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- Language
- en
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- text
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- scrappa
- Auto-generated
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- Created
- 2026-10-22 23:32
Transcript Content
um I have a gentleman that says he's on the stall next to you and you stuck your camera under and started taking pictures of him okay okay so what happened looks like your body language that's what happened I'm gonna tell you this yes sir I can give this phone to my detectives right so I want you to listen to me before you answer these next questions yes sir you may have deleted it but they have a program that can find the pictures that were deleted so i'mma ask you one more time did you take any pictures of that man that was on this phone 12 1:07 back outside transfer level I have a party with me I'm gonna uh interview him now are you done sir I need your ID sir are you traveling are you coming or you going I'm coming alright let me see your identification please what reason would you possibly have to do that sir it's horrible that's adjustment 1 OK sorry I'm sorry he's not gonna cut it on this one sir what can I do well let me get your identification and we'll go from there sir I made a mistake OK we'll work it out for right now I'm just calling your information you have any warrants priors anything like that sexual abuse nothing nothing nothing nothing like that this is a mistake never do it again I swear control 1:07 can you copy a Florida ID of the other party anything you wanna say to me tell me what happened like what made you decide to do that just made a bad decision man do you have you done that before in the past never no did you know who was next to you no not at all it wasn't even like a do you have any images on your phone no let me see your phone sir my phone yes nothing there go to the camp he admitted to doing it said it was a bad judgment call I'll never do it again where's the the complaint is over by uh Information Desk 7 the camera was open but I didn't take any pictures okay you understand why this is disturbing somebody right I absolutely understand that okay so can I have permission to look through your phone since you said it's gone please okay I'm gonna tell you this yes sir I can give this phone to my detectives right so I want you to listen to me before you answer these next questions yes sir you may have deleted it but they have a program that can find the pictures that were deleted so i'mma ask you one more time did you take any pictures of that man that was on this phone can I talk to you in private sir only person is another police officer yes I did yes you did and then you deleted them yes you understand that's the problem right yes i'mma hold on to this for for a minute okay what was that huh oh well then yeah is there anything I can do for you my son is talking to the party right now but just hang on I'll just give him an apology I'll do whatever sometimes it's not just an apology sir I know I know I mean I'm just let me say devil's advocate you say you're sorry right have a nice day next bathroom you doing it again there's a child in the bathroom no no never no I know I know what you're saying but I can I talk to him you might not want to speak with you I'm just relax you're getting yourself more excited than you need to right now I'm a very honest person if I'm gonna lock you up i'mma tell you i'mma lock you up alright I'm not saying I'm not but I'm not saying I am but I'm a very honest officer so you gotta relax right now alright so he he does want to do something he said he felt violated wants to make his day sucks so um I'm gonna have to take a self on zeppelins and that's it but you can still get it though I told him that oh yeah I know yeah nothing's ever deleted I know so um I'm gonna walk him down to the police department he's gonna give a statement but do you want to do something OK alright so what about his bag and stuff did he just fly in mmm hmm um airlines can keep them OK you can come get them later cause I'm not gonna deal with all his bags you're gonna have to deal with the ones he already has right now so same with my fake to uh um you know what I'm talking about unless he unless he wants to sit down and give a statement but I mean we already said he admitted it and everything so in my view I mean that's enough right there I'll just uh I'll just get the bacon down there and start giving his statement alright we're gonna have to keep this as evidence sir take your backpack off you're under arrest please no I won't sir no I mean I'm complying just step right over here can I just go with you no no no what I'm gonna put something here for both of our safety alright and I'm gonna search you to make sure you have nothing on you I'm gonna take you get you out of here transfer you to the deal alright all right we're gonna have to get somebody to come get his bags can I take them can I take them um I think I'm gonna you're gonna transport him in your car she wants me to do the CRA or whatever so we need somebody to go with you right where are you parked I'm I'm parked right over here okay alright Ja ja was ist Das what is it 17:15 we are saying what 10:15 control 1:07 I'm here because that's already embarrassed enough when we get to the car I'm gonna search you so that's why I didn't search you you want to say something what will happen to me I mean it depends on the charge you have any priors anything like that you'll have to see a judge probably make bail but it's a sexual crime I said he felt violated and can you blame him what kind of charge is this I don't know that I don't know the exact uh alright against her I don't wanna get pricked I don't wanna get stuck by anything you have anything on you that's gonna prick me stick me anything like that no i'mma double lock the cuffs first so they don't move when the when you're being transported say it again so you want me to search for some trash for you yeah that'd be great all right here we go you got him yep you got him if you screw for a little bit it'll make it easier on your arms I just call you next week alright I'll call you back new pending incident draw 1 for two hi copy ending mileage 6 1 0 7 9 1:40 go ahead copy ending mileage 6 1 0 7 9 an airport restroom stall is a location where courts recognize a reasonable expectation of privacy under cats versus United States decided in 1967 the Fourth Amendment protects any space where a person holds a subjective expectation of privacy that society recognizes as objectively reasonable a closed restroom stall inside a public airport satisfies both prongs of that test without question Florida Statute Section 8 10.145 codifies this principle as the Video Voyeurism Act for an adult offender knowingly recording another person's intimate areas without consent in such a location constitutes a third degree felony punishable by up to five years in state prison the initial stop was legally sound under Terry versus Ohio the Supreme Court held in 1968 that an officer may briefly detain an individual based on reasonable suspicion of criminal activity here the suspicion came from a named identified victim who reported witnessing the conduct first hand this is not an anonymous tip which Florida versus JL from the year 2000 would have treated with skepticism this is a first hand complainant account and that distinction carries significant constitutional weight the subject's prearrest admissions are admissible under Burkheimer versus Mccarty 1984 Miranda warnings are not required during a Terry level stop even when a suspect makes incriminating statements at that stage the subject was detained not arrested his voluntary statements were not the product of custodial interrogation under Illinois versus Perkins the court reinforced that admissions made outside of formal custodial setting carry full evidentiary weight provided they were not coerced the consent phone search raises a more complex issue under Schneckloth versus Bustamante 1973 consent to search is valid even when the subject is unaware of his right to refuse however Riley versus California decided unanimously by the Supreme Court in 2014 established that the digital contents of a seized phone require a separate search warrant even following a lawful arrest consent given during a pre arrest investigative stop occupies a narrower legal window than post arrest examination any forensic analysis of the device by detectives would need to proceed under a judicially issued warrant to insulate the recovered evidence from a potential suppression challenge the officer's advisement that deleted images can be recovered through forensic software is factually accurate it is also legally permissible courts have consistently held that truthful statements about investigative capabilities do not constitute coercion provided they are not paired with threats or false promises the technique produced a complete admission where none might otherwise have been forthcoming and that admission now anchors the prosecution's evidentiary foundation on the arrest itself the officers decision to apply restraints away from the public corridor reflects compliance with de escalation principles and respect for the subject's dignity in a crowded space double locking the handcuffs is standard agency protocol it prevents unintentional tightening during transport and protects both the subject and the department from unnecessary liability officer grades the officer receives a B procedurally sound throughout effective interview technique correct evidence preservation and measured use of force the one vulnerability the absence of a Miranda advisement on camera before the definitive admission was obtained as the detention transitioned toward functional custody a timely Miranda warning would have eliminated any residual suppression risk and produced a cleaner evidentiary record the subject receives a D the underlying conduct constitutes a serious felony his post discovery behavior denial selective consent evidence deletion then admission only under forensic pressure reflects deliberate management of the evidentiary record not a single impulsive error physical compliance during arrest is noted but does not materially alter the legal assessment lessons Learned first deleting digital evidence does not eliminate it modern forensic tools routinely recover files from flash storage even after multiple deletion cycles second pre arrest admissions are admissible anything said during a Terry stop can and will be used invoking the right to remain silent is available at any point not only after a formal arrest third for law enforcement the Miranda timing question is not merely procedural it is evidentiary advisement at the earliest custodial threshold removes ambiguity and protects the prosecution's case from challenges that should never reach the suppression hearing stage 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
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