TO LISTEN TO ME I WAS TRYING TO SAVE YOU YOU UNDERSTAND PERFECT MY MY MY MY PHONE I'M GONNA HOLD IT NO YOU DON'T NEED TO TAKE IT OUT OF YOUR HEAD YOU DON'T NEED TO TAKE IT OUT OF YOUR HEAD YOU DON'T NEED TO TAKE IT OUT OF YOUR HEAD YOU DON'T NEED TO TAKE IT OUT OF YOUR HEAD NO NO I STOP MAN STAND UP COME ON ACT LIKE IT IS ALL I COME ON NO NO ALRIGHT STAND UP NO TE QUIERO PONER EL TENIS TE QUIERO PONER EL TENIS NO MAN NO LET'S TAKE THEM OUT WE MIGHT NEED TO GET A WHEELCHAIR ALRIGHT UH HEY HOLD ON HOLD ON GIVE ME A SECOND GIVE ME A SECOND IF YOU WANT TO GO INSIDE GO THE OTHER WAY NO NO NO WHAT IS IT WHAT'S GOING ON NOW STAY DOWN STOP KICKING STOP RESISTING STAY DOWN WHAT IS HE DOING HE'S NOT STANDING GET UP HE WANTS TO GET UP NOW LET HIM UP IF HE WANTS TO WALK HIM UP DOESN'T WALK HE WANTS TO WALK YOU WANT TO GO OUT LET'S GO LET'S GO HE'S JUST GOING DEAD LIKE THAT VAMOS YOU WANT TO GO OUT YES OR NO WE'RE GONNA PLAY LIKE THIS LIKE A BABY PLAYING LIKE A LIKE A BABY WHAT'S GOING ON IT HURTS ME IT HURTS ME WELL THEN GET UP THAT'S WHAT YOU'RE DOING TO ME YOU'RE FIGHTING WITH US COMO UN HOMBRE PÁRATE Y VETE TE LO EXPLICAMOS COMO DIEZ VECES Y NO QUIERE ENTENDER VAMOS TE VA A LEVANTAR TE VA A LEVANTAR SÍ O NO PÁRATE PÁRATE NO ESTÁ ACTUANDO COMO UN ANIMAL O TE VAMOS A LLEVAR A LA FUERZA TÚ QUIERES HACER ESO MIRA LEVÁNTATE PÁRATE SI TE PARAS LE DAMOS BIEN THAT'S HIS YEAH PUT IT IN THERE HE DON'T WANT TO WEAR SNEAKERS HE'S GOT A SOCIAL SECURITY ALRIGHT GOOD PLEASE PLEASE YOU GOT NO TOO LATE MAN TOO LATE I JUST LEFT BANTO BANTO TE DIMOS UN CHANCE NO ESTO NO ES UN JUEGO LEVÁNTATE O TE LLEVAMOS COMO UN TACO TE VAMOS A LLEVAR SÍ O NO VENGO TÚ ERES UN HOMBRE LEVÁNTATE VAMOS A TU ABUELA GÜEY TU ABUELA GÜEY VETE NO AY AY AY AY AY JUST SAY YEAH YEAH COME ON MAN AH YOU GONNA SIT AH AH WHERE'S THE NEAREST CAR AH AH THAT'S TOO MANY PEOPLE IN THE WAY COME ON GET THE SET UP THERE COME ON YOU GUYS WANT TO SIT DOWN BRO SIT DOWN AND RELAX NO DON'T MOVE THAT OUT LET'S TAKE IT REAL THEM OUT YOU GOT A PATROL CAR OVER THERE OR ON THE AIRSIDE NO NO ON THE AIRSIDE STAY DOWN PLEASE ON THE AIRSIDE STAY THERE YOU GOT YOU GUYS GOT A CAR ON THE AIRSIDE NO I MEAN I COULD RUN AND GET IT YEAH RUN WE'LL TAKE CARE OF IT FROM HERE WE'RE GONNA GO TO THE FRONT RIGHT THERE IN THE FRONT YES HEY IF YOU WANT YOU GUYS DON'T HAVE ANY ON THE AIRSIDE CAUSE NO I CAN TAKE THEM STRAIGHT DOWNSTAIRS AND WE CAN WAIT HOW CLOSE IT'S RIGHT HERE RIGHT YEAH I CAN TAKE THEM RIGHT TAKE IT TO THE OTHER SIDE RIGHT THERE MEET US THERE WHAT IS THE WHAT'S THE DOOR I KNOW THE ONE BETWEEN UNIVERSAL TO GET TO UNIVERSAL MIKE YOU KNOW WHY DON'T YOU TALK TO MATT YEAH UH YEAH COME ON HERE IT'S RIGHT DOWNSTAIRS YO JUST COME HERE IT'S LIKE THEY UH YOU CAN'T MISS IT WHEN YOU GO AROUND I'M TELLING YOU CAN'T MISS IT YEAH YEAH GO AHEAD GO GO GET THE CAR LET'S GO MAMA MAMA ERIC COME ON THIS SIDE COME ON THIS SIDE PUSH HIM BACK AND I'LL PUSH THE WHEELCHAIR I'LL GO AHEAD MY CARGO STOP RESISTING STOP RESISTING ALRIGHT LET'S GO HEY GET THE FOLLOW THAT WAY RIGHT RIGHT RIGHT RIGHT WHERE YOU GOING SIÉNTATE COÑO NO ENTIENDO SIÉNTATE VAS A COGER MÁS CALOR STOP RESISTING STOP RESISTING STOP RESISTING STOP PUTTING YOUR FEET ON THE FLOOR STOP RESISTING MABEL COME ON BRO THAT'S NOT WHAT IT NEEDS TO BE STOP PLEASE NO PROBLEM NO ONE FOR A RANGER NO PROBLEM NO ONE FOR A RANGER NO PROBLEM NO ONE FOR A RANGER NO PROBLEM NO ONE FOR A RANGER HEY FORGO COME TANGO 2 4 2 FOR OUR ENGINEER CONO QUÉ CABEZA DURA TÚ ME TIENES PUES YA VOY A TARDE YA NO HICISTE CASO TE DIMOS CHANCE I TRIED TO GIVE YOU A CHANCE MAN I I WAS TRYING TO TELL YOU GO TO THE DOCTOR TOMORROW AND THIS IS IT THIS IS SIMPLE RIGHT NOW YOU TOOK IT TO THAT LEVEL I WAS JUST TRYING I TOLD YOU LET'S GO STRAIGHT I'LL PUSH IT GRAB HIS LEG WATCH HIS LEGS WAIT WAIT DON'T PICK IT TOO LOW BECAUSE YOU'RE PUTTING PRESSURE ON MY FOREARM LET HIM TAKE IT LET HIM TAKE IT NO NO YOU I GOT IT YOU'RE PUTTING PRESSURE ON MY FOREARM WHEN YOU LIFT IT THAT HIGH YOU WANNA GO TO GEORGIE UH THAT WAY OK RIGHT HERE HOLD IT WE'RE GONNA STAY RIGHT HERE UNTIL YOU SOMEBODY GO OUT THERE AND RADIO TO YOUR GUY UH I TOLD HIM GIVE HIM THE NEAREST POINT OF VIEW UH GO AT HELL ERIC 2:40 TELL HIM 2:48 ONE POSITIVE INDICATOR STANDS OUT OFFICERS WAITED FOR A SPANISH SPEAKING OFFICER BEFORE ISSUING CONSEQUENTIAL LEGAL DIRECTIVES THIS REFLECTS AWARENESS OF DUE PROCESS LANGUAGE ACCESS OBLIGATIONS EVEN ABSENT A SPECIFIC FLORIDA STATUTE REQUIRING IT THE POST ARREST ADVISEMENT IN THE SUBJECT'S NATIVE LANGUAGE COVERING BOND IMMIGRATION IMPLICATIONS AND AIRPORT CREDENTIAL REVOCATION EXCEEDED THE MINIMUM MIRANDA STANDARD AND REFLECTS PROCEDURAL JUSTICE PRACTICE ONE CONCERN THE OFFICER'S STATEMENT THAT THE SUBJECT WOULD BE BANNED FROM THE AIRPORT AND REQUIRED TO FLY FROM TAMPA IF HE WISHED TO TRAVEL IF INACCURATE THIS CONSTITUTES A MISLEADING ADVISEMENT TO A PERSON IN CUSTODY A PRACTICE THAT WHILE NOT CRIMINAL CAN FORM THE BASIS OF A DUE PROCESS ARGUMENT IN SUBSEQUENT PROCEEDINGS TELL 2:48 WHERE THE CONSTRUCTION IS I'LL CALL HIM I'LL CALL HIM ALRIGHT TE DIERON TANTO BREAK TE LO ESTABA DICIENDO TE LO DIJE COMO CINCO VECES TE LO DIJE TÚ LE DISTE FICHA TRANQUILA A TI PORQUE TÚ NO LO VAS A HACER AHORA TE QUITARON LA PLACA Y NO PUEDES TRABAJAR MÁS NUNCA AQUÍ NO VAS A PODER NI ENTRAR AL AEROPUERTO SI QUIERES VIAJAR SI QUIERES IR A SANTO DOMINGO TE VAS A TENER QUE IR PARA TAMPA YEAH WE'RE GONNA BE LIKE OUT RIGHT OUTSIDE THERE'S A DOOR BY 2:40 ALPHA YEAH NO I KNOW ALL RIGHT LATER YOU THINK I GET YOU NOW YEAH NO HE'S COMING LIKE THE SECOND BUT 2:40 ALPHA 2:40 ALPHA I'M ON THE I JUST TALKED TO HIM YEAH YEAH FOR SURE YEAH LIKE HE KEPT WE WERE TALKING I'M LIKE JUST BACK UP AND HE KEPT STEPPING I'M LIKE BACK UP CAUSE YOU DON'T LISTEN RIGHT YOU DON'T LISTEN YOU TOLD YOU YEAH GO HOME GET YOUR DOCTOR'S NOTE THEN YOU CAN HAVE YOUR SUNGLASSES LA POLICÍA NO QUIERE QUE TÚ USES GAFAS EN EL TRABAJO ESA ES LA POLICÍA DE ELLOS TÚ TIENES QUE RESPETARLA SI A MÍ EL TRABAJO ME DICE A MÍ QUE NO PUEDO USAR LAS GAFAS MÍAS NO LAS PUEDO USAR Y NO ME VOTAN A MENOS QUE TENGA UNA RAZÓN MÉDICA Y TENGO QUE DEMOSTRARLE LA PRUEBA QUÉ TÚ TIENES GREEN GREEN CARD ERES CIUDADANO TIENES EH HERMANO HERMANA MADRE QUE PUEDES LLAMAR EH PUES VA VAS PARA LA CÁRCEL Y TE VAN A TENER QUE SACAR TIENE ALGUIEN QUE TE VA A PODER SACAR EH TIENES FAMILIA QUE TE PUEDE SACAR SÍ SÍ PARA DE LA CÁRCEL TE VAS A LLAMAR A ALGUIEN OKAY NO NO NO VOY A LLAMAR A NADIE ENTONCES TE VAS A QUEDAR ADENTRO VAS A TENER QUE PAGAR UNA FIANZA TÚ NO TIENES HECO NO ESTABAS LIMPIO SÍ ESTÁ LIMPIO AHORA ESTO TE VA A JODER SIR YA YA ESTÁ LA ESPOSA NADIE VA CAMBIANDO DE MENTE YA TIENE LA ESPOSA ESTÁ ACEPTADO MIRA CÓMO ESTOY YO TÚ QUÉ ES ESTO Y ESTOY SANGRANDO EN EL MANGO TE TIRAMOS AL PISO Y TÚ TÚ TÚ TÚ NO HACÍAS CASO ERA BIEN FÁCIL ELLOS TE DIJERON VETE A LA CASA CUANDO TENGAS EL DOCTOR ABIERTO BUSCA UNA UNA CARTA VEN PARA ATRÁS Y ELLOS TE VAN A REVISAR EL CASO TUYO LO QUE PASÓ Y A VER SI TE PERO TÚ TÚ SABES LO QUE TE HICIERON NOSOTROS TÚ TE LO ANDO CON UN MAN BOBO AH OH MY GOD BRO TE TIENES QUE PARAR DE AHÍ TE TIENES QUE PARAR LEVÁNTATE VAMOS A IR PARA EL CAJÓN CAMINA ASÍ YA ESTÁ LISTO COME ON NO HAGAS MÁS PROBLEMAS VENTE VAMOS PARA EL CAJÓN YOU GUYS COMING DOWN THERE OR NOT NO WE DIDN'T PUT I JUST VERY GOOD YEAH YEAH I I DON'T HAVE A PROBLEM WITH ANYONE SIR IT'S UH OKAY PUT HIS SOCIAL IN THERE I GUESS I'LL PUT HIS NAME GOT THAT RIGHT THERE I DON'T HAVE NOTHING I DON'T HAVE NOTHING SIR STOP MOVING SIR STOP MOVING I DON'T HAVE NOTHING OH ESTE ES EL DEPARTAMENTO O DE QUÉ ES ESTO NO THAT'S HIS HOUSE MY BUDDY ALRIGHT CHECK THE OTHER SIDE GET IN HAVE A SEAT UP SIT DOWN OPEN THE WINDOW THANKS A LOT THANKS A LOT HE WAS CHARGED WITH TRESPASS IN AN OCCUPIED STRUCTURE AFTER REFUSING TO LEAVE AND RESISTING AN OFFICER WITHOUT VIOLENCE SHARE YOUR THOUGHTS IN THE COMMENTS BELOW AND DON'T FORGET TO LIKE AND SUBSCRIBE THIS WASN'T IMPROVISED ON OCTOBER 12 2,025 OFFICERS AT ORLANDO INTERNATIONAL AIRPORT RESPONDED TO A WORKPLACE DISPUTE THAT ENDED IN A PHYSICAL ARREST TWO CHARGES WERE FILED WHETHER THE FORCE SUPPLIED MET THE GRAM STANDARD AND WHETHER THE EMPLOYER'S CONDUCT RAISES INDEPENDENT LEGAL LIABILITY WHETHER THE SUSPECT POSES AN IMMEDIATE THREAT AND WHETHER THE SUSPECT IS ACTIVELY RESISTING ON FACTOR 1 BOTH CHARGES ARE MISDEMEANORS THIS WEIGHS AGAINST ELEVATED FORCE ON FACTOR 2 THE SUBJECT WAS UNARMED MADE NO THREATS AND POSED NO APPARENT DANGER TO OFFICERS OR BYSTANDERS ON FACTOR 3 THE SUBJECT PULLED AWAY WENT LIMP AND REFUSED COMMANDS CONDUCT FLORIDA COURTS HAVE CONSISTENTLY HELD SATISFIES RESISTING WITHOUT VIOLENCE UNDER G E G V STATE FIRE HUNDREL A SUDDEN SO TO KNEE HUNDREL A FEMALE HEALTH FEARS TWO OF 3 GRAM FACTORS FAVOR RESTRAINT THE FORCE APPLIED A TAKEDOWN FOLLOWED BY PHYSICAL RESTRAINT IS DEFENSIBLE ONLY BECAUSE ACTIVE RESISTANCE WAS DOCUMENTED AND REPEATED WARNINGS PRECEDED IT THE CRITICAL WEAKNESS IS THE SPEED OF ESCALATION THE TRANSITION FROM NEGOTIATION TO TAKE HIM DOWN OCCURRED IN UNDER FIVE SECONDS NO FINAL SPANISH LANGUAGE PLEA WAS ATTEMPTED BEFORE PHYSICAL CONTACT CLAIMS APPLY A TOTALITY OF CIRCUMSTANCES STANDARD AND RAPID ESCALATION IN LOW THREAT SITUATIONS IS PRECISELY WHAT PLAINTIFFS LITIGATE DON'T RESIST DON'T RESIST LET'S EXAMINE WHAT THE LAW AUTHORIZES AND WHAT IT DOESN'T THE RESPONDING OFFICERS RECEIVE A C PLUS LANGUAGE ACCESS PROTOCOL WAS CORRECTLY APPLIED VERBAL ESCALATION WAS DOCUMENTED FORCE REMAINED WITHIN THE CONTINUUM FOR ACTIVE RESISTANCE POST ARREST ADVISEMENT EXCEEDED THE MINIMUM STANDARD HOWEVER ESCALATION TO PHYSICAL ARREST WAS PREMATURE GIVEN THE CRIME SEVERITY AND ABSENCE OF THREAT A FINAL DE ESCALATION ATTEMPT IN SPANISH WAS AVAILABLE AND NOT TAKEN A LAUGHTER RESPONSE DURING THE SUBJECT'S VISIBLE DISTRESS FALLS BELOW PROFESSIONAL CONDUCT STANDARDS THE SUBJECT RECEIVES A B MINUS HIS REFUSAL TO LEAVE WAS LEGALLY CONSEQUENTIAL AND AVOIDABLE HIS PHYSICAL RESISTANCE PRODUCED THE SECOND CHARGE AND HIS OWN INJURY THE EMPLOYER'S POSSIBLE ADA VIOLATION DOES NOT TRANSFER INTO A LAWFUL RIGHT TO REMAIN ON THE PREMISES CREDIT IS WARRANTED FOR SUSTAINED NON VIOLENCE NO THREATS NO WEAPONS AND EVENTUAL COMPLIANCE ONCE RESTRAINED THE RESISTANCE REFLECTED CONFUSION NOT AGGRESSION A DISTINCTION IRRELEVANT TO CRIMINAL LIABILITY BUT RELEVANT TO CIVIL REMEDY ASSESSMENT THREE LESSONS FROM THIS ENCOUNTER FIRST FOR WORKERS AN EMPLOYER'S DOCUMENTATION DEMAND EVEN A POTENTIALLY UNLAWFUL ONE CANNOT BE CHALLENGED BY REFUSING A POLICE DIRECTIVE THE CORRECT VENUE IS THE E E O C NOT THE WORKPLACE FLOOR SECOND FOR OFFICERS IN MISDEMEANOR ARRESTS INVOLVING NON THREATENING SUBJECTS THE GRAM ANALYSIS REWARDS PATIENCE EVERY ADDITIONAL DE ESCALATION ATTEMPT DOCUMENTED IN THE RECORD REDUCES SECTION 1,983 EXPOSURE THIRD FOR EMPLOYERS USING LAW ENFORCEMENT TO RESOLVE ACCOMMODATION DISPUTES BEFORE COMPLETING THE ADA INTERACTIVE PROCESS IS NOT JUST A CIVIL LIABILITY RISK IT TRANSFORMS A HUMAN RESOURCES FAILURE INTO A FEDERAL CIVIL RIGHTS ISSUE 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