she come back in push my son inside close the door so I get my son Theos meal wow and I've been going to church and I've been doing good and I've been praying I don't wanna be with him no more you know he's just sad cause he a man is struck six times in front of his child he does not fight back he calls the police she drives away then she calls him back while officers are standing right beside him they probably saw some what happened but happened out here yeah my wife came over here I was watching my son she asked me oh can you watch him tomorrow I'm like I can't watch him tomorrow I got work she like oh you say you gonna help him I'm like I can't she get mad she take my son she come out here she act like she gonna leave then she say you know what you keep her she come back in push my son inside close the door so I get my son I walk this way I come meet her right here I open the car door I set my son inside I'm trying to set my son inside she pushing the car door it like I'm in between she pushing the car door at my back then she kick in the car door then she punch me in my back twice so I come right here I walk right there she get back in the car she get mad she go open the door she come back she snatch the car door open she grab my son thumb down right here and pull off that's what they probably saw they probably saw all that cause y'all yeah so I walk right here she circle back around I got my son I'm on the phone with the dispatch lady while I'm over there on the phone with the dispatch lady she come over there she punched me four more times kicked me twice while I got my son she snap she punched me in the back of my head on my arm she kicked me in my back she snatched my son from me right there she jumped back in the car threw him in the car jumped back in the car and pulled off where she go where she live she live on South Island she told me to tell y'all catch him when you can but if you ask those those people right there sitting under the moon dog sign they they probably I got you they probably saw everything it's like an ongoing thing with her okay do you guys have a no contact order in place no we ain't got none of that why not we had one because this doesn't sound like it's healthy we had one what's up brother we had one previously it was took off because you know we were trying to work things out she living on stuck out I'm living down here I've been helping watching I've been helping watching my son every day this week I told her Sunday I got something to do she get mad she off on Sunday she get mad because I told her I couldn't watch him and and just blow up this is not the first time y'all didn't came over here this like the second and third time y'all been over here because she didn't call them I didn't call them and this time they told us that there was some yeah this time they got physical now she put her hands on me multiple times so what did she so what did she drive she driving in the silver Honda or a Honda Accord an old accord an accord they had given us the wrong address at first they gave us Olivia Street for some reason yeah but see if I would have did if I would have did it she would have put me in jail and and she don't put me in jail before for stuff like that she don't lie on on me before and put me in jail but this time she actually put her hands on I know them people saw it but it happened right here OK because when she when my son was sitting here and I came back walking down to come get him I looked over there and they over there just watching like she know I gotta work at 5 and and and and she put me through the 5 today yeah I gotta work at I work at Outback I'm a chef okay so you are so obviously you said she lives in Stockton so she doesn't live here with you anymore she doesn't live here she just basically just drop my son off in the morning and and then leave go to work and then come pick him up at you guys don't have any kind of custody agreement as of right now no we don't have no custody agreement but I've been watching like like when we when we we did have a no contact order the court told me Monday Monday Tuesday Wednesday I've been watching them every day this week only thing I told her was I can't watch them Sunday cause I got something to do she did blow up I watched them every day last week I watched them she she brought them on Tuesday didn't answer the phone till like like like Friday Saturday I watch them all them days I'm calling her phone she don't wanna pick up the phone she don't wanna answer I'm hitting up she don't wanna answer nowhere won't respond back nothing and I watch them with no pride I've been watching them every day I asked him for one day is a problem one day I don't understand like I I work just like you work like what what's the problem I've been busting my ass and watching him like like we both be half understand we separated right now you living up there I'm living down here but but we still gotta be half she's sitting here steady coming by my house calling problems like like last time she came over here my mom told her she don't want that around here yeah because like we could get in trouble for being over here for being in housing this is the third time she came over here with nonsense the third time we can't go to her house and do that she had a sheriff's right there waiting for us it's like why you coming down here causing a problem at our house told him I'm done with it man you don't put your hands on me man I'm not I'm not gonna no I'm not going for that you going to jail simple as that you ain't got no reason to put your hands on me I ain't touch you ain't did none of that what you putting your hands on me for what you kicking the car door I'm sitting here trying to put our son in the car why you kicking the car door while I'm in between it so she was kicking that that was her car door yeah she was kicking the car door while I'm in between the car door okay and I know these people would I know they were watching everything I know it well where was the car that was the car parked here right here it was parked here and that was OK right here on the corner it was parked when she hit you a couple times in the back yeah you were further down that way I was down that way OK so they would have seen the car park but not that part yeah they would they would have seen the the her hitting me right here but they ain't seen her hit me down there but it was some people down there like driving across when she was hitting me they're not there now though no I'm telling you I'm sure these people saw a lot of what went on because they were there they they were there talking about sure they seen a lot well like what I mean there were two people sitting here yeah they no they can't they showed up after they can't after okay see cause she was parked exactly right here you call me daddy right now what is going on you got any of the family down here with you or you uh I'm a local I'm I got well I'm talking about like so like if you were to take this to court right and try and get custody are you trying to get like yeah but I mean I mean cause it's like nine times out of 10 they gonna tell her she gonna have a no contact'cause 'cause he was involved when this happened so they gonna tell her she can't be around them anyways well so but I'm well so what I'm saying is from the sounds of it is this is the third or fourth time this has been going on we need something put down in place yeah I got it when you guys when you go to make exchanges did they uh yeah they told me the same story you did told yeah they were all pretty uh should buy it it's like a she threw the kid down to and you I know you mentioned that do you have any injuries no hey so they they said they said one thing that I was trying to clarify they said she was trying to close the door but somebody's let it they I was in no I was in between it I was in between the car door okay and she was kicking it and pushing it okay so maybe that was that you were the one in the way not the yeah I was in in between the car door trying to put my son in the car seat and while I'm doing that okay so she pushing it and and kicking it while I'm like this the whole time trying to put him in the car seat okay um I gotta get we gotta get a lethality assessment oh yeah I'll do it you got uh yeah we got we got a few questions we have a it's called a lethality assessment it's um required by Florida law now that we have to provide this cause it does fall under domestic um you guys have a child in common so even though under separated right now you're still domestic alright alright um it shouldn't take it's it's got a few questions in there and basically yes or no questions I will just go down the list answer them for us and then so when you were there was the door was hitting you in the shoulder somewhere no it was hitting me like on the back like in the leg in the back area like okay just like like kicking it and it was like I was leaned in so it was just like could you raise up the lower back so I can see if there's like any like markings okay I alright I don't see any yeah like it was like while I was leaning in it was just yeah it was probably like the handle part like the the plastic piece like it was just like like I was like a wedge like I it wasn't able to close so she was just like boom boom it was just like boom I gotta go through this right before work listen I mean I know it's it's probably not something that you want to have to deal with but please look she calling me now she's calling now yeah I don't wanna talk man you going to jail where is his shoes at you going to jail where's his shoe bag what was she's asked for his shoes yeah like like I got his shoe I don't got his shoe he had everything on him you really gonna want to take this up to the courts and figure something out some sort of agreement whether it's you have to do it in a public place where you guys make an exchange that way things are just don't escalate and get to and then something was written down on paper so you have him certain certain days so Monday to Wednesday or whatever you said Monday to Friday like whatever they can come up with if you guys want to still share the custody come up with some sort of agreement that way in the courts that way we have something that we can assist and prevent this from going on and happening anymore especially if this is the third time it it been more time than that yeah well I mean that's the third time that we've been called from what you were saying that we've been out here so it's something that we don't want who does she live with she live alone huh live alone I'm gonna tell you right now that based on what you're telling me and what they're telling me she's gonna end up going to jail with that's all right okay I'm saying there's a kid there where do we is there you can bring him here yeah my sister here she'll watch him till I get off work here yeah we'll we'll we'll see if we can find a girl from there alright this shit crazy this shit crazy ouch I just made them just tighter you didn't you forgot to lock it just signal 14 my body cam died a while ago probably a little bit ago ouch you forgot to lock the handcuffs oh they tighten up yeah well we're going across the street can you at least play some music please like just play some like a Squilla Swerve Squilla yeah G by G Herbo and make my ride to jail a little nice or something please theos meal wow and I've been going to church and I've been doing good and I've been praying and I've been I've been succeeding you know I got my license for for a nail technician like I was really being a bad bitch you feel me you look like you were I was but it's always with him look at all my records bro it's all with him everything's with Timothy Swerve by G Herbo and Squilla the under one I mean underneath yes and put that shit loud as just let me think about fucking life sorry I don't mean to be demanding what let's make this shit go viral Jacob hot spit up out the whip swear Jacob hot spit up out the whip swear smooth ride huh yeah bad and the worst part was that my the worst part is that what what'd you say save what oh that that song oh yeah it's pretty cool so what is the process it's been like two years since I've been up in the process and who's working right now Rodriguez I don't work nights I haven't been why would you arrest me out of both of us I thought I was your dog you was I mean it's still are I guess but I mean so we still are friends are you sure yeah can I take my seatbelt off hold on hey no one no one is home every day some new shit beefing with my life still rich hey half a million dollar whip I'mma be in jail forever the ass gonna get it you know he just sad cause he don't he I don't wanna be with him no more you know he's just sad cause he I don't wanna be with him no more like I'm doing way better than him you know what I'm saying like I'm doing better without him the question is not whether a crime occurred the question is what law governs what duty it imposes on officers and what happens when the legal system meets a pattern it has seen before Fourth Amendment Foundation The Fourth Amendment requires that any warrantless arrest be supported by probable cause this is the constitutional baseline everything else in this analysis builds from it United States versus Watson 423 US 411 1,976 The Supreme Court confirmed that law enforcement officers may execute a warrantless arrest in a public setting when probable cause has been established Illinois versus Gates 462 US 213 1,983 probable cause is not a checklist it is evaluated under a totality of circumstances every relevant fact in the officer's possession counts toward or against that threshold three independent facts satisfy probable cause here first a detailed internally consistent victim account corroborated on cross examination second the suspect's own statement reflecting consciousness of guilt third eyewitness accounts from bystanders confirming the assault Florida Statue Section 741 283 mandatory arrest when an officer determines upon probable cause that domestic battery has occurred arrest is not discretionary it is a legal obligation the officer has no lawful alternative the Legislature enacted Section 741 2 283 specifically to eliminate inconsistent enforcement research showed that when officers used personal judgment victims was disproportionately left unprotected and perpetrators disproportionately avoided accountability Florida Statute Section 741 to 28 Domestic Violence Definition domestic violence includes battery committed by persons who share a child in common regardless of whether they were ever married or ever lived together key legal point separation does not remove the domestic violence designation the moment two people share a child any battery between them falls under Florida's domestic violence framework for the rest of their legal relationship Florida Statue section 784 dot 3 battery battery is defined as intentionally touching or striking another person against their will or intentionally causing bodily harm intent plus contact equals the offense the absence of visible injury does not eliminate the charge Florida courts do not require documented physical harm to sustain a battery conviction the act of striking against another person's will is sufficient on its own Florida Statute section 741 2,902 Lethality Assessment Requirement officers responding to domestic violence calls involving a shared child are now mandated by Florida law to administer a standardized lethality screening the instrument is derived from Doctor Jack Campbell's Dangerous Assessment developed at Johns Hopkins University after decades of domestic homicide research it identifies the risk factors most predictive of escalation to lethal violence two statistically significant risk factors are documented in this case first a prior pattern of repeated police involvement at the same location second a documented history of controlling behavior by the suspect toward the victim Florida Statue Section 787 dot 3 interference with custody when the suspect physically removed the child from the victim's arms and drove away a second criminal exposure was created separate from the battery charge Florida Statutes Section 39 301 Mandatory child welfare inquiry when a child is present during domestic violence and is at risk of harm Florida law mandates a formal child welfare referral this is not optional for officers Atwater versus city of Lago Vista 532 US 318 2001 The Supreme Court affirmed that the Fourth Amendment permits custodial arrest for any criminal offense when supported by probable cause including misdemeanors Graham versus Conner 490 US 386 1,989 all force applied during an arrest including physical restraint must be objectively reasonable from the perspective of a reasonable officer at the scene handcuffs not double locked after application will tighten under movement this is not a minor oversight under Graham versus Conner unnecessary pain caused by avoidable restraint errors falls within the use of force analysis body cam that is not recording during an arrest creates a documentation gap that directly affects the evidentiary record any Miranda advisement given without camera verification becomes a credibility dispute in court lessons from this case a lapsed no contact order is not a neutral fact it is a documented prior legal intervention that once removed leaves the protected party with no mechanism to compel compliance before violence recurs the absence of a formal custody order does not create a legal vacuum it creates a recurring crisis point every unstructured child exchange is a potential scene of domestic confrontation without legal boundaries to contain she called him while officers were standing beside him she knew the arresting officer personally and asked why she was the one being arrested she said her criminal record is entirely connected to one person the man she just assaulted the charge is domestic battery the case is currently pending what the court decides and what charges the prosecutor actually pursues raises questions this footage alone cannot answer was a child welfare referral filed will a custody order now be sought will the interference with custody exposure ever be charged and what does a pending case mean when the pattern has already repeated three times