I'm not gonna lie to you it's not like I swung at him I like tapped his face you're not under arrest right now at this time but I'm detaining you okay then you're the aggressor and he has a right to defend himself cause I'm f*cking stupid cause you've been drinking you so you want to go disorderly and talk battery on August 19th, 2020 three officers at Tampa International Airport responded to a physical altercation between two male passengers in the baggage claim area one man was arrested one walked free the body camera footage raises four distinct legal questions worth examining in sequence you're gonna defend that buddy I have a video that has no sense I have a video cause you still f*cking shut your mouth like I said I've been there relax go over there now what's going on that's the man you gotta talk to you need to talk to me this is who we're gonna talk to well alright well the man was obviously acting a little out there obviously I wasn't here so I don't know yeah so why don't you tell me what's going on I'm still just trying to find my baggage why don't you tell me what's going on and then after we got off the ground'cause like you know we don't really need to be doing this right here and the motherf*cker still talking sh*t this is like dude stop talking sh*t just tell me what the issue is that's what I'm saying the issue is obviously two males butt in heads OK that's the issue did you get physical at any point no did he put his hands on you did you put your hands on him ah sh*t that's when it gets all f*cked up do you wanna go through the cameras oh we will yeah we'll go through the cameras and you tell me what happened but I'm trying to get what you you know give you an opportunity go through the cameras you gotta hold me you just hold me where's the other half it really is no big deal well it is because we were called that you guys got into a fight so that's what we're here for and since you won't say yes or no that it got physical or not I'm gonna assume it's not physical OK so why can't there's no physical do you have your driver's license with you yeah hey stay away so I've had a long day I've been up since 5 I'm tired so he comes here and she starts slamming his chest into me like going like that so I push him away get the f*ck away and he's like I like to still come close I'm not gonna lie to you it's not like I swung at him I like tapped his face cause if I wanted to swing I would have hurt him but I don't want to I can tell he's drunk I work in a restaurant I can tell when people are drunk he came up to me and he's like boo I like you sh*t like that so I swung I didn't do anything he was on the floor and I like I'm like stay away from me so he came up and he start following me then look he puts me in sh*t and you know I'm like you know what I go down on the floor with and I'm waiting for him I let him f*cking cuff me and choke me waiting for him to see what he does and I even told the guy let the police come call security there was a guy holding my glasses and my phone I'm like call security call the police I don't want to deal with it okay I'm just here to pick my friend up from the airport I'm tired I got a shift at 6:00am like I'm trying to go home and get some like sleep so he he chest bumped you to start all this no he first he came and scared me okay and then he's like I like you no but the physical yes he came up to me first I didn't go and touch him chest bump yeah he you can look at the do you have your ID on you yes I do sir chest bump what so what started the argument to be honest I'm not for sure really not sure why that guy was in my life but then all of a sudden a guy getting on here and he's like well f*ck was it over a bag or were you guys here like you're gonna ask him I'm gonna let it all go there and let my lawyer take it from there well that doesn't make sense bro yeah well that's just the way it goes for a for a verbal argument that's the way it goes that's the way it goes you see how it goes the guys like take this guy to jail you know you see how you deal with it you guys deal with this sh*t all the time anyway sure deal with drunk people all the time it's just like f*ck yeah apparently you can't control your alcohol volume very well so that's probably part of the issue I'm very so who did you see the whole thing then so they started over there they just both argue with each other or he stirring the sh*t uh huh and then dude tried to get him away from him oh you kept pushing on my seat yeah and he kept antagonizing and that's when everything kind of took off all right thanks a lot Billy here the first is investigative detention when officers arrived they had not witnessed the altercation they had a report of a fight in progress nothing more under Terry versus Ohio that is sufficient reasonable articulable suspicion of criminal activity authorizes a brief investigative stop without probable cause for arrest the officer communicated this correctly he told the subject explicitly you are not under arrest but you are being detained that distinction is not procedural courtesy it is a Fourth Amendment boundary detention requires only reasonable suspicion arrest requires probable cause conflating the two creates suppressible evidence oh didn't get physical huh so you're a liar too aren't you where's your get out what flight did you come in on it's not even a flight what flight did you come in on oh from Chicago which one American and Southwest Southwest yep so what are you doing over here I'm trying to find my luggage and also you're not even close you're calling my sister at the same time I'm just trying to do me a favor do me a favor let me have your backpack take your backpack off I'll go right away turn around real quick put your hands behind your back you're not under arrest right now at this time but I'm detaining you okay the second issue is the right to counsel at approximately 3 minutes and 31 seconds the subject stated he would let his lawyer take it from there under Edwards versus Arizona once a suspect unambiguously invokes the right to counsel all interrogation must cease the operative word is unambiguous in Davis versus United States the Supreme Court held that a suspect must articulate the request clearly enough that a reasonable officer would understand it as an invocation a passing reference to a lawyer during a voluntary pre arrest conversation does not meet that threshold Miranda protections attached to custodial interrogation not to this however the better practice when any lawyer reference is made is to pause and clarify a brief clarifying question costs nothing an ambiguous invocation litigated at suppression costs far more do you guys know each other no thank you so with the choking that's like felony level battery you wanna fill out a statement for us I mean what am I gonna do go to court take him to court and well I mean yeah I mean if you think that if you think that's the type of behavior like he's drunk I can obviously tell I I know but you think that's the type of behavior you know what I'm saying like you only had two shots you sure I'm not perfect no we none of us are man nobody said that yeah but I'm far from no but I've trained with some of the best alright have a seat I don't want you to fall down that's the only reason I'm not gonna alright alright obviously there was a physical fight between the two of you I'm trying to figure out exactly what was going on it's not physical it was 100% physical she's got a video it's not a fight bro she's got a video that's this is not a fight you see how you see how calm it was calm look at it watch it just watch it there was no elbow or fist thrown really yeah there wasn't any elbow room I'm really curious about what he's saying he's saying he's thinking I was in a bra he'll be over here in a minute like that stuff's not a bra they'll be over here in a minute stop they'll be over here and talk to you in a minute there's no fish if I was throwing fish that dude wouldn't have been down yeah yeah but that that's not what you don't just define what physical is no maybe maybe has been defined by human nature maybe it could have been more physical but it was still physical no no I just want I just want they saw a video I want the creation of what should have been and what shouldn't have been yeah they they they watched the video of it so they know I know you guys do a good job on your behalf but yeah he's placing this sh*t on a physical that's a f*cking wrestling he didn't say that physical is wrestling the dude was on top of me how the f*ck am I supposed to do I don't I'm not sure we'll find out he's lucky I didn't f*cking grab his *ss double yeah his eyeball yeah no sh*t yeah we're not f*cking we're in a f*cking terminal yeah we're out there in the street his eyeballs have been gone yeah you don't put me on the ground I'm in like oh I'm just gonna stay here and see what happens yup f*ck my life who did you fly in with anybody just myself alright and where do you live at what city well you're from Chicago from here you're from here yes okay alright I was working up in North Carolina okay with a boss of mine okay he gave me right up to Norfolk and I caught the flight out here I had a couple drinks along the way it's fine nothing wrong with that and um I got here and I don't know what this guy wanted to tangle with but as you can see the video I'm on the bottom I saw it I'm on the bottom that's what I'm trying to figure out right now but I know you were talking sh*t I figured sh*t out on the bottom hold on hold on cause I know you were talking sh*t I know that you know that what is that matter and well when he's pushing you to get you away from him and you continue to go after him then you're the aggressor and he has a right to defend himself there's no time that there was any need to be if you know we'll take you to court write me up I I didn't see throw me in jail no your word I'm gonna charge you oh you're gonna charge me with what you just said write me up with what you said no I will sit in jail for what you said listen if you don't calm down now you're gonna go for something else other than the fight either way it doesn't matter I got cameras you're written it up you're gonna write it up with him you're on camera right now yeah but you're gonna you're gonna defend that buddy I have a video that has no sense I have a video pal yeah it doesn't matter I know I have a video and I didn't you say a video and I'm defending myself I'm saying you have a video stop talking now it's your turn did I say you're under arrest right now no no I didn't so why are you trying to escalate it to get to that point because I wanna go home well you ain't going home right now we're trying to figure this out you know better yeah I do cause this seems like this ain't your first Rodeo and it's stupid it is stupid so why are you doing it in a public place cause I'm f*cking stupid cause you've been drinking cause he grabbed me okay well and I just wanna put him in his place we gotta look at the video well the guy shouldn't have f*cking grabbed me okay but did you end up putting him in his place not actually I didn't cause he's still f*cking well we're looking at video we'll see what's going on hang tight the third issue is self defense Florida Statute Section 776.012 permits the use of non deadly force against imminent unlawful force Florida's stand your ground doctrine removes the duty to retreat before using that force on its face the subject's account he was grabbed first he pushed back tracks this framework but the statute contains a disqualifying provision a person who is the initial aggressor or who continues to pursue a retreating party cannot claim self defense witness statements and bystander video placed the subject in the aggressor category his own inconsistent statements denying physical contact before being confronted with evidence eliminated his credibility Florida courts have held consistently that a self defense claim requires both clean hands and a credible account the subject had neither at the point of arrest the fourth issue is the charge itself Florida Statute Section 856.011 defines disorderly intoxication as three provable elements first the person must be intoxicated second they must be in a public place third they must cause a public disturbance all three elements are satisfied the subject admitted to consuming alcohol a commercial airport is a public place by every legal definition a physical altercation witnessed by multiple bystanders in a baggage claim area is public disturbance the charge is legally precise and factually supported one aggravating threshold bears noting Florida statue section 784.041 makes battery by strangulation a third degree felony intentionally impeding another person's normal breathing regardless of injury regardless to of relationship elevates the offense from misdemeanor battery to a felony carrying five years the strangulation allegation in this footage was raised but not pursued as a charge that charging decision belongs to the state attorney the legal exposure was real it's all just bullsh*t how old are you 30 f*cking eight 38 are you too old to be doing this no sh*t what do you do for a living I re I renovate places alright cool good and you know it's when we rest around he never got head slam there was no need to the head either while we're down it was all wrestling like like simple small wrestling I got great news in elbows you never laid them on no you didn't get a chance to put them on I could have sh*t from the get go when he's standing I don't think so but I don't Justin I don't think you had that opportunity man I can put my knee in your head from right here you did you didn't on the video though from for you I can put my knee no in your head from here no no not from there Billy not happening yeah doesn't mean you can't defend it but I can put it there you could defend it you so you want to go disorderly and talk battery no props I'm just saying I was calm sorry I see a judge to get out you'll see a judge first appearance I'll give you bond you'll be out let's go I'll give you f*ck somebody up in I don't think you're gonna do that either I don't think hey listen I won't go in with the I'm telling you he's f*cked up I'm going in there and I'm probably not getting out just I I I'm just telling you you're worried I would assure you the deputies you already f*cking being an *sshole I'm not hey listen f*cking me up we're not bullsh*t I'm not yeah you are *ssholes come on let's go sit down let's go sit down sit let's go sit down there's a big guy Justin let's go sit down sit let's go sit Justin sit sit Billy let's go alright you know what don't worry about it send him over real quick send him over real quick send him over let me lock him let me lock these up OK why are you wrestling me down cause we're not ready for you to go yet Justin and you're not listening to us you wanna lock me up is this your sister calling right now there's probably nobody calling there's somebody calling your phone's ringing huh he's going let's go hey let's step it up yeah big big big burly motherf*cker here we got f*cking trouble over here some f*cking little key on sh*t going on Justin Justin just shut up for a second please we got a charge they're probably gonna sober you up okay sit down sit down let's not add more to it here here's your phone Justin Justin Justin here what I have no f*cking arms behind me Justin look at me eyes calm down okay it's not gonna do you no good you're not gonna win this fight at this point it doesn't matter about winning listen to me it's about surviving it's not not about surviving you're a man made f*cking law dictator look you're a man made law dictator this you're a man made law dictator let me know when you're ready to listen what the f*ck the difference we had you understand that let me let me then understand me it doesn't matter if that's my phone or my bag if you want to be kind to it then that's on your behalf what the f*ck can I do my hands are behind my back you're locking me up for defending myself against a fool are you ready to listen hey look this has got to stay Justin so I'm asking you what would you like to go to booking with you just throw it away I'm not doing that but come on let's go it the f*ck away yeah you're you're a you don't understand my life alcohol tough guy man I'm sure what dude I am a badass no you're not I'll flop you on your head if we're on a mat if we're on a mat in the gym I'll flop you that guy just flopped you he just flopped you I was a nice guy and it wasn't a flop you weren't a nice guy he flopped you down and he was punching you in the face then why isn't he locked up if he's punching me cause you started it and he didn't you just defend yourself come here where you want it over here Tony you say he was punching me oh this should be good for this be good he was punching me in my face good thing you're not going to jail for battery then this so you said he was punching why would I get a battery charge if he was punching me in my face if he flop me on my face and punching me why am I going to jail I'm glad I got this part of your problem is you don't know when to shut up I'm glad it's recorded it is 100% you think I give a f*ck I'm not a bad guy you're not a bad guy nobody says you're a bad guy this is where you just make dumb decisions that's true that's true right stand up against the car please alright step up watch your head buddy watch your head up up top there you go now sit down we're gonna try to put your shoes on Justin knock it off no you ain't getting me out of that motherf*cker you put me in there you know what in here motherf*ckers in there who where in your f*cking facility we're taking it at not ours it's gonna be the Hillsborough County yeah well if I can make it out of there all right you will just keep your mouth shut I don't keep my mouth shut well I'll try to man I f*cking shut people's mouth I get it man thank you sir I'm a small motherf*cker but I'm f*cking skilled dude I know you said that hey nobody said you're not a badass listen alright hey good luck okay I appreciate you trying you are a nice lady listen we all make mistakes and all you do was drink a little too much that's it OK you're good 30 535 0 1 thank you yes sir let's examine the constitutional framework officers receive a B+ the investigative approach was sound parties separated independent statements obtained surveillance footage referenced as corroboration the de escalation throughout this encounter was consistent and skilled officers absorbed escalation without matching it a practiced evidence based technique applied under genuine pressure the legal analysis delivered in real time was accurate aggressor doctrine strangulation threshold disorderly intoxication elements the grade falls short of an a for two reasons the lawyer reference was not followed by a clarifying pause and no Miranda advisement appears on camera before post arrest conversation continued both create downstream suppression risk the subject receives a C his self defense claim fails not because the law disfavors it Florida's stand your ground statute is among the broadest in the country it fails because he forfeited the two things a self defense claim requires a consistent account and conduct that keeps him out of the aggressor category his initial denial contradicted by video and his continued pursuit of a retreating party placed him squarely within the zone the statute does not protect the second party receives a B minus he was not charged and the officer's assessment that he acted defensively is consistent with the available evidence however the strangulation allegation introduces proportionality questions that the absence of complete altercation footage leaves unresolved cleared does not mean unqualified three lessons from this encounter first self defense is a complete defense but it is also a factual claim inconsistent statements destroy the foundation before trial begins second the aggressor doctrine is not a technicality continuing to pursue someone who is attempting to disengage converts a potential victim into a defendant under Florida law third law enforcement should treat any reference to counsel as a potential invocation the cost of a brief clarifying question is negligible the cost of a suppressed confession is not 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