She's drunk. Key's drunk. Have a lady who's drunker than >> a $25 damage call. Three felony charges in under 3 minutes. What legal principle separates the two? >> [music] >> Heat. Heat. >> [music] >> Hey, here's the lady that pulled this off. [music] >> Trying to get in over here. I don't know who's here. [music] >> I was just bringing her a warrant. The person that's next to her apparently is her father. Okay. >> Okay. >> Did you have anything to do with the lift? >> Did you get mad at a lift? >> I can try to get him. >> Did you get mad at the lift driver? >> Mad lift driver cuz he described you to her too. I didn't have on my phone. >> Huh? >> I didn't have books on my phone. >> No, I know. >> You didn't say you're the one. >> No one said that. You ordered it. But >> he said you're the one that damaged the phone. I literally been in the back of Coyote ugly attack the entire time. I came out to change out of my heels, brought her out of water, and then came over here. >> I haven't even left. No problem. >> All right. Well, for right now, we're doing an investigation right now for criminal mischief. >> I promise. >> All right. We'll we'll verify that and then after that after that then we'll uh >> if it's not you, then it's not you. All right. >> I promise it's not. >> Just give me a second. All right. the K94 fire station. >> What she What was she wearing? >> A jacket. Black jacket. >> Yeah, >> she was holding the lady with the drunk. >> What? What? What color was her hair? >> I think it's like dark blond dark skinny. >> She wearing a red shirt underneath. I >> think so. Would you be able to identify her again? >> If you drove by, met me down at the corner of the 509, would you be able to tell me if it was her or not? >> Yeah. >> All right. Hey ma'am, do you mind doing me a favor? Face the roadway. We'll >> just look at the roadway for a second. >> Yeah. >> And then now you can turn around. It's >> not me. >> No. All right. Cool. >> Here's that for you. >> Lady and two guys. >> Oh, right over here. >> Yeah, we're standing over there. >> Hey, give me a second. How would you guys have time? Thank you. >> I did it. You're doing your job. I said I'm not worried. It wasn't me. >> Yeah. Good luck. >> That one. All right. >> So, Can you step back? Wow. Jesus. >> You offended? >> No, I'm not. I'm not offended. I understand what you were doing. No, no, you're good. Uh, so >> you're just really loud behind us. >> So, I guess you guys ordered an Uber, right? >> We did. >> All right. Did you guys have an argument with the Uber? >> We did not. He pulled away. >> He pulled away. Did someone pull off >> that side of the road versus this side of the road? We disputed it on Uber and I can show you. >> Okay. Yeah. Did Did someone pull that on? Did Did someone pull off his uh back >> with the wiper >> try to stop him in any way? >> No, that's what that's not that was on our Uber. This is our Uber that he ordered here. >> A lift. [music] A lift. Not Uber. >> Whatever. Ride. Whatever. >> This is our lift that he has just ordered and we're just trying. >> His whole dispute was we were on that side of the road and not on this side of the road. I think his dispute was that there was a intoxicated lady that was too intoxicated. >> And I'm more more than willing to show you on Uber what he disputed it as. >> No, no, no. I got Did he write something on Uber? >> Yeah. Yeah, that's what I'm saying. Yeah. Yeah. I'm more than willing to show you my phone cuz >> Either way, someone pulled up. Watch out. There's there >> um [music] >> uh someone rebooted it right now because he's >> What happened is that So you can't reinforce. Well, you know, >> I'm saying whatever happened with the >> the car. Did anyone hit the car? >> Not that he's that's what he's claiming and there's damage to a car. >> Okay. >> And he's pointing to you. >> Did he set something? >> Fine. Uh, >> yeah, I'm good, man. >> Happy New Year with you in a little bit. >> You out? >> Hey, whatever you got going on, let's just get it resolved. I'm not sure what happened. >> That would be all right there. Get around. >> Okay. All right. I got you. >> Whatever you need to do. >> Give me a second. >> What's going on, boy? Uh, just damage to a vehicle. >> All right. >> That's her right there. >> That was the one that I was talking to. >> Yeah. >> Okay. So, I mean, she's intoxicated. They're both intoxicated. All right. How I mean, there the damage is less than $25. Because when I looked at it, you're able to connect it back on that it comes all together as one piece. [music] >> I said >> I will be more than happy. >> Okay. I will be >> I'll help you with I can put over immediately. I got to completely revoke. >> I understand. But we're in an investigation right now. >> If if you guys are trying to get her out, we can get her out. >> Really disputed with Uber for what the fact he did. >> I know, but we we got to get both sides and we got to figure out what's going on. >> We'll stay all night long. I'll stay all night long. >> I know you are. I will see who you're asking. I love you, but you got ID on you. Yeah. Where's my Where's my >> plug? I mean, I just want a replace. >> Yeah, I get that. Um, so Hey. No, I know. But she All right. Um, I would contact the company then. >> Huh? >> Yeah, >> lift. >> Oh, you could do lift and then >> lift. I'm doing >> lift it through. Yeah, I think you already disputed the charge for them, right? And then >> what I did, I just cancel the ride. >> Just cancel the ride. I would Do you do you have some kind of tracking? >> I was trying to pull it up, but I can't. It's not coming up. I know sometimes you can get with the company about it. >> Um, but is it really worth $25 to take someone to jail for right now? >> I'm just going to start kicking my car up, man. I was >> No, I get it. And like I said, I've already assessed the damage, obviously. Um, and she's drunk. He's drunk. the other lady who's drunker than them. And I'm glad you didn't take them because they would have that throw up would have been in your car. >> Yeah. >> So, uh yeah, we'll talk to her obviously. Tell her, you know, she could have been charged all that, but [music] >> Hey, come on. Let's get out of the road. >> Hey, no. Come over here. >> Stay over here. She needs to get them home right now. >> I'm more than happy. I called the Uber. I did every ID. >> You got Okay, so you can go over there, but I need her. >> But I did everything. She did nothing. >> Okay. >> You got an ID on you? >> Why do you need my ID? >> Because I need to identify who you are because I'm in investigation right now. >> But you didn't do anything. >> Because somebody is claiming that there's criminal mischief here and that you broke his car. >> So I need IDs from you guys. >> Yeah, I don't think so. Uh, >> I called you. I need >> I need your ID. >> I need your ID. >> She doesn't have it. >> I need your ID. >> Yeah, that's not happening. >> I don't know. >> We're more than willing to help. We're more than welcome to help. >> But there's two sides of this story and it's a whole another >> I don't need your card. I need I need your ID. >> Don't walk away. Don't fight. I don't know. >> We're done. >> Back up. Back >> up. We're good. There's no need today. What are we doing right now? We're good. [screaming] >> What are we doing, guys? >> We're going relax. Relax your hands. >> What are we doing, guys? What are we doing? >> What are we doing? >> You got your hands? We have >> Yeah, I know. >> She did nothing. What are we doing? >> What are we doing? >> What are we doing? >> What are we doing? >> Relax. Get off me. >> Get off me. >> What are we doing? >> What are we doing? >> What are we doing? >> Give me your other hand. Give me your other hand. >> Relax your other hand. >> Do you not resist right now? >> Give me your other hand. >> I have no idea. >> Don't resist. >> Give me your other hand. here. >> Guys, what is wrong with you? Get off me. >> I am not a me. I am not a prank. >> Get it off of me. What is wrong with you? >> What is wrong with you? >> What happened? >> Let me just stay with me. >> Uh, yeah. Hold on to that, actually. >> Okay. Just stay with me. Don't leave. >> Don't leave. Don't leave. >> That's our phone, right? >> Yes. >> That's my phone. >> That's our phone. >> Don't leave. >> Hey, you're being charged with battery. Lo >> for what? >> You just hit an officer. >> That's battery. >> Why were you battling me? Why were you >> relaxing? Don't fight. Don't fight. >> You already searched her yet. >> Do not leave. >> I will never leave. Don't leave. Don't leave. Don't leave. >> I will not do. You'll leave. Okay. You leave. You leave. Unbelievable. If you had a six-digit code, what would it be? >> I asked her to identify herself. She tried to walk away. So, I grabbed her hand and she turned me over. >> I saw that. >> She turned back. >> Don't leave. Don't leave. Please. I didn't do anything wrong. >> Do not resist. Do not resist. >> Okay, fine. I'm going to fight this girl, but I'll beat the [ __ ] out of her. Don't >> Yeah, the other guy. Yeah, those were my cuffs. I was looking for my cuss. I was like, I don't have a cuff. >> I was calling all. >> So, we were doing a uh investigation for criminal mischief and uh >> she refused to identify herself to officer Knox. when Nox uh went to grab her arm. She swung her purse at her face. >> Hit me with >> hitting hitting her with the fa in the face and then obviously we sued. >> Pull up. Pull up. Pull up right there. >> We pursued and after bringing her to the car, she can just take my watch off. >> You want your watch off? >> I don't know. Just do something with it. >> Yeah, absolutely. We're going to take that watch off. All right. You able to search her? >> Yeah. >> Stand up. >> Okay. >> I'm sorry. >> I apologize. You understand? >> I understand, but it's a little too late. >> At this point, you at least understand. >> Uh, is it? >> That's the only transport car we have. We're going to put her in your car. >> At least put my um lunch in my PL so it doesn't get trashed. >> Yeah, it's not. >> Do you want all your stuff with her? >> Yeah. >> Yeah. Okay. >> Hey, are you kidding? Are you kidding? >> No, I'm not kidding. You're a [ __ ] [ __ ] >> Set it in the car. Sit in the car. >> We got you, Nicki. Let her know we got this. >> Calm down. We're good. We're good. >> Go right to >> You take her out. >> I don't have her name. She freaking me. >> No, no, no. The guy said the guy who work the statement. All right. The phone. That's his date of birth. This is the phone number. I call him when you guys were ready for his statement. >> Uhuh. No, he stay >> Oh, he said he had to go. I didn't I didn't know what this >> I told him he had this. >> Oh, okay. That's >> Well, if he want he wants nothing to do with it, then it's fine. >> Well, he did. He said call me when you guys >> No, we're not going to play. That's not how that works. >> You guys have load up. >> Actually, may as well. You want to be right up the other one. So, >> yeah. Back in the car. car. >> I'm gonna have to do a supplement because >> Hello, dude. >> How you doing? >> Crazy. >> I got a weird night, man. >> Weird people everywhere, >> dude. I've been tackling people left and right tonight. >> Six people kicked out of one bar and like weird. We got to We had to run. >> She's looking for me and physically kicking me. >> I know. She kicked me in my chest. She was getting good. You all right? You want some water? >> Uber driver. >> I have water, Red Bull, whatever you need. Love it. Be safe. >> Yeah, man. I'll see you later. >> All right. Anything I can do? >> Now she going to jail. >> She's got >> She kicked me. >> She hit her with a gun. I tried to tell her don't do that [ __ ] >> Obviously, she had too much to drink tonight without a doubt. But this didn't have to happen. Hey, I'm sorry for this. >> When does a citizen encounter become a lawful detention? When does declining to cooperate become [music] a separate crime? The answers are settled law. The consequences are not. Terry v. Ohio, 392 US, 1,968. Brief investigative detention is constitutionally permissible upon reasonable articulable suspicion that a crime has occurred. US Arzu 534 US 266 2002 Reasonable suspicion is evaluated under totality of circumstances. No single factor is dispositive. All factors are aggregated by the [music] court. Neil v. Biggers 409 US 188 1,00 972 Manson v Braeighteight 432 US 98 1,000 977 field showup identifications are permissible when reliable under totality of circumstances at the time of the identification procedure. A negative showup result extinguishes reasonable suspicion as to the identified individuals as a matter of law. Continued detention requires independent articulable facts connecting new subjects. Florida statute 86.131 B1 criminal mischief property damage under $200 is a secondderee misdemeanor. This is the minimum criminal threshold under Florida law. Officer discretion doctrine officers may decline to arrest for minor misdemeanor offenses where proportionality analysis disfavors charging. Tension authority remains active. Here Belv 6th Judicial District Court of Nevada 542 US 177 [music] 2004 the Supreme Court held that providing one's name during a valid Terry stop does not violate the fourth or fifth amendments of the US Constitution. Refusing identification during a lawful Terry stop does not extinguish the officer's detention authority. It creates [music] independent criminal liability under state obstruction statutes. Florida statute 843. Two resisting officer without violence departing from a lawful investigative detention constitutes obstruction of an officer in the execution of a legal duty. First-degree misdemeanor. Florida statute 784 7b battery on law enforcement officers. Any knowing and willful battery upon an officer during lawful duty constitutes a thirdderee felony punishable by up to 5 years imprisonment. Graham v. Connor 490 US 386 1,000 989 Force reasonleness is assessed from the perspective of a reasonable officer on the scene at the [music] moment of decision, not evaluated with hindsight. Each discrete act of battery against each individual officer constitutes a separate and independent felony charge. Florida statute 784.72B applies per officer per act per contact. Florida Statute 843 to1 resisting officer with violence knowingly resisting. Opposing or obstructing an officer through violence during lawful duty constitutes a thirdderee felony under Florida law. Legal lesson one. A valid Terry stop compels limited but real cooperation. Declining identification does not invoke fifth amendment protection. In this context, it creates simultaneous exposure under heel and state obstruction statutes. Legal lesson two. Physical resistance during a lawful arrest [music] does not constitute protected conduct. It activates Florida statute 843. One and elevates all prior misdemeanor exposure to concurrent thirdderee felony prosecution. Legal lesson 3 officer discretion to resolve without arrest can [music] be extinguished in a single moment of physical resistance. Procedural compliance is the only legally protective choice available at that stage. The underlying offense carried a maximum of 60 days and a $500 fine. The resulting convictions carried a combined potential of 15 years imprisonment. At what precise legal moment did the calculus become irreversible? Was the investigative detention constitutionally valid at the moment the ID demand was made? Did the force response fully satisfy the uh Graeme standard under the facts presented? The law [music] provides the framework. The footage provides the evidence. You decide. >> What's going on? >> My boyfriend left. >> Your boyfriend left. Okay. We're going to figure everything out. Okay. Got it. You came back over today. For what purpose? >> An intoxicated woman enters her boyfriend's home without permission. Deputies release her with zero charges. 60 seconds later, she is in handcuffs again, facing a felony. What went wrong? And what does the law actually say about every decision made in this encounter? >> What's going on? >> My boyfriend left. >> Your boyfriend left? Okay. >> How long have you been staying here? Like uh >> 3:00 no 5:00. >> Do you live here? >> No. >> Okay. >> So he said that somebody was nearby. So that's why And you match the description. >> So I'll be on 63. >> Okay. >> Hey, you need to come back cuz my car key is in his house. I don't know where he said I don't know. Can you tell me that? No. I just want my [ __ ] my >> Okay. >> No, I gave him everything you need. >> Mhm. Was the door open? >> Yes. >> 3713 107. >> Okay. >> I was sleeping over there. >> You were sleeping over where? >> Like 5:00. I came back. I slept over there. I waited for cuz I want to go home. What time is it right now? >> Uh it's almost 3:00 p.m. >> Okay. Okay, I've had it now. >> Okay, do me a favor. Put that down real quick. >> This is >> Yep. >> Pass 107. >> Thank you. >> And then until I get stuff figured out, I got ID. >> I'm going to put you in handcuffs. You're not under arrest. >> But until I get stuff figured out, you got to go >> stand by 373. I'm trying to race. >> But just for now, just until we get stuff figured out. Okay. You're not under arrest. You're being >> 37 trying to race him. >> So do me a favor and turn around. >> All right. And then put your hand behind your back real quick. We're going to figure everything out. Okay. >> I can. >> Yeah, please. >> Yeah, sure. >> Wait. >> All right. Those aren't too tired. All right. >> Interruption. Sigma 12. I think you went southbound on 600. >> Yep. Just stay there for right in the second. Okay. I got to make sure that these don't lock tighter on you. Okay. 311. I have a As agent female detained for the time being. >> Have a seat for me. >> Okay. All right. I'm going to help you out. All right. >> Can you tell him to come here? >> Okay. >> Right now. Hang on. >> So I can't go home. >> Okay. Stay right there. Okay. All right. I don't have anything I can I can put over you for now. Okay. To protect your your breath. >> Okay. I'm going to read you this. Okay. >> Yeah. >> All right. It says, "You have the right to remain silent. Anything you say can and will be used against you in the court of law. You have the right to talk to a lawyer and have him present with you while you're being questioned. If you can afford if you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish. You can decide at any time to exercise these rights. Do you understand? Okay. Um, what's going on today? What happened last night? You got driven somewhere by deputies, correct? >> Okay. >> I went home. >> You went home. >> So, I got arrested. >> No, I'm I'm asking you. So, you went home last night, right? said, "I came back." >> Okay. >> Cuz I gave him a threesome. I deserve the [ __ ] sex. >> Okay. So, you gave him a threesome. Got it. You came back over today for what purpose? >> Because I want to have sex. >> Because what? >> I want sex. >> Because you want to have sex. Okay. I feel in so long. I even keep this song. >> Okay. So, you came back over to have sex and when he didn't answer the door, you did what? >> No, the door open. >> The door opened up. Okay. But he told me he he told me he locked it. So, the door wasn't locked. Okay. So, the door was unlocked. The door was not unlocked. No, I was slipping whole time. >> You were what? >> I was just slipping whole time. >> Okay. Did you open the door? >> No. I mean, yes, I did. >> Okay. Was it unlocked? >> No, >> it was locked. So, how did you open the door? >> I unlocked it. >> You unlocked it? Okay. Um, do you want to call the complainant cuz this I don't know exactly what's going on now, but he says the door was locked. She was driven back to her house >> last night. >> Last night and he said that he saw her kicking the door. Door's open. >> Okay. >> So, >> and >> Okay. Okay. Um, how did you open the door? >> Door was open. >> The door was open. Okay. But you told me >> side of door was open. That's why I got into it. >> The sliding glass door was open. the side door. Okay. >> I've been with him 60 years. >> 16 years. >> 60 years. >> 60. How old are you? >> No. 6 years. I'm >> 6 years. Okay. You've been with him for six years. >> Can you cover my [ __ ] titty, please? >> I don't I don't think there's any way to to cover them due to the, >> you know, but that's a [ __ ] race. Okay, let's see. I don't believe that we're going to be able to cover them. >> I need to go home to myself. >> Okay. >> I want to my car. >> So, if you'd like to lean forward, you can cover yourself with that possibly, >> but I can't. There's there's nothing I can cover you with for right this second. So, give me give me just a second. Okay. Okay. So you you got into the house through the sliding [snorts] glass door. He she said the side door was open. >> Which door? >> Apparently side door. >> Okay. Side door open. >> You going to police me for real? >> Ma'am, stop. >> Do you give me consent to kind of go in and see where she ended in? 1076. >> Okay, let me let me call you back. We got a lot going on here. I'll give you a call back. Okay, >> ma'am. I need you to stop. >> Probably a window. >> I didn't know. Oh my god. >> Do you say 1054 for 30? >> No, I'm not. I'm going to not touch you right now. I don't want to do any of that. >> Huh? >> I thought your hand. >> No. No. I'm just >> Oh, yeah. >> Oh, [laughter] >> hey. Hey, I'm going to get a jacket. A rain jacket. >> My apologies. It's Lima 0788 26.9 >> 26. >> Okay. We're going to bring you a rain jacket so that we can cover you up a little bit. Okay. >> All right. Here you go, man. Chill back. Put >> over the front. Put on the fire like that. >> Stay sitting back. >> Okay. If you sit back like that. >> Like that. >> You're fine. Okay. >> So, he can accept it before prosecution. >> Okay. >> So, >> just how So, you said you've been dating him for for 6 years? >> Yeah, I've been with him six years. I gave him a threesome last night. I came back because I want a [ __ ] sex, too. >> Okay. Um She He said, "No residency here." Um, never had a key. Was never given one. Never given her permission to go inside. >> So, I got to go to jail. I'm going to go to jail. >> That's That's not where we're at right now. >> Okay. So, >> so >> he said she's never had access to come to and from. >> Nope. >> Okay. >> And then just my car. >> He doesn't keep a spare key here either, so it has to be a window or the glass door, she said. >> Okay. Well, he's going to have to come and sign a refusal to prosecute. I think I'm >> cuz he's going to have to come over here cuz that's I mean that's burglary. >> My car key at least trespassing or breaking and entering whatever. >> Oh yeah. Yeah. Mr. Judge. >> Hey Steph out of the sheriff's office. I need you to uh swing by the house because you don't want to press it press charges for what's going on. I need you to sign prosecution. Joe apparently doesn't want you here right now. >> If you come here and sign it, I'm not lying. No scheme, >> which means you can't come back. >> I just don't want my car. >> Okay. Well, you're intoxicated, so you can't drive right now. >> Well, uh, that's what we're trying to do, bro. I need you to come here and sign the paper. >> So, the the issue is that you're intoxicated. You were intoxicated last night, which is why you got a ride home. It's now still 300 p.m. the next day and you're still intoxicated. Still drinking a spiked coconut water. Isn't that that's what that is? >> Coconut water is intoxicating. >> But that has liquor in it, right? How are you? >> No, it's coconut water. >> Okay. Are you intoxicated? >> I didn't know. I've been too, right? >> Yeah. >> Cuz I don't have those. >> I wanted to go home, but I don't have work yet. I don't have my phone. >> Okay. But you were home in deep. >> You were already home. I know you want your car back. >> How'd you get over here? >> My friend, you know, drove me here. >> Okay. Did you tell Joe that you wanted your keys? >> No, we've been, you know, gone. >> Okay. Well, how's Joe supposed to give you your keys back then? >> I don't know. >> Well, you need to communicate. a chance to talk. >> Okay. Did you get out? And now he go to police. I be keep telling like I don't have a car key. >> Okay. >> I don't have my phone. >> Where's your phone? Inside. >> No. >> At home. >> Oh. >> Why'd you leave it at home? >> Do you ever love? >> Yeah. >> I would love >> your what? He's in a taxi shoe. >> Okay. So, so listen, the the issue >> I'm so embarrassing. I'm not here. >> Okay. Well, the issue is is that you you basically broke into his house. >> No, I don't. The side door was open. >> Okay. Did you have permission to go in? >> Why not? I I I have it down to buy his house. >> I'm sorry. >> I put the money on to buy his house. >> You put the money down to buy his house? Yes. >> Okay. Are you on the leash? >> No, he took it up. >> Okay. >> All 3 41165 taking all 1734. >> I put so much money. >> Okay. >> Yeah. >> 1047 at the Brmley Road trail head. 2820 Brley Road. >> We got a 99. >> Give me one shot. >> All right. 22 at this house with a female and a leopard one last night. Basically, they got separated. She was driven home by deputies and he uh left. He comes by today, sees her banging on the front door, keeps driving, calls us. She's inside the house when I get here. He's saying that she doesn't live here. Uh she doesn't have a key. She's not on a lease. Um and she she says she got in through a side door um that was either open or unlocked. I don't know what her definition of open is. Um they've been apparently together for 6 years. Whether it's been continuous or on and off, I'm not sure. Um and she came over to have sex with him and get her car keys. He says he doesn't want to prosecute on anything, but I'm trying to think of exactly what I have. And I Is it trespassing in an un an occupied dwelling? That's what he said. She She doesn't live here. Um stuff like that. Not yet. She's saying that she put money down on the house for him. Apparently, she got driven home to her house, which isn't here yesterday. Miss Lee, you don't live here, correct? Okay. She said no. >> Correct. 512. 511. >> Okay, I appreciate it. >> Correct. Yeah. Okay. Thank you. >> Hey, Delgato. >> She's not 105. So, I'm going to get her out of handcuffs. >> Yeah, absolutely. >> So, Lee, I'm going to take the handcuffs off of you, but until we get stuff figured out, I need you to stay over here. >> I'm not going to do anything. >> So, stand up. I'll make sure this stays. Go ahead and stand up. >> It's okay. >> Stand up. I need you to take what I do wrong. >> Turn this way. Turn this way. >> I'm trying to take them off you, so stay still. >> Stop. You're making a scene. Stop. >> You're making a scene. >> Yeah, I'm good. >> Face that way so I can take >> I'm so mad. I understand that you're mad, but you're making a scene. >> Okay. So, just like that. >> All right. So, this is all going to be your info I need you to fill out. When you're done, you're going to go down here and say, "I do not want to press charges on her name." >> So, she doesn't get arrested. Nothing. Right. >> As long as you say that. You told me on the phone. >> Not not press charges. Right. >> Right. So, you got a plan already? >> Uh, >> yep. It's not working, Emanuel. >> It's just, uh, in situation like this, sometime it's emotional. You know what I'm saying? So, >> I get you. >> Keep a level head. >> Yeah. The quicker you get this done, the quicker we could get her out of here and all done up. Okay. >> I'm so sorry. It's not you. I'm so [ __ ] upset. >> I gave that [ __ ] Theresa last night. Oh my god. >> Oh my god. >> You're causing so much more people to look at you. So stop. You're embarrassing yourself. >> Take a deep breath. It's going to be fine. >> He's signing this. I already gave him a business card. Um I'm going to email the pamphlet to him and then we just got to get her out of here. >> He doesn't want to trespass. He doesn't want any charges. No, nothing. >> He doesn't want to press charges on anything today. He doesn't want to trespass, >> sir. just to confirm we're on the same page. You don't want any charges pressed. You don't want to trespass. >> She just intoxicated and I don't want to be in a position where something >> I get. Wanted to make sure we were on the same page. All right. >> All right. Just keep working on the statement form for me. All right. >> Yeah. You are >> that's 85. And okay, >> you just want her gone. >> So, Lee, you are intoxicated. So, you're not capable of driving away right now, but you can take your car keys, go home, drink water, eat food, take a nap, and then come get your come get your car later on. >> Well, I don't have a mobile phone. That's why I've been asking. >> Do you have Do you know your friend's phone number? >> Does he know your friend's phone number? >> 15. >> What the [ __ ] >> Where do you live? Do you live at this address on here, Lee? >> Yeah. Where's that? >> Where's Bayside? Is that three side? >> Bayside Loop. >> Yeah, >> that's how far at 53, I think. Let me just I'll have support check. >> True. Do you still live at the 55? >> Hey bud, >> coming man. >> What's up? >> I'm trying to find my license. It's kind of confusing now. Do I really have to? I gave my social data. Is that good enough or what? >> Uh, let me see real quick. Just keep working on it and if it's a problem, I'll let you know. Okay, that's your social. Okay. So, if I give you a ride back to your house, are can you get in your house? >> I don't know. That's my key. I just want to >> What do you mean you don't know if you can get in your house? >> So, if we get your car keys, can you go back inside your house? >> Yes, I want to. >> Wait for me, please. >> Stay there. Joe, do you know where her car keys are? I called him back and he said her keys should be at our house. Joel keys >> her keys and her phone should be at our house. >> Okay. >> He said that your keys and your phone should be at your house. >> I bring my car. >> Okay. But did you have your keys? >> Of course. I remember that she got escorted by the deputies back to our house last night. >> Okay. So, did you drive over here? >> No, my friend did. >> Okay. So, where are your keys then? >> I don't know. That's >> okay. So, you left your phone at your house when you came here, right? >> Last night she was intoxicated. >> Mhm. >> And the deputies took her home after she drove there. She drove there and then the Is this parked in the same spot from yesterday? >> But I'm saying, is it parked in the same exact >> tires and everything? >> Yeah, she doesn't seem to remember that part. >> Okay. >> You called a [ __ ] police, >> I did not. [screaming] >> Leave. >> Leave. Why are you You need to stop. None of this is helpful for you right now. Okay. >> Okay. I want you to go home, too. But I'm trying to figure out where your keys are. >> I can't believe that you did this last time. He [ __ ] just let her just fine. Lee, sit down, please. [screaming] >> [ __ ] you. >> Lee, stop. >> I think I do my best or what? >> I'm going to drive you home. Okay. >> Charge. >> Okay. >> Give me a second. cuz once he's done >> Lee stop my >> Lee, what do I need to say to you to get you to understand that you need I'm so sorry if your wife give me three and she [ __ ] you know you don't be feeling good. >> Stop. You need to try to calm down. This is not helpful for you. >> I just want to go back to my country. This is not a [ __ ] question. >> But Lee, I need you to calm down for a second. Can't call the police on me. I got handcuffed. >> Leave. >> [ __ ] you. >> Leave. >> I'm so sorry. >> How can I help you get home? >> Do you want me to drive you home? Okay. We're going to go over to my car and we're going to go home then. So, grab your driver's license and when you get home and sober up, >> I'm so sorry. >> Contact him. I understand. Thank you. >> Listen, leave. Whenever you go home, sleep, drink water, eat, and then call him and try to find out if he has your keys or if they are actually at home. The deputies told him last night that your keys were at home with your phone. Okay. So, we're going to go home. Okay. Okay. So, that's fine. But you can keep that. Okay. >> No, I didn't see any of that. Okay. So, please don't talk to him. We're going to go to my car so that we can go >> [ __ ] for like yo >> [ __ ] out. >> What the [ __ ] is that? >> What the [ __ ] is that? >> Lee, stop. >> Lee, stop. Lee, stop. Lee, stop. >> [music] >> You're not going on. Hold on a second. She want it tighter than that. >> Take it out. Yep. >> There you go. Lock it. Lock it. >> Lee, we're going to stand you up now. Okay. Okay. So roll over to the side. >> So sorry. >> You're not [crying] sorry. Sit up. Stand up. >> I get it. I'll get it. I'll get it. >> I got it. [crying] >> You could have avoided all of this. Lean back. >> So, I'm going down. >> Now you are. >> I don't know why you decided to do that. >> I knew that was going to happen. >> I'm trying to get her home, dude. Not your fault. I just knew that. I knew she was going to do that. >> I told her I said, "Don't talk to him. Don't Don't do anything." And I saw her walk towards him. I'll call her fist cuff back. Mhm. >> She never made contact with it, though. >> No, but she did with you. So, >> um I'm going to put her ID in your cup holder. Okay. So, obviously battery alo. Yes. Um, and that's probably going to be an RTO. >> Hey, we didn't have a choice. >> No, I mean, it is what it is. >> You saw her [ __ ] You saw everything. >> It is what it is, man. >> So, Joe, listen. >> I didn't want none of that. I wanted to go to sleep. >> I know. >> I just wanted to go to sleep, bro. >> Are you going to call Conklin or you want me to? >> Can you do it? You know what? >> Yep. >> Well, I just wanted to go to home, go to sleep. I got you. Listen, I I understand, man. >> So, listen. Can you please go in there and look for her keys? And if you find them, >> her keys is at her house. >> If I find them, of course. >> Okay. >> I refuse to press You have that right. >> Don't worry about it. Don't worry about it. So, whatever you want to press charges for, it doesn't matter. She she swung at a deputy. So, so she's going she's going to jail. Okay. Has nothing to do with your >> What kind of What kind of does that carry? What kind is that a crazy >> It's a It's called battery law enforcement. So, it's it's a misdemeanor. >> Okay. >> Listen, what I need you to do, >> I didn't want that, bro. I care about her. I just wanted to sleep it off. >> I know you care about her, bro. I trust me. I know. But listen, >> she needs to try to help herself. And she didn't do that. Okay. >> Do you have >> I just didn't want to be in a place she swing on me and then she dropped and then y'all come at me and I >> I understand. You did the right thing, Joe. So, listen. Do you have any questions for me before we head out? >> Yo, y'all did y'all did the best y'all could do, man. What can I do? I did the best I could do. >> So, listen. If you have any questions, he you Here's his business card. Contact him via email or call the sheriff's office and say you want a phone call from him, okay? >> If she need help, >> she she can try to call you. All right. >> Take my number. She can have it if she don't remember it by heart. >> Okay. >> I just wanted her to sleep it over. >> You're good, man. Listen. All right. We're going to bounce. Okay. >> All right, bro. >> All right. You try to have a better day, man. That's why I check up on her, though. >> You can call the jail. someone County Jail. It's going to be a couple hours before she's even ready to be released. Okay. >> Florida statute section 810. Defines trespass in a structure [music] as willfully entering without authorization. When a human being is present inside the structure at the time of entry, the offense is elevated to a firstdegree misdemeanor punishable by up to 365 days in jail and a $1,000 fine. The subject is not on the lease, has no key, and was never given permission to enter. Every statutory element is met. The critical distinction between trespass and burglary rests on intent. Florida statute section 8102 requires proof that the person entered with the intent to commit [music] an offense inside the dwelling. Without that element, the charge remains trespass, not burglary. This distinction often determines whether a defendant faces a misdemeanor or a felony carrying up to 15 years in prison. The deputy places the subject in handcuffs, but states she is not under arrest. This is an investigative detention authorized by Terry versus Ohio 1000 968 which permits brief detention based on reasonable articulable suspicion. However, he then reads a full Miranda warning under Burkimer versus McCarti 1000. 984 Miranda applies when restraints are comparable to formal arrest. A person handcuffed and not free to leave meets that threshold, making the advisement procedurally appropriate [music] despite the stated non-arrest status. The subject claims she contributed money toward the property purchase. This is is legally irrelevant to the trespass analysis. Under Florida [music] property law, a financial contribution does not create an ownership interest or right of entry unless the person is on the lease deed or title. Courts have consistently held that informal financial arrangements between romantic partners do not establish tenency or authorization to enter. Florida Statute Section 784 7 subsection 2B reclassifies battery from a first-degree misdemeanor to a thirdderee felony when the victim is a law enforcement officer performing lawful duties. The reclassification is automatic. It does not require proof of injury. Intentional touching or striking against the officer's will is sufficient. The penalty increases from one year in jail to up to 5 years in state prison, 5 years probation, and a $5,000 fine. The reasonleness of the deputy's actions throughout this encounter is evaluated under Graham versus Connor 1000 989 which requires judging [music] force from the perspective of a reasonable officer on scene not with hindsight. The detention was supported by reasonable suspicion. The handcuffing was proportional to the risk posed by an intoxicated uncooperative subject. The arrest following the battery was mandatory, not discretionary. The subject received 18 months probation community anger management and fines, a thirdderee felony carrying up to 5 years in prison resolved with no incarceration. This strongly suggests a withhold of adjudication under Florida statute section 948. One which allows a judge to impose probation without entering a formal conviction. If so, the felony would not appear on her record as a conviction. Three legal lessons emerge from this case. First, entering a property without authorization is trespass [music] regardless of relationship history or financial contributions. Second, a Miranda warning during handcuff detention is [music] prudent even when the subject is not formally arrested because courts apply the totality of circumstances test to determine custody. Third battery on a law enforcement officer is a strict liability reclassification that transforms a misdemeanor into a felony with no discretion required from the arresting officer. But several questions remain unanswered. Was the withhold of adjudication the right outcome for someone who struck an officer? Or does it send the wrong message about consequences? Could the deputy have positioned himself differently to prevent the [music] assault entirely? And if the subject had simply walked to the patrol car as instructed, would this case even exist? What do you think the right outcome should have been? Let us know in the comments below. >> Who's driving the car? >> Who really did it? Who was driving this car? >> Me. >> Okay. Well, why are you saying your friend? Can you see the tip of my pen? Yes. >> Okay. I want you to follow the tip of my pen with your eyes. Your eyes only >> I make half a million. I'm fine. I'm just like that's why I drive a Porsche. I'm just like I'm fine. It's just like >> a minor parking lot accident. Two martinis, one refusal. What followed became a cascade of compounding legal liability. >> You what? >> Like really? >> Yeah. I just need your registration and insurance for the car. It's >> all in the car. >> Yeah, you can get it. >> You do. frozen. >> I don't drive. So, I wasn't planning on driving. >> I like hang out because I saw it crash. >> Wait, your car was crashed into >> 31. I saw it outside, >> huh? >> I saw that. I live inside Jersey. >> This car backed into that car, right? park here. >> Um, I saw that it got crashed into it and they came out to leave. >> Okay. Well, we still need all your stuff cuz you an accident report. >> I'm just confirming vehicle 2 is Mike 34 uniform echo whiskey. >> Do you not know where the stuff is? >> 34 uniform. >> Whose car is it? But I just like purchased it like maybe a few months ago. >> Do you have car insurance? >> Yeah. >> Is it I mean I don't know where you keep it. >> I don't know where I put it to be honest. What did they say? >> She backed into the back car. >> I was just I The only thing I asked him was to confirm that. >> I think this is probably my This is like the best I have. But I'm barely I'm like a very secure person, so I like to like have everything. >> Wait, so I don't understand. You're saying that somebody else got in this car and moved it? No, I'm saying that like everything was fine and then we were like heading back home and then my friend was going to drive home and then everything >> Well, where's your friend >> in that bar? >> She she backed into that car. >> Yeah. >> Well, where's she at? We need her. >> Well, it's fine. I I backed, but I'm going to take responsibility. >> Who's driving the car? >> Who really did it? Who is driving this car? >> Me. >> Okay. Why are you saying your friend? >> I'm going to take responsibility. I don't understand why are you driving or is there somebody else driving that's in the bar? >> No one. >> No one was taking responsibility. So, >> who was in this car and backed into that car? >> Neither me or my friend to be honest. >> Well, somebody got in this car and it moved. >> So, who was in the car? >> Um, me or my friend, but neither Russell. >> There's only one answer. Somebody was in the driver's seat of this car and backed into that car. >> Who was in the driver's seat of this car? Okay. >> Yeah. >> I don't understand why you're being >> You're in the car. >> No. >> And I'm heading back home. >> I don't understand why it's a hard question. It's not a hard question. >> It is a hard question because if you actually ask for an answer, >> I don't even understand what you're trying to tell me. >> I think it becomes complicated because I'm also a doctor and then it makes myself complicated. So, I don't want to be like, >> "Okay, step over here." >> It makes things more complicated. So, I don't want to like >> Yeah. >> And I'm trying to decide if you said you if you were driving and you back in his car or you say your friend was. So, I need your answer of what's going on. >> I mean, I don't think that like anything happens wrong. So, >> it's just minor. That's why I don't understand why >> either. How do you not understand? >> There's probably a camera right here. And if you're not honest, then >> I definitely didn't do anything wrong. I just think I like >> Oh, look. Somebody backed into that little car right there. >> It was not me. >> Was it this car >> for that damage? No, >> definitely not. H >> How do you think so? >> For me, for that damage, cuz it had to be extreme. >> No, it doesn't. >> Well, there's a mark right on your bumper. Oh. >> Well, then maybe maybe you're right then. >> Okay. How much did you have to drink? >> I had two martinis and I wasn't planning on driving home so I was going to stay here and Uber. So, >> well then how the car move. >> My friend. >> See, you keep saying that. Who was in the car driving? If you're not honest, then we're going to move further here. >> I'm not going to tell you who was going to drive the car home. >> Well, somebody was in this car and drove into that car. >> No, and I'm not going to tell you who cuz that looks worse on me. We can go about this a couple different ways. >> Oh god. >> Um, >> they only really escalate from here. >> Yeah, I know. I'm a dentist. I do teeth. I'm in this area. So, I really can't >> I don't want to look bad. So, >> what what do you mean you don't want to look bad? >> Somebody drove into that car. >> I know >> it's a minor accident. All it would be in an accident report, but with you being dishonest with us, >> I know >> then there we can escalate things. So, this could be over in 2 minutes or we can go get a camera and figure out who was driving. >> Just say it was me. >> We're going to look at the cameras. If I mean, was it you or was it? >> It was me or my friend. It was one of the two of us. So, >> how do you not know? >> There's a lot of things going on. >> I mean, so this is like a traffic offense. >> Yeah, >> we could be getting into a criminal offense. >> No, it's not criminal. It is if you lie to us about a basic question. >> You're not lying. You guys >> You are lying. You're saying I don't know if I was driving or somebody else was driving >> cuz I can't remember. You guys are asking a lot of questions. >> It's It's or I'm just trying to figure out who is driving this car that backed into that car. It's not a hard question. >> Excuse me. >> Are you afraid about getting a ticket or something? >> I am. Yeah, cuz I'm like a dentist in this town. It's like very >> It's a minor accident. We don't write tickets for this. >> Just do SFSC. I'm going to ask >> you. Just uh just call it out. >> Get contacted for that. >> State trooper like >> Okay. Um >> I have negative uh contact information for the owner of Eagle 2. My best friend Francis is like a >> take over there for SSD. I just don't want any foot traffic getting in the way. >> Okay. >> All right. Come across the street with me. Okay. >> Just go right over here towards this car. That's good right there for now. You can come towards me. Face me. All right. My really good friend is a state trooper in Margaret. >> Okay. All right. Look, we're beyond all that. >> Yeah. >> So, at this point now with you saying, you know, you were the one driving, everything like that, I just want to check to make sure that you're okay to even operate. >> What's that? You want to go back here? >> This way then. >> This way. All right. I'm just going to run you some through some tests, okay? To make sure that you're going to drive. Okay. >> Do you have any issues with uh your eyes, >> any recent head injuries, anything affecting your balance, your ability to walk, anything along those lines? >> Are you wearing contacts right now? >> Yes. >> Okay, I'll keep that in consideration. Okay. >> Can you see the tip of my pen? Yes. >> Okay. I want you to follow the tip of my pen with your eyes. Your eyes only. Do not move your head. All right. same thing. I'm going to go up and down. Okay. Again, no issues with your balance. No issues walking, nothing like that. We're >> You got heels on them? Okay. >> Heels. >> All right. Are you comfortable with walking in them? >> Sure. >> Okay. All right. So, the next test is going to be the walk and turn test. Okay. So, what I want you to do, stand with your feet together. All right. Arms down your side. All right. You're going to take nine heel toe steps out in front of you. You're going to take a series of small steps, turn around, take nine heel toe steps back. Okay? I'm going to demonstrate it to you. I want you to maintain that position until I tell you to begin. Okay? >> It's going to look like this. Okay? Take your >> real quick for the starting position. Right? Hands down at your side. >> Just pay attention. Hands down at your side. Put your right foot in front of your left foot with your heel touching your toe. Okay? arms down to your side, >> right foot in front of your left foot with your heel touching your toe. Maintain that position until he's done instructing you on the right and demonstrate the test for you. Okay, >> so again, your left foot in that line, right foot in front of that touching heel toe. You take a tears of nine steps heel to toe down that line. Okay, that imaginary line out in front of you. Okay, so look like this. 1 2 3. When you get to that ninth step, keep that front foot planted. Take a series here with the small steps, rotating yourself around that foot. You're going to take nine heel toe steps back in that same manner. Okay? One 2 three. So on and so forth until the test is completed. Okay? You're going to keep your you're going to look down at your feet the entire time. You're going to count out loud keeping your arms down to your side. And once the test begins, do not uh stop until the test is complete. Do you understand? >> Get back into that starting position. Just as I just as officer Mazy instructed you. >> Right foot in front of your left foot with your heel touching your toe. With your heel touching your toe. >> Do you want him to explain the instructions one more time? It's very important. >> Do you understand? >> I can I can reexlain if you want me to. >> And I'm not talking about Right. >> You're taking All right, get back in that starting position. Okay, so arms down on your side with your left foot on that imaginary line. That right foot in front of in front of your left foot touching heel to toe. Okay, you're going to take nine heel toe steps along that imaginary line. Once you get to that nine step, you're going to take that series of small steps as I demonstrated to you and you're going to take turn around, take nine heel toe steps back again. You're going to look down at your feet. You're going to count out loud, keeping your arms down at your side. Once the test starts, do not do not end the test until it's complete. Do you understand? Got it. >> Okay. Whenever you're comfortable, you may begin. >> Where you going? >> Did you demonstrate it? >> I did. Just as instructed. How many steps are you going to take? as instructed, I told you to take nine heel totoe steps >> along that imaginary line. Okay. Right. >> Do it again. >> All right. We'll get you back in that starting Just stop for a second. Get you back in that starting position. Okay. Just as instructed, left foot on that imaginary line. Right foot in front of that touching heel to toe. Arms down to your side. You're going to look down your feet. You're going to take nine imaginary I'm sorry, nine steps along that imaginary line. Once you reach that final step, again, keep that front foot planted. Take a series of small steps. Turn yourself around. You're going to take nine heel totoe steps back along that imaginary line. >> All right. Did you demonstrate he hels? >> Yes. >> Okay. Go to the next one. >> I'm sorry. >> It's cold. >> Next test is going to be the one leg stand. Okay. >> Oh god. >> I want you to stand with your feet together, arms down to your side. That's going to be a starting position. Okay. Okay. >> Yeah. No issues with balance, anything like that, right? >> I know. It's freezing. >> So, you >> I had my boobs done on a week ago, so surgery. >> Gotcha. All right. So, again, I'll demonstrate the test to you for you, but I'm going to explain it first. Okay. So, you're going to pick one foot, either foot of your choosing. You're going to lift it approximately 6 in off the ground. All right? It's about the height of a soda can. Keep that foot parallel to the ground. Okay, not like this pointing up like that parallel to the ground. Okay, you're going to count in the following manner. 1,00 1 1,002 10003 so on and so forth until I tell you to stop. Okay. All right. I'm demonstrate for you. Okay. So again, feet together, arms down your side, either foot of your choosing, lift it up off the ground approximately 6 in 1,00 1 10,002. So on and so forth until I tell you to stop. Okay? >> [snorts] >> All right. It's important to remember, keep your arms down to your side. Keep that foot elevated parallel to the ground. 6 in off the ground. Okay. You're going to look down at that foot and count out loud in the manner that I described to you. Okay. >> Okay. You may begin. >> One, two. >> Foot parallel to the ground. Four. Five. Six. 8. 9. 10. 15. >> All right. You can you can stop. >> You already did this, but just put your hands by your side. Follow the tip of my thumb with your eyes and your eyes only. Don't move your head. Okay. You understand? >> Got it. >> Follow the tip of my pen. >> I'm falling. Just had surgery. >> When? >> A week ago. >> Okay. Put your arms at your side. Follow the tip of my pen. >> [snorts] >> Don't move your head. Keep your head pointed at me and just follow with your eyes. Okay. >> Did you get it all? Did you get ice? Yes. Where? Do you have a phone anywhere? Is there a phone in the car? Do you have a phone in your purse? Do you need anything out of your car? >> Probably in my car. Yeah. >> Your what? >> No, I don't have it with me. >> Your phone? >> No. >> Is it in the car? >> Probably. Yeah. >> Where are your car keys? >> Probably with my friend in the int. >> Who's your friend? >> Devin Hasseter. >> All right. Well, we need to get the keys to your car and you need your phone who your phone's in your car. Did we take pictures of the damage and everything? >> I think that's got her. >> It's that extreme. >> You're being arrested for driving while intoxicated. >> So, yes, >> she's the she's the RO for that car, too. And uh just grab >> Let me hold your purse, please. >> It's going to stay with you. Okay, good. Turn around. Back to me. >> Do we ever say he uh she was out for testing? police radio working 2 to2. [snorts] >> That driver was given SFST. She's in custody. DUI. Send a hook. [snorts] >> I got to find the key. All right, we're going to go over to this car over here. Turn around. I got you. You're not coming off. Go over this car over here. Okay. >> I'm fine. You don't need to hold >> I I I don't want you falling over. That's it. >> I'm fine. >> I know, but I got to hold on to you. I can't have you falling over. You're in handcuffs. >> I'm fine on my own, though. I'm all like dumb ass. >> I know. I'm not I'm not saying you are. All right. Hang tight right here so I can lock the door. Watch your hand here. Here's all her documents. Didn't mean to do that. >> I'll just put this right in the phone. >> All right. Call her friend so we can get her key. >> All right. See if she can call her friend and let him. >> Do you want to call your friend and see if they can bring the key out to us? >> Doesn't matter at this point. >> All right, that's fine. All right. >> Okay. How about you work? You can't. >> We're going to go in here. Okay. >> My shirt off. >> I'm sorry. >> I'm going to take one of these off you. Okay. >> Let you address yourself. >> Are you uh right-handed or left-handed? >> Right-handed. >> I don't know that some people are left-handed. >> Losers. Okay. Oh my god. You have a seat for me. Be right. Right behind you. Keep this on. Right over here. Come on. You got to move back a little bit here. >> You got to see it for me, please. All right. I got to read this to you. Okay. It It's a long form, so just bear with me, okay? All right. You've been arrested for driving while intoxicated. NJSA 394-50. The law requires you to submit samples of your breath for the purpose of testing to determine alcohol content. A record of the taking of the breath samples, including the test results, will be made. Upon your request, a copy of that record will be made available to you. After you provided samples of your breath for testing, you have the right at your own expense to have a person or physician of your own selection take independent samples of your breath, blood, or urine for independent testing. Thank you. If you refuse to provide samples of your breath, you will be issued a separate summon for the refusal. The court may find you guilty of both refusal and driving while intoxicated. If a court finds you guilty of the refusal, you will be subject to various penalties, including license revocation of up to 20 years, a fine of up to $2,000, installation of an interlock, excuse me, installation of an ignition interlock, and referral to an intoxicated driver's resource center. These penalties may be in addition to penalties imposed by the court for any other offense of which you are found guilty. You have no legal right to have an attorney, physician, or anyone else present for the purpose of taking the breath samples. You have no legal right to refuse to give or delay giving samples of your breath. Any response from you that is ambiguous or conditional in any respect to my request that you take that you provide breath samples will be treated as a refusal to submit to breath testing. Even if you agree to take the test, but then do not follow my instructions, do not properly perform the test or do not provide sufficient breath samples, I will charge you with refusal to submit to breath testing. I repeat, the law requires you to submit samples of your breath for testing. Will you submit the samples of your breath? No, >> your answer is not acceptable. The law requires that you submit samples of your breath for breath testing. If you do not answer answer with anything other than yes, I will charge you with refusal. Now I ask you again, will you submit to breath testing? >> No. >> You understand why we responded, right? >> Yeah. >> Okay. And then after that, you explained to us that you were driving your car. You went to park the car. >> I wasn't, but yeah, it looked bad. >> I'm sorry. What was that? >> I didn't go to park the car. I went to like fix it. But yeah. >> Okay. You went to fix the car. You drove the car. >> You tapped the other car. >> I know. There is some damage, >> right? [clears throat] >> Yeah. >> You don't want to hurt yourself, do you? >> No. Obviously not. No. I'm very successful. I'm an amazing dentist. I'm sure you are. >> I make like 500. I make half a million a year. I'm fine. I'm just like that's why I drive a Porsche. I'm just like I'm fine. It's just like [snorts] >> it's a lot going on right now. So, this is like the last thing I need now for tonight. Um, [snorts] obviously you refuse to give us breath samples, but you're under arrest for DUI. You have to have someone come pick you up or you have to wait here a minimum of 12 hours. We can't just let you go without you being released to someone. >> Okay? Now, this person has to sign a form that says if you get behind the car, wheel of a car, and you drive and there's something and you're, you know, obviously you get pulled over, whatever else, then they get charged with uh, you know, the offense as well. >> Everyone I know that I would have like signed into this is like going into the police academy within this year. >> Okay. So, >> I'm like I'm I'm an actual like physician doctor in this town. So, it's like really embarrassing. >> So, just to reiterate for tonight, we want you to be able to get home and kind of decompress a little bit. So, just start thinking of someone that is not intoxicated that will be able >> She's like 3 hours away. >> Any other friends or an adult, responsible adult that hasn't been drinking tonight? Okay. You >> know, I like live in a town where I work in and then it's like everyone around me like I'm like the do the main person. So, this is kind of embarrassing. So, >> I don't understand. Everyone's out with you tonight is what you're trying to say. >> No, it's I normally don't go out ever. >> Okay. >> Ever. >> Okay. >> So, this is like a new thing for me. And my mom like called me tonight. He was like, "What are you doing?" So, she's like three hours away from me. >> Okay. Dad. >> Dad died last year. >> Sorry to hear that. Um, a friend, any other friends? >> She's out with me tonight. >> She's out. She's been drinking. Okay. >> Any other friends? Acquaintances? Someone that >> every you can ask people in the police force, but they were all out with me tonight. >> Okay. Margay police. Yeah. >> Okay. Um All right. Well, we'll navigate that. Um >> not going to throw people under the bus. >> Well, whatever. >> It's freezing. >> Um once we're finished up here, we'll try. >> I see that. >> Who? >> Steve Edelback. >> I don't know. He's not working with me tonight. >> Sad. He's my friend. Is he? >> Yeah. >> Um, we'll we'll call mom. We'll see how quickly she can get down. >> Mom. Oh my god. She cannot come down. >> If you don't Look, I'm not forcing you to call anybody. I just I'm trying to explain to you. >> 3 hours from here. >> I'm just trying to explain to you the alternative is you have to be here until 1:00 in the afternoon tomorrow. >> Okay. >> So, and that's in the cell. >> Okay. >> All right. It's your that's your choice. [snorts] >> I don't want to put like my mom under stress. My mom like gets stressed very easily. So, I'd rather like >> I'd rather just like deal with it myself. >> If if that's the way you want to do it, that's fine. We can explain it to her in a way that can be >> she would get very stressed. >> Okay. >> Yeah. I just did 24 veneers on her and that was stressful enough. So, >> Okay. All right. >> Yeah. She's very stressed as it is. So, >> all right. >> Well, we'll take it one step at a time. >> Can I have the case number? >> I don't really understand what's going on. >> You were arrested for driving while on toxic. >> You went you went digital. Can you >> You understand that? >> So, can he come? >> He could. Yeah. >> 17821. >> Try. >> Thank you. >> Can you try calling him? >> Yeah. Just a minute. That's one option. I mean, I wasn't actually driving while intoxicated, though. My friend literally told me, "Move the car like 2 in outside." >> So, that's operating a motor vehicle. >> Yeah, but I wasn't like trying to drive. >> It doesn't matter. You were operating a motor vehicle. >> Okay. Well, okay. Got it. >> Can handle this. They might not like this. What was it? >> Just talking to myself. >> Okay. >> Yeah. >> I just paid like a lot of money for surgery to be done. So, I just wanted to like >> Are are you hurt? Do you need medical attention? >> No, I definitely don't. I just want to make sure that like it's being like >> this matters. >> What does if I pay like $15,000 for surgery, it needs to be like tight. Okay. >> Okay. Yeah. >> Cold. >> Mhm. I just had my boobs done. >> Okay. >> Like a month ago. No, a week ago. Two weeks ago. So, they're just are a little sensitive. They look sensitive. Oh, it makes me like Wish I did so many things differently in my life. >> I don't know how to explain. This isn't the end of the world. >> It's the end of the world. >> It's >> for me as a healthcare provider. It's the end of the world. >> You'll be >> I'm not going to be just fine. I know you want to say that, but it's not fine. >> Do you know how many people I've had in here >> that are in similar situations? >> It's not fine. >> All right. It's like so annoying, too, because it's like it's always the person that's like the best of the group, me, who's like not dating anyone. I'm not drinking and I'm driving and I'm like doing everything for everyone and I get in trouble. >> I'm just going to take her out of the cup. But that's fine. >> When I take your hand out of the You have to stay in the seat, though. Couple more minutes. Just look at me. >> Seriously? >> Yeah. This these don't go anywhere. They stay in house. They don't get sent anywhere. They just get uploaded into our That's all that it is. Okay. It's just your face. >> All right. Same thing. Keep your body still. You can just look this way for me. Just with your head only. Just look that way. Turn your head 022. >> Okay. Same thing. Just look over at the opposite wall. >> Okay. You can relax. Thanks. >> You said you are employed, right? >> Yeah. >> Okay. I'm going to guess that you don't want to give us your employees information. >> No. >> Okay. >> No. >> What What do you do for a living? >> I'm a dentist. >> Dentist. That's all I'm going to put in here. All right. one last time. That is a second charge on top of the DUI. I don't understand it. >> Like he explained to you, you get charged with the DUI refusal along with the DUI. >> How are you charging me with the DUI if you can't breathize me? >> Because of everything that we observed out on the street when we put the handcuff. I had a breast augmentation less than two weeks ago. How am I supposed to walk straight? >> I'm not we're not arguing that. >> Okay. Well, I very good lawyers. >> Okay. >> If I blew something right now, it' be like a 006. I would tell you that right now. >> Okay. >> I'm just saying. >> Well, I don't my brain can't calculate that. We use a machine for that. So, >> I understand that you guys look a little confused. Okay. >> I don't drink much. I had two martinis since 6:00 p.m. tonight. So, I think if I were below something right now, I'd be Oh, I'd be like below 007 if I were to guess. >> I just know when I do have to blow, I'm definitely going to be within the legal limit. >> So, what does that mean on everything else? >> When you do have to blow? >> When I do have to. >> You already have to. Well, I know I'm going to be within legal limit. So, what does that mean? >> I have no idea what you're trying to say. >> I mean, if you like Okay. Interesting. Okay. We'll see what happens. >> I'm telling you that you have to. >> Yeah. >> You said you don't want to, so we're not going to physically force you. >> Yeah. >> You'll get your tickets >> and it'll be >> Yeah, but you can't like check high school. All right. >> And then I'm going to have to wait like wait and sit in a cell. >> Yeah. Well, so when we're done here, um you'll call that gentleman that you said would pick you up, right? >> Mhm. >> Okay. >> I have to pick which one. >> Well, whoever you pick. >> Yeah. >> You wait in the cell till they get here. When they get here, we read them the form. We take down their information. >> I don't think I want to tell him though because I feel bad cuz you're going into the police academy. >> It's up to you. Yeah, >> this is your personal decision. >> Is there a way that you can like tell me what I'm blowing? Like, no. That's a bad idea. >> If you do that, we use that in court. >> Yeah, I know. >> I still think I'm not giving you advice. That is again, we don't physically force people to do this. We explain to you all the ramifications. >> Okay. >> Okay. I already picked who I'm picking to pick me up. >> Okay. >> Yeah. He just might not wake up. All right. >> He's a state trooper in uh Margate. >> Okay. >> Francis Terry. Do you know who that is? >> No. >> Does he know who that is? >> I don't I don't know. >> Okay. >> Just basically speaking, >> can you read me my charges again? >> What's that? >> Can you re my charges again? >> It's It's all going to be traffic tickets. I don't have anything written up yet. Okay. It's basically going to be like DUI. >> Yeah. DUI and DUI refusal. >> DUI refusal. >> So bad as a doctor. >> Oh god. I'm not going to be able to practice for like 5 months. >> Uh there might be uh reckless driving whatever. >> I I don't know if that's going to I mean that'll probably affect the choice. Um >> I mean there's no >> there's an accident with damage. Mhm. So cold. >> Yeah, like I said, 71° in here. When you went through a surgery recently, it's a very different feeling. You have like nerve ending sensations. It's like very I got like a major surgery within the last two weeks. >> All right. Well, I turned it up a couple degrees so it'll put the heat >> at my house. I have like a heater on me because it's like so uncomfortable. So, it's just like it's just >> there's nothing you can do about it. Just how it is. >> Yeah. We're the best I I have that blanket, but I probably wouldn't want to put that blanket on me because I don't know who's had that blanket. >> Yeah. No, I'm actually supposed to have the surgical bra on for the next four weeks, but I took it off because I was like, "Oh, I'm just going to go to sushi with my friend really briefly, and then I'm going to drive her home and da da da." >> Yeah. >> And I wasn't drinking because I was a responsible one tonight. And then I went to go with the car because she met a cute guy and this is where it ended up. So >> why don't you have her make that phone call real quick and then we can finish this >> while while they're on their way. >> Does he have to like pay something when he comes to pick me up? >> No, there's no money. But he's got to he's going to sign something that says he's responsible for you. He'll be fine. >> Okay. >> I think he knows I'm a responsible person. >> Just uh make your call. No text, whatever else. Just call whoever you >> like a normal phone call. >> Yeah. >> Well, it's like 2:30 in the morning. He's supposed to wake up. >> Yeah. >> Okay. >> I mean, a text message. No one's going to more likely to wake someone up from a phone call. Am I right? >> So, am I What am I supposed to tell him? Like, pick me up from what? 111 North Avenue. >> Yeah. At the market >> city police department. I think >> he'll know he's a cop, right? >> Yeah. >> All right. >> That's just on today's date, right? Cuz it's all it's all coming out this time. [snorts] >> A >> Hi, Francis. I was I was just arrested. I wanted to see if you could come. [clears throat] I'm being serious. I know it sounds like a joke, but I wanted to see if you can come pick me up. Uh, I can get you at 5 >> at 5. >> Yeah, I want to get arrested for >> um, can you talk to the officer about it? >> Yeah. >> Okay. Can you talk to him? >> Okay. >> Yeah. Thanks, master. >> Hey, it's officer Mazio. >> Hey, sir. How are you? >> Good. Uh, it was DUI. >> DUI. Okay. >> Um, I get off here at 5. >> Okay. Um, she can't get somebody. >> No, she uh you were your first call. So, uh, is there someone else you want to call? >> Okay. She said you you're the guy. Um, and obviously you know the the potential liability and whatnot. >> Yeah. Yeah. Yeah, I'll sign up. >> Okay. >> Yeah. I mean, we can accommodate her till 5. >> Um. >> All right. Um, what which station or where he goes at? >> Morgate. >> Yeah. >> All right. >> Do you know what? Do you want the address? >> No, I know where it's at. Okay. All right. >> All right. Thank you. If he doesn't find anyone else, um, just just call my phone, I guess. >> Okay. >> All right. All right. I'll see you guys. >> Sure. >> Who's that? >> Cuz it's literally his birthday. >> Sound like he was working. >> I know. He is working. >> Oh, >> yeah. I'm taking him to his like birthday dinner. I like reserved a like giant reservation for him and all his friends at Steen Cookies tonight. though. >> I feel [clears throat] a little bad. Yeah. No, this is not ideal. He's like my good friend, but this is not good. I'm not >> Don't worry about the times and stuff cuz you're going to input this on online. This is just going to be your template. >> Is this going is this going to go into like my like medical >> I don't I don't know how that works. >> Like it's like people are going to see this when they like >> just focus on what we're doing. >> Yeah. This is This is just for This is just us. This is our departmental stuff. Okay. should gain. >> All right. Uh, are you currently sick? >> No. I think if you were to breathize me, I'd be like point I think I would be below the legal limit to be honest. >> Are you under the care of a doctor? >> Myself? Yeah. >> Just just yourself? >> Yep. >> No, nothing for like >> medicine. Anything else? Just >> Nope. Just myself. Getting off the >> poking stone. >> Uh, what kind of alcohol drinks did you have tonight? >> I had two martinis. martinis. >> Two martini. >> Were they Was it >> vodka? >> I had one dirty martini and one lemon drop martini about 2 hours after the first one. >> Okay. >> I don't typically typically drink much cuz I'm like well known in the town. So, it's not a good look. >> And you said you had two >> two. >> Nick, if you want um you can place her in the cell. >> We'll get all this figured out. >> Your summons. figure out the >> He's not coming until 5 >> 5 o' >> unless you want to try calling someone else. >> That's up to you if you if you don't want to be sitting in this office. >> Right now it is 2:40 in the morning. >> 2 hours. >> I don't to be honest. I don't understand how like all this happened. So I don't really feel like I did. Like if I were to be like breathalyzed right now, I know I would be like a normal level. >> Okay. Well, you already refused for that. We got multiple I know. We gave you multiple opportunities though. So we're past that point. >> Yeah. But I'm just saying like I don't really know what else to do. We want to get you home. So, we need someone to pick you up. >> We have one guy that's coming at 5, right? >> Well, he hasn't been drinking all night. >> If you >> Yeah, he's like secure option of my friends. >> If you want to call someone else and leave earlier, that's your that's up to you. >> I can try. >> Sure. Absolutely. >> But she's been like drinking, so I don't really trust that. At least Francis hasn't been drinking. >> I'll just reiterate. They need to be totally sober. >> They need to be an adult. They need to be totally sober. >> I'll just wait for Francis. I'll just go in the cell. >> All right. >> Yeah. I would like to know where my Okay. Yeah. >> You'd like to know what? >> I just feel like I if my blood alcohol was tested right now, I think it' be like 06. >> We disagree. >> You disagree? >> But we'll never know. >> Okay. So, >> guess we'll agree to disagree. >> Can you do me a favor? Take care. >> Um, your necklace, your bracelet. You just got to place >> The bracelet doesn't come off. >> It doesn't? >> No, it has to be screwed off. >> I have a belt. No, you can keep the >> The bracelet has to be like screwed off. The strings on your boots, are they they're fixed or do they go all the way around the boot? >> What do you mean? >> All right. >> Are they like sewn in? >> Just take the boots off. >> All right. We got to take them off. >> Yeah. >> Oh, no. >> We can't have anything with like strange or >> nothing. >> The questions raised here are not about guilt or innocence. They are about what the law requires, what it permits, and what it punishes. Three separate charges, one preventable decision. This analysis examines each legal layer from the moment of the stop. By the time this encounter ended, the defensible situation had been converted into a documented case of study in self-inflicted legal exposure. NJSA 39450 defines operation broadly. Physical control of a vehicle, however brief or unintentional, satisfies the statute. State v. Leave it decided by the New Jersey Supreme Court. Establish that momentary movement of a vehicle meets the statutory definition of operation. Under state V grant, SFST results and officer observation constitute independently admissible evidence of impairment without any chemical test reading. Three standardized field sobriety tests were administered [music] under NHS protocol, HGN, walk and turn, and one leg stand each produced multiple scored clues. Birfield v. North Dakota decided in 2016 by the United States Supreme Court confirmed that breath tests conducted incident to a lawful arrest require no warrant. The fourth amendment does not protect a lawfully arrest person from a compelled breath test. The search incident to arrest exception applies in full. NJSA 39454 codifies New Jersey implied consent law. Every operator on a public road is deemed [music] to have consented to chemical testing at the time of lensure. Refusal is not a defense strategy. It is a separate quasi criminal charge prosecuted cumulatively and independently alongside the underlying DUI. [music] State V. Shoin requires the standard statement to be read verbatim and in full. Any procedural deviation may invalidate the refusal charge entirely following a valid refusal. The factfinder may receive an adverse inference instruction. The jury is permitted to treat the refusal as evidence of consciousness of guilt. Pennsylvania v. Mooneyies decided in 1,00 990d by the United States Supreme Court held that observed physical coordination failures are non-estimonial and fall outside fifth amendment protection. A defendant who refuses chemical testing cannot introduce self-estimated B8 figures [music] as exculpatory evidence. Refusal forecloses that avenue under New Jersey evidentiary rules. Reckless driving under NJSA. 39496 requires willful or wanting disregard for safety. A low-speed backing collision may not independently [music] satisfy this statutory threshold. Graham v. Connor decided in 1,00 989 governs the reasonleness of officer conduct. The standard is assessed from the perspective of a reasonable officer at the moment, not in hindsight. Lesson one. Vasion during a DUI investigation creates a documented record of consciousness of guilt. Early cooperation, by contrast, limits the evidentiary footprint substantially. Besson. Lesson two. Breath test refusal converts one charge into two, adding mandatory penalties, including license revocation, fines, ignition interlock, and IDRC referral. Lesson three, professional credentials, income level, and law enforcement connections carry zero legal weight at the point of arrest. They are irrelevant to the statutory analysis. Lesson four, NJC 133814 requires licensed New Jersey dentists to self-report any criminal or quasi criminal charge to the state board of dentistry within 30 days of filing. Lesson five, voluntary statements made before Miranda advisement are admissible. Every word offered during pre-arrest questioning becomes part of the permanent evidentiary record. [music] The charges are filed. The refusal is documented. The SFST results are on record, but the legal proceeding has only just begun. Will the SFST clues survive a defense motion to suppress? Did a documented surgical recovery provide a viable alternative explanation for the observed coordination failures? Can a DUI conviction hold in New Jersey without a single back reading? Courts have ruled yes. Defense attorneys have argued otherwise. What becomes of a licensed health care professional when a quasi criminal charge triggers mandatory reporting to a state licensing board? These are not simple questions. They are the ones this case has not yet answered. wrong. >> These knees are going to go to your chest. All right. So, we can get you up. There you go. >> A $500 tab. A dewy warning ignored. A felony arrest. Two charges later dropped. The law provided the framework for everything that followed. But did the outcome reflect what the law actually required? Police were dispatched to a restaurant in reference to a patron refusing to pay their bill. Yeah, >> there's a room for the manager >> right now. >> Yeah, they're at the bar. One is at the bar, one is sitting over there. >> You don't take me to them. >> Yeah. >> Did they complain about their pay for the car? I don't know. >> Hi. >> Um, thank you. So, long story short, uh they arrive for like a $500 bill or so. Um apparently they can't pay the bill. I don't know if this card got locked is like, you know, like fraud protection. >> Um somebody is coming. They just called the restaurant or somebody is coming. >> But the reason is because she was getting very disrespectful and we didn't know which way it was. >> And I'll be around 66. No, if you didn't take me down, I'll kind of >> calm down for a bit. >> She hasn't said anything since cuz I was in the office and then she came down. >> Go. >> Are you guys good? >> I am good. I'm going to take care of it, but you got to go. >> We're going to hang out. Both of you are going to hang out until the bill is paid. Okay. >> I'm going to stay till the Take your card and go. >> Well, both of you are going to hang out until the bill. >> I'm going to stay. >> Both of you are okay. >> It's a $500 bill. You walk out on that. >> You don't want to get arrested over not paying attent. Okay. >> I tried to help you. Sexy turned out fun. [laughter] >> What? This turned out fun. Sexy. >> Oh my god. Call more often. [laughter] Okay. >> Do you know how far away they are? You said someone's coming to pay. >> What do you mean? >> What do you mean for me? >> I mean for the whole thing for me. Yes. I do. Is this like a first date? You guys been together for a while? I don't Why are you looking at me like I'm crazy? I'm just asking you a question. >> Me? >> Yeah. >> Whatever. >> So, how long it took somebody to get here? >> For me >> to pay the bill. >> Okay. Neither are leaving until the bill is paid. Please go. >> You have to go. I'm paying the tab. >> Okay. >> For the tab, you should go. >> Okay. Both of you dined in. We're going to wait till the tab is paid and then he can leave. >> Just go. Just go. Please go. Just go. >> Okay, ma'am. I told you two or three times he's not leaving until the entire bill is paid. >> I mean, okay, then you can make all the >> We can hang out where he's at. There's not a problem. >> If you don't like being mean. >> Who's being mean? >> I'm saying me. I'm not being mean. >> Nobody said you were being mean. >> Okay. Where'd that payment come from? >> I don't know. >> How about we stop arguing back and forth and we just figure out a form of payment for this? >> One card and then >> pull out all 10 cards. Let's play yachts. See which one works. Okay. >> I think you can pay the whole tab and then she'll pay the whole tab again. >> Well, the moment this tab is paid, you guys are out of the restaurant. And then I don't know who's paying valet, but we have to pay that as well. >> You don't ever want him to come back. When you get here, stay on the phone until you get here. >> Yes. >> We have two babies and he'll figure it out because he's not going to see. >> I figured it out. >> Okay. How about we stop arguing back and forth? >> Blocked my car over 300. They blocked it. >> Are you guys like really together? been in her for a while like >> I'm not an ex. I don't even I have no idea where you >> make sure you vote. >> So So let's listen to me. Okay. Let's listen to me. You still have $20 to pay for the >> val. And is it your car or her car? Stop talking back and forth. This is where I start to get louder cuz you don't want to listen. Whose car is this? >> Make sure you know how to act in front of the cop. >> No, it's you two. It's not just him. Whose car is this? >> Whose car is in the ballet? >> My car is like not in ballet. Your car is a valet. The valet and the >> Okay, it's $20. The tap's already paid. >> I paid the >> Listen, they are closing. They are closing. >> I'm going to pay you to hang up the phone. Okay, go. >> Sir, if the tab is paid, I'll pay the card. >> Hello. Me. Like, this isn't just a costume. It's not Halloween. Listen to me. You pay the tab, leave. >> You pay too. It does not matter. You don't want to listen. >> Babe, get out. >> Give it to me now. >> Leave. >> Can you tell? >> You have to press charges. >> Just leave. >> What does she have to go buy a vape at the dollar store? >> Go. Come on. Out. >> Come on. >> Go. You got to go right now. You are both Look at her pretty blonde hair. Can you please go? >> You are both just passed from the restaurant. You need to leave and you cannot ever come back. >> Once you leave, I want to just >> You have to pay the valet before you can. >> I mean, I want to pay the >> Nobody Nobody. >> So, do me a favor. Get up. Pay the valet so they can >> She's not coming in. The restaurant's closed. She's It does not matter. Please sit up. >> She's paying She's paying the $20 to pay the valet. >> Okay. So then, please. You do. You have $20. Do not come back in. >> No. Out. I'll talk to you outside out. >> If you come back in, you're going to jail. Try me. If you come back here, you're going to jail. >> You want me to wait outside? >> Wait, do we need her here? >> What? >> She needs to go. >> Let's go. Wait outside. Get your bag. >> No. No. It's okay. It's okay. It's okay. >> It's okay. >> Did you guys >> It's okay. It's okay. We're all waiting for the ballet. Sorry. You have to pay the valet on your phone. >> I don't like now. >> Oh, no. I can't. I have to $20. I All my cards >> Why do you need to wait? Why do you need to be on the phone? Oh, >> all my cards are blocked. >> How? How? How does that happen? >> She's coming here to pay this. So, I can wait here. I can wait outside. I can wait however you guys want. >> It's going to turn into >> It's whatever you guys want. >> Do you want to talk to them? >> Sure. >> Why are you calling? >> Bye. Is he calling you? >> Bro, go home. >> Yes, go home. What are you doing? >> Go home. >> I just don't want her. >> She doesn't want to be around you. >> Get in a problem with you guys. >> No, you are getting in a problem with us. Leave. Off the property. You were told once, twice. He told you. Get off the property. Off the property. Have a good one. How do you call somebody and you don't even have $20 to pay? >> I know. >> Huh? >> Yes. >> And how long until you're here? 10 minutes. So, how long until you're actually here? >> So, how long? 15 minutes. Can she Venmo you money? >> She has babies in the car. Can you sell her? You >> can pull over to the side of the road. >> I'm trying to >> I'm telling you another way to try it. >> LA, right? >> Close the door. They're cold. Sorry. Don't be don't get hit by the door. >> We told him to leave. We're >> focus. This is ridiculous. >> It is ridiculous. >> You don't have $20. >> I didn't bring my wallet. I didn't bring anything. >> You have Apple play. >> She's coming to pay. >> You're about to pull a fire alarm, too. Be careful. She was coming to pay everything and it's okay. >> The tab is paid. >> What? He sat right next to you and paid it. >> I don't care. Tell him that he's been paid. >> Okay. So, >> this is ridiculous. >> I am I'm sitting here. It's okay. >> So, he paid it? >> Yeah. >> No, tell him he didn't pay it. >> That's something for you to chop up at a later time. She's still wearing a high school. >> We're waiting for you to pay the valet tax. >> Okay, good. Great. I want to go home. That's amazing. >> Me, too. >> Yeah. So, why we keep calling this lady? >> The lady? >> Yeah. Who are we going to phone with? >> Just have her sell you the money. >> If you don't have money, >> I just have to pay that lady. >> Okay. >> $20. >> Have her sell you $20. 20. >> Okay. Stay on the phone until you get here. No, they're not being nice to me. >> We pay everything and they're like, "Oh, you should have the money to pay for the val." >> This is a high-end restaurant. >> You guys had a $500 cab you came with the wallet? >> I wish I would have known who I came here with. >> It's your ex, so you didn't know who I came with. >> Oh, girl. Bro, relax. Relax. Relax. >> Either you pay the $20 or >> I'm blonde already. >> I'm actually not blonde. I just died. >> I know. >> You should be able to see that though. My roots are pretty bad. >> My rooms are just as yours. >> Yeah. >> Like relax. >> No, I'm not going to relax. >> I'm going to pay. I'm going to go. >> Then pay. >> I know. And I have somebody coming to pay and so I can go. Okay. You're not >> I said that >> they were 5 minutes and another 15 minutes. >> She just called. She's 15 minutes away. >> 15 minutes away. >> It's 15 allow. >> Yeah. >> Okay. >> I mean, it's not a lot. >> It's doable. >> It's better than an hour. I'll be honest. It's better than an hour. >> No, it sounds like you're alone. >> No, actually, I'm engaged and $100. Don't be such a [ __ ] [ __ ] because I'm trying to get here and pay everything and you have no idea what the [ __ ] I am. Shut the [ __ ] up. Just shut up. >> Just shut the [ __ ] up. >> So you're home girl that she's a [ __ ] [ __ ] >> You can tell. >> I've been here trying to pay my tap and I didn't even know my t was paid and I want to pay it. So who the [ __ ] is a [ __ ] Who's a [ __ ] I had no idea my t was paid and I'm still trying to pay it. Yeah. All right. Get the [ __ ] [ __ ] straight. She's a [ __ ] [ __ ] I get it. We're My brother's a [ __ ] been a cop for 40 years. >> Congratulations. >> 40 years. >> I know. Amazing. >> Off camera, her sister eventually came to pick her up. Officers verbally notified the defendant not to get into her own car because she was too intoxicated to drive. They then noticed the defendant jump out of her sister's vehicle and ran to her own. >> What the [ __ ] >> I'm ripping her out of the >> car. >> Oh my god. Oh my god. Oh my god. >> Oh my god. Oh my god. >> Give me your hand. >> I gave it to her. She just drove away with my hand in the door. >> I gave it to you. >> I gave it your hand behind your back. >> I put my hand Ariana. Call the cops. >> Call the cops. [laughter] >> Now you're going to jail. You >> could have left your car and got a ride home. I didn't know I was there with my car. >> We told you that. >> I had dropped their keys. >> You dropped their >> I had my keys. >> Ariana, please take a video. >> I have my keys. >> You want to get up? Can I hold your keys down? >> Oh. Oh. >> Please put my skirt down. >> Are you ready to get up? >> I don't know. >> I'm going to roll you to your right. Bend your legs in >> like this. It's all the way up. Roll it the other way. >> Which way? >> Actually, where's the key? >> Roll on you to the right. >> No, I turned it off. I took for a minute. Give me Give us a second. >> Bend your knees in. >> I turn it off cuz I don't want to drive off for you guys. >> Okay. You let me know when you want to cooperate. >> I am cooper. >> These knees are going to go to your chest. All right. So, we can get you up. There you go. There you go. >> And then roll over. >> Roll over on your knees on three. One, two, three. Ready? There you go. >> And let's stand up. One, two, three. >> I'll help you up. You want to help? Her glass is behind you. Don't step on that. >> Come on. Stand >> your legs. Oh, there you go. >> Do you have an ID on your purse? >> Yes. >> Where'd you put your purse at? >> Inside. On the right. Inside >> this car or the other car? >> In this car. On the right. >> You don't. You guys know this is wrong, but that's okay. I forgive you and I pray God. >> Why would you try? >> I didn't know. >> I told you not to drive. >> No, I didn't even [ __ ] as I didn't hear you. >> She grabbed the door and you ran and you just kept driving while she was >> I didn't I just >> How did I have the keys? How did I have the keys? >> How did you have the keys? >> How? They gave me the keys. Because it's your car, not because you're supposed to drive. You've been drinking. >> What the [ __ ] Scott? Are you [ __ ] kidding me? Are you [ __ ] kidding? It's okay. Do whatever you have to do. And just don't do it in front of my kid. >> The kid >> and it's okay. My kid is in the [ __ ] car. It's okay. It's okay. Go. It's okay. It's okay. Go. Go. Please take care of Rain. It's okay. It's okay. It's okay. Don't let him see any of this. Just go. You >> want You want me to talk to him? >> You don't give a [ __ ] about me. >> That's not true. >> That's not [ __ ] true. Don't [ __ ] talk to my son because this is why the [ __ ] you did this and it's okay. >> I didn't do this. You did this. We told you not to get in. We told you. >> No, you didn't. How fast? How fast? >> Don't do that. Don't do that. Don't do that. >> Then you turn the car on. >> Don't do that on camera. >> Don't. No. Okay. Play it. >> Well, I can't play right now, but it's recording. >> Play it. Because I would have never gotten in the car and sped off unless I [ __ ] felt like it was okay. So, do whatever you feel like you need to do. And my lawyer will also do what he feels like he needs to do. And I will also make sure that all of you >> just have to do what you needed to do. And it's okay. >> It's okay. Where do you want me to put your glasses on your face? >> I'm like I don't know my face. >> Yes. On my eyes, please. >> I'm trying to >> Don't be a [ __ ] [ __ ] >> I'm not >> [ __ ] Julio. >> I'm trying to help. Trying to put your >> [ __ ] ass. >> You know exactly what the [ __ ] this is. Don't act like you don't know. You know exactly what the [ __ ] this is. >> You know what the [ __ ] this is and you know that this is What do you mean what the you >> What do you mean what? >> Girl. Girl, we tried to tell you not to. Why'd you get out the car? >> Why the [ __ ] is the [ __ ] paid? Why am I here? Why am I even here? Why am I even here? >> Why am I put in the car? >> Yes. Do what you have to do. >> It's okay. >> Yeah, it's okay. >> Do whatever you have to do. It's okay. As long as my kid is not here. Okay. >> This is you. >> That is Yes, ma'am. You know that she's doing this only. >> I'm going to fix your cuz I >> You know that she's only doing this for herself. >> Sorry. Make me laugh. All right. Let me Let me get this. >> I hope you never have daughters. >> I That's That's not nice. I would love to have a daughter >> because you don't care. >> That's not That's okay. >> All right. I'm going to move her hair. Okay. There you go. Now we can see. All right. Ready? Good. That's so messed up. >> All right. >> We're going to be going down to the jail tonight and um future reference, you're never allowed to come back here and then your vehicle's going to be getting towed. Okay. >> Yes, ma'am. >> Let me get something 14. The manager. >> I'll grab it. >> I'll get it. Got it. >> On the way. >> Yeah. >> Walk you to the car. Okay. >> Okay. All right. What's your name? Where's there? >> Jenny. >> Jenny. your name? That's actually your name. All right, >> which way? >> Follow me. >> I'll walk you though. Make sure you get there safely. >> Why? Can you please take Rain away? >> That's fine. He doesn't see it. >> You want to Do you want to take your phone to jail or No. >> Uh, whatever. It's a I've never been to jail. >> Can you just wait for Rain, my son, to go away? >> Yeah, I'll I'll give you that. >> Thank you. not wait. Okay, >> my car. >> All right, ready? We go. Uh, rain. He drove away. >> Which way do I go? >> Right here to the right. It's going to be this uh this SUV right here. >> You know you're wrong. >> You know you're wrong. >> You know you're wrong. But you did. You know you're wrong. And you could have been [ __ ] your home girl and you know you're wrong. >> All right. Do you have any pockets or anything? >> I hope God forgives you. Don't touch me. >> Okay. >> You have any pockets? >> Seriously? >> I don't know. >> Yes. There's a Swiss knife in my [ __ ] pocket. >> The check. >> Get the [ __ ] out of here. Don't [ __ ] touch me. >> I've been nice to you. >> No, you haven't. No, you haven't. All right. Still good back there. >> Hello. >> Hello. >> Are you awake? >> Yes, ma'am. >> Yeah. Okay. May I know why I'm being arrested? >> Um, bat Leo resisting with and resisting without any lawyer. >> Um, whenever you're down at the jail, I mean, no one's questioning you on anything. >> So, I do ask for a lawyer. >> Okay. 3 receiving 4E approximate location I 595 westbound on their on ramp for I95 vehicle flipped over it got on record that I do ask for a lawyer correct >> your everything you say is audio and video recorded um so we just can't talk anymore >> okay thank you I do ask for a lawyer well Then let's just stop talking about it. >> I do believe that I was arrested without question. Thank you. >> All right. So, I'm going to type my report real quick and then we're going to do your property. Um, what jewelry do you have on that you know of? >> I have my earrings and my necklace. And I'm also here with the commissioner. >> Two individual earrings or two in each ear? >> I want it to be known. two individual earrings of Homestead is my uncle. >> Okay, that's fine. That has nothing to do with this right now. >> To say anything about my parents and anything that I get done today, he will be the one to administer at the end. >> Okay. That has nothing to do with us. >> Yes, ma'am. Okay. So, hang out. I hope everyone knows that the commissioner of Homestead is here for me. [snorts] I want everyone to know that the commissioner of Homestead is my uncle and that the head of security is there for me and that she made all arrests based on personal excuse and I am here for it. I want video to show the commissioner of Homestead has already been notified. >> You can talk to your lawyer about that. I have nothing to do with that. >> 100%. I want the officer and the badge number to be here and present. >> Ma'am, can you please be quiet? I'm trying to do my job. >> Homestead to also know that I tried to speak to this officer and she did not allow me to speak. I want the commissioner and the [clears throat] security who also my family to know that this is what she wanted. Thank you. >> 784. I want also the commissioner of Homestead to know that she made an unlawfully arrest. Thank you. >> Possible warrant. My son is also four years old. She also made the arrest in front of my son without any given care. >> Is Veronica your mom? >> Laugh arrest. >> No. >> Maria is your mom, right? >> Thank you very much. Jenny, is Miami still where you live? >> I I also have asked for a lawyer multiple times. >> Okay, Jenny, I'm not asking you about the crime. I'm asking you if that's where you live. Once I knock out this paperwork, we'll uh get you changed into some flip-flops and we'll get you taken down and then uh you'll be in their custody then. Okay. >> Yes, ma'am. >> Any other questions? >> No, ma'am. >> All righty. >> Did you feel good when you did that in front of your son? >> Unfortunately, I'm very upset that that had to happen in front of your son. >> You didn't care. >> Okay, that's fine. I did nothing to you. >> We can just go back to not talking to each other. >> I did nothing to you and you know that he left me there and I still tried to pay my tab and you still arrested me for no reason. I still tried to pay the valet tab and you still arrested me for no reason and that was what you wanted. >> Okay. >> And I just want you to know that God sees everything. >> Absolutely. I believe you on that one. God sees everything and I I really pray for forgiveness for you. >> Oh, thank you. >> I hope the best for you. >> Thank you. >> And also the commissioner of homestead also raised the best for you. >> That's fine. Thank you. I just want you guys to know that it is a lie and she is lying. I use no force. I am back here. I will have a lawyer and I wish her the best. I have no idea why she is doing this to me, but you know the force will be given back. I pray for all of you. All of you. >> Bye, daddy. >> I just want the body cam to know >> that I want a lawyer. Okay. >> And that the commissioner Homestead is on his way. >> He's on his way. Okay. >> Yes. He's on his way. >> Oh, your glasses fell. Okay. >> Please, if you Oh, not on my face. >> Okay. >> You No, you we'll put on. Do you need those to see? >> I do need those. >> We'll put them on for you. >> Yes. I can't see anything without my glasses. >> Jenny, is this your last known location? The Miami Beach Commissioner of Homestead is on. No, >> not yet. Not here. >> I need to know. Do you have any jewelry on? >> I have earrings and a necklace on. >> Okay. I need to see those. Okay. Those are going to have to come off eventually. Uh my partner's going to have to take those off for you. Okay. >> The commission home. I asked for a lawyer. >> Okay, great. She I have been unlawfully arrested. >> Okay. >> Okay. I just need you to lean forward and tell me where all your jewelry is at so I can take it off you. >> You ring that and necklace. I have been unlawfully arrested and the commissioner is on his >> slide out for a second. >> Are you sure? >> Yes. I'm asking you to slide out, please. >> Yeah. Just turn around that way. Move your hair. Okay. Commissioner Homestead is on his way and I have been unlawfully arrested. I want all body cams to know that the Commissioner Homestead is on his way and I have been unlawfully arrested. >> I want all body cams to know that I have been unlawfully No, I'm not pulling away. Ma'am, >> I'm not pulling away, ma'am. You used unlawfully force when you arrested me and the commissioner of homestead is on the right and I have been unlawfully arrested around me. >> The commissioner of homestead is on his way and I have been allowed >> and that is the commissioner of homestead is on his way and be arrested. >> The commissioner of homestead is on his way be arrested. The commissioner get back in is on his way. All three of you arrest. Yes. >> I have done nothing. The commission is on your way and I have been allowed. >> Yeah. >> The commissioner of Homestead is on his way and I have been unlawfully arrested. >> The commissioner of Homestead is on his way and I have been unlawfully arrested. >> We heard that. We heard you. No. >> Here you go. Let me help you out here. >> Not the cop. The the commissioner of Homestead is on his way and now has been arrested. >> Okay. Do I step in and >> I asked for a lawyer? Where do I go? >> Uh back in the car, please. Thank you. Thank you. >> All right. Nope. You're welcome. >> The Commissioner Homestead is on his way. And you and your lawyer. Got you. >> I'm sorry. What are the grounds of my arrest? >> I've already explained them once to you. >> You have You have not read me my rights. So, >> you have not read me my rights and you have not told me why I'm being arrested. And the commissioner of Homestead is on his way and I have been unlawfully arrested. I have not been read my rights nor told why I'm being arrested. And the commissioner of Homestead is on its way and I have been unlawfully arrested. So, let's get it together. >> Okay. >> Let's get it together. >> My partner is a type. I I'll answer any questions. >> No, you won't. No, I I have been not read my rights and I have been unlawfully arrested and the commissioner of Homestead is on you. >> Keep doing this. >> I can't. I wish I could. I trusted you. I really did. >> I'm here to talk to you. >> You don't. >> I'm trying to talk to you right now. >> No, you're not. And it's okay. It's okay. >> The commissioner of Common is on his way and I have been wrongfully arrested. I'm not going to all body cam. All body cams. >> All of them. >> Hi. >> Terrible. >> Good. >> Yes, sir. Thank you. >> You're welcome. >> I have not been read my rights. >> Oh, yeah. Correct. So, yes. >> I have not been read my rights and I have been unlawfully arrested. >> You only really get I am lawfully arrested and I have not been read my rights. Thank you. >> I'm trying to explain it to you. >> No, you're not. >> We're not asking you questions in reference to the case. >> I'm not asking any questions. >> I understand. >> You don't have to read your Miranda. >> I understand. You just close the door. It's okay. You got to do what you got to do. Close the door. >> Got it. >> Yes, sir. >> You got it. >> We went to school together, but that's okay. We went to school together, but that's okay. We went to school together, but that's okay. It's okay. I'mma let everybody know who you are. I already had witnesses. Everybody already saw me. If we can just put me on to bail, we'll go for it. Oh my god, what a terrible day. [ __ ] idiots. [ __ ] [ __ ] Oh, [ __ ] loser. >> You did not. I have not been read my rights and I have been unlawfully arrested. >> I also went to school with you. >> And we both know each other. I have not been read my rights and I have been unlawfully arrested. >> Thank you. >> Yes. Thank you. Sorry. >> We went to school together. What a disgrace. Yeah. >> What a disgrace. Going to school with you. >> What? >> Oh, yes. See, the whole set of furniture is on his way, by the way. >> Thank you. >> Yes. >> Bye. Let me know if you need >> Bye. >> I'm sorry. Why was I arrested again? What are my rights? So when my lawyer comes and says that my Miranda rights were not read to me and I was not told why I was arrested, it's okay. Correct. My rights were not read to me and my reasoning for being arrested was also not said to me. And so my lawyer is already on its way. I'm sorry. What were my rights? Why was I arrested? I'm sorry. Why was I arrested? Could you please tell me my rights? Could you please tell me why I was arrested? What are my Miranda rights? Thank you. In the state of Florida, is illegal to arrest anybody without reading them the Miranda rights. And I have no idea why I was arrested. And the state commissioner of Homestead is on his way. I really do wish you the best. I forgive you for what you did to me and your ancestors forgive you for what you did to me. And I really hope that everything in your life goes good for you. I really do wish the best for you. Can you tell me why I'm being arrested again? Excuse me. I would like to be told why I'm being arrested. Excuse me. My lawyer would like to be told why I'm being arrested. Seriously. Seriously. I just wanted to be told that she has personally had a vendetta against me. And that is why she is writing what she is writing on this report. Unfortunately, have not been told what my Miranda rights are against me. And that is also why the commissioner of Homestead is coming to my aid. And why was it that I was arrested and he was not? I'm sorry. Excuse me. Why was I arrested and he was not? Excuse me. Can you tell me why I was arrested and he was not the person that was supposed to pay the bill? >> Excuse me, >> ma'am. I'm trying to type this and with you just continuously talking. I'm never going to get the >> I was arrested and he was not. >> He did nothing wrong. >> He was the one that was supposed to pay the bill. So >> he did pay the bill. >> Why I But Exactly. So why was I arrested and he was not? >> You drove away with my hand in your door. >> No, I did not. >> Okay, that's fine. >> There's There are cameras. There are cameras on that street. >> That's fine. I know very well because my uncle owns all those cameras. >> Okay. >> I did not I did not drive away with your hand in that door. >> Okay. >> Why are you saying these things about me? What did I do to you? >> It's all on body camera. Okay. >> The body camera. >> Other than that, we have nothing to talk about because you requested a lawyer >> with the lawyer. >> You requested a lawyer. >> Okay. with the body cam and the lawyer. Why would you be willing to lose when I did nothing? >> Okay, that's fine. >> What did I do to you after the bill was paid for you to do this to me? And when the body cam is red, why would we even go through this? >> We can't talk. You requested a lawyer. I did request a lawyer. >> Okay, so stop talking about it. >> But then why are you doing this? >> For no reason? >> Sure. >> What do you mean sure? >> I don't understand. Why have I been arrested? Ma'am, >> listen. I am trying to get this typed and you just continue to talk and it's not helping anything. >> I understand. I'm just trying to understand why I'm being arrested. >> You asked for a lawyer. We can't talk. >> What's wrong? Fix your glasses. >> I want a lawyer. You >> want to fix your glasses? >> No. Okay, bye. What's up? Want a lawyer? >> I want a lawyer. >> Okay. When you get >> My bill was paid. Why am I being arrested? She says I drove away with her hand in the door. That's a lie. There's a lot of street cams that will prove otherwise. So, what are we doing right now? >> Go get your lawyer when you go. Yeah. Um, >> what's your question? >> What are we even doing? >> If all the street cam showed that her arm was not in the door while I drove away, what are we doing right now? If my tab was paid, >> you get arrested for the tab >> by the loser that I was with. >> Hey, what's going on with that? Yeah, he was a pretty loser. Listen, it doesn't matter. >> No, I was actually I'm just having you guys at dinner. >> I hate this [ __ ] 48 [ __ ] 43 street. Whatever. I just want to go home. >> Okay. Tell me why probably not. Yeah. Yeah. >> That's not the case. >> You know that's the case. >> No. No. >> You know that that's the case because if my tag was paid >> and she didn't have her arm while I drove off because I very well got my key. I got my key. >> Listen. I got my key. You got to listen. You got to listen. You are very intoxicated. And we told you your sister came to pick you up. You're like, "Go home." You pay the tab with B. >> I left with her. >> And you got You jumped out the car while it was moving cuz we saw it. You You get in your car. You start the car. >> She never put me in the car. That's a lie. >> Cuz I have a body cam. And >> that is true. >> You do have the body cam. >> I jumped into my own car with the valet. Six people went straight, including myself. You saw you. >> No, I didn't. I had the key. How did I get the key? How did I get the key to the car? >> Cuz we waited till your sister paid for valet. >> No. When she left, everybody said she paid the tap and the valet still needs to be paid. All of you said the valet needs to be paid. >> Yes. And she and she paid it. And then she was like, "All right, come with me." And then she you got in the car with your kid in the white car. Make >> And then you jumped out of it. Watch your foot. I got to sign. >> You know it's a lie. You know it's a lie. >> You know it's a lie. Huh? >> You know it's a lie. All right, we're going down to the jail. Okay. Okay, we're going to go in here. You have to walk up to the front to where you are uh in the foot marking. It's okay. >> I know. Will you shoot me? I fear for my life. >> Okay. Do you want to listen? >> This officer is >> Do you want to listen? >> Personally not okay. And I fear for my life. >> And I have already asked for my family to call the commissioner of Homestead. >> Okay. So, I'm going to explain it to you one more time. All right. When we walk in here, there's going to be a little box with like yellow feet. I need you to stand in there. I have to search you in front of them, and then I'm going to put your handcuffs to the front. Okay. >> Yes, ma'am. Thank you. >> They know who you are. >> Okay, that's fine. >> Already >> before we got here. >> Yes, that's fine. Everything is fine. Okay, >> we're great. >> You should be ashamed of yourself. I'm going to have you slide out here in a minute and then we're going to walk up. Okay. Come on. >> Hey, can I pull your skirt down before we walk over there? >> No, I can do it on myself. >> Okay, that's fine. There's a bunch of men over there. I'm offering to do it. You >> watch out, please. Excuse me. I have to close the door. I say makes everything. Let's follow directions. Walk up those stairs. That way up the steps. Up the steps in the squares. And I swear I sense my lawyer. I have nothing to do with your lawyer. >> Right. Lean forward for me. Lean forward for me. Lean forward for me. Lean forward for me. >> Can you let go of your hands? >> Can you let go of your hands? >> Okay. Turn facing. >> Turn face. >> Go down. Stand next to these other ladies. Go ahead. >> Go stand next to all ladies. Okay, that's fine. Go down and talk to those ladies. >> What you arresting for? >> No, I just needed to sign it. >> What you arresting for? Do you want to sign this property? No, I will not. >> No, you refuse to sign the property that you came in here with. >> Okay, that's fine. I want my lawyer so I can sign the copy. I don't trust you anymore. You refuse. >> This is not a question about who was right or wrong. It is a question about what four constitutional amendments, [clears throat] five Florida statutes, four Supreme Court decisions, [music] each demand and whether those demands were met. Florida statute 509.151 requires proof of intent to defraud, not mere inability to pay. A declined card or a third party on route to pay fails that intent element. No one was charged under this statute once the bills were settled, which is legally [music] correct. Florida statute 316 193 does not require a vehicle to be in motion. Actual physical control while impaired is sufficient. An officer who [music] prevents a visibly intoxicated person from entering their vehicle is acting within explicit statutory authority, not beyond it. Florida statute 843.1, resisting with violence, is a thirdderee felony requiring willful resistance accompanied by an act of violence. Florida statute 8432, resisting without violence, is a first-degree misdemeanor requiring only non-violent obstruction. The distinction between these two statutes determine the entire trajectory of this case. Florida statute 784 7 subsection 2 paragraph B reclassifies simple battery into a thirdderee felony when the victim is a law enforcement officer engaged in lawful duties, punishable by up to 5 years in prison and a $5,000 fine. This charge requires proof that the contact was intentional, that the defendant knew the victim was an officer, and that the officer [music] was acting lawfully at the time. Terry versus Ohio decided in 1,00 968 permits [music] an investigative stop on reasonable suspicions alone below probable cause. Graham versus Connor decided in 1,00 989 requires that any force used be evaluated from the perspective of a reasonable officer at the exact moment of the decision, not in hindsight, not with later evidence. Miranda versus Arizona decided in 1000. 966 governs custodial interrogation, not the act of arrest itself. No state in the United States requires Miranda warnings as a precondition to a lawful arrest. Atwater versus city of Lego Vista decided in 2000 and one confirms that full custodial arrest is constitutionally valid for any offense once probable cause exists, including misdemeanor. Probable cause and proof beyond a reasonable doubt are distinct legal thresholds. Charge is lawfully filed when probable cause exists. That same charge fails at trial when the state cannot prove every element beyond a reasonable doubt. The dismissal of the two felony charges here does not establish that the arrest was unconstitutional. [music] It establishes that the specific factual allegations could not meet the higher trial standard. Florida Statute 776 51 provides that a person may not use force to resist a lawful arrest or detention by an officer acting in good faith, even if the detention later proves unlawful. The remedy for an unlawful order is a legal challenge, not physical resistance. Physical resistance converts a civil rights claim into a criminal exposure. Three lessons the law draws from encounters like this. First, asserting rights incorrectly does not protect the misidentifying what Miranda requires or what a relative government position means in law. Provides no procedural advantage and no legal shield. Second, the actual physical control standard exists to prevent harm before it occurs, not after. Third, the charging decision and the conviction outcome are governed by different standards and conflating them obscures what the law actually did and [music] did not establish. Two felony charges filed. Two felony charges dropped. One [music] misdemeanor diversion still active. The body cam recorded everything. But the law raises a question this case may never formally answer. Was there sufficient independently verifiable evidence to sustain the felony allegations from the moment they were made? or was probable cause in this instance built entirely on a disputed factual claim that no external record confirmed. If the contact between officer and vehicle never occurred as described, then the entire felony layer of this arrest rested on an allegation the state ultimately could not prove. If it did occur, then two felony charges were dropped, not because the arrest was unlawful, but because the system declined to pursue them further. Those are very different legal outcomes, and this case closes without distinguishing between them. What this footage does not resolve is whether the gap between arrest and conviction in this case [music] reflects the law working correctly or an error in the initial charging decision that the diversion program quietly absorbed. That question left [music] open is exactly why body cam footage and legal accountability exist. Not to confirm what happened, but to [music] demand that someone be able to prove it. >> I started trying to hit him with it. Then that's when I started hitting his window because he was trying to hit me with it or something. for charge because I already sh on me. >> So nothing going to be done about that. That's >> DJ. That's the thing. You put your hands on me. >> A single act of property damage can trigger three different criminal statutes, three different legal standards, and three different defenses. >> I'm going to wait for my friend. Pick me up. It's nothing. It's >> okay. Well, let's figure out what's going on. So what? You got in an argument with >> I got an argument. That's it. But my friend is coming to get me right now. Right, Tori? >> Okay. Okay. Well, let's figure out what's going on before we >> Okay. >> Who you got in an argument with? >> I got an argument with my friend. >> Who's your friend? >> His name DJ. That's my hand is so bloody because I got an argument with him. >> Okay. Why is your hand bloody? >> Because I I was hitting him and he was beating me up. >> Okay. Where'd he go? >> I don't know where he went. I don't care where he went. I don't care. He I'm not pressing charges or anything like that. >> How do you How do you know him? Is this your friend or are you guys in a relationship? >> We talking. We're not in a relationship. We talking. >> Not in a relationship. >> Okay. >> And Okay. It's not broken or nothing, right? >> No, I'm okay. >> Do you have your ID on you? >> I shouldn't have my ID on me. >> I don't think I have it on me though. But if you want to see my ID, you can look me up. I just got arrested 3 weeks ago. You can look my ID up. >> For what? >> So, shut up. No, because the mother [ __ ] he called the police on me. >> He did. Somebody else did it. >> Okay. But Okay. But I'm just I'ming. >> So you and DJ were arguing. You saying he he punched you or what? >> He beat my ass. You You see my ass? He punched my ass. He beat my [ __ ] ass. This one ass [ __ ] I swear to God I'm going to beat his [ __ ] ass and I got [ __ ] brothers. >> Where did this happen at? >> Right here. >> Right here at [ __ ] office. That's why. [ __ ] Okay. I swear to God. Oh. Oh my god. My friend come to get me. There's a car here. >> Cory, where is you? So I can [ __ ] go, bro. >> Yes, you took my ear. >> No, you to my ear, Tori. >> All right. Can you tell me what happened? >> Can you pull all the way to the back? >> Tori, come on. You getting wet, I'm trying to leave. I've been trying to tell you that. You can't wait. Dory, come on. Every time I always get in [ __ ] trouble. Come on, ma'am. Damn. >> Ma'am, >> I'm not talking to you. I'm leaving. >> Okay. Well, you're not leaving. Okay. And talking. >> I know that. I know that. Mom talks to my friend. >> So, tell me what happened. Damn. >> Your friend's on their way. >> So, just tell me what's going on. >> You, bro. How are you? >> If she'll tell me what happened, then we can move on. Okay. >> Okay. >> Okay. Okay. Hurry up. >> Yelling at her ain't going to get her anything real bad. >> I'm just staying because I want to leave. >> Okay, that's fine. But you got to tell me what's going on. >> Okay. Okay. He got mad because uh I was going to I had my friend come get me. >> Okay, >> that's it. And this the friend that I'm talking to right now, that's the friend that was going to come get me. >> Okay, boom. So, he got mad or whatever like that. So, he started trying to like, you know, come come toward me like he was in front of me. So, >> you know, like the little like the little banners that like show advertisement. You You supposed to be my friend, but you're not listening. >> I My dispatcher was talking to me. >> Okay. So, you know the little dis manners that like supposed to show advertisement? >> Mhm. >> Okay. So, the little dis maners that was supposed to show advertisement, I pulled him out because he was trying to swiggle me. So, I was not going to swiggle him. But >> yes, >> he was going to swiggle me or whatever like that. >> Did you come here together? >> Yes. That's the thing. We came here together. >> Okay. We was running the fourwheer and the dirt bike together. >> Okay. >> Okay. So, we was running the phone with the dirt bike together. I told him that like he he not he not the type of dude that understand like okay if you tell him something he going to like just go oh well with it. He feel like he respected man. He feel like everything a a woman supposed to do supposed to like believe him. Okay. So boo. I'm not on that type of [ __ ] I'm not going to uh [ __ ] do that [ __ ] So [ __ ] we cool. we cooling and all that. So boom, >> I walked outside and I [ __ ] told him, "Bitch, I'm ready to go home. >> I'm ready to go home." So I told him, "I'm ready to go home." He mother So he [ __ ] act like he supposed to He told if you sprinkle me one more [ __ ] time, he told me if you sprinkle me one [ __ ] time. Okay. All right. >> Yes. >> All right. Where are you? I'm right here talking to the police. Groover. >> Most people don't know how to talk. >> Okay. But Groover, he talking to me. Okay, sis. >> Okay. Okay. Okay. Okay. >> All right. Right now. Okay. >> All right. So, you guys fighting? >> Okay. We was fighting. I pulled the little like the disbanders, the advertisement [ __ ] I pulled him out the thing or whatever because he was going to hit me. So, I didn't want to hit him. I never want to hit him. >> What do you mean you're pulling him out? >> Because he was he he started swinging on me. He started like like he want to swing on me. >> So how did you grab a hold of them if he was swinging on? >> Because they was in the dirt like like if I show you over there I can show you the things that you could pull out from the dirt. They like advertisement like you know like a little banner. >> I thought you meant you were pulling on DJ. >> No, you pull on the banner thing to like protect yourself. >> No, no, no, no. I was putting on the little banner thing to protect myself because he was going to tickle me and he is a dude and I didn't want to. I didn't think that he was going to like really like pit his on me, but he p his on me. That's how my finger start doing this because he he swung on me to the point I hit the ground. >> Okay. >> So when he when he smuggled me when he smuggling me. >> Mhm. >> I start trying to hit him with it. Then that's when I start hitting his window because he was trying to hit me with it. >> Of his car or something? >> Huh? >> Of his car? >> No. Of the the [ __ ] office. Okay. >> But I'm not >> but I was just trying to hit because I was trying to do more because he punched me in my face >> and I fell against the ground. That's why my fingers are so bloody >> because he he pushed me against the ground. That's when I called y'all because I told my friend to call you. >> Yes. >> We didn't get a call from you. >> Oh no. My friend and me. Yes, you did get a call from me. He didn't get a call from you. I had to call >> I call I've been going away earlier. What do you mean? >> Don't look at me. I don't >> I swear to God I've been on the way earlier. What the [ __ ] Like he beat my [ __ ] ass. Like >> Okay. Well, I'm just telling you I I didn't get a call. >> Okay, but I'm letting you know right now that I was not trying to call the police because I was not trying to get anybody involved. But >> did you call or not? >> I did. Me and my friend. That's my friend on her way right now. >> You want to go find wherever the complaining is? >> Yeah. >> I don't care where the [ __ ] complaint is. He beat my [ __ ] ass. He punched me. He beat my ass. See the first person that threw a lick. I don't give a [ __ ] what happened. >> Okay. Well, you're not making any sense. You're all over the place. >> I'm not all over the place, but I just told you he is here before me. And that's when I put the [ __ ] advertised down and I was going to swing on the other and that's when he left. >> You see, he not here right now. >> Okay. I don't know. I didn't go back there. >> Okay. Well, you could go right back here. >> I'm talking to you right now. The other >> He not going He not back there. >> Did he leave in his left? He smoking but he left. >> Stop screaming at me >> because I'm just trying to get you to understand it. >> Well, it's harder for me to understand when you're going talking. >> Okay, whatever. Okay, >> I figure out what's going on. >> Okay, I just want my friend to come there. I just I don't care. >> So, >> look at my hands. Look at everything. >> How did your hand get like that from falling? Punch the [ __ ] out of me. >> Okay, I'm trying to get you to understand, bro. >> You screaming ain't going to help me understand. Come back. Hurry up, bro. >> Can you come back? >> Hey. Like, I did something to this man. He had he was going to call. >> Somebody look, listen to me. >> Whoever DJ is, he didn't call a person. >> Okay, I don't care. But he is his I don't care. So, do you want to report this? >> I don't want to report. I'm just saying if they reported that, [ __ ] I'm going to let you know what happened. >> Okay. So, we got to do a report on it. So, I'm trying to figure out your side of the story. >> Tori, where are you? >> Tori said she's 5 minutes away and she's almost here. So, >> Oh my god. >> Don't quit yelling at her. She didn't do nothing. >> I know she not did nothing, but I'm just saying that's my hands are so bloody. Both my hands is bloody because he pee my mother's [ __ ] ass. He pussed the [ __ ] out of me. Before y'all came here, he left. That's a thing. That's the thing y'all failed to realize. He ped the [ __ ] out of me. >> What are you talk? What do you mean I failed to realize it? >> Okay. Because you was not here. That's what I'm saying. To failed to realize because you was not here. >> I realize it cuz you told me. I didn't. >> You not realize anything? Because you not believe you. >> I said I didn't believe you. >> Okay. But that's how you make it seem like you don't believe me. And I'm letting you know right now what happened. I'm not trying to be on no [ __ ] [ __ ] or no [ __ ] anything. I'm let you know what what happened. >> Okay. And I'm listening. >> Okay. You saying that I [ __ ] punched the [ __ ] windows out and all that [ __ ] He beat my [ __ ] ass before y'all [ __ ] got here. That's why he gone right now because he beat my [ __ ] ass before y'all got here. And Tori was on the phone with me. Why he beat my [ __ ] ass? My friend going to pull up here and she going to tell y'all when the [ __ ] it happened. >> Okay, that's fine. >> Okay. And she going to pull up. >> Okay. >> Okay. >> Was Tori here when it happened or she was on the phone? >> I hate you, Tori. Okay. I know. I know. She's coming. >> She's coming right now. She going to let you know right now. >> She was on the phone with you. >> She was on the phone right now while I got my ass whooped. That's why my hands all bloody. Everything. Look. I put his fridge right there while we was on his phone. We dirt bike. We got the fridge back there, too. >> Where did he punch you at? >> He must be running my face. What do you mean? >> What do you mean? What do I mean? Stop. >> Stop asking me a question because you me because in I'm trying to I'm trying to make some sense here. >> Okay. Okay. Then take a deep breath. No, I'm not going to take a deep breath because why would he Bro. >> Every time. It's just every time. Like literally every time, bro. >> Every time. What? >> Every time. I just got locked up two weeks ago. Okay. >> Every time. Like every time. The [ __ ] Every time. The [ __ ] >> Don't hang out with him anymore. >> I don't hang out with him. This is my [ __ ] third fourth time hanging out with him. >> But he would be late because he got mad at something I said to him. Like I told him I was I was ready to come home. Okay. So, he got mad at something you were saying to him and he pushed you to the ground. >> Is that correct? >> Keep your mask. Tori, get out the car, please. >> All right. So, >> this is my friend right here. >> That's fine. >> You're not going to understand. >> Okay, but calm down. >> I am calm. I'm just >> What happened? >> He beat my mother. >> I know. I was on the phone. I heard all the freaking junk going on. I did hear everything that was going on. I did. And then he just got in the car and he left her and then that's >> Exactly. He beat my ass and he left me. That's what I'm trying to get him to understand. Like they trying to make it seem like I I did both out his window cuz I did. But the thing is he beat my [ __ ] ass. That's the thing. He just he dragged my ass and he beat my [ __ ] ass before he left. That's the thing. Did you call your mama? I called mama, but I called you because mama could call you. That's the thing. Like bro, whatever, bro. Whatever. What's going on? She's kind of all over the place. I'm trying to figure it out. >> Oh, yeah. Because I'm sitting by myself. >> So, now that now that she's here, we can calm down. >> Okay. She's here to get you. So, come over here and let's start from the beginning. >> So, you and DJ are here. You're riding the dirt bikes and stuff. And then >> riding dirty. >> Okay. And then you say something he doesn't like and then he comes at you and >> he smuggled me because I don't know why he smuggled me. He just smuggled me. He smuggled me and he hit me the hardest thing. Well, first of all, I heard him I heard him walk in and he said something and then they started arguing and it it just really went escalated really fast. That's really what I heard. All I know I was on cuz I was on FaceTime with her. >> Do you have a driver's license though? >> No, I don't have Florida ID. >> Yeah, I have Florida ID, but I don't have my ID on me. You got a picture of him? >> That's fine. He's going to he's going to check it. >> Okay. So, he swings on you. He punches you in the face. >> Huh? >> Ma'am, he punched you in the face. in. >> Yes, he punched me right in the [ __ ] thing. He punched me in the basement. I Bro, it's four people right now, bro. If you want to go to the garage right now, I swear to God, it's four people in there right now. >> Okay, we can do that. >> Come on, let's go. >> I want to make sure I have your story. >> I want you to go to the four people right now so they can start calm down talking to this man like that. They're not going to listen to you. >> They're not listening to me. I'm your sister. I want you to listen to Cal. I am listening to you, but it is Tori, bro. >> Look, bro, calm down >> because Tori eat on me. That's >> telling him that, but just tell the four people if he can go down there and talk to them as the >> They're not going to defend me. That's the thing. That's okay. >> Ma'am. >> Okay. I don't care, bro. They're not going to defend me. That's a thing, ma'am. >> They're not going to defend me. There's sides to every story. So, I'm getting your side first. Okay. >> Okay. What? >> Are we going to talk? >> I just told you we rolled the phone with him. We came back here. >> Okay. >> We rolled the phone with her. We came back here or whatever like that. I told him I was on the phone with my friend. I told my friend My friend was telling me that she was going to meet up with me. Okay. >> Tori right here. >> So she told she was going to meet up with me or whatever like that. And then we got outside. >> He got mad at something. And then that's when when I pulled out the thing that like the advertisement thing like the little balloon thing or whatever like that. I pulled it out and I was going to u [ __ ] swing on him. >> Okay. >> After he munched you. >> Yes. That was sweet. >> You punch in the part to tell him where he punched the window. >> He punched me in my face. >> Just let me >> I already told him that. >> Freaking out. Okay. >> I already told him that. >> Okay. So you you said something he didn't like. And see he fed something on the back. >> He punched me. I already said that. I I I swear I pulled the thing. I need more than just that. >> I already told you that. >> So you were mad cuz he punched you. So you >> Okay. He punched me to the ground. That's why my hand is like this right now. >> I know. I know. >> So you take the thing and you hit his window over the office window. >> Okay. He drove out here. He not going to come back. >> Okay. >> Okay. That's fine. Just I'm not working against you. I'm not on anybody's side. But >> I'm not trying to take anybody to jail. Okay. You can we can calm him down. >> All right. So, you take the advertisement thing, hit the window out, and then he left and that was it. >> Yeah, that was it. And I was waiting for my friend to pull up on me again. >> Do you think he left? Because he didn't want to get involved. >> Because he beat my ass. That's the thing. He dragged me everything. He beat my ass. That's why my hands is bloody. >> Okay. Do you have any marks on your face, Kenzie? >> No, I don't have any marks on my face now that I believe it. I just haven't even mercy my hand from the concrete. >> Yes. >> Okay. >> What happened, sir? My friend, >> I don't know. She's a little upset. >> She smashed in the window of >> You bust somebody window, girl. >> A few windows. >> No, that's her car. She got a car. >> No, he said you bust somebody window. >> I did because you smoke on me. You're right. I smoke on my hand is busted. What do you mean? Well, why you bust the man windows out? >> Because he swung on me. My That's a whole dude. What do you mean? >> Well, come on, girl. Come on. Why? Dang. Do you know who DJ is? >> No. I've never met him. >> Dang. >> Probably shouldn't hang out with him anymore. >> Yeah. >> So, she's saying that he punched her. So, she grabbed this metal rod and started smashing the window. >> You said what? >> She told me that he punched her. So she grabbed the metal rod over there and started smashing all the windows to his car and then the office building. >> Um we don't know who he is. So we can't get >> I don't know who he is either. >> Um and then see if they >> he wants press for the window part of it. So it's going to get written up. It just has a like an information report until we can get >> further on information on who he is and >> really have and there are cameras. So >> um we should be able to get hold of business owner on Monday and and roll those up if need be. But Right. >> I don't know. She's She's >> I don't want her to have to get in trouble for it. So, she probably shouldn't hang out with her. She's >> She goes around smashing windows. She's It's >> I know >> that can quickly turn into a felony. >> I know. >> Cuz windows are expensive. >> Oh, I know. >> So, I don't know. She doesn't need to be getting a felony. She just turned 18. >> Yeah. >> So, I don't know. I I talked to her and just she didn't want to listen to me. But >> Oh my [ __ ] god, man. >> Did you know about this, too? >> No, man. >> Oh, so you were gone when she did this? >> I told you I was pulling cuz if you check my record, you can tell I went to jail for stuff already in the in the domestic thing. So, I know how to avoid it. >> She literally just left. >> So, what I did was I pulled out. She like, "Yeah, take your ass on. Go on." >> So, I slid. The first thing she did was grab this plant right here. >> Okay. >> And threw it right here when I was here. >> Okay. So I said, "Okay, now you bust that [ __ ] You know the people going to call the police on you now. >> I don't give a [ __ ] Okay, let me get up out of here right now then. I don't want no parts of this shit." >> So when I left, that's what was all this. I put that back cuz you know it was disrespect. I was going to come clean it back up. But I didn't know she [ __ ] did this [ __ ] Cuz another >> This is your place. >> Yes. Okay. >> And another dispute we have what really estimate pressure is on. >> Please don't do that to me, man. >> Well, so if I'm going to be honest with you, I know I'm not even going to be able to. I know they going to, you feel me? Mr. Ralph, y'all know Mr. Ralph. This is >> We don't know him. That's who owns all this. I know Mr. Ralph. >> So, so here here's where we're at, though, right? >> You don't have >> Yeah. You don't So, here's the thing. I I cannot force you to lose with us. >> I can't force you. It's entirely up to you. All right. But we're at a we're at a crossroads here. You can go left, you can go right. I cannot make a decision for you. So, if you want to press charges, that's one route. Or if you don't, all I got to do is you sign a little piece of paper and then >> also got to get within reason. >> Yeah. And then we need to talk to him. >> I got I got to call him. I ain't going to lie to you. What he did to her? What she did? >> The front windshield smashed. >> Oh my [ __ ] god. He was about to [ __ ] go crazy. Oh my god, boy. Oh my god, boy. He about to go crazy, boy. >> So where were when you left, where was she? >> She was flipping standing right. >> She was She was throwing them up, throwing them on the ground right there. >> Would were you the two of you get physical at all? >> Cuz boy, get here, boy. Was there anybody there that besides the two of you that could >> The only two They were here first. Them two were the only two that was here. >> The gentleman over there. >> Yes, they saw her do all that. >> Yeah. See, I Hey, cuz boy, get here, boy. To the shop, boy. She She [ __ ] the car, boy. >> I don't even know who the [ __ ] is. >> This is your business, too? >> Yes. >> You want to brush for the business? >> Got to, bro. We going to pay for this [ __ ] I'm not paying for this [ __ ] >> Okay. So, what we're going to do, I already got you guys information. I'm going to give you a case card. It's going to be for the It's going to be my name and it's going to be the report number, all right, that we're going to write. Um, obviously, if you're going to go through insurance or anything like that, give them that case number as well. Okay. And then >> and then the other thing we need from you is we need your estimate on what it's going to cost. >> Yeah. The front windshield. >> All that I'm aware of. I mean, I don't know. I wouldn't let her. >> Yeah, that's what she she was tripping about acting like a little [ __ ] girl. >> So, since we're going to go ahead and do charges, would you guys be going to fil affidavit describing everything that happened? >> Yes. Yeah. >> Um and >> he wasn't here. Neither one of us was here when this >> Right. At least at least describing everything that led up to >> okay >> when you guys left. >> We told you everything already. >> You were you were with him and her. >> Yeah. Earlier when I was on her and she kept bitching about let me ride, let me ride. You l >> and then after that we left and then called me on the way back here. >> Question, last question for you then. Um, as far aside from the affidavit and I know you said the issue with the battery and the cameras and all that. Were you able to find anything that captured any of >> this? All right, let me get the affidavit for you guys. >> Hello again. >> How you doing? >> Good. Do you remember me from earlier? >> Huh? >> You remember me from earlier? I was one of the deputies. Is uh here? >> Yeah, she right there. >> Hey, can we talk to you real quick? >> Yeah. >> All right. So, real quick, put your hand on your back. All right. She going to go to jail. Wow. One more >> because of the damage to the vehicle and the glass. >> Okay. >> Hey, I found one >> as a separate. >> Oh my god. >> Come on. Can you open those up, please? >> 21. Do you have a senior deputy sending full search? >> Yes. right down the >> coming to go this way. Come on. >> Hey, stop. Stop. >> Stop. Swear to God. It's okay. I didn't do [ __ ] the phone. >> Please don't me. >> Go get my phone. Go get my phone right now. Go get my phone. Please. >> Go get my phone. Please. Go get my phone. Get my phone. I don't care. We going to go out here right now. We going to go here right now. I don't care. Go get my phone. >> Well, we're going to go to the car and then >> No. Let go get my phone. >> Come on. We'll bring the phone to the car. Come on. >> No. Stop trying to arrest me for nothing. >> We will bring the phone to the car. Come on. >> Oh my [ __ ] god, bro. Y [ __ ] green, bro. I swear to God. Y [ __ ] green. Yo, let alone. >> Come on. >> Bro, y [ __ ] green, bro. >> Listen, a deputy's going to come search you. Is there anything on you that she needs to know about? Any weapons? >> Drugs? >> No. No. No. No. No. I'm not [ __ ] dumb, [ __ ] I'm on pro right now. The [ __ ] you mean? >> Okay. >> The [ __ ] >> I just had an ass. >> I don't care. The [ __ ] >> Okay. All right. Do me a favor now. The car right here with the American flag, you can just go ahead and face that. Okay. >> Mhm. My cousin Destiny. Come on. Come here, bro. She's going to bring your phone and that'll go up to the jail with you. Okay. >> Okay. >> Y'all going to take me to jail for what? >> For criminal mischief. For smashing the windows of the vehicle. And >> it's on me first. The thing is y not understanding. >> Well, I will put that in the report that you said that. >> You don't have to be on the report because that's on the camera. He had a ring like on his office. The [ __ ] >> Okay. >> I don't care, Mom, because they trying to run through for nothing. Come on. He being this on me. I already told to the police. >> So that's still getting >> Mom, can you get my phone? Please. Can you give me my phone? Phone's right there. >> Get it right now. I was talking Give me my password right now so you can call him right now. >> We're not going to call him. >> Why? But y'all said he pressed charges. >> Talk to him. >> We already spoke to him. >> All right. Okay. Let's call him again. >> No, we're not. We're past that point. >> Oh my god. He's so greedy. >> He press charges on what? >> He press charging because I did [ __ ] but he be his on me. So ain't nothing going to be done about that. That's >> DJ. That's the thing. >> It will be It will be documented in the report. All right. It will be sent up to a supervisor. It'll be investigated. The state was going to look at all of this. But right now, she's going for all of that. >> Oh my god. That's so [ __ ] green, bro. >> But I just talked to the police. >> Nobody said I was getting press charged or anything. So >> that was before we spoke to them. >> Okay. Hey, but the thing is you met with him, but you ain't talked to him about him peeing his [ __ ] hands on me. >> Yes, we do. >> Okay, so what the [ __ ] do you mean? Okay, but they he on me. >> It don't matter. He pe his hands on me. That's the thing. >> Now he want to press charging. >> Okay, but [ __ ] I press charging. He his hands on me. The [ __ ] He on me first. Let's go. Let's go. Let's see that ring camera. That's the thing. That's what they trying to [ __ ] [ __ ] >> I don't care. >> That's not what they >> I don't care. I don't want to talk about the damage. >> So why he b his hands on me? >> We understand that, >> bro. All right, bro. >> Hey, we're giving you the courtesy of talking to your mom. I'm not talking to you and screaming. You're going to be putting >> I don't care. I'm not talking to you. I'm talking to my mama. That's the thing. I'm going to have to put stuff away in a minute. You're going to keep acting a fool. >> Mama going to stay right here. >> No, she will. >> You're not in charge here, ma'am. >> Okay. The thing is you trying to make something nasty. I'm not. >> Bro, move away. >> Just casually talk to your talk to him. >> I don't need to scream. >> Just talk to me. >> It's simple. They he he done pressed charges on on the windowless. >> Get my phone so you can call him. >> But they say he already they done. >> Get my phone so you can call him. We're not doing that. >> He didn't want to answer the phone when you were calling cuz he already done had to record it to the to the police. All right. >> Oh my god. >> Call him right. No, that's a thing. You understand? You real like >> Don't do this. All right, we're going to go in the car. You feel lame. >> Stop. >> You feel lame. >> I'm not being lame. >> Come on. Sit down. Sit down. >> Put your feet in. >> No. >> Put your feet in. >> Put your feet in. >> Put your feet in. Come on. >> Put your feet in the car. Stop making this harder than it needs to be. >> Mama says she car. >> Will you please put your feet in the car? >> Mama say she in the car. She got my phone. We don't need to talk to him anymore. We've already talked to him. >> But what did he say? >> Exactly. That's the thing. >> I'm going to ask you one more time. Please put your feet in the car. >> Oh my god. You're so creepy. You're so creepy. You're so [ __ ] crazy. You're so [ __ ] What did he say? >> All right. So, at the end of the day, here here's the issue. Okay. So, everything that she's telling us that she told us that happened over there, we have literally zero evidence to support what she said. Zero. But she says cameras and everything. >> I I understand that there's nothing nothing on camera got caught that we were able to view. >> All right. So that's number one. There's nothing to support her claims. Meanwhile, I've got windows that are smashed, a car that is completely smashed in. I have eyewitnesses completely not even involved with them, like independent witnesses, right? Workers that were there who stated to me they saw her smashing the hell out of this car and throwing bricks through windows and everything by herself. She was there. They didn't see anybody else there. She meanwhile is telling us >> she say that he had no love. >> I I understand that. But understand me being the neutral party here. Okay. >> Right. >> She has nothing to support anything. Right. Meanwhile, I have all this other evidence. And the other issue here is she keeps saying, "Oh, he he punched me in the face. He hit me, you know, 10 times, 20 times, whatever it is." Right? She had zero injuries to her face. >> Well, she got scratches on her hand. But that's also People were dragging her. >> I understand that. But here's the issue. She had that one injury, right? There was nothing else that we saw anywhere on her body. Her clothes didn't look dragged at all. She got no injuries on the face. We looked at >> the other business next door has cameras that points there. So on Monday when they come back and are open, we can get those footage. >> And when I looked at his his hands, no injuries on his hands. >> Show perfectly what happened. >> There's nothing to support what she's claiming. >> Hey, stop. Stop. >> Calm down. >> So here's the other thing. And maybe you can explain this to her. Yes. >> If she keeps kicking here, here's what's going to happen. >> Okay. >> You're going to get another charge if you break the window. >> Explain to her that she's about to catch another charge. Yeah. >> Bro, I [ __ ] them out. You green as [ __ ] Get the [ __ ] away from my window. Get the [ __ ] away from >> You going You going to get another child? >> Shut up. Don't talk to me. >> You don't tell me no. Shut up. >> You green. >> I'm green. I wasn't even there. >> I'm green. I don't care. You're green. Green. You agree? You agree? >> Ma'am, >> we're getting nowhere with this. So, thank you anyways. >> I'm sorry. >> You got my keys? >> No. Getting back to you. >> You sure? >> Oh, Ginger coming. >> I could not hear what she said. Ginger because of her screaming, but she acknowledged a transmission. I just don't know what the outcome of this was. Did you hear? >> I'll ask. >> Hey, listen. >> Bro, [ __ ] you. Bro, shut the [ __ ] up. [screaming] >> We're done. We're done. >> I don't care. >> I'll take the phone. >> Bro, get my If you don't get I swear to God, [ __ ] >> I swear to God, Mom would never talk to you for the rest of my life. I swear to God. You won't let me talk to you, >> bro. I swear to me, >> y'all [ __ ] lying. >> Listen to me, >> bro. Move, bro. I don't want to talk to you, bro. >> Okay, so I'm going to be real with you. If you if you keep acting the way you are, two things are going to happen. I will charge you again. And you already have felony strikes against you. If you want to keep stacking them up, by all means, we'll do this. So, you can stop and grow up and act like an adult and stop doing that. The second thing that will happen to you, >> taking me to jail for what? The second thing that will happen to you. >> Aren't you taking me to jail for? What? >> I already told you. Criminal mischief. >> Why are you taking me to jail? >> If you also listen, if you keep kicking my window, listen, let me finish. Let me finish. Why you taking me to jail? >> Yeah. If you let me get this, if you let me say this, I'll tell you why. Okay. >> Okay. >> If you keep kicking my windows, I will also strap your legs together and I will spray you in the face. >> But why are you taking me to jail? >> Because you smashed windows out. >> He beat my ass. That's the thing. He's a [ __ ] man, >> bro. M I swear to God, you so pretty, bro. I swear to God, you a lame ass person, bro. >> A female deputy to come search her to make sure she doesn't have any weapons or narcotics on her. >> Step out. I got to make sure we don't have anything on you. >> I don't feel like >> when you step out, go ahead and face the car. How did you end up? >> You only get the one shoe. >> Both of your shoes are in there. We'll get them out for you. >> I swear to God, you're green as [ __ ] bro. I don't give a [ __ ] bro. You green as [ __ ] >> Why you want to press >> I don't care. You're green. You're green as you're green as [ __ ] >> I don't care. for his [ __ ] bro. >> All right, stop moving. >> Can I get my Can I get my shoe? >> We'll get it for you in a second. >> It ain't nothing in my pocket, so I don't care. I can look all day I won't. >> All right. >> Can you see if uh transport one? >> There's nothing in my pockets. I just told y'all that. >> I still Okay, y the whole thing. Ain't nothing own nothing on me. >> You green as [ __ ] And it might as [ __ ] You already know. I already told you everything. You green as [ __ ] >> I don't care. Shut the [ __ ] up. >> The [ __ ] you going to [ __ ] b me? >> I don't care. >> The [ __ ] You green as [ __ ] because I did that [ __ ] my [ __ ] mom and you think about me at all. You think I was doing I don't care. >> Stop, >> bro. I [ __ ] hate you. I [ __ ] hate you. I [ __ ] hate you. I hate you. I don't care, bro. I don't care that [ __ ] >> Stop. >> I don't give a [ __ ] >> Keep [ __ ] You're going to end up. Shut the [ __ ] up. Get the [ __ ] off my face. You dumb ass cracker. >> What's that >> [ __ ] Ain't [ __ ] about the [ __ ] ponytail that holder. >> I'm very sensitive. >> The [ __ ] You can take all that [ __ ] off, [ __ ] The [ __ ] Yeah, man. [ __ ] the dumb ass. >> All right, bro. >> Stop fighting us. >> All right, sit down. Got a seat. Stop. Stop. Can you [ __ ] ass kick the windows out? >> Stop. You're going to get hobbled. [screaming] [ __ ] bro. [ __ ] you, bro. [ __ ] you, bro. >> [ __ ] you. >> I'll be stopping at 57 and 15. Can you send me another unit? [screaming] Everybody [ __ ] me, bro. [screaming] [ __ ] blow me. What the [ __ ] bro? [ __ ] >> [screaming] >> All right. >> Do not kick. >> No, she's going to kick. >> Nope. She's getting hobbled. >> No, she is. Got to unlock it. >> Do not kick. All right. Do not kick. >> It's open. It's open. >> Stop right now. All right. You kick me. That's another felony. Okay. Do not kick me. Taco Bell. >> Don't kick me. >> Don't kick me. >> Do not kick me or you will get another felony. >> Don't Don't pull. Do not pull. >> Don't me. You got to take it apart. You can't. Do not kick me. Don't kick me. You can't take it apart with a clip. >> Let me go. >> Stop. Let me go. >> Let me go. >> Let me go. [screaming] >> Stop. Stop. Please stop. >> Let me go. >> Okay. >> Stop kicking. Stop kicking. All right. Just hold her leg. I got this one. Stop. >> Let me stop. >> Get him. I got it [ __ ] up now. Stop. Stop. >> Let me go. Let me go. >> Let me Okay. >> Stop kicking. Stop kicking. Stop kicking. >> All right. We got We got her. We got her. We got her. >> All right. Put it down on that foot. >> All right. Well, you just got yourself another charge. Congratulations. You're not getting charged with battery on the law enforcement officer. A. >> Okay. >> All right. Hold her there. >> Let me go. Let me [ __ ] go. >> Hey, listen. Calm down there. Calm down. >> I don't [ __ ] care. >> Leave me alone. Leave me alone. >> That's what you going to get. >> Put your feet in. Oh my [ __ ] god. >> It could be so for [ __ ] Exactly. Where the [ __ ] you go? >> Yep. >> Can you follow me up there? >> Yeah, I know. >> Yeah, I got something. Leave me alone. Leave me alone. >> Got no gas. >> We didn't need to do this. >> So what? Come on. >> All right. We're good. >> Maybe when you load it. >> All right. Can you follow me up there? >> Yeah. >> Thank you. All right. Sorry about the search. I had a better night. All right. What decides the outcome is rarely what happened. It is which legal threshold got crossed. Florida statute 8006.13 defines criminal mischief as willful and malicious property damage with penalties that scale directly to the dollar value destroyed. Damage under $200 is a misdemeanor. Damage of $1,000 or more becomes a thirdderee felony. Florida statute 8432 criminalizes resisting an officer without violence. A first-degree misdemeanor that requires no physical contact at all. Florida statute [music] 784. 7 elevates ordinary battery to a thirdderee felony the moment the victim is a law enforcement officer performing a lawful duty. The fourth amendment permits a full search incident to arrest without separate justification. A standard set in United States versus Robinson in 1000. 973. The controlling use of force standard comes from Graham versus Connor in 1000. 989 requiring objective reasonleness judged from the officer's perspective in the moment. Three factors control that standard. the severity of the offense, the immediiacy of any threat, whether the subject is actively resisting. Restraint devices applied after repeated verbal warnings are consistently upheld once resistance is active and ongoing. Being the victim of one offense does not under Florida law, excuse a separate and unrelated offense. The clearest lesson here is evidentiary. Independent witnesses carry more weight [music] than either party's own account. A second lesson, statements volunteered without being asked are still fully admissible against the person who made them. A third lesson, resisting a lawful arrest almost always adds a separate, more serious charge on top of whatever prompted the arrest in the first place. None of these principles depend on who was right at the start of the encounter. So the real question is not who made the first accusation. It is which side understood the law well enough to know what would happen next. >> Ma'am. Ma'am, can you come here for a sec? >> Or fraudulent. So, it's a fraudulent check. And the owner of the check said it's a fraudulently issued check. >> A 19-year-old stands at a bank counter holding a check for more than $7,000 that is not hers. She says a stranger paid her to cash it. Is that a defense or a confession? Hey, how are you? >> Mhm. There. I got this uh I didn't make contact with her yet. So >> ma'am ma'am, can you come here for a sec? Can you just hang up the phone real quick? All right. So, there's apparently a there's a issue going on right now. All right. Uh, so >> I just want to make sure you're talking to the female or what? >> Yeah. >> So, the bank contacted us uh the check that you're trying to cash this one. >> Yeah. >> Correct. All right. And this is your ID? Yeah. Correct. >> So, >> how'd you get here? >> What car? >> And the car over there? >> Yeah. >> What kind of car? >> Camry. >> Wake Camry. >> There is one. >> Okay. What's his name? >> I actually don't know anything. This is my friend's friend. >> Your friend's friend? >> Yeah. >> Okay. So, how how did you uh come in possession of the check? >> He gave me the check for uh having solar panels. And >> he gave you the check. >> Yeah. >> Okay. And who is he? What's his name? Do you >> That's my friend's friend. >> Okay. And who's your friend that had you uh meet up with him? >> His name is Eli. >> Eli. >> Yes. >> Okay. Where does he reside? Hello. >> Where does he live? >> He lives in Jersey. >> In Jersey? Do you know where? >> No. >> Okay. Do you know his last name? >> No, I just >> Do you know his phone number? >> All right. And you still live? >> So, what's the number? >> You still live here? >> No. >> Where do you live? >> I move upstate. >> Upstate New York. >> Where? And where upstate? What's the current address? my uh just >> so the issue is with uh with the check right now. Uh they stated that they spoke with the name here Lois. >> Uh they're reporting the check as stolen >> or fraudulent. So fraudulent check the Yeah, she said uh the white Camry in the other lot there. >> All right. So, where wouldn't he go? Your friend's friends, you know. Don't call him. Just >> I'm so confused right now. I got a lot. >> So, he gave you the check? >> Yes. >> Okay. And when uh I'm guessing on the way here or >> Yes. >> Okay. And they cash it or >> cash it? Yeah. >> Okay. You have an account here? I don't know nothing about him. He's like literally my friend's friend. >> Talk to you. Bring the check down here and >> he gave me the check to me cash this cash. I know nothing about nothing. >> I don't even know. I >> If you left me here, that's so weird. >> That's That's bad. >> Yeah. >> I don't even know. >> I don't know. >> Yeah. >> How big? $7344 weird right now. >> Am I in Jersey? >> Yeah. >> You're in Jersey? Yeah. >> So, what what made you guys come all the way to Jersey in cases? >> So, um I was ready. Let's go. Yeah. >> I was already um You can have a seat. I was really in Jersey with them. So when >> where in Jersey? >> I don't really know much about lie. >> Yeah. Um, >> so what were you guys doing in Jersey? You were >> We was just I just got off work. >> Where do you work? >> I work at Dunkin Donuts. >> What town? >> Up in up to New York. >> Up in up there by Newberg. And that's the phone number that you guys been contacting back and forth with. Do you have any text messages between each other or >> No, no, just both. >> I've barely talked to this. >> Okay. Now, how's How's your friend know him? >> I don't know. I think I I can't even tell you. I don't know. >> So, like I said, the issue is they contacted the owner of the check due to the amount. Um, and the owner of the check said it's a fraudulently issued check. So, they they're saying that they never issued this check. >> So, like what now? >> We're trying to gather all the information right now. I mean, uh, with what you're saying, unfortunately, you're the only one here. So, I mean, it really comes down to a certain couple things. Um, do you have anybody else around here or just whoever brought you here? Where are we going? Looking at the map. >> Okay, we can do that later. Shut up. Look at that. >> Do you have anything on you? Anything in your pockets or anything like that? >> No. >> Okay. >> So, you have you got any on you? >> Yeah. Tom's got Yeah, there should be a couple guys. All right, we're going to go out to this first car right behind that blue car. Go around. Yeah. >> Driver's side. Just stay back. >> No. 906 here. Got it. All right. Have a seat there. Okay. Be right back. She says it was a white Toyota Camry about 2012 model. Doesn't only knows the guy as Eli. I'll take the video. We'll probably So she says she doesn't even know. >> Yeah. Before this case moves forward, three areas of law decide everything that happens next. The definition of forgery, the rules for a lawful detention, and the standard for proving guilty knowledge. Under New Jersey statute 2C21-1, forgery means knowingly presenting a writing you know to be forged done with purpose to defraud because the writing in question is a check. The law grades this offense as a crime of the third degree, not a minor violation. This differs [music] from the separate bad check statute which applies only when a check bounces for insufficient funds, not when the check [music] itself is fake. New Jersey courts allow a jury to infer intent to defraud simply from the act of attempting to cash a forged check. Meaning intent can be implied from conduct rather than proven directly. On the detention side, the case of Terry versus Ohio allows an officer to briefly stop someone based on reasonable suspicion alone. That suspicion becomes full probable cuz the moment the real account holder confirms the check was never issued. Once detention turns into custody, Miranda versus Arizona requires a warning before further questioning can be used in court. Burkimer versus McCarti narrows that rule. Routine questions during a brief stop do not automatically require a Miranda warning. The real test for custody is simple. Would a reasonable person in that position believe they were free to walk away? A defense built on not knowing the check was fake needs more than an unverifiable story about a stranger. Courts can treat willful blindness the same as actual knowledge. Ignoring obvious warning signs [music] will not protect a defendant at trial. The elements prosecutors must prove come down to three things. A forged writing, a knowing utterance, and an intent to defraud. The first lesson here goes far beyond this case. Never agree to cash or deposit money for someone you cannot independently verify. A stranger offering payment for work you never performed is one of the most common forgery patterns in circulation today. If officers begin treating you as a suspect rather than a witness, you have the right to remain silent until you speak with counsel. The real question this case leaves behind is whether cooperating without a lawyer ever actually protects you. >> I started trying to hit him with it. Then that's why I start hitting his window because he was trying to hit me with it. A >> car or something. >> He probably because I already [ __ ] but he hands on me. So, ain't nothing going to be done about that. >> DJ, that's the thing. You put your hands on me. >> A single act of property damage can trigger three different criminal statutes, three different legal standards, and three different defenses. >> I'm okay. I'll wait for my friend to pick me up. It's nothing. It's >> okay. Well, let's figure out what's going on. So, what you got in an argument with >> I got an argument. That's it. But my friend is coming to get me right now. Right, Tori? >> Okay. Well, let's figure out what's going on before we >> Okay. Because >> who you got in an argument with? >> I got an argument with my friend. >> Who's your friend? >> His name DJ. That's my hand is so bloody because I got an argument with him. >> Okay. Why is your hand bloody? >> Because I I was hitting him and he was beating me up. >> Okay. Where'd he go? >> I don't know where he went. I don't care where he went. I don't care. He I'm not pressing charges or anything like that. >> How do you How do you know him? Is he just a friend or are you guys in a relationship? >> We talking. We're not in a relationship. We talking. Not in a relationship. Okay. >> And Okay. It's not broken or nothing, right? >> No, I'm okay. >> Do you have your ID on you? >> I got my ID on it. >> I don't think I have it on me, though. But if you want to see my ID, you can look me up. I just got arrested 3 weeks ago. You can look my ID up >> for what? >> So, shut up. >> No, because the mother [ __ ] got the police on me. >> He did. I Somebody else did it. Okay. But Okay. But I'm just I'ming >> So you and DJ were arguing. You saying he he punched you or what? >> He beat my ass. You You see my ass? He punched my ass. He beat my [ __ ] ass, [ __ ] I swear to God, I'mma beat his [ __ ] ass and I got [ __ ] brothers. >> Where did this happen at? >> Right here. >> Right here. Where? >> I had [ __ ] outfit. That's why, [ __ ] Okay. I swear to God. Oh. Oh my god. My friend come to get me. >> There's a car here. Corin, what is you so I can [ __ ] go, bro? >> Yes, you to my ear. >> No, you to my ear, Tori. >> All right. Can you tell me what happened? >> Can you pull all the way to the back? >> Tori, come on. You getting wet, Tori. I'm trying to leave. I've been trying to tell you that. You can't wait. Tory, come on. Every time I always get in [ __ ] trouble. Come on, ma'am. Damn. >> Ma'am, >> I'm not talking to you. I'm >> You're not leaving. Okay. And talking. >> I know that. I know that. I'm talking to my friend. >> So, tell me what happened. >> Damn. >> Your friend's on their way. >> So, just tell me what's going on. >> You, bro. How are you going? >> If you'll tell me what happened, then we can move on. Okay. >> Okay. >> Okay. Okay. Hurry up. >> Yelling at her ain't going to get her any sooner. Okay. >> I'm not going to hit the camera. I'm just scared because I want to leave. >> Okay, that's fine. But you got to tell me what's going on. >> Okay. Okay. And he got mad because uh I was going to I had my friend come get me. >> Okay, >> that's it. And this this friend that I'm talking to right now, that's the friend that was going to come get me. Okay. >> Okay. Boom. So, he got mad or whatever like that. So, he started trying to like, you know, come come toward me like he was in front of me. So, >> you know, like the little like the little banners that like show advertisement. me wasn't my feeling. >> You supposed to You must be my friend, but you're not listening. >> I My dispatcher was talking to me. >> Okay. So, you know the little dis manners that like supposed to show advertisement. >> Mhm. >> Okay. So, the little dis maners that was supposed to show advertisement, I pulled them out because he was trying to swiggle me. So, I was not going to swiggle him. >> Okay. >> Yes. >> He was going to swiggle me or whatever like that. >> Did you come here together? >> Yes. That's a thing. We came here together. >> Okay. We was running the phone with him in the dirt bike together. >> Okay. >> Okay. So, we was running the phone with the dirt bike together. I told him that like he he not he not the type of dude that understand like okay if you tell him something he going to like just go well with it. He feel like he respected man. He feel like everything a a woman supposed to do supposed to like believe him. Okay. So, boo. I'm not on that type of [ __ ] I'm not going to uh [ __ ] do that [ __ ] So, [ __ ] we cool. we cooling and all that. So boom, >> I walked outside and I [ __ ] told him, "Bitch, I'm ready to go home. >> I'm ready to go home." So I told him, "I'm ready to go home." He mother So he [ __ ] act like he supposed to He if you sprinkle me one more [ __ ] time, he if you sprinkle me one [ __ ] time. Okay. All right. >> Yes. >> All right. Where are you? I'm right here talking to the police. Groover. >> Most people don't know how to. >> Okay. But Groover, he talking to me. Okay, sis. >> Okay. Okay. Okay. Okay. Okay. >> All right. Right now. Okay. >> All right. So, you guys fighting? >> Okay. We was fighting. I pulled the little like the disbanders, the advertisement [ __ ] I pulled him out the thing or whatever because he was going to hit me. So, I didn't want to hit him. I never wanted to hit him. >> What do you mean you're pulling him out? >> Because he was he he started swinging on me. He started like like he want to swing on me. >> So, how did you grab a hold of them if he was swinging on? >> Because they was in the dirt like like if I show you over there, I can show you the things that you could pull out from the dirt. They like advertisement like you know like a little banner. >> I thought you meant you were pulling on DJ. >> No. >> Pull on the banner thing to like protect yourself. >> No, no, no, no. I was putting on the little banner thing to protect myself because he was going to tug on me and he is a dude and I didn't want to. Whatever. I didn't think that he was going to like really like hits his on me, but he p his on me. That's how my finger start doing this because he he swung on me to the point I hit the ground. >> Okay. >> So when he hit when he swung me when he swung me. >> Mhm. >> I start trying to hit him with it. Then that's why I start hitting his window because he was trying to hit me with it. >> Of his car or something? >> Huh? >> Of his car? >> No. Of the the [ __ ] office. Okay. >> But I'm not >> But I was just trying to hit because I was trying to get more fun because he punched me in my face. >> Okay. >> And I fell against the ground. That's why my fingers are so bloody. >> Okay. >> Because he he pushed me against the ground. That's when I called y'all because I told my friend to call. >> Yes. >> We didn't get a call from you. >> Oh no. My friend and me. Yes. You did get a call from me. He didn't get a call from you. I had you. >> Did you call? >> I call I've been calling away earlier. What do you mean? >> Don't look at me. I don't >> I swear to God. I've been on the way earlier. What the [ __ ] Like, he beat my [ __ ] ass. Like, >> okay. Well, I'm just telling you I I didn't get a call from >> Okay, but I'm letting you know right now that I was not trying to call the police because I'm not trying to get anybody involved. >> Did you call or not? >> I did. Me and my friend. That's my friend on her way right now. >> You want to go find wherever the complaining is? >> Yeah. >> I don't care where the [ __ ] complaint is. He beat my [ __ ] ass. He punched me. He beat my ass. be the first person that threw a link. I don't give a [ __ ] what happened. >> Okay. Well, yours is not making any sense. You're all over the place. >> I'm not all over the place, but I just told you he is here before me and that's why I pulled the [ __ ] advertised banner out and I was going to swing on his death and that's when he left. >> You see, he not here right now. >> Okay. I don't know. I didn't go back there. >> Okay. Well, you could go right back here. >> I'm talking to you right now. >> He not going. He not even back there. >> Did he leave? This is >> B left. After he swung over, he left. >> Stop screaming at me >> because I'm just trying to get you to understand. >> Well, it's harder for me to understand when you're going talking. >> Okay, whatever. Okay, >> I figure out what's going on. >> Okay, I just want my friend to come there. I just I don't care. >> So, >> look at my hands. Look at everything. >> How did your hand get like that from falling? >> Punch the [ __ ] out of me. >> Okay. Well, I'm just trying to get you to understand, bro. >> You screaming ain't going to help me understand. Come back. >> Hurry up. >> Can you come back? >> Hey. >> He just seemed like I did something to his friend. He had me first. He thought he was so cute. >> Somebody look listen to me. >> Whoever DJ is, he didn't call a person. >> Okay, I don't care. But he his hands on me. I don't care. So, do you want to report this? >> I don't want to report. I'm just saying if they reported it that [ __ ] I'm going to let you know what happened. >> Okay. So, we got to do a report on it. So, I'm trying to figure out your side of the story. >> Tori, where are you? >> Tori said she's 5 minutes away and she's almost here. So, >> Oh my god. >> Quit yelling at her. She didn't do nothing wrong. >> I know she not did nothing, but I'm just saying that's why my hands are so bloody. Both of my hands is bloody because he beat my [ __ ] ass. He pulsed the [ __ ] out of me. Before y'all came here, he left. That's the thing. That's the thing y'all failed to realize. He pushed the [ __ ] out of me. >> What are you talk? What do you mean I failed to realize it? >> Okay. Because you was not here. That's what I'm saying. To failed to realize because you was not here. >> I realize it cuz you told me. I didn't. >> You're not realizing anything because you not believe you. >> I didn't say I didn't believe you. >> Okay. But that's how you make it seem like you don't believe me. And I'm letting you know right now what happened. I'm not trying to be on no [ __ ] [ __ ] or no [ __ ] anything. I'm letting you know what what happened. >> Okay. And I'm listening. >> Okay. You saying that I [ __ ] punched the [ __ ] windows out and all that [ __ ] He beat my [ __ ] ass before y'all [ __ ] got here. That's why he gone right now because he beat my [ __ ] ass before y'all got here. And Tori was on the phone with me. Why he beat my [ __ ] ass? My friend going to pull up here and she going to tell y'all when the [ __ ] happened. >> Okay, that's fine. >> Okay. And she going to pull up. >> Okay. >> Okay. >> Was Tori here when it happened or on the phone? >> I hate you. Okay. I know. I know. She's coming. >> She's coming right now. She going to let you know right now. >> She was on the phone with you. >> She was on the phone right now while I got my ass whooped. That's my hands all bloody. Everything. Look at his friends right there. While we was on his phone with a dirt bike, you got the fridge back there, too. >> Where did he punch you at? >> He punched me right in my face. What do you mean? >> What do you mean? What do I mean? Stop. >> Stop asking me a question because you blowing me because that in there I'm trying to I'm trying to make some sense here. >> Okay. Okay. Then take a deep breath. No, I'm not going to take a deep breath because why we Bro, I'm every time. It's just every time. Like literally every time, bro. >> Every time. What? >> Every time. I just got locked up two weeks ago. Okay. >> Every time. Like every time. The [ __ ] Every time the [ __ ] >> Don't hang out with him anymore. >> I don't hang out with him. This is my [ __ ] third fourth time hanging out with him. >> But he would be late because he got mad at something I said to him. Like I told him I was I was ready to go home. Okay. So, he got mad at something you were saying to him and he pushed you to the ground. >> Is that correct? >> Keep your mask. Tori, get out the car, please. >> All right. So, >> this is my friend right here. >> That's fine. >> Okay, but calm down. >> I am. >> What happened? >> He beat my mother. >> I know. I was on the phone. I heard all the freaking jump going on. I did hear everything that was going on. I did. And he just got in the car and he left her. And then that's >> Exactly. He beat my ass and he left me. That's what I'm trying to get him to understand. Like they trying to make it seem like I did out his window. So I did. But the thing is he beat my [ __ ] ass. That's the thing. He just he dragged my ass and he beat my [ __ ] ass before he left. That's the thing. Did you call your mama? I called my but I called you because mama said call you. That's the thing. Like bro, whatever, bro. What? What's going on? She's kind of all over the place. I'm trying to figure it out. >> Because I was sitting by myself. >> So, now that now that she's here, we can calm down. Okay. She's here to get you. So, come over here and let's start from the beginning. >> So, you and DJ are here. You're riding the dirt bikes and stuff. And then >> Okay. And then you say something he doesn't like and then he comes at you and he smuggled me because I don't know why he smuggled me. He just smuggled me. He smuggled me and he hit me the hardest thing. Well, first of all, I heard him I heard him walk in and he said something and then they started arguing and it it just really went escalated really fast. That's really what I heard. All I know I was on cuz I was on FaceTime with her. >> Do you have a driver's license though? >> No, I don't have Ford ID. >> Yeah, I have Florida ID, but I don't have my ID on me. You got a picture of him? >> That's fine. He's going to he's going to check it. >> Okay. So, he swings on you. He punches you in the face. >> Huh? >> Ma'am, he punched you in the face. to the man. >> Yes, he pushed me right in the [ __ ] face. He punched me in the basement right there. I Bro, it's four people right now, bro. If you want to go to the garage right now, I swear to God, it's four people in there right now. >> Okay, we can do that. >> Come on, let's go. >> I want to make sure I have your story. >> I want you to go to the four people right now so they can start talking to this man like that. They're not going to listen to you. >> You're not listening to me. I'm your sister. Are you listen? I am listening to you, but that is Tori. Bro, >> look, bro. Calm down because Tori smunk on me. That's >> telling him that. But just tell him how far people is. He can go down there and talk to them as the >> They're not going to defend me. That's the thing. That's >> ma'am. >> Okay. I don't care, bro. They're not going to defend me. That's a thing, ma'am. >> They're not going to defend me. >> There's sides to every story. So, I'm getting your side first. Okay. Okay. What? Okay. >> Are we going to talk to >> I just told you we rolled the phone with her. We came back here. >> Okay. >> We rolled the phone with her. We came back here or whatever like that. I told him I was on the phone with my friend. I told my friend. My friend was telling me that she was going to meet up with me. Okay. >> Tori right here. So she told she was going to meet up with me or whatever like that. Then we got outside. >> He got mad at something. Then that's when when I pulled out the thing that like the advertisement thing like the little balloon thing or whatever like that. I pulled it out and I was going to u [ __ ] swing on him. Okay. >> After he punched you? >> Yes. That was weird. >> You missed the part to tell him where he punched you with the head. >> He punched me in my face. That's why just let me >> I already told him that. >> Freaking out. Okay. >> I already told him that. >> Okay. So, you you said something he didn't like and see he fed on the back. >> He punched me. I already said that. I I swear I pulled the thing. I need more than just that. >> I already told you that. >> So, you were mad cuz he punched you. So you >> Okay. He pushed me to the ground. That's why my hand is like this right now. >> I know. I know. >> So you take the thing and you hit his window with the office window. >> Okay. He drove by here. He not going to come back. >> Okay. Okay. That's fine. Just >> I'm not working against you. I'm not on anybody's side. >> I'm not trying to take anybody to jail. Okay. You can you can calm down. >> All right. So you take the advertisement thing, hit the window out, and then he left. And that was it? >> Yeah, that was it. And I was waiting for my friend to pull up on me again. >> Do you think he left because he didn't want to get involved? >> Because he beat my ass. That's the thing. He dragged me everything. He beat my ass. That's why my hands is bloody. >> Okay. Do you have any marks on your face? Can I see? >> No, I don't have any marks on my face. Now that I believe I just have any marks on my hands from the concrete. >> No. >> Okay. >> What happened, sir? >> I don't know. She's a little picture. >> Little upset. >> She smashed in the window of the business. >> You bust somebody window, girl. >> A few windows. >> No, that's her car. She got a car. >> No, he said you bust somebody the windows. >> I did because he swung on me. You're right. I swung on. My hands is busted. What do you mean? >> Well, why you bust the man windows out? >> Because he swung on me. My That's a whole dude. What do you mean? >> Well, come on, girl. Come on. >> Why? >> Do you know who DJ is? No, I've never met him. >> Probably shouldn't hang out with him anymore. >> Yeah. >> So, she punched her. So, she grabbed this metal rod and started smashing his windows. >> You said what? >> So, she grabbed a metal rod over there and started smashing all the windows to his car and then the office building. >> Um, we don't know who he is. So, we can't get >> Yeah, I don't know who he is either. >> Um, and then see if >> he wants press for the window part of it. So, it's going to get written up just as a like an information report until we can get >> further on information on who he is and >> what really happened. And there are cameras. So, >> um we should be able to get a hold of the business owner on Monday and roll those up if need be. But, >> I don't know. She's she's >> I don't want her to have to get in trouble for it. So, she probably shouldn't hang out with her. cuz she goes around smashing windows. She's It's >> I know >> that can quickly turn into a felony. >> I know. >> Cuz windows are expensive. >> Oh, I know. >> So, I don't know. >> She doesn't need to be getting a felony. She just turned 18. >> Yeah. >> So, I don't know. I I talked to her. She didn't want to listen to me. But >> my [ __ ] god, man. >> Did you know about this, too? >> No, man. >> Oh, so you were gone when you did this? I told you I was pulling cuz if you check my record, you can see I went to jail for stuff already in the in the domestic thing. So I know how to avoid it now. >> She literally just left. >> So what I did was I pulled out. She like, "Yeah, take your ass on. Go on." So I slid. The first thing she did was grab this flint right here. >> Okay. >> And threw it right here when I was here. >> Okay. >> So I said, "Okay, now you bust that [ __ ] You know the people going to call the police on you now." I don't give a [ __ ] Okay. Let me get up out of here right now then. I don't want no parts of this [ __ ] So when I was all this, I put that back cuz you know it was disrespect. I was going to come clean it back up, but I didn't know she [ __ ] did this [ __ ] cuz this is your place. >> And another we have really do that to me, man. >> Well, if I'm going be honest with you, I know I'm not even going to be able to. I know they going to. You feel me? Mr. Ralph, y'all know Mr. Ralph. This is >> We don't know him. That's who owns all this. I know Mr. Ralph. >> So So here here's where we're at though, right? You don't have to charge. >> Yeah, you don't. We're So, here's the thing. I I cannot force you to kind of lost with us. >> I can't force you. It's entirely up to you. All right. But we're at a We're at a crossroads here. You can go left. You can go right. I cannot make a decision for you. So, if you want to press charges, that's one route. Or if you don't, all I got to do is you sign a little piece of paper. And then >> I still got to get within reason. >> Yeah. And then we need to talk to him. >> I got I got to call him. I ain't going to lie to you. What he did to her? What she did? >> The front windshield smashed. >> Oh my [ __ ] god. He is about to [ __ ] go crazy. Oh my god, boy. Oh my god, boy. He about to go crazy, boy. >> So, where was when you left, where was she? >> She was flipping standing right there. >> She was She was throwing them up, throwing them on the ground right there. >> Were you the two of you get physical at all? >> Cuz get here, boy. >> Was there anybody there that besides the two of you that could? >> The only two. They were here first. Them two were the only two that was here. >> The gentleman over there. >> Yes, they saw her do all that. >> Yeah. See, I Hey, cuz boy, get here, boy. to the shop, boy. She She [ __ ] the car, boy. >> I don't even know who the [ __ ] is. >> This is your business, too? >> Yes. >> You want fresh artist for the business? >> I got you, bro. Who going to pay for this [ __ ] I'm not paying for this [ __ ] >> Okay. So, what we're going to do, I already got you guys information. I'm going to give you a case card. It's going to be for the It's going to be my name and it's going to be the report number, all right, that we're going to write. Um, obviously, if you're going to go through insurance or anything like that, give them that case number as well. Okay? And then >> and then the other thing we need from you is we need your estimate on what it's going to cost. >> That's all she did. >> Yeah. The front windshield. >> All that I'm aware of. I mean, I don't know. All black with her, >> that's where it was. She She was tripping about acting like a little [ __ ] girl. >> So, since we're going to go ahead and do charges, would you guys be going to fil affidavit describing everything that happened? >> Yes. Yeah, I'm cool with that. >> Um, and >> he wasn't here. Neither one of us was here when this, >> right? But at least at least describing everything that led up to >> Okay. >> when you guys left. >> I think we told you everything already. >> You were you were with with him and her earlier with her and she kept bitching about let me ride let me ride you l and then after that we left and then called me on the way back here >> question last question for you then um as far aside from the affidavit and I know you said the issue with the battery and the cameras and all that were you able to find anything that captured any of this battery >> all right let me get the affidavit for you guys >> hello again >> how you doing >> good you remember me from earlier here. >> Huh? >> You remember me from earlier? I was one of the deputies. Is uh here? >> Yeah, she's right there. >> Hey, can we talk to you real quick? >> Yeah. >> All right. So, real quick on your back. All right. >> She want to go to jail. >> Why? Why? >> Because of the damage to the vehicle and the glass. And they want me to let me first >> as a separator. >> Oh my god. >> 21. Do you have a female deputy attending full search? >> Yes. >> All right. Come on. >> Who want to try charging? >> There we go. >> We're going to go this way. Come on. [screaming] >> Hey, stop. Stop. >> Stop. I swear to God. Stop. [screaming] Please. Just let me talk to it, >> bro. I didn't do [ __ ] the [ __ ] on me, bro. Let them record it. >> Go get my phone. Go get my phone right now. Go get my phone, please. >> Go get my phone, please. Go get my phone. Get my phone. I don't care. We going to go here right now. We go here right now. I don't care. Go get my phone. >> All right. Well, we're going to go to the car and then >> No. Let go get my phone. >> Come on. We'll bring the phone to the car. Come on. >> No. Cuz trying to arrest me for nothing. We will bring the phone to the car. Come on. >> Oh my [ __ ] god, bro. Y so [ __ ] green, bro. I swear to God. Y [ __ ] green. Yo, let alone. >> Come on. >> Bro, y so [ __ ] green, bro. >> Listen, a deputy's going to come search you. Is there anything on you that she needs to know about? Any weapons? >> Drugs? >> No, no, no, no, no. I'm not [ __ ] dumb, [ __ ] I'm on probation right now. The [ __ ] you mean? >> Okay. >> The [ __ ] >> I just how they are. >> I don't care. The [ __ ] >> Okay. All right. Do me a favor now. The car right here with the American flag, you just go ahead and face that. Okay. >> Mhm. >> My cousin Destiny, come on. Come here, bro. >> She's going to bring your phone and that'll go up to the jail with you. Okay. Okay. >> Y'all going to take me to jail for what? >> For criminal mischief. For smashing the windows of the vehicle and >> it is on me first. The thing is not understanding. >> Well, I will put that in the report that you said that. >> You don't have to hear that report because that's on the camera. He ring like on his office. The [ __ ] >> Okay. >> I don't care, Mom, because they trying to run through me for nothing. Mom, he being on me or he talk to the police. So that's still getting my phone, please. Can you give me my phone? Phone's right there. >> Get it right now. Give me my password right now so you can call him right now. >> We're not going to call him. >> Why not call? But y'all said he pressed charges. >> Talk to him. >> We already spoke to him. >> All right. Okay. Let's call him again. >> No, we're not. We're past that point. >> Oh my god. He's so greedy. >> He press charges on what? >> He press charges because I already did [ __ ] but he bit his on me. So ain't nothing going to be done about that. >> DJ, that's the thing. You get your hands on me. It will be documented in the report. All right? It will be sent up to a supervisor. It'll be investigated. The state was going to look at all of this. But right now, she's going for all of that. >> Oh my god, that's so [ __ ] green, bro. >> Street, >> but I just told police. Nobody said I was getting press charged or anything. So, >> that was before we spoke to them. >> Okay. Hey, but the thing is you met with him, but you ain't uh talked to him about him pe his [ __ ] hands on me. >> Yes, he did. >> Okay, so what the [ __ ] do you mean? Okay, but they he on me. >> It don't matter. He pe his hands on me. >> Now he want to press charger. >> Okay. But [ __ ] I press charging. He his hands on me. The [ __ ] He on me first. Let's go. Let's go. Let's see that ring camera. That's the thing. That's what they trying to [ __ ] [ __ ] bro. I don't care. >> That's not what they >> I don't care. I want to talk about the damage. >> So why he his hands on me? >> We understand that, >> bro. All right, bro. >> Hey, we're giving you the courtesy of talking to your mom. I'm not talking to you, bro. When you're screaming, you're going to be putting >> I don't care. I'm not talking to you. I'm talking to my mama. That's the thing. I'm going to put this stuff away in a minute if you're going to keep acting a fool. >> Mama going to stay right here. >> No, she will. >> You're not in charge here, ma'am. >> Okay. The thing is you're trying to make something nasty. I'm not. >> Bro, move away. >> Just casually talk to your >> I'm talking to my scream. >> Just talk to me. >> It's simple. They he he done pressed charges on on the windowless. >> Get my phone so you can call him. >> But they say he already they don't >> get my phone so you can call him. We're not doing that. >> He want to answer the phone when you were calling cuz he already done had them record it to the to the police. All right. >> Oh my god. >> Call him right. No, that's a thing. You understand? You real like don't do this. All right, we're going to go in the car. Gary, you realize >> I'm not being lame. >> Come on. Sit down. Sit down. >> Put your feet in. >> Put your feet in. >> Put your feet in. >> Put your feet in. Come on. >> Put your feet in the car. Stop making this harder than it needs to be. >> Mama says she car. >> Will you please put your feet in the car? >> Mama say the car. She got my phone. We don't need to talk to him anymore. We've only talked to him. >> But what did he say? >> Exactly. That's the thing. >> I'm going to ask you one more time. Please put your feet in the car. >> Oh my god. You're so great. You're so great. Why you so [ __ ] What did he say? >> All right. So, at the end of the day, here here's the issue. Okay. So, everything that she's telling us that she told us that happened over there, we have literally zero evidence to support what she said. Zero. Well, she says cameras and everything. >> I understand that there's nothing nothing on camera got caught that we were able to view. >> All right, so that's number one. There's nothing to support her claims. Meanwhile, I've got windows that are smashed, a car that is completely smashed in. I have eyewitnesses completely not even involved with them, like independent witnesses, right? Workers that were there who stated to me they saw her smashing the hell out of this car and throwing bricks through windows and everything by herself. She was there. They didn't see anybody else there. She meanwhile is showing up. >> She say that he had no love. >> I I understand that. But understand me being the neutral party here. Okay. >> Right. >> She has nothing to support anything. Right. Meanwhile, I have all this other evidence. And the other issue here is she keeps saying, "Oh, he he punched me in the face. He hit me, you know, 10 times, 20 times, whatever it is." Right? She had zero injuries to her face. >> Well, she got scratches on her hand. But that's also people dragging her. >> I understand that. But here's the issue. She had that one injury, right? There was nothing else that we saw anywhere on her body. Her clothes didn't look dragged at all. She got no injuries on the face. We looked at >> the other business next door has cameras that points there. So on Monday when they come back and are open, we can get those footage. >> And when I looked at his his hands, no injuries on his hands. >> Show perfectly what happened. >> There's nothing to support what she's claiming. >> Hey, stop. Stop. >> Calm down. >> So here's the other thing. And maybe you can explain this to her. Yes. >> If she keeps kicking here, here's what's going to happen. >> Okay. >> You're going to get another charge if you break the window. >> Explain to her that she's about to catch another charge. Yeah. >> Out, bro. I [ __ ] them out. You as [ __ ] Get the [ __ ] away from my window. Get the [ __ ] away from her. >> You going You going to get another child? >> Shut out. >> Shut up. Don't talk to me. >> You don't tell me no. Shut up. >> You green. >> I'm green. I wasn't even there. >> I'm green. I don't care. You're green. You're green. You're a great ma'am. >> Ma'am, we're getting nowhere with this. So, thank you. Anyways, >> I'm sorry. >> You got my keys? >> No. Getting back to you. >> You sure? >> Oh, I'm already ginger coming or >> I could not hear what she said. Ginger because of her screaming, but she acknowledged a transmission. I just don't know what the outcome was. >> I'll ask you. >> Hey, listen. Believe me, bro. Shut the [ __ ] out. >> Ma'am, we're done. We're done. >> I don't care. >> I'll take the phone. >> Bro, get I swear to God, [ __ ] I swear to God, mom would never talk to you for the rest of my life. I swear to God. You won't let me talk to you, >> bro. Listen to me. >> Listen to me. >> Stop [ __ ] lying. >> Listen to me, >> bro. Move, bro. I don't want to talk to you, bro. >> Okay, so I'm going to be real with you. If you if you keep acting the way you are, two things are going to happen. I will charge you again. And you already have felony strikes against you. If you want to keep stacking them up, by all means, we'll do this so you can stop and grow up and act like an adult and stop doing that. The second thing that will happen to you taking me to jail for what? The second thing that will happen to you. >> Aren't you taking me to jail for? What? >> I already told you. Criminal mischief. >> Why are you taking me to jail? >> If you also listen, if you keep kicking my window, listen, let me finish. Let me finish. Why you taking me to jail? >> Yeah. If you let me get this, if you let me say this, I'll tell you why. Okay. >> Okay. >> If you keep kicking my windows, I will also strap your legs together and I will spray you in the face. >> But why are you taking me to jail? >> Because you smashed windows out. >> He beat my ass. That's the thing. He's a [ __ ] man, >> bro. I swear to God, you so pretty, bro. I swear to God, you a lame ass person, bro. Waiting on >> a female deputy to come search her to make sure she doesn't have any weapons or narcotics on her. >> Step out. I got to make sure you don't have anything on you. >> I feel like >> you step out. Go ahead and face the car. How did you end up? >> I only shoe. >> Both of your shoes are in there. We'll get them out for you. >> So, whatever. >> I swear to God, you're green as [ __ ] bro. I don't give a [ __ ] bro. You green as [ __ ] Why you want to press >> I don't care. You're green. You're green as you're green as [ __ ] >> I don't care. Your dream is [ __ ] bro. >> All right, stop moving. >> Can I get my Can I get my shoe? >> We'll get it for you in a second. >> It ain't nothing in my pocket, so I don't care. I can look all day I want. >> All right. >> Can you see if uh transport one? >> There's nothing in my pockets. I just told y'all that. I still Okay, y the whole thing. Ain't nothing own nothing on me. You green as [ __ ] And it might be great as [ __ ] because you already know. I already told you everything. You green as [ __ ] >> I don't care. Shut the [ __ ] up. >> The [ __ ] you going to [ __ ] b me? >> I don't care. >> The [ __ ] You green as [ __ ] Because I need that [ __ ] You're my [ __ ] mom. You a stick me. You think I was doing I don't care. >> Stop, bro. I [ __ ] hate you. I [ __ ] hate you, bro. I [ __ ] hate you, bro. I don't care, bro. I don't care. >> [ __ ] on me. I already told you for Christ. That [ __ ] [ __ ] >> Stop. Stop. >> I don't give a [ __ ] >> Keep [ __ ] You're going to end up. >> No, I don't care. Shut the [ __ ] up. Get the [ __ ] off my face. You dumb ass cracker. >> What's the [ __ ] Ain't [ __ ] a [ __ ] ponytail holder. >> I'm very sensitive. >> The [ __ ] You can take all that [ __ ] off, [ __ ] The [ __ ] >> Yeah, man. [ __ ] them crackers. They dumb ass. [screaming] >> All right, bro. >> Stop fighting us. >> All right, sit down. >> Have a seat. Stop. Stop. butterfly. [screaming] >> Can you just kick the windows out? >> Stop. You're going to get hobbled. >> I don't [ __ ] care, bro. [ __ ] you, bro. [ __ ] you, bro. >> I'll be stopping at 57. Can you send me another unit? [screaming] [ __ ] [ __ ] [screaming] [ __ ] blow, [screaming] bro. You might be [ __ ] All right. >> Do not kick. >> Do not kick. >> Nope. She's getting humble. >> No, she is. Got to unlock it. >> Do not kick. All right. Do not kick. >> It's open. It's open. >> Stop right now. All right. That's another felony. Okay. Do not kick me. Taco Bell 510 Avenue. >> Don't kick me. >> Don't kick me. >> Do not kick me or you will get another felony. >> Don't Don't pull. Do not pull. >> Don't me. You got to take it apart. You can't. [screaming] Do not kick me. Don't kick me. You can't take it apart with the clip. >> Let me go. >> Stop. Let me go. [screaming] >> Let me go. >> Let me go. >> Stop. >> Stop. Please stop. >> Let me go. >> Okay. >> Stop kicking. >> Stop kicking. All right. Just hold your leg. I got this one. >> Stop. Let me >> stop. Get him. Got him. [ __ ] up now. Stop. Stop. >> Let me go. >> Let me go, bro. >> Let me Okay. >> Stop kicking. Stop kicking. Stop kicking. >> All right. We got We got it. We got it. We got it. >> All right. On that foot. All right. Well, you just got yourself another charge. Congratulations. You're not getting charged with battery on the law enforcement officer. Okay. >> All right. Hold her there. >> Let me go. Let me go. >> Hey, listen. Calm down there. Let calm down. >> I don't [ __ ] care. >> Leave me alone. Leave me alone. [screaming] >> That's what you going to get. >> Put your feet in. >> Oh my [ __ ] god. >> It could be so much. Oh my god. What's >> that? Oh my god. Let me go. >> Let me go. >> What you doing? >> Talk about [ __ ] Exactly. [ __ ] go. Yep. >> Can you follow me up there? >> Yeah, I know. She closer. >> Yeah, I got something. >> Leave me alone. Leave me alone. It was set up. >> I don't care. Shut the [ __ ] up. >> We didn't need to do this. >> Come on. >> All right, we're good. >> Maybe when you broke the law, it came. >> All right. Can you follow me up there? >> Yeah. >> Thank you. >> All right. Sorry about the search. Had a better night. All right. >> What decides the outcome is rarely what happened. It is which legal threshold got crossed. Florida Statute 8006.13 defines criminal mischief as willful and malicious property damage with penalties that scale directly to the dollar value destroyed. Damage under $200 is a misdemeanor. Damage of $1,000 or more becomes a thirdderee felony. Florida statute 8432 criminalizes resisting an officer without violence. A first-degree misdemeanor that requires no physical contact at all. Florida statute 784 7 elevates ordinary battery to a thirdderee [music] felony the moment the victim is a law enforcement officer performing a lawful duty. The fourth amendment permits a full search incident to arrest without separate justification. A standard set in United States versus Robinson in 1000. 973. The controlling use of force standard comes from Graham versus Connor in 1000. 989 requiring objective reasonleness judged from the officer's perspective in the moment. Three factors control that standard. The severity of the offense. The immediiacy of any threat. Whether the subject is actively resisting. Restraint devices applied after repeated verbal warnings are consistently upheld once resistance is active and ongoing. Being the victim of one offense does not under Florida law. Excuse a separate and unrelated offense. The clearest lesson here is evidentiary. Independent witnesses carry more weight than either party's [music] own account. A second lesson. Statements volunteered without being asked are still fully admissible against the person who made them. A third lesson. Resisting a lawful arrest almost always adds a separate more serious charge on top of whatever prompted the arrest in the first place. None of these principles depend on who was right at the start of the encounter. So the real question is not who made the first accusation. It is which side understood the law well enough to know what would happen next. >> Ma'am. Ma'am, can you come here for a sec? or fraudulent. So, it's a fraudulent check and the owner of the check said it's a fraudulently [music] issued check. >> A 19-year-old stands at a bank counter holding a check [music] for more than $7,000 that is not hers. She says a stranger paid her to cash it. Is that a defense or a confession? parking lot. >> Uh, hey, how are you? >> Mhm. I got this uh I didn't make contact with her yet. So >> ma'am ma'am, can you come here for a sec? Can you just hang up the phone real quick? All right. So, there's apparently a there's a issue going on right now. All right. Uh, so >> I just want to make sure you're talking to the female or what? >> Yeah. So, the bank contacted us uh the check that you're trying to cash this one. >> Yeah. >> Correct. >> All right. This is your ID. Yeah. Correct. >> So, >> how'd you get here? >> What car? >> And the car over there? >> Yeah. >> What kind of car? >> Camry. >> White Cameron. >> There is. >> Okay. >> Hello. What's his name? >> I actually don't know his name. This is my friend's friend. >> Your friend's friend? >> Yeah. >> Okay. So, how how did you uh come in possession of the check? >> He gave me a check for uh having solar panels. And >> he gave you the check. >> Okay. And who is he? What's his name? Do you >> That's my friend. >> Okay. And who's your friend that had you uh meet up with him? >> His name is Eli. >> Eli? >> Yes. >> Okay. Where does he reside? Hello. >> Where does he live? >> He lives in Jersey. >> In Jersey? Do you know where? >> No. >> Okay. Do you know his last name? >> No, I don't know. >> Do you know his phone number? >> All right. And you still live? >> Wait. So, what's the number? >> You still live here? >> No. >> Where do you live? >> I move upstate. >> Upstate New York. >> Where and where up state? What's the current address? my uh just >> so the issue is with uh with the check right now. Uh they stated that they spoke with the name here Lois. >> Uh they're reporting the check as still >> or fraudulent. So So fraudulent check the Yeah, she said uh the white Camry in the other lot there. >> All right. So, where wouldn't he go? Your friend's friends, you know. Don't call him. Just >> I'm so confused right now. I'm not even going to lie. >> So, he gave you the check? >> Yes. >> Okay. And when uh I'm guessing on the way here or >> Yes. >> Okay. And they cash it or >> cash it? Yeah. Okay. Does he have an account here? >> I don't know nothing about him. He's like literally my friend's friend. >> Talk to you. Bring the check down here and >> he gave me the check to me cash this cash. I know nothing about nothing. >> I don't even know. I >> If you left me here, that's so weird. >> That's That's bad. >> Yeah. >> I don't even know. >> I'm only 19. >> Yeah. That's how how big >> $7344 weird right now. >> Am I in Jersey? >> Yeah. >> You're in Jersey? Yeah. >> So, what what made you guys come all the way to Jersey? >> So, um I was already here. >> Yeah. I was already um >> You can have a seat. >> I was already in Jersey with them. So, >> when in Jersey >> I don't really know much about lie. >> Yeah. >> Um >> so, what were you guys doing in Jersey? You were >> We was just I just got off work. >> Where do you work? >> I work at Dunkin Donuts. >> What the hell? up in up >> in up there by Newberg. And that's the phone number that you guys been contacting back and forth with. Do you have any text messages between each other or No, >> no, just I've barely talked to this. >> Okay. Now, how's how's your friend know him? >> I don't know. I think I I can't even tell you. I don't know. >> So, like I said, the issue is they contacted the owner of the check due to the amount. Um, and the owner of the check said it's a fraudulently issued check. So, they they're saying that they never issued this check. >> So, like what now? >> We're trying to [ __ ] gather all the information right now. I mean, uh, with what you're saying, unfortunately, you're the only one here. So, I mean, it really comes down to a certain couple things. Um, do you have anybody else around here or just whoever brought you here? >> What do you get with the map? >> Okay, we can do that later. Set up. >> Look at that. Do you have anything on you? Anything in your pockets or anything like that? >> No. >> Okay. >> So, you have >> you got an A on you? >> Yeah. Tom's got >> Yeah, there should be a couple guys. All right, we're going to go out to this first car right behind that blue car. around the go. Yeah. Driver's side. I'm just stand back. No. 906 here. Got it. Just have a seat there. Be right back. She says it was a white Toyota Camry about 2012 model. Doesn't only knows the guy as Eli, right? I'll take the video. So she says she doesn't even know him. >> Yeah. Before this case moves forward, three areas of law decide everything that happens next. The definition of forgery, the rules for a lawful detention, and the standard for proving guilty knowledge. Under New Jersey statute 2C21-1, forgery means knowingly presenting a writing you know to be forged, done with purpose to defraud because the writing in question is a check. The law grades this offense as a crime of the third degree, not a minor violation. This differs from the separate bad check statute, which applies only when a check bounces for insufficient funds, not when the check itself [music] is fake. New Jersey courts allow a jury to infer intent to defraud simply from the act of attempting to cash a forged check. Meaning intent can be implied from conduct rather than proven directly. On the detention side, the case of Terry versus Ohio allows an officer to briefly stop someone based on reasonable suspicion alone. That suspicion becomes full probable cuz the moment the real account holder confirms the check was never issued. Once detention turns into custody, Miranda versus Arizona requires a warning before further questioning can be used in court. Burkimer versus McCarti narrows that rule. Routine questions during a brief stop do not automatically require a Miranda warning. The real test for custody is simple. Would a reasonable person in that position believe they were free to walk away? A defense built on not knowing the check was fake needs more than an unverifiable story about a stranger. [music] Courts can treat willful blindness the same as actual knowledge. Ignoring obvious warning signs will not protect a defendant at trial. The elements prosecutors must prove come down to three things. A forged writing, a knowing utterance, and an intent to defraud. The first lesson here goes far beyond this case. Never agree to cash or deposit money for someone you cannot independently verify. A stranger offering payment for work you never performed is one of the most common forgery patterns in circulation today. If officers begin treating you as a suspect rather than a witness, you have the right to remain silent until you speak with counsel. The real question this case leaves behind is whether cooperating without a lawyer ever actually protects you. What turns a lawful celebration into a criminal event? When does protected speech become probable cause for arrest? The law draws a clear line. This footage tests exactly where that line is. >> The right to do that. Hey, >> my car. >> Stupid. >> Almost rammed you over on some gunsh. Julian also sent me a couple toes. >> I want that car. That's interesting. Where are you trying to go? I'll be in route. Switch to three35 that way. 31. Y'all can't be hanging out here. >> You said we could. >> Desarium. Where's your car? >> Right over there. >> Block this piece of [ __ ] in. >> Block this one. >> Yeah. >> Show me your >> Excuse me. >> Uh we're for the park district. >> What do you mean? What happened? >> Like did somebody call about it? >> Yes. >> Uh who? >> Our deputy chief. Okay. >> Why are you guys allowing this? >> Yes. >> I mean, they can be here. It's just we we told them that they >> they also can't be doing burnouts and donuts in your twice. >> Okay. >> All right. Thank you. >> I did a video shift. So, you know, >> I wish you would hit me. I really wish cop. Hey, look. >> Yeah, we know. Hey, that's why we're the trucks are coming. >> He said we can be here. [laughter] Damn. My man with the door. Now people ass mother in the face in the face. You cannot get arrested as hell, [ __ ] That [ __ ] crazy, bro. Bro, what's up? >> Huh? >> Hey, look. Hey, look. Check out me, too. You open that door, you hit him, right? But what if he was standing right there doing nothing? >> Yo, goofy, [ __ ] Goofy. I get your badge number. That's not your whole badge number. I know the I know. I know. I know how this go, bro. What's your badge number? What's your badge number? Dude, that's not the whole badge number. Can I get your whole badge number? Let's go. >> How many times I got to tell you? 57. I know how that works. >> Hey, you about to get sued, my [ __ ] You better give me that number. >> Hit my boy in the face. Boy, your ass is like a egg. >> Your boss, idiot. We ain't leaving to your mom. As soon as your boss come, I'mma tell him, "Put hands on my boy." >> Bill Gates looking ass mother. >> Huh? You mother bro. >> Come here now. >> Hell no. Taser. Taser. Taser. >> Or what? >> Back the up. >> Who are you talking to? >> Who you talking? >> Shut the up. Back up now. Back up now. >> Get out of here. Hey, come back. >> I didn't do nothing. I didn't do nothing. I didn't do nothing. I do nothing. I didn't do nothing. I didn't do nothing. I ain't do nothing. I didn't do nothing, bro. I didn't do nothing. >> No, I didn't do nothing. I know my right. Guys, >> don't chase me. >> Put your hands behind your back. >> Put your hands behind your back. Do it now. >> Put your hands behind your back. Do it now. >> Battery, bro. I ain't I ain't doing [ __ ] >> I didn't do nothing. >> You ain't in custody yet. >> Climb back over there. cars over here. >> Detained right now. >> Where you want? Right here. >> Yeah. Wherever you go back one of these pulling up. Check. >> Hey, can we put him in the back real quick? Check the sign of the freight. Keep them down on College Street. Probably going to be helping. >> Yeah, the going to stick me, poke me. We're clear from all >> fight. Target 23. at all. >> Units assigned to the parade detail. Keep them down on Colin Street. >> Probably going to be coming back. I sprayed one. >> Hey, Phil, why don't you guys head back down there because they're probably >> going probably back to street. >> Yes. We're looking good here. >> Need to go back over to >> Thank you guys. >> Yes. >> Yeah. >> Yeah. You all good, dog? >> I'm all good. >> All right. >> Appreciate it. >> No problem. >> Hello. >> Smart decision. >> What did I do wrong? Go [ __ ] yourself too then you [ __ ] pig. [music] >> That was a throwback. Why you changing? >> You want to go back to it? >> That was a good one. >> I got you. I got you. >> All right. I'm going to put your phone in my pocket. Can you remind me? >> Okay. I appreciate you being really nice. >> No problem. Things happen. I get it. But I get where you guys are coming from. You want to hang out, but you've seen those videos where people are getting run over. >> Oh, yeah. I've seen >> First Amendment right of assembly. US const amend. I citizens retain the right to gather in public spaces. A police call does not suspend this constitutional protection. First Amendment protected speech, [music] city of Houston v. Hill 482 US 451 1000 987. Offensive speech and profanity directed at law enforcement are constitutionally protected. An arrest based solely on offensive language violates the first amendment. Use of four standard Grav. Connor 490 US 386 1,000 [music] 989. Force is assessed by objective reasonleness at the moment of decision, not with hindsight. Factors: Severity of crime, immediate threat to safety, active resistance or attempted flight. Taser deployment mandatory protocol, verbal warning, taser, taser, taser must be announced before any deployment. Lesson: This announcement is both a legal safeguard and a tactical deescalation requirement. Flight from police, Illinois v. Wardlow 528 US 1192000 and Terry V. Ohio 392 US 1 1,000 968 unprovoked flight is a relevant factor but is not independently sufficient for a lawful arrest [music] lessen flight justifies investigation it does not justify automatic detention probable cause fourth amendment US const amend [music] IV and Bnegovi B United States 338 US 160 1 949 a warrantless arrest requires reasonable belief that a specific crime Crime was committed by the specific individual being [music] arrested. The burden rests solely on the arresting officer. Aggravated battery statutory elements. First, intentional physical act causing bodily harm. Second, victim is a law enforcement officer in performance of official duties. Lesson, the specific triggering act must be documented and identifiable on camera. Resisting arrest independent criminal offense. Physical resistance to during an arrest is [music] a separate crime regardless of whether the arrest is lawful. Lesson. The legal remedy for an unlawful arrest is a court challenge, not street resistance. OC spray less lethal force authorized to overcome active resistance. Assessed under Graham V. Connor 1,000 [music] 989. Lesson. Each individual deployment must be separately justified and documented. The taser was drawn. The spray was deployed. [music] One man was arrested on two charges. Were these decisions constitutionally sound? Does the footage prove what the law actually requires? The most important question in this [music] case has not been answered yet. >> Ma'am, ma'am, can you come here for a sec? >> Or fraudulent. So, it's a fraudulent check. And the owner of the check said it's a fraudulently issued check. >> A 19-year-old stands at a bank counter holding a check for more than $7,000 that is not hers. She says a stranger paid her to cash it. Is that a defense or a confession? Hey, how are you? >> Thank you. >> Mhm. There. I got this uh I didn't make contact with her yet. So >> ma'am, ma'am, can you come here for a sec? Can you just hang up the phone real quick? All right. So, there's apparently a there's a issue going on right now. All right. Uh, so >> I just want to make sure you're talking to the female or what? >> Yeah. So, the bank contacted us uh the check that you're trying to cash this one. >> Yeah. >> Correct. All right. And this is your ID? Yeah. Correct. >> So, >> how'd you get here? >> What car? >> And the car over there? >> Yeah. >> What kind of car? >> Cameron. >> Cameron. >> There is. >> Okay. What's his name? >> I actually don't know anything. This is my friend's friend. >> Your friend's friend? >> Yeah. >> Okay. So, how how did you uh come in possession of the check? >> He gave me a check for uh having solar panels. And >> he gave you the check. >> Okay. And who is he? What's his name? Do you >> That's my friend. >> Okay. And who's your friend that had you uh meet up with him? >> His name is Eli. >> Eli. Okay. >> Where does he reside? Hello. >> Where does he live? >> He lives in Jersey. >> In Jersey? Do you know where? >> No. >> Okay. Do you know his last name? >> No, I just know. >> Do you know his phone number? >> All right. And you still live. >> So, what's the problem? >> You still live here? >> No. >> Where do you live? >> I move upstate. >> Upstate New York. >> Yeah. >> Where and where up state? What's the current address? my just >> so the issue is with uh with the check right now. Uh they stated that they spoke with the name here Lois. >> Uh they're reporting the check as >> or fraudulent. So it's a fraudulent check. The Yeah, she said uh the white Camry in the other lot there. >> All right. So, where wouldn't he go? Your friend's friends, you know. Don't call him. Just >> I'm so confused right now. I'm not even going to lie. >> So, he gave you the check? >> Yes. >> Okay. And when uh I'm guessing on the way here or >> Yeah. >> Okay. And they cash it or >> cash it? Yeah. Does he have an account here? >> I don't know nothing about him. He's like literally my friend's friend. >> Talk to you. Bring a check down here and >> he gave me the check. Tell me cash this cash. I know nothing about fraud. Nothing. >> I don't even know. I >> If you left me here, that's so weird. >> That's That's bad. >> Yeah. >> I don't even know. >> I'm only 19. >> Yeah. That's how how big is the check? >> $7,344. That's a little weird right now. >> Am I in Jersey? >> Yeah. >> You're in Jersey? Yeah. >> So, what what made you guys come all the way to Jersey in cases? >> So, um I was like, let's go here. >> Yeah. >> I was ready. Um, >> you can have a seat. >> Thank you. >> I was really in Jersey with them. So, but >> where in Jersey? >> I don't really know much about lie. >> Yeah. Um, >> so what were you guys doing in Jersey? You were >> We was just I got just got off work. >> Where do you work? >> I work at Dunkin Donuts. >> What? How? >> Up in upstream New York. up in up there by Newberg. And that's the phone number that you guys been contacting back and forth with. Do you have any text messages between each other or No, >> no, just I've barely talked to this. >> Okay. Now, how's how's your friend knowing? >> I don't know. I think I I can't even tell you. I don't know. >> So, like I said, the issue is they contacted the owner of the check due to the amount. Um, and the owner of the check said it's a fraudulently issued check. So, they they're saying that they never issued this check. >> So, like what now? >> We're trying to gather all the information right now. I mean, uh, with what you're saying, unfortunately, you're the only one here. So, I mean, it really comes down to a certain couple things. Um, do you have anybody else around here or just whoever brought you here? >> Okay, we can do that later. Shut up. >> Think of that. Do you have anything on you? Anything in your pockets or anything like that? >> No. >> Okay. >> So, you have you got any on you? >> Yeah. Tom's got >> Yeah, there should be a couple guys. All right, we're going to go out to this first car right behind that blue car. These were on. Yeah. Driver's side. I'm just stand back. No. 906 here. Got it. All right. Just have a seat there. Okay, be right back. She says it was a white Toyota Camry about 2012 model. Doesn't only knows the guy as Eli, right? I'll take the video probably. So, she says she doesn't even know. >> Yeah. Before this case moves forward, three areas of law decide everything that happens next. The definition of forgery, the rules for a lawful detention, and the standard for proving guilty knowledge. Under New Jersey statute 2C21-1, forgery means knowingly presenting a writing you know to be forged done with purpose to defraud because the writing in question is a check. The law grades this offense as a crime of the third degree, [music] not a minor violation. This differs from the separate bad check statute, which applies only when a check bounces for insufficient funds, not when the check itself is fake. New Jersey courts allow a jury to infer intent [music] to defraud simply from the act of attempting to cash a forged check. Meaning intent can be implied from conduct rather than proven directly. On [music] the detention side, the case of Terry versus Ohio allows an officer to briefly stop someone based on reasonable suspicion alone. That suspicion becomes full probable cuz the moment the real account holder confirms the check was never issued. Once detention turns into custody, Miranda versus Arizona requires a warning before further questioning can be used in court. Burkimer versus McCarti narrows that rule. Routine questions during a brief stop do not automatically require a Miranda warning. The real test for custody is simple. Would a reasonable person in that position believe they were free to walk away? A defense built on not knowing the check was fake needs more than an unverifiable story about a stranger. Courts can treat willful blindness the same as actual knowledge. Ignoring obvious warning signs [music] will not protect a defendant at trial. The elements prosecutors must prove come down to three things. A forged writing, a knowing utterance, and an intent to defraud. The first lesson here goes far beyond this case. Never agree to cash or deposit money for someone you cannot independently verify. A stranger offering payment for work you never performed is one of the most common forgery patterns in circulation today. If officers begin treating you as a suspect rather than a witness, you have the right to remain silent until you speak with counsel. The real question this case leaves behind is whether cooperating without a lawyer ever actually protects you. >> It's not really funny. You know, it's actually pretty dangerous. I don't a nerd. Like I am so cautious. >> Can you just focus on the test? I'm trying to explain it. >> Don't know. >> I know. You want >> Yeah, 100%. It could be alcohol. >> Yeah. >> I think if there's alcohol involved, I think it's a mix of alcohol and prescription. >> Two 911 calls, one traffic stop, one arrest under New Jersey law. But did every constitutional boundary hold? Watch what the law actually says versus what happened on camera. >> Stand by for Where is he? >> Stand by for you. >> Hey ma'am. >> Hi. How are you officer Alise Westfield Police Department? >> Hi. Do >> you have your license, registration, proof of insurance? >> The the registration like is ridiculous right now because >> What do you mean? >> It's a refrigerator. >> What's a refrigerator? >> The like 31. >> What's up? >> Delta 230. >> Um, go ahead. >> Do Do you have your registration and your proof of insurance? >> Yeah. >> What do you mean? It's a refrigerator. >> Crazy. >> So, I usually put my re like the registration in this. It's like a It's a refrigerator. >> Come on. >> So, why do you put your registration in there? Well, normally I >> Do Do you have your registration proof of insurance? >> Yeah. >> So, >> yeah. 400. What's their exact location? >> Paige, where are you coming from today? >> Uh, yeah. Coming from home. >> Okay. And where's home? >> Like in two minutes away. >> You're coming from >> You're coming from home. >> Yeah. But so you're heading home. But yes. >> Okay. >> All right. So, the reason I'm stopping you is because we got a few phone calls about this vehicle. >> Yeah. It was being driven uh in a careless manner under the speed limit all over the road. >> It's not really funny, you know. It's actually pretty dangerous. >> I don't under like I am so cautious about >> Okay. So, you're Where were you coming from >> right now? I just went to get some steaks to cook for dinner. >> You went to get steaks? So, you're not coming from home. You're coming from where? >> I went to go get steaks to get for dinner and I'm going home. >> Yeah. >> All right. Did you have anything to drink today? >> No. >> Okay. Are you sure? >> I don't drink. >> You don't drink? >> No. >> Okay. Is there a reason that I'm I'm smelling something like alcohol from this vehicle? >> Really? >> Yes. >> What do you What do you smell? what appears to be an alcoholic beverage. Yeah. >> Oh, no. No, definitely. >> And I asked for your registration. You say that you you keep your registration in the refrigerator. >> I say that because I don't normally get pulled over and I don't know, but like >> so where? Okay. >> Hi. >> Oh my god, there's another guy. >> Hi. >> You guys can do whatever you want to do. Like I don't It's so bizarre. >> Okay. So, are are you able to locate those those documents for me or no? >> What? >> The license the registration, the proof of insurance 400. Yeah. >> Is the Is the car in park, man? >> What? >> The car is in park? >> Yes. Okay. Would you mind turning the car off for me? >> All right. Thank you. >> Can you turn it off? >> All right. Thank you. Uh, are you able to step out of the vehicle for me, please? >> Oh my god, this is insane. >> Step over here, man. Yeah. So, Paige, I'm going to ask you again. Did you have anything to drink today? >> No. >> Did you Are you on any kind of medication? >> No. >> Okay. Any any narcotics, any drugs, anything like that? >> Narcotics? No. >> I'm like I am a 42year-old woman that has children like I know. >> Okay. >> Okay. So, the reason that I had you step out of the vehicle, I'm a little concerned with a few things. Uh, like I said, we got two separate phone calls for this vehicle being driven in a concerned manner. >> Okay. Uh, I asked you for your registration and you said that it's in the refrigerator. >> I do I've not been like like pulled over in so long that I don't like it's not like a you know like I don't know. >> Okay. Paige, are you willing to do some field sobriety test for us just to make sure that you're good to drive? >> I don't want to do sobriety tests. >> Paige, before we do that, you just read to her rights. >> Sure. >> So, just listen to him real quick. >> So, Paige, you have the right to remain silent. >> What he's saying? >> Okay. You listening? You have the right to remain silent. Do you understand that? >> Yes. >> Anything you say can and will be used against you in a court of law. Do you understand that? >> Yes. >> You have the right to an attorney. Do you understand that? >> If you cannot afford an attorney, one will be appointed to you at no expense of your own. Okay? You understand that? Okay. So, >> here's why I hadn't read the right price. >> Is that your stuff in the back of the car? Like your purse? You have a purse in the back? >> Yeah. >> Okay. Do you have anything else back there that >> we should be aware of? No. No. Hear me out. Is there anything back there that we should know about? >> I have a Westfell mom. You guys are so There's pills right there in plain view. >> Not back here in the back seat. There's pills. Are those your pills >> in the car? >> What pills? Uh, that's why I'm asking you. No, talk to me. Hey, talk to me. >> Wait to tell me. >> Are there pills? Are you aware of any pills or anything in the back seat? All right. So, the pills in the bag in the clear plastic bag back there, you're saying they're not yours? >> Which one? >> There's pills in a bag in your back seat. That's why I'm asking you about these. I don't know what they are. I'm going to go take a look. But before I go take a look, I just want you to be honest with me about >> Can I see them? I I I I >> Okay. I'm so crazy. >> One thing at a time, like this officer explained to you, we want to make sure you're okay to drive. So, we should be able to do some field sobriety test just to make sure you get the drive. >> Okay. >> All right. So, let us get set up and then we'll put you so test to make sure you get the drive. Okay. >> You're going to speak with him. Do you have a shirt in the car? I want to put a shirt on you if you have one. >> Sure. >> Okay. Where's your shirt? I'll grab it for you. I'll grab it. >> Oh my god, this is so bizarre. >> Yeah. Where's your shirt? I'm going to grab your shirt for you. Just stand over there with him. I'm going to grab it. >> Can you just stand back here where you were? >> Okay. >> Can I grab the shirt? >> Sure. >> Where is it? >> Maybe you can drive. I'm fine. >> All right. Do you give Officer S permission to just grab your shirt? Sure. >> All right. You can grab it if there is one. >> Do you usually go shopping for steaks without a shirt on? I mean, you said you were going >> Yeah. I mean, >> it's a little unusual that you know, you're standing here in a bra. You said that you were just picking up steaks. >> All right. All right. If you don't see her shirt, she'll just do the test without it. We'll we'll do interior after. >> Okay. >> All right. >> Okay. All right. Run it through. If you want to do it up here, >> my camera's on, so you could do it right on that right over here if you want. >> All right. All right. Paige, follow this officer. He's going to Bigs, if you don't mind doing HTM like after he explains everything. All right. So, these two officers are going to put you through standard field sobriety tests because we believe you're driving impaired. That's pretty much what it comes down to. Okay. >> Can you keep your hands out of your pockets, Paige? >> Fine. Go. >> They're in your pockets. Take them out. Take your hands out of pockets. Keep them at your side. Just like that. Tip my finger. >> I'm not being very nice. Just balls tipping my finger. Move your head. You're moving your head. One more time. Put your head straight. You can see it. >> Okay. Yeah. >> I know. Try. Almost done. >> All right. Relax. Just listen to this officer. Okay. >> All right. Paige, do you have any issues with uh your balance? Do you have any injuries to your feet or your legs that I should know about? >> No. >> Okay. So, the next step, the next test we're going to do is the onelegged stand test. Okay. Would you like to wear shoes for this? We found flip-flops in your car. >> This is insane. Okay, fine. I'll wear mine. >> You could wear You could wear shoes or you could go barefoot. It's up to you. If you'd like to wear shoes, you can put them on. Okay. >> Oh my god. I kind of want to marry somebody who's like insane. >> All right. Um dumb. >> So here. So onelegged stand test. Okay. So I'm going to explain the test to you. Okay. >> The tree pose now. >> It's going to be the onelegged stand test. Okay. I'm going to explain to you. Okay. You understand? >> Yes. Bro, >> so starting position for this test is going to be both feet together, arms at your side. Okay. Do you understand that? >> Yes. Nine step walking. >> Nine step. >> Yeah. >> All right. We're actually going to do the nine-step walk and turn test first. Okay. >> So, I'm going to explain the test, then you're going to attempt it. Okay. >> You're going to imagine a straight line in front of you. >> Okay. >> Okay. Starting position is going to be your left leg, left foot planted with your right foot in front like this. Okay. You understand that? Okay. Arms at your side. >> Okay. >> From this starting position, you are going to take nine heel to toe steps. They're going to look like this. Okay. 1 2 3 4 I did four. You will do nine. Okay. Do you understand that? >> Do you understand that the people in this town like >> Can you just Paige, can you just focus on the test? I'm trying to explain the test. >> So up. >> I know, but I'm trying to explain the test. Okay. >> Okay. >> So, I did four steps. You will do nine. Do you understand that? >> Yeah. On your ninth step, you would take a series of small stop choppy steps with your right foot and you will turn around and face that imaginary line. Okay? So again, it's going to look something like this. >> One, two, three, four. >> Then you will take a series of small choppy steps. You will turn around and face that line again. >> You will then take another nine steps. Okay? As such. 1 2 3 4. Again, I did four steps. You will do nine. Okay. >> After you finish your ninth step, after you turn around, test will be complete. Okay? Do you understand that? >> Okay. Would you like to give it a shot? >> Yep. >> All right. >> One, two, three, four. Then I turn around. >> So So I did four, you will do nine. Okay. >> Oh, I do nine. >> You're going to take heel to toe steps. Okay. >> Imagine a straight line in front of you. You will take nine. >> 1 2 3 4 5 6 7 8 9. >> Yes. >> Just as I do just as I explained. Okay. >> Okay. And then you want to do back. >> Yes. I explained nine steps back. Okay. One, two, three, four, five. >> All right. So, uh, last last test is going to be the onelegged stand test. Okay. >> Oh, god. Tree pose. >> Let's do it. >> So, I'm going to explain the test to you. Okay. >> All right. >> You're going to keep both feet together, hands at your side. Okay. Then using either leg, whichever leg you're more comfortable with, you're going to raise that leg approximately. >> Paige, are you focusing on Can you listen? We're trying to give you an opportunity to complete these tests. Okay. Can you stand? Can you stand right here in front of your vehicle and can you give me your focus so that I can get through this? >> Okay. >> As I said, feet together, arms at your side. Whichever leg is more comfortable, you're going to take that leg and you are going to raise it so that it is approximately 6 in off the ground. You're also going to keep your foot parallel with the ground. Do you understand that? Okay. >> Yeah. >> With your leg raised, you're going to count out loud in the following manner. 1,00 1 1,002 1,003 so on and so forth until I tell you to stop. Okay. Do you understand that? >> Sure. >> Okay. Do you have any questions regarding this test? >> No. >> I'm trying to give you every opportunity here. Okay. >> Would you like to attempt the test? >> Sure. >> Go ahead. >> Is this like a something I should be like I need my lawyer for? No. >> Not for the field sobriety test. No. All right. Go ahead. I feel like my body is not >> How long do you need to wait? >> So, I told you you're going to want to count out loud. 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 1000 1000 10002 1000 3 so on and so forth until I tell you to stop. Okay. >> All right. But what if I couldn't do that in in general? >> Well, that's why I asked you, do you have any issues with your legs? any issue with your balance that I should know about. You told me no. Okay. So, >> you know, I'm giving you every opportunity here to completing do that. >> Look at these guys. Issues balancing. >> I mean, >> could you do a balancing test? He's going to give you another chance. >> Can you balance? >> No, I can't balance. Do >> you have an injury or something to prevent you from? >> I mean, I do CrossFit, but like I'm >> So, you think you can do bounce? maybe without the shoes. Want to try? >> So, so real quick, I don't I don't want to interrupt. The officers are trying to determine if you're going to be arrested for DWI or not. So, if you would like to try to prove them wrong that you're not impaired to to do the test, then do it. But e either way, they have to make a determination. So, if you'd like to do it, do it. If not, then tell them you won't do it. >> What's like the smart thing? >> We're trying to give you every benefit of the doubt. So, I'm going to give you another chance if you want to take your shoes off. Oh my god, this is so shitty for like a Westfield like [ __ ] >> So sad. >> You want to give it another try? >> Sure. >> All right. Do you remember how I explained it? >> But I have to do like tree pose. >> Listen to what you >> No. >> Listen. >> I'm going to explain it one more time. Okay. >> Okay. >> The onelegged stand. It's not complicated. Okay. >> Keep both feet planted. >> Yes. >> Together, arms at your side. That's going to be the starting position. Do you understand? >> Got it. >> Okay. Taking whichever leg is more comfortable for you. You're going to raise that leg so that it is approximately 6 in off the ground and so that your foot is parallel with the ground. It's going to look something like this. Okay? >> And how long has that happen? >> You're going to count out loud in the following manner. 1,00 1,002 1,003 and so on and so forth until I tell you to stop. Okay? You are going to do both of those things simultaneously. The onelegged stand and the counting. Do you understand that? >> Do you understand what he said? >> Yeah. I understand. >> When you're ready, go ahead. While while you're doing it, don't raise your arms in balance. Keep them at your side. >> 43y old woman do that. So >> you can >> All right. >> All right. While you're doing it, keep your arms at your side. Keep your foot parallel and look at your foot while you're doing it. If you put your foot down, just raise it back up. >> I told you you will count in the following manner. 100 1 2 10 100 3 and so on and so forth until I tell you to stop. Okay? I've explained that multiple times. All right. >> Whenever you're ready. >> You tell me when you're ready. >> Go ahead. You may begin. >> Starting moment. >> You may begin. You may start >> for 10. Just hold my foot up. >> All right. We're done. >> All right. Trans. >> Can I be placed under rest while I'm executed? >> Oh, you guys. Yeah, honestly. >> Hey yo, I'll do anything. >> Stop. >> No, no, this is for my kids. You can't do this. >> Call it out when you're ready. >> I have two kids that are very important. >> Delicious. >> We're trying to make sure that you get home to your children safely. >> You can't do this. >> We're going to have one adult female under for 450. >> Can you uh dispatch your toe here for John's law? to my kids. >> Where is it? >> You have a party around. >> You can't. >> You guys can't do this. >> It's already >> open. >> Yeah. Let him get her in there and then uh you two do your uh search and all that and collect everything. I I'll help babies. You guys start. Go ahead. >> Yeah. Can you check our box here for a minute? >> Stop. Stop for a second. >> I got you. I got you. >> Nothing's in there. Hey, >> do you have anything on you? >> No. >> Okay. With the back of my hand, I'm just going to touch your pockets. Okay. Fine. Oh my god. You guys can't do this. Please don't. >> We didn't do it. >> Please don't do this. >> I'm begging you. >> Oh, good. Big >> for the love of my life. >> I am not causing anybody any harm. >> Go ahead. >> Just sit right there. >> Watch the curb. Watch the curb. >> Yeah. >> Please don't do this. >> Race it. Thank you. >> So, uh, while it's in there, you can check her bag. Especially if we're looking for pills. She might have more pills in her purse and everything like that. >> What about her drink? >> Uh, I >> if you want Yeah, 100%. It could be alcohol. Yeah, I >> I think if there's alcohol involved, I think it's a mix of alcohol and prescription. >> Yeah, that's probably >> Yeah, I don't know what they are. They're not in the package or anything like that cuz not a whole >> There's a purse right next to it, right? >> I didn't see I don't know. >> No, there was a purse on the seat. >> So, I'm going to have you respond over uh meet you at headquarters. We did backhand search. We're good for now. We could do a secondary headm. >> Does it look like alcohol? >> I think it's water. It's got a little bit of a smell to it, but I think it just might be the >> like the container. That's fine. Um, and like I said to him, we see pills in plain view. She could have pills in her purse. You could search the purse, search all that to make sure there's no more pills in the car. >> Jeez. Is that a >> Yeah, it's look it looks clear though. >> There is uh there is cash in here though. >> Okay, we can uh bring her purse and stuff in like valuables and all that. >> Yeah, thanks. It looks like she might have tried to ditch everything back here. You know what I mean? She did the reach around and dumped it. So, I'm just double check and making sure she didn't dump anything else back here. >> I would check like in between the seats in the center console, too. That looks good. All right. All right. >> I'm going to have Civics follow you in so he can help you with the paperwork. All right. And then uh either me or me or Jeremy will probably be box operator for you. >> Did one of you guys grab the keys? >> Uh right on It was on the dashboard. >> Yeah, I just I put them there. >> I'm sorry. >> Yeah. No, go. She says uh she had the street kids at Mountain Avenue. >> Unattended. Okay. Uh Mountain Avenue in Westfield or >> 605 Mountain. >> Okay. So then uh >> we'll figure that that out. I'm just giving you find the key. >> Yeah, I got the key. >> Okay. So >> So we got her purse, everything in it. Bring that. And then we got >> Yeah. >> I It would be good for him to help with the paperwork anyway. So would you mind waiting with the with the car? >> Oh, with the car? >> Yeah. Yeah. And then uh I'll address the kids. I I might even just go to the house myself now and we'll figure it out. All right. She said they're completely unattended. The kids said somebody go over there and >> Okay. All right. >> Said her husband's out of town. >> Okay. Uh yeah, I'll handle that. All right. >> Paige, if you if you understand that we're doing our job, then you should know that there's nothing that can be done at this point. It's already done. Okay. >> It's already done. Paige, >> no. Do not do this. This is a bad thing to do to my life. >> Delta 2. I'm such a good mom and a hor like this. >> I'll be transporting one adult female from this location to headquarters. Starting mileage 17547. Paige, when you drive in the condition that you're in, >> you take you take the risk of >> getting injured or worse. And that's that's that's terrible for your children. Okay? So, everything that we do, we do uh with your children's interest in mind. Okay? I understand. Okay? be arriving at headquarters. Ending mileage 17548.2.41. Why are my keys not working? >> 605. You got brown stairs. Appreciate. >> All right, [ __ ] >> So, >> Terry v. Ohio, 392 US 1 1,968. An investigative stop requires specific and articulable facts, not mere hunches. [music] Two independent citizen reports of erratic driving satisfy this threshold and form the constitutional foundation of this entire encounter. Pennsylvania vims 434 US 106 1,977. Officers may order any driver from any vehicle during any lawful traffic stop on officer safety grounds alone. No additional suspicion beyond the existence of a lawful stop is required. Chetsia standardized [music] field sobriety test protocol classifies officer detected alcohol odor as a primary behavioral indicator of impairment combined with erratic driving reports. This legally escalated the stop from careless driving under NJSA 39497 to an active DWI investigation. Burkma v Marti 468 US 420 1,984 Miranda warnings are not constitutionally required during traffic stops until formal arrest. Reading rights before field sobriety test exceeds [music] the legal minimum. Protective for the subject, but it creates procedural complexity for the prosecution. Horton v. California 496 US28 1,990 Plain View seizure requires three elements. Lawful officer presence, immediately apparent incriminating character, and lawful access to the item. Hills pills visible in a backseat plastic bag satisfied all three without any search. And HS validation studies confirm that four or more horizontal gaze nestagmas clues correlate with blood alcohol content at or above zero. 8% in approximately 88% of subjects tested. HGN carries the highest scientific validity of all three standardized tests. [music] Pennsylvania v Munis 496 US 582 1,990. The physical performance of field sobriety tests is non-estimonial. The fifth amendment privilege against self-inccrimination does not extend to acts of balance, coordination, or involuntary eye movement. NJSA 39450.4 for is a protection most drivers never invoke. Refusal to perform field sobriety tests cannot be used as substantive evidence of guilt. This statutory right exists independently of Miranda and applies regardless of actual impairment level. NJSA 39450 defines DWI as operating a vehicle while under the influence of intoxicating liquor or [music] any controlled dangerous substance. The first offense mandates license suspension of 3 months to 1 year and mandatory ignition interlock device installation. Arizona v Gant 556 US 332 2009 limits vehicle searches incident to arrest the independent legal basis here was an inventory search preparatory to empoundment under NJSA 3945023 John's law mandating minimum 12-hour vehicle empoundment following any DWI arrest NJJ-SA2C.3510 governs possession of controlled dangerous substances if pills found in plain view are confirmed as controlled substances without a valid prescription. This creates criminal exposure entirely separate from and independent of the DWI charge. Three lessons this encounter establishes. [music] Drivers hold a statutory right under NJSA 39.450.4 to decline field sobriety tests. Officers reading Miranda before a formal arrest exceed their constitutional obligation. Plain view observation [music] requires no warrant regardless of what is found. Miranda was read before the arrest. Rights were offered before the tests. The pills were never identified on camera. The case outcome remains unknown. At what point did reasonable suspicion cross into probable cause? And was the totality of circumstances here legally sufficient to make that case. Was the early Miranda reading a procedural safeguard or an evidentiary liability? Are those unidentified pills a separate criminal case waiting to open? What does New Jersey law actually require to secure a DWI conviction when no breathalyzer result appears on camera? >> I started trying to hit him with it. Then that's when I started hitting his window because he was trying to hit me with it. of a car or something. >> He returned because I already [ __ ] hands on me. >> Nothing going to be done about that. >> That's >> DJ. That's the thing. You put your hands on me. >> A single act of property damage can trigger three different criminal statutes, three different legal standards, and three different defenses. >> I'm going to get away from my friend. Pick me up. It's nothing. It's >> okay. Well, let's figure out what's going on. So, what you got in an argument with >> I got an argument. That's it. But my friend is coming to get me right now. Right, Tori. >> Okay. Well, let's figure out what's going on before we >> Okay. >> Who you got in an argument with? >> I got an argument with my friend. >> Who's your friend? >> His name DJ. That's my hand is so bloody because I got an argument with him. >> Okay. And why is your hand bloody? >> Because I I was hitting him and he was beating me up. >> Okay. Where'd he go? >> I don't know where he went. I don't care where he went. I don't care. He I'm not pressing charges or anything like that. >> How do you How do you know him? Is it a friend or are you guys in a relationship? >> We talking. We're not in a relationship. We talking. >> Not in a relationship. >> Okay. >> And okay. It's not broken or nothing, right? >> No, I'm okay. >> Do you have your ID on you? >> I got my ID on. >> I don't think I have it on me though. But if you want to see my ID, you can look me up. I just got arrested three weeks ago. You can look my ID up. >> For what? >> Shut up. No, because the mother [ __ ] he got the police on me. >> He did. I Somebody else did it. >> Okay. But Okay. But I'm just I'm >> So you and DJ were arguing. You saying he he punched you or what? >> He beat my ass. You You see my ass? He punched my ass. He beat my [ __ ] ass. [ __ ] I swear to God, I'mma beat his [ __ ] ass. Then I got [ __ ] brothers. >> Where did this happen at? >> Right here. >> Right here. >> [ __ ] office. That's why. [ __ ] Okay. I swear to God. Oh. Oh my god. My friend come to get me. >> There's a car here. >> Where is you? So I can [ __ ] go, bro. >> Yes. You to my ear. >> No. You to my ear, Tori. >> All right. Can you tell me what happened? >> Can you pull all the way to the back? >> Tori, come on. You getting wet to I'm trying to leave. I been trying to tell you that we >> getting we come on. Every time I always get in [ __ ] trouble. Come on. Ma'am, >> ma'am. >> I'm not talking to you. I'm >> You're not leaving. Okay. And talking. >> I know that. I know that. I'm talking to my friend. >> So, tell me what happened. Damn. >> Your friend's on their way. >> So, just tell me what's going Where is you, bro? >> How are you, bro? >> If you'll tell me what happened, then we can move on. Okay. >> Okay. >> Okay. Okay. Hurry up. >> Yelling at her ain't going to get her anything soon. Okay. >> I'm not doing anything. I'm just staying because I want to leave. >> Okay, that's fine. But you got to tell me what's going on. Okay. Okay. He got mad because uh I was going to I had my friend come get me. >> Okay. >> That's it. And this the friend that I'm talking to right now, that's the friend that was going to come get me. >> Okay. Boom. So, he got mad or whatever like that. So, he start trying to like, you know, come come towards me like he was in front of me. So, >> you know, like the little like the little banners that like show advertisement be looking after till >> you you must be my friend but you're not listening. >> I my dispatcher was talking to me. >> Okay. So you know the little dis maners that like supposed to show advertisement. >> Mhm. >> Okay. So the little dis manners that was supposed to show advertisement, I pulled him out because he was trying to swiggle me. So I was not going to swingle him. But >> yes, >> he was going to swiggle me or whatever like that. >> Did you come here together? >> Yes. That's a thing. We came here together. >> Okay. We was running the phone with him in the dirt bike together. >> Okay. >> Okay. So, we was trying to phone the dirt bike together. I told him that like he he not he not the type of dude that understand like okay if you tell him something he going to like just go well with it. He feel like he respected man. He feel like everything a a woman supposed to do supposed to like believe him. Okay. So, boo. I'm not on that type of [ __ ] I'm not going to uh [ __ ] do that [ __ ] So, [ __ ] we cool. we cooling and all that. So boom, >> I walked outside and I [ __ ] told him, "Bitch, I'm ready to go home. >> I'm ready to go home." So I told him, "I'm ready to go home." He mother So he [ __ ] act like he supposed to He told if you smoke on me one more [ __ ] time, he if you smoke me one [ __ ] time. Okay. All right. >> Yes. >> All right. Where are you? I'm right here talking to the police. Groover. >> Okay. But Groover, he talking to me. Okay, sis. >> Okay. Okay. Okay. Okay. Okay. >> All right. Right now. Okay. >> All right. So, you guys fighting? >> Okay. We was fighting. I pulled the little like the disbanders, the advertisement [ __ ] I pulled him out the thing or whatever because he was going to hit me. So, I didn't want to hit him. I never wanted to hit him. >> What do you mean you're pulling him out? >> Because he was he he started swinging on me. He start like like he want to swing on me. >> So how did you grab a hold of them if he was swinging on you? >> Because they was in the dirt like like if I show you over there I can show you the things that you could pull out from the dirt. They like advertisement like you know like a little banner. >> I thought you meant you were pulling on DJ. >> No. >> Pull on the banner thing to like protect yourself. >> No no no. I was putting on the little banner thing to protect myself because he was going to tug on me and he is a dude and I didn't want to. I didn't think that he was going to like really like pick his on me, but he p his on me. That's how my finger start doing this because he he struggled me to the point I hit the ground. >> Okay. >> So when he hit when he swung on me when he swung me. >> Mhm. >> I started trying to hit him with it. Then that's why I start hitting his window because he was trying to hit me with it. >> Of his car or something? >> Huh? >> Of his car? >> No. of the the [ __ ] office. >> Okay. >> But I'm not. >> Oh, >> but I was just trying to hit because I was trying to do more fun myself because he punched me in my face. >> Okay. >> And I fell against the ground. That's why my fingers are so bloody >> because he he pushed me against the ground. That's when I called y'all because I told my friend to call. >> Yes. >> We didn't get a call from you. >> Oh, no. My friend and me. Yes, you did get a call from me. He didn't get a call from you. I got you. >> Who did you call? >> I call I been calling way earlier. What do you mean? Don't look at me. I don't >> I swear to God I've been on the way earlier. What the [ __ ] Like he b my [ __ ] ass. Like >> Okay. Well, I'm just telling you I I didn't get a call from >> Okay. But I'm letting you know right now that I was not trying to call the police because I was not trying to get anybody involved. But >> did you call or not? >> I did. Me and my friend. That's my friend on her way right now. >> You want to go find wherever the complaining is? >> Yeah. >> I don't care where the [ __ ] complaint is. He beat my [ __ ] ass. He punched me. He beat my ass. He the first person that threw a lick. I don't give a [ __ ] what happened. >> Okay. Well, you're not making any sense. You're all over the place. >> I'm not all over the place, but I just told you he is hands before me and that's why I pulled the [ __ ] advertised banner out and I was going to swing on his death and that's when he left. >> You see, he not here right now. >> Okay. I don't know. I didn't go back there. >> Okay. Well, you could go right back here with me. >> I'm talking to you right now. >> He not going. He not even back there. >> Did he leave? Is he gone? left. After he smoking, he left. >> Stop screaming at me >> because I'm just trying to get you to understand it. >> It's harder for me to understand when you're talking. >> Okay, whatever. Okay, >> I figure out what's going on. >> Okay, I just want my friend to go there. I just I don't care. >> So, >> look at my hands. Look at everything. >> How did your hand get like that from falling? >> Punch the [ __ ] out of me. >> Okay, I'm just trying to get you to understand, bro. >> You screaming ain't going to help me understand. Come back. >> Hurry up, bro. Hurry up. >> Can you come back? >> Hey. I did something to he was so cute. >> Somebody look listen to me. >> Whoever DJ is, he didn't call a person. >> Okay, I don't care. But he his hands on me. I don't care. So, do you want to report this? >> I don't want to report. I'm just saying if they reported that [ __ ] I'm going to let you know what happened. >> Okay. So, we got to do a report on it. So, I'm trying to figure out your side of the story. >> Tori, where are you? >> Tori said she's 5 minutes away and she's almost here. So, >> Oh my god. >> Quit yelling at her. She didn't do nothing wrong. >> I know she not did nothing, but I'm just saying just my hands are so bloody. Both of my hands is bloody because he peed my [ __ ] ass. He ped the [ __ ] out of me. Before y'all came here, he left. That's the thing. That's the thing y'all failed to realize. He pushed the [ __ ] out of me. >> What are you talk? What do you mean I failed to realize it? >> Okay. Because you was not here. That's what I'm saying. To fail to realize because you was not here. >> I realize it cuz you told me. I didn't. >> You're not realizing anything because you not believe you. >> I didn't say I didn't believe you. >> Okay. But that's how you make it seem like you don't believe me. And I'm letting you know right now what happened. I'm not trying to be on no [ __ ] [ __ ] or no [ __ ] anything. I'm letting you know what what happened. >> Okay. And I'm listening. >> Okay. You saying that I [ __ ] punched the [ __ ] windows and all that [ __ ] He beat my [ __ ] ass before y'all [ __ ] got here. That's why he gone right now because he beat my [ __ ] ass before y'all got here. And Tori was on the phone with me. Why he beat my [ __ ] ass? My friend going to pull up here and she going to tell y'all when the [ __ ] happened. >> Okay, that's fine. >> Okay. And she going to pull up. >> Okay. >> Okay. >> Was Tori here when it happened or he was on the phone? >> I hate you, Tori. Okay. I know. I know. She's coming out. >> She's on right now. She going to let you know right now. >> She was on the phone with you. >> She was on the phone right now while I got my ass whooped. That's my hands all bloody everything. You got to fridge right there. While we was on his phone with a dirt bike, we got the fridge back there, too. >> Where did he punch you at? >> He punching my face. What do you mean? >> What do you mean? What do I mean? Stop. >> I'm asking you a question because you blowing me because in there I'm trying to I'm trying to make some sense here. >> Okay. Okay. Then take a deep breath. No, I'm not going to take a deep breath because why we bro every time. It's just every time. Like literally every time, bro. >> Every time. What? >> Every time. I just got locked up two weeks ago. Okay. >> Every time. Like every time. The [ __ ] Every time the [ __ ] >> Don't hang out with him anymore. >> I don't hang out with him. This is my [ __ ] third fourth time hanging out with him. >> But he would be late because he got mad at something I said to him. Like I told him I was I was ready to go home. Okay. So, he got mad at something you were saying to him and he pushed you to the ground. >> Is that correct? >> Keep your mask. Tori, get out the car, please. >> All right. So, >> this is my friend right here. >> That's fine. You're not going to understand. >> Okay, but calm down. >> I am going to >> What happened? >> He beat my mother. >> I know. I was on the phone. I heard all the freaking jump going on. I did hear everything that was going on. I did. And he just got in the car and he left her. And then that's >> Exactly. He beat my ass and he left me. That's what I'm trying to get him to understand. Like they trying to make it seem like I I did bust out his window. So I did. But the thing is he beat my [ __ ] ass. That's the thing. He just he dragged my ass and he beat my [ __ ] ass before he left. That's the thing. Did you call your mama? I called mama but I called you because mama said call you. That's the thing. Like bro, what happened? Bro, what's going on? She's kind of all over the place. I'm trying to figure it out. >> Because I was sitting by myself. >> So, now that now that she's here, we can calm down. Okay. She's here to get you. So, come over here and let's start from the beginning. >> So, you and DJ are here. You're riding the dirt bikes and stuff. And then riding dirt bikes. >> Okay. And then you say something he doesn't like and then he comes at you and does >> he smuggle me because I don't know why he's smoking me. He just smuggled me. He smuggled me and he hit me the hardest thing. Well, first of all, I heard him I heard him walk in and he said something and then they started arguing and it it just really went escalated really fast. That's really what I heard. All I know I was on cuz I was on FaceTime with her. >> Do you have a driver's license though? >> No, I don't have Florida ID. >> Yeah, I have Florida ID, but I don't have my ID on me. You got a picture of him? >> That's fine. He's going to he's going to check it. >> Okay. So, he swings on you. He punches you in the face. >> Huh? >> Ma'am, he punched you in the face. Man. >> Yes. He punched me right in the [ __ ] face. He punched me in the basement right there. I Bro, it's four people right now. Bro, if you want to go to the garage right now, I swear to God, it's four people in there right now. >> Okay, we can do that. >> Come on, let's go. >> I want to make sure I have your story. >> I want you to go to the four people right now so they can start talking to this man like that. They're not going to listen to you. >> You're not listening to me. I'm your best. I am listening to you. My dick is Tori, bro. >> Look, bro. Calm down because Tori, he swung on me. That's >> telling him that. But just tell people if he can go down there and talk to them. >> They're not going to defend me. That's the thing. That's >> ma'am. >> Okay. I don't care, bro. They're not going to defend me. That's the thing, ma'am. >> They're not going to defend me. There's sides. There's sides to every story. So, I'm getting your side first. Okay. >> Okay. What? >> Are we going to talk? >> I just told you we rolled the phone with her. We came back here. >> Okay. >> We rolled the phone with her. We came back here or whatever like that. I told him I was on the phone with my friend. I told my friend. My friend was telling me that she was in the meet up with me. >> Tori right here. >> So she told she was going to meet me or whatever like that. And then we got outside. >> He got mad at something. And then that's when when I pulled out the thing that like the advertisement thing like the little balloon thing or whatever like that. I pulled it out and I was going to u [ __ ] swing on him. Okay. >> After he punched you. >> Yes, that was when you >> pushing the part to tell him where he punched you. >> He punched me in my face. That's why >> I already told him that. >> Freaking out. Okay. >> I already told him that. >> Okay. So he you said something he didn't like and see he fed something back. >> He punched me. I already said that. I I swear I pulled the thing and I beat you. I need more than just I already told you that. >> So you were mad cuz he punched you. So you >> Okay. He punched me to the ground. That's why my hand is like this right now. >> I know. I know. >> So you take the thing and you hit his window over the office window. >> Okay. He drove out here. He not going to come back. >> Okay. Okay. That's fine. Just I'm not working against you. I'm not on anybody's side. Okay. >> I'm not trying to take anybody to jail. Okay. You can you can calm down. >> All right. So, you take the advertisement thing, hit the window out, and then he left and that was it. >> Yeah, that was it. And I was waiting for my friend to pull up on me again. >> Do you think he left because he didn't want to get involved? >> Because he beat my ass. That's the thing. He dragged me everything. He beat my ass. That's why my hands is bloody. >> Okay. Do you have any marks on your face? Can I see? >> No, I don't have any marks on my face. Now that I believe it, I just have any marks on my hands. hand from the concrete. >> Yes. >> Okay. >> What happened, sir? >> I don't know. She's a little >> upset. She smashed in the window. >> You bust somebody the window, girl. >> A few windows. >> No, that's her car. She got a car. >> No, he said you bust somebody windows. >> I did because he swung on me. You're right. I swung on. My hands is busted. What do you mean? >> Well, why you bust the man windows out? Because he swunk on me, man. That's a whole dude. What do you mean? >> Well, come on, bro. Come on. Why? >> Do you know who DJ is? >> No, I've never met him. >> Dang. >> Probably shouldn't hang out with him anymore. >> Yeah. >> So, she punched her. So, she grabbed this metal rod and started smashing. >> You said what? >> She told me that she grabbed a metal rod over there and started smashing all the windows to his car and then the office building. Um, we don't know who he is. So, we can get >> Yeah, I don't know who he is either. >> Um, and then see if they >> he wants pressure for the window part of it. So, it's going to get written up. It just has a like an information report until we can get further on information on who he is and >> what really happened. And there are cameras. So, >> um, we should be able to get hold of the business owner on Monday and and roll those up if need be. But, >> I don't know. She's She's I don't want her to have to get in trouble for it. So, she probably shouldn't hang out with them. She's a >> She goes around smashing windows. She's It's >> I know >> that can quickly turn into a felony. >> I know. >> Cuz windows are expensive. >> Oh, I know. >> So, I don't know. She doesn't need to be getting a felony. She just turned 18. >> Yeah. So, I don't know. I I talked to her and just she didn't want to listen to me. But >> my [ __ ] god, man. >> Did you know about this too? >> No, man. >> Oh, so you were gone when you did this? >> I told you I was pulling cuz if you check my record, you can see I went to jail for stuff already in the in the domestic thing. So, I know how to avoid it. >> She literally just left. >> So, what I did was I pulled out. She like, "Yeah, take your ass on. Go on." So, I slid. The first thing she did was grab this flint right here. >> Okay. >> And threw it right here. when I was here. Okay. >> So, I said, "Okay, now you bust that [ __ ] You know the people going to call the police on you now. >> I don't give a [ __ ] Okay, >> let me get up out of here right now then. I don't want no parts of this shit." >> So, when I left this one was all this. I put that back cuz you know it was disrespect. I was going to come clean it back up, but I didn't know she [ __ ] did this [ __ ] cuz another >> This is your place. >> Yes. Okay. >> And another dispute we had. What really happened on that? >> Please don't do that to me, man. Well, so >> if I'm going be honest with you, I know I'm not even going to be able to. I know they going to. You feel me? Mr. Ralph, y'all know Mr. Ralph. This is >> We don't know him. >> That's who owns all this. I know Mr. Ralph. >> So So So here here's where we're at, though, right? >> You don't have to start. >> Yeah. You don't So here's the thing. I I cannot force you. >> I can't force you. It's entirely up to you. All right. But we're at a We're at a crossroads here. You can go left, you can go right. I cannot make a decision for you. So if you want to press charges, that's one route. Or if you don't, all I got to do is you sign a little piece of paper and then >> I still got to get within reason. >> Yeah. And then we need to talk to him. >> I got I got to call him. I ain't going to lie to you. What he did to her? What she did? >> The front windshield smashed. >> Oh my [ __ ] god. He was about to [ __ ] go crazy. Oh my god, boy. Oh my god. He about to go crazy, boy. >> So where was when you left? Where was she? >> She was flipping standing right. >> She was she was throwing them up throwing them on the ground right there. Would you the two of you get physical at all? cuz >> boy, get here, boy. >> Was there anybody there that besides the two you that could? >> The only two. They were here first. Them two were the only two that was here. >> The gentleman over there. >> Yes, they saw her do all that. >> Yeah. See, I Hey, cuz boy, get here, boy. To the shop, boy. She She [ __ ] the car, boy. >> I don't even know who the [ __ ] is. >> This is your business, too? >> Yes. >> You want brushes for the business? >> You got to, bro. Who going to pay for this [ __ ] I'm not paying for this [ __ ] >> Okay. So, what we're going to do, I already got you guys information. I'm going to give you a case card. It's going to be for the It's going to be my name and it's going to be the report number, all right, that we're going to write. Um, obviously, if you're going to go through insurance or anything like that, give them that case number as well. Okay. And then >> and the other thing we need from you is we need your estimate on what it's going to cost. >> Yeah. The front windshield. >> All that I'm aware of. I mean, I don't know. All about her, dude. >> Yeah, that's what it was. She She was tripping about acting like a little [ __ ] girl. >> So, since we're going to go ahead and do charges, would you guys be going to fil affidavit describing everything that happened? >> Yes. Yeah. I'm cool with that. >> Um, and >> he wasn't here. Neither one of us was here when this Right. But at least at least describing everything that led up to >> Okay. >> when you guys left. >> We told you everything already. >> You were you were with him and her. >> Yeah. Earlier when I was going forward with her and she kept bitching about, "Let me ride, let me ride, you lane." >> And then after that, we left and then called me on the way back here. >> Question, last question for you then. Um, as far aside from the affidavit, and I know you said the issue with the battery and the cameras and all that, were you able to find anything that captured any of this? >> Battery did. All right, let me get the affidavator for you guys. >> Hello again. >> How you doing? >> Good. Do you remember me from earlier? >> Huh? >> You remember me from earlier? I was one of the deputies. Is uh here? >> Yeah. >> Hey, can we talk to you real quick? >> Yeah. >> All right. So, real quick on your back. All right. >> She going to go to jail. Wow. >> What am I going to do for her? because of the damage to the vehicle and the glass. >> Hey man, I want me first >> as a separator. >> Oh my god. 21. Do you have a deputy attending search? >> All right, come on. >> Who wants to try? >> I'm going to go this way. Come on. [screaming] >> Hey, stop. Stop. >> Stop. I swear to God, please let me talk to her, >> bro. I didn't do [ __ ] the [ __ ] >> on me. No, bro. Let him record it. >> Go get my phone. Go get my phone right now. Go get my phone, please. >> Go get my phone, please. Go get my phone. Go get my phone. I don't care. We going to go here right now. We going to go here right now. I don't care. Go get my phone. All right. Well, we're going to go to the car and then >> No, let go get my phone. >> Come on. We'll bring the phone to the car. Come on. >> No. Cuz I trying to rip me for nothing. >> We will bring the phone to the car. Come on. >> Oh my [ __ ] god, bro. >> Y so [ __ ] green, bro. I swear to God. Y [ __ ] green. Yo, >> come on, >> bro. Y so [ __ ] green, bro. Listen, a deputy is going to come search you. Is there anything on you that she needs to know about? Any weapons? >> Drugs? >> No, no, no, no, no. I'm not [ __ ] dumb, [ __ ] I'm on probation right now. The [ __ ] you mean? >> Okay. >> The [ __ ] >> I just had the >> I don't care the [ __ ] >> Okay. All right. Do me a favor now. The car right here with the American flag, you just go ahead and face that. Okay. Mhm. Can't leave my cousin Destiny. Come out here, bro. She's going to bring your phone and that'll go up to the jail with you. Okay. >> Okay. >> Y'all going to take me to jail for what? >> For criminal mischief. For smashing the windows of the vehicle and >> it is on me first. The thing is I'm not understanding. >> Well, I will put that in the report that you said that. >> You don't have to report because that's on the camera. He ring like on his office. The [ __ ] >> Okay. >> I don't care mom because they trying to run through for nothing. Mom, he pisses on me. I already told to the police. >> So that's still getting my phone, please. Can you get my phone? >> Phone's right there. >> Get it right now. Give me my password right now so you can call him right now. >> We're not going to call him. >> Why not call him? But y'all say he press charges. >> Talk to him. >> We already spoke to him. >> All right. Okay. Let's call him again. >> No, we're not. We're past that point. >> Oh my god. He's so greedy. >> He press charges on what? >> He press charges because I already [ __ ] but he be his on me. So ain't nothing going to be done about that. That's >> DJ. That's the thing. Put your hands on it. >> It will be documented in the report. All right. It will be sent up to a supervisor. It'll be investigated. The state was going to look at all of this. But right now, she's going for all of that. >> Oh my god. That's so [ __ ] green, bro. >> But I just told police. >> Nobody said I was getting press charged or anything. So >> that was before we spoke to them. >> Okay. Hey, but the thing is you met with him, but you ain't uh talked to him about him peeing his [ __ ] hands on me. >> Yes, we do. >> Okay, so what the [ __ ] do you mean? Okay, but they he on me. >> It don't matter. He pe his hands on me. >> Now he want to press charger. >> Okay, but [ __ ] I press charger. He his hands on me. The [ __ ] He on me first. Let's go. Let's go. Let's see that ring camera. That's the thing. That's what they trying to [ __ ] [ __ ] bro. I don't care. >> That's not what they >> I don't care. I want to talk about the damage. >> So why he b his hands on me? >> We understand that, >> bro. All right, bro. >> Hey, we're giving you the courtesy of talking to your mom. I'm not talking to you, bro. When you're screaming, you're going to be put >> I don't care. I'm not talking to you. I'm talking to my mama. That's the thing. Step away in a minute if you're going to keep acting a fool. >> Mama going to stay right here. >> No, she will. >> You're not in charge here, ma'am. >> Okay. The thing is you're trying to make something nasty. I'm not. >> Bro, move away. >> Just casually talk to your talking to my scream. >> Just talk to me. >> It's simple. They he he done pressed charges on on the windowless. >> Get my phone so you call him. >> But they say he already they don't >> get my phone so you can call him. >> He didn't want to answer the phone when you were calling cuz he already done had them record it to the to the police. All right. >> Oh my god. >> Call him right. No, boy. That's a thing. You understand? You leave like Don't do this. All right, we're going to go in the car. You can't leave. >> Stop. Give me >> I'm not being >> Come on. Sit down. >> Sit down. >> Put your feet in. >> No. >> Put your feet in. >> Put your feet in. >> Put your feet in. Come on. >> Put your feet in the car. Stop making this harder than it needs to be. >> Mama says in the car. >> Will you please put your feet in the car? >> Mama say the car. She got my phone. >> We don't need to talk to him anymore. We've already talked to him. But what did he say? >> Exactly. That's the thing. >> I'm going to ask you one more time. Please put your feet in the car. >> Oh my god. You're so crazy. You're so crazy. You're so [ __ ] crazy. >> What are you doing? >> All right. So, at the end of the day, here here's the issue. Okay. So, everything that she's telling us that she told us that happened over there, we have literally zero evidence to support what she said. Zero. >> What she say is cameras and everything. I I understand that >> there's nothing nothing on camera got caught that we were able to view. >> All right, so that's number one. There's nothing to support her claims. Meanwhile, I've got windows that are smashed, a car that is completely smashed in. I have eyewitnesses completely not even involved with them, like independent witnesses, right? Workers that were there who stated to me they saw her smashing the hell out of this car and throwing bricks through windows and everything by herself. She was there. They didn't see anybody else there. She meanwhile, >> she say hit that he had no love. >> I I understand that. But understand me being the neutral party here. Okay. >> Right. >> She has nothing to support anything. Right. Meanwhile, I have all this other evidence. And the other issue here is she keeps saying, "Oh, he he punched me in the face. He hit me, you know, 10 times, 20 times, whatever it is." Right? She had zero injuries to her face. >> Well, she got scratches on her hand. But that's also People were dragging her. >> I understand that. But here's the issue. She had that one injury, right? There was nothing else that we saw anywhere on her body. Her clothes didn't look dragged at all. She got no injuries on the face. We looked at >> the other business next door has cameras that points there. So on Monday when they come back and are open, we can get those footage. >> And when I looked at his his hands, no injuries on his hands. >> Show perfectly what happened. >> There's nothing to support what she's claiming. >> Hey, stop. Stop. >> Calm down. >> So here's the other thing. And maybe you can explain this to her. Yes. >> If she keeps kicking here, here's what's going to happen. >> Okay. >> You're going to get another charge if you break the window. >> Explain to her that she's about to catch another charge. Yeah. >> Out, bro. I [ __ ] them out. You're green as [ __ ] Get the [ __ ] away from my window. Oh my god. Get the [ __ ] away from her. >> You going You going to get another charge? >> Shut [screaming] out. >> Shut up. Don't talk to me. >> You don't tell me no. Shut up. >> You green. >> Huh? I'm green. I wasn't even there. >> I'm green. I don't care. You're green. green. You'd >> ma'am, we're getting nowhere with this. So, thank you anyways. >> I'm sorry. >> You got my keys? >> No. Getting back to you. Sure. >> Oh, Ginger coming. >> I could not hear what she said. Ginger because of her screaming, but she acknowledged a transmission. I just don't know what the outcome must >> Hey listen the [ __ ] out >> we're done we're done >> I don't care I'll take the phone if you don't give I swear to God I swear to God I would never talk to you for the rest of my life I swear to You won't let me talk to you, >> bro. Listen to me. >> Listen to me. >> Stop [ __ ] lying. >> Listen to me, >> bro. Move, bro. I don't want to talk to you, bro. >> Okay. So, I'm going to be real with you. If you if you keep acting the way you are, two things are going to happen. I will charge you again and you already have felony strikes against you. If you want to keep stacking them up, by all means, we'll do this. So, you can stop and grow up and act like an adult and stop doing that. The second thing that will happen to you >> taking me to jail for what? The second thing that will happen to you. >> Aren't you taking me to jail for? What? >> I already told you. Criminal mischief. >> Why are you taking me to jail? >> If you also listen, if you keep kicking my window, listen, let me finish. Let me finish. Why you taking me to jail? >> Yeah, if you let me get this. If you let me say this, I'll tell you why. Okay. >> Okay. >> If you keep kicking my windows, I will also strap your legs together and I will spray you in the face. >> But why are you taking me to jail? >> Because you smashed the windows out. >> He beat my ass. That's the thing. He's a [ __ ] man, >> bro. I swear to God, you so bro. I swear to God, you a lame ass person, bro. >> Waiting on >> a female deputy to come search her to make sure she doesn't have any weapons or narcotics on her. >> Step out. I got to make sure you don't have anything on you. >> I feel like >> you step out. Go ahead and face the car. I'm not only missing one shoe. >> Both of your shoes are in there. We'll get them out for you. >> I'm going to try it. >> I swear to God, you're green as [ __ ] bro. I don't give a [ __ ] bro. You green as [ __ ] >> Why you want to press >> I don't care. You're green. You green. You're green as [ __ ] >> I don't care. your dream. [ __ ] bro. All right, stop moving. >> Can I get my Can I get my shoe? >> We'll get it for any second. >> It ain't nothing in my pocket, so I don't care. I can look all day I want. >> All right. >> Can you see if uh transport will be one? >> There's nothing in my pockets. I just told y'all that. I still Okay, y'all just the whole thing. Ain't nothing own nothing on me. You green as [ __ ] And it might be great as [ __ ] because you already know. I already told you everything. You green as [ __ ] >> I don't care. Shut the [ __ ] up. >> The [ __ ] you going to [ __ ] blow me? >> I don't care. >> The [ __ ] You green as [ __ ] because I need that [ __ ] You're my [ __ ] mom. He think you [ __ ] I don't care. I don't care. >> Stop, bro. I [ __ ] hate you. I [ __ ] hate you, bro. I [ __ ] hate you. >> Oh my god. I don't care, bro. I don't care. >> [ __ ] off me. I already told you for Christmas. That [ __ ] [ __ ] >> Stop. >> I don't give a [ __ ] >> Keep [ __ ] You're going to end up. Shut the [ __ ] up. Get the [ __ ] off my face. You dumb ass cracker. >> What's the [ __ ] Ain't [ __ ] [ __ ] punch that hole. >> I'm very sensitive. >> The [ __ ] You can take all that [ __ ] off, [ __ ] The [ __ ] >> Yeah, man. [ __ ] them. They coming, >> [ __ ] >> All right, bro. >> Stop fighting us. >> All right, sit down. Have a seat. Stop. Stop. >> [screaming] >> Can you just kick my windows out? >> Stop. You're going to get hobbled. I don't [ __ ] care, bro. [ __ ] you, bro. [ __ ] you. [ __ ] you. >> I'll be stopping at 57. Can you send me another unit? [screaming] You want to give me a [ __ ] [screaming] >> [ __ ] blow, [screaming] bro. [ __ ] >> [screaming] >> All right. >> Do not kick. >> Do not kick. >> Nope. She's going to hobble. There she is. You got to unlock it. >> Do not kick. All right. Do not kick. >> It's open. It's open. >> Stop right now. All right. That's another felony. Okay. >> Do not kick me. Taco Bell 510 Avenue. >> Don't kick me. >> Don't kick me. >> Do not kick me or you will get another felony. >> Don't Don't pull. Do not pull. >> Don't hit me. You got to take it apart. >> You can't. [screaming] Do not kick me. Don't kick me. You can't take it apart with the clip. >> Let me go. >> Stop. Let me go. >> No. [screaming] >> Let me go. >> Let me go. >> Stop. >> Stop. Please stop. >> Let me go. >> Okay. >> Stop kicking. Stop kicking. All right. Just hold your leg. I got this one. Stop. >> Let me stop. Get him. I got it [ __ ] up now. Stop. Stop. >> Let me go. >> Let me go, bro. >> Let me Okay. >> Stop kicking. Stop picking. Stop picking. >> All right. We got We got it. We got it. We got it. >> All right. Put it down on that foot. All right. Well, you just got yourself another charge. Congratulations. You're not getting charged with battery on the law enforcement officer. A. >> Okay. >> All right. Hold her there. >> Let me go. Let me go. >> Hey, listen. Calm down there. Let calm down. >> I don't [ __ ] care. Leave me alone. Leave me alone. [screaming] >> See, that's what you going to get. >> Put your feet in. >> Oh my [ __ ] god. >> It could be so much, bro. Oh my god. >> What's that for? Oh my god. Let me go. >> Let me go. >> What you doing? >> My wife got me for [ __ ] Exactly. [ __ ] Yep. >> Can you follow me up there? >> Yeah, I know. She look >> Yeah, I got something. >> Leave me alone. Leave me alone. >> I don't care. Shut the [ __ ] up. We didn't need to do this. >> No way. Come on. >> All right. We're good. >> Maybe when you broke the law, it came. >> All right. Can you follow me up there? >> Yeah. >> Thank you. >> All right. Sorry about the search. Had a better night. All right. >> What decides the outcome is rarely what happened. It is which legal threshold got crossed. Florida Statute 86.13 defines criminal mischief as willful and malicious property damage with penalties that scale directly to the dollar value destroyed. Damage under $200 is a misdemeanor. Damage of $1,000 or more becomes a thirdderee felony. Florida statute 8432 criminalizes resisting an officer without violence. A first-degree misdemeanor that requires no physical contact at all. Florida statute 784 7 elevates [music] ordinary battery to a thirdderee felony the moment the victim is a law enforcement officer performing a lawful duty. The fourth amendment permits a full search incident to arrest without separate justification. A standard set in United States versus Robinson in 1000 973. The controlling use of force standard comes from Graham versus Connor in 1000 989 requiring objective reasonleness judged from the officer's perspective in the moment. Three factors control that standard. The severity of the offense, the immediiacy of any threat, whether the subject is actively resisting. Restraint devices applied after repeated verbal warnings are consistently upheld once resistance is active and ongoing. Being the victim of one offense does not. Under Florida law, excuse a separate and unrelated offense. The clearest lesson here is evidentiary. Independent witnesses carry more weight than either party's [music] own account. A second lesson, statements volunteered without being asked are still fully admissible against the person who made them. A third lesson, resisting a lawful arrest almost always adds a separate, more serious charge on top of whatever prompted the arrest in the first place. None of these principles depend on who was right at the start of the encounter. So the real question is not who made the first accusation. It is which side understood the law well enough to know what would happen next. >> Nothing was going out of the coffee truck. >> Parked here for about 6 months. >> It stopped you because your the vehicle and your description um description of somebody involving the theft of something. Okay. And the suspect looks a whole heck of a lot like you. a coffee truck, a stolen generator, a city employee with a suspended license, and a confession that was never intended to be won. This case raises fundamental legal questions about investigative stops, Miranda writes, GPS surveillance, and the limits of self-help under property law. At what point did law enforcement have enough to act? And when did the suspect's own words become the strongest evidence against him? >> Right on my >> And you said that the truck the was the truck here parked yesterday? Yeah, because he's been um serving. They've been o open for the tournaments >> and nothing nothing was stolen out of the truck. >> No, but the truck wasn't attached to it. >> Okay. >> But nothing was >> But nothing was stolen out of the coffee truck. >> Been parked here for about 6 months. Happened between 5:40 yesterday and 11:00 a.m. today. >> 5:40 p.m. >> Yeah. >> And it's a Westinghouse. He's trying to find the serial number right now, but it's the only thing that's been stolen so far. Um >> What color was it? I got a call and everything. I'm going to try to print the plug >> cuz it's plastic and it was removed. So, we'll see. >> I figured this isn't this isn't your cup of tea, but it's mine. So, I got it. >> I mean, I'll write the report, but I mean, I was Yeah, this is I know you like doing this. >> Yeah, >> I dusted the plastic cord cuz it's Thank you. It's the only thing dustable. >> Okay. >> I don't think I got anything good. >> Yeah, cuz I was just tied it off, too, but I real I shouldn't have touched it. >> Well, it's okay. I mean, you're Listen, if your prints come back, you're supposed to be there, right? >> Yeah. >> So, no, I don't think I got anything, but it was worth a try. This was the actual handle to the plug, >> the plastic, you know, where the >> I mean, they probably had they could have wore gloves. >> They probably did. Well, people who do this kind of stuff are smart, >> correct? They It's not the first rodeo, I'm sure. >> Yeah. Um, anything else tampered with? Did they try to open anything? >> No, >> just the generator. Okay. >> Just the generator. Does Sarah have all the info for the generator? >> Yeah, I just sent it to her and I'm going to I'm digging for some more. I got to get it parked to the car show right now by White Street Pier. >> Okay. >> And then uh I'm going to dig through everything else and send it to her. Oh, look. Tesla. >> Let me go grab him. >> Thanks. >> No problem. Have a have a better day. >> They saw him there. >> No generator. >> So, it was already gone >> at 73. >> At 7:53. Okay. I noticed like a Haitian walking through the parking lot when I was like getting there, but he wasn't there when I left. But whenever I go back there, make coffee when he has to park there, I always notice Haitians walking. >> Yeah, that's that's a common thoroughfare there walking to and from. Um, did you notice >> the only thing I noticed when I was there? >> Did you notice by any chance if the generator was there when you were there so I can narrow down the time a little better? >> No. I told Sarah everything was off in there, but she knows it's always off anyways, but I didn't notice whether the generator was there or not. >> Okay. Darn it. Okay. All right. I appreciate it. Thank you. >> Of course. Thank you. >> All right. Bye. >> Bye. [snorts] >> 67. Come one. Copy a 1050. >> Uh it's going to be on a white transit van. Uh it's a city van. Let me know when you're ready for the tag. Hey man, how are you? >> Morning. >> Good morning. So, I stopped you because your the vehicle and your description um match the description of somebody that I was looking for. Do you have your ID on you? >> Yeah. >> Okay. All right. I'll be right back. Okay. >> Yeah. >> Thank you. >> I we spotted him and then I saw that it was a city truck and I was like but then I was looking at the picture of the guy that I had in the video and he's bald. >> Mhm. and community services parks over here. So, it would make sense to why he was here um especially at 7:20 in the morning yesterday, >> right? >> Um and he's got a suspended driver's license. >> But you said that um on the picture you can see that it's New York time, right? >> Not 100%. >> So, >> well, I'm going to take it >> and he's going to have to not work for the day in that vehicle at least. Is it a that's a city employee? So, we got a call. >> Yeah. >> Did you ask him about it yet? >> No. >> I ran it, saw that he was suspended, and then you pulled up. >> Yeah. Does it say why? >> Suspended indefinitely for failure to pay a traffic citation. >> Was he speeding or something? >> No, it's an investigative stop. There's an investigation that we're conducting. So, that's why he was stopped. Um, are you his supervisor? >> I'm his supervisor on the weekends. on the weekends. Okay. Did you know that he doesn't have a valid driver's license? >> No, we didn't know that. >> He was suspended in February indefinitely. >> Oh [ __ ] >> Yeah. So, we've got some issues here that we're going to work out. >> Okay. >> But that's that's one of the reasons why. Yeah. >> Do you need me to call my supervisor? >> I call supervisor. >> One thing at a time. All right. Um I'm calling my supervisor since he's a city employee. We'll go from there. >> Everything else seems to be very >> It's definitely the same model. >> Mhm. But what struck me as interesting when I pulled in, I'm like, "Oh, this is where community services is parking." >> Yeah. >> He's here at the same time >> as the theft occurred yesterday. >> This was a screenshot that was sent to me yesterday from um the principal at the high school because the cameras that were in here did not get a good shot of where the trailer was parked. We have the cameras from over here >> that she was able to look in at. And this is a screenshot. She's coming in today to meet with me so that I can see the video. >> Okay. Joseph, your license is suspended. You just told me that. >> Yeah. >> Failure to pay a traffic citation. It was suspended indefinitely in February. >> What traffic ticket though, ma'am? >> It doesn't tell me. No, it doesn't. >> I know I had problem with with with with um child support, but I I took care I took care of that payment. So, I I had a problem with the the the child support, but I took care of that. >> Okay. >> So, maybe I don't cuz my I thought this whole time I've been driving for them. I've been working for the city for over a year and I've had a license. >> Yeah. Well, February technically can't drive. >> No. >> So, just I I can't have you drive. So, my worker is going to have to park the car. You can't park it cuz you can't drive. >> Okay. Sure. >> All right. So, what I'll have you do is just step out of the car and then if you want to come if you want to hang out like over here >> while we finish doing what we got to do. Okay. All right. I appreciate it, sir. Thank you. I can't give this back to you cuz it's suspended. But I'm gonna give this to you because this is a citation. I wrote you for unknowingly operating a vehicle while your DL was suspended. >> So, we're gonna go. >> Thank you. >> He's got his citation. All right. >> Um, that's it pretty much it. You have to obviously move the truck. Okay. I wanted to call you over here because there was a different reason why I stopped. >> No, no, no. I already know. He told me. He just told me. It's about what you when I let y'all upstairs yesterday. I just told him the same thing. I said, "You know what? It's a lot of them bands is like our city." When I looked at When I looked at it, too, I said, "Damn, that's look like one of our damn things." >> Here's my question for you. Was he working yesterday? >> Yeah. >> Yeah. Okay. What time did he start? >> At 6:00 at 5 No, 5:30. >> 5:30. >> Yeah. Okay. >> So, he was here yesterday at that time. >> Yeah. >> Potentially cleaning the bathroom. >> Cleaning the bathroom. He was over here with us. Cuz that the uh if you try to find any information about our truck, the GPS, it tells you everything. >> Oh, you can go to >> Can you help me with that? cuz that's perfect. >> They got a map for all our trucks, bro. >> Okay. >> And how long they be there and everything? >> Okay. So, obviously you were briefed on the whole suspended driver's license. >> Okay. >> Were you briefed on the other reason why we're here? >> Okay. >> I have to see that video so that I can personally identify him in order to arrest him for that. >> But I was told that the trucks are GPS tracked. >> Yes. >> Could you pull that for me, >> Joseph? Let's have a chat. Okay. Remember I told you there was an original reason why I stopped you. >> Okay. >> So, in order for me to talk to you about that, I have to read you Miranda warnings. Okay. >> So, um we'll start we'll start from the beginning. You were working yesterday, right? >> Yes. >> Okay. Was it the overtime detail like today? Yes. >> Okay. What time did you clock in? >> Oh, I came in at 5:30 in the morning. >> Okay. And where did you go? >> To the baseball fields. >> Baseball fields. over here to the beaches yesterday or did you come? >> I think I did. Yes. >> Okay. And then where did you go after that? >> Well, usually the beaches are first at 7:00 and then I'm over here at 9:00. But since it's they ball fields were here, so I did 5:30 with these guys. Okay. >> Then I think I opened up the beaches at 7:00. >> Okay. >> And then probably came back over here. >> Okay. About what time were you over here? >> I don't know, 7:00. Maybe >> 7. Okay. >> A little after 7:00. I'm not sure. >> Do you know that the trucks are GPS tracked? >> Yeah, >> you do. Okay, so there was an incident over here that we have on camera, okay, involving the theft of something, okay, and the suspect looks a whole heck of a lot like you and was driving a transit van. Being that you are who you are and I know who your daughter is and I know who your son-in-law is, I want to give you the opportunity to save them the embarrassment and for you to tell me what happened yesterday with the generator. >> Ma'am, I He just told me today there was a generator. Somebody stole it. So that's the first I've heard of it. >> Okay. These GPS systems are tracked. And I have I have this on camera. >> I'm not have what on camera. >> Okay. The theft of the the the generator. >> Okay. So, What I'm trying to say is we can do this the easy way or the hard way. I already know the answers to these questions. Did you take the generator yesterday? >> No. >> You put yourself You literally put yourself here. I can GPS track you here in that vehicle right at the time frame where the theft occurred on camera where a bald male takes the generator and carries it and puts it into a white transit van. That's not me, man. I mean, if you got it on camera, you you saw the camera, >> right? But that's what I'm saying. Like, so what I'm trying to do is give you the opportunity to save your family the embarrassment of what's going to happen because I'm going to go get a warrant and that's what we'll have to do. But if if you want to come clean and tell me what it was that you did yesterday, then >> ma'am, I came here and I did my job. I mean, >> okay. >> So, when I identify you on that camera and I get the judge to sign that warrant, you're still going to deny it? >> Yeah. No, I haven't done anything. >> Okay, don't insult my intelligence, >> ma'am. I'm not trying to insult you at all. >> I'm not trying to >> All right. Playing with you. >> Well, we'll go about it the hard way then. Okay. The jail's full of innocent people, right? >> I didn't say I'm not in I'm not saying anything. >> And nobody lies to the police, right? >> All I'm trying to say is that if it wasn't you, it is one hell of a coincidence. All right. >> Nobody li Okay. >> All right. All right. You're good to go. >> Okay. All right. >> I don't have my phone on me now. >> Okay. >> My name is Austin Thorn Brew. I over at Key West, and I was told you have some information about a generator. >> Somebody called me this morning, which you all already know who it is. He found out it was my nephew's generator that he stole, >> and he wanted me to see if I could talk to my nephew about not pressing charges or whatever. You know, he told me that he didn't know it was Louis generator and he did take it. That's what I know. >> Okay. So, you never had eyes, you never had actual like visual of the uh generator. It's just word from mouth from him. >> I you know what? I did see it in his driveway cuz I'm working right down the street. I'm actually in Big Pine right now working at the funeral home in Big Pine. >> Okay. >> But, uh I did see a yes a generator yesterday. I don't know which one it was. There was a generator in the driveway yesterday. >> Okay. All right. I really appreciate your time, sir. >> I'll give a call this afternoon when I get off work. >> Okay. Sounds good. Thank you, sir. >> All right, buddy. >> Have a good night. >> You come on out, Joe. >> Hey, Joe. >> We are relaxed. We've been calling you out. >> I came out. >> Yeah. >> Come out just like that. >> Okay. All right, Joe. This time we have a warrant for your arrest for for burglary and grand theft. >> Okay. I'm sure you're pretty aware of what this is about, right? Okay. >> Yes. Yes, sir. Okay. So, few things I want to talk to you about. Since you are in custody, you're not free to leave. I do have something that I do have to read to you. >> Okay. With that in mind, you wish to speak to me. I'm sorry. >> No. >> Okay. I'm going to make a broad statement and it's going to be very simple. If you would like to give up the location of the generator, that's cool. That would probably be very beneficial for you because if not, we have a search warrant for the house. We'll call SWAT and >> you don't have to go. Somebody else took the the uh >> Okay. So, right now I'm making an understanding that you're making a statement >> from my statement that you would like to like to discuss that. Is that correct? >> Uh, yeah. I don't want you breaking up with my dog. I had the guy that took it. >> Yes. But I don't have his I don't know his name or where his house and all that. >> Okay. So, how'd you get a hold of this person? >> My phone. >> Your phone? >> Yeah. >> Where is your phone? >> Inside. >> Okay. Well, I'm not going inside your house. >> Hey, Rainy. Can my roommate do it? >> I'm fine with that. >> My phone is on his brother. He's telling me to ask him something to put on ear talking. Your voice. >> Okay. So Tony owns the generator. Okay. He sells weed. He never gave me my weed. So he told me I could take the generator till he g squared up with me. That's how that went down. So he set me up. He said it looks like I stole the thing. So Tony Yeah, that's what he did. So he he works for the aqueduct. His girl his wife works for you guys. She's a dispatcher. >> Okay. >> So that's how it went down. But nobody knows that part of it. So that's the absolute truth. So that's how that went. >> So here's the thing is as of right now I'm listening to you but I don't believe anybody and I don't trust anyone unless I see it hear it with my own eyes. >> Did you call that guy? >> We're working on that. So I'm just saying if it is not recovered by yard man there is going to be a search warrant for that house. We haven't decided yet. They're giving him the opportunity to cough up the generator. >> He's not going to. >> And he's not going to. He sold to some dude yard man. So he needs to uh they need to come out with this warm reset. >> Terry v. Ohio 392 US 1 1,00 968 establishes the reasonable articulable suspicion standard. Four elements converged here. Matching physical [music] description identical vehicle type confirmed presence within the theft window and verifiable GPS fleet data. Each element in isolation may be insufficient. Their convergence produces a suspicion level that withstands fourth amendment scrutiny. The Fourth Amendment requires suspicion grounded in facts specific to the individual, not group [music] characteristics. Race standing alone cannot justify a stop or detention under any federal [music] circuit. An officer who acts primarily on racial observation. Absent additional articulable facts risks a constitutional violation and suppression of all downstream evidence. United States vets v Jones jones 565 US 400 2012 dressed GPS tracking in law enforcement employees operating government vehicles retain a substantially diminished expectation of privacy as to vehicle location. Fleet management systems produce timestamped location data continuously in property crime investigations. This data converts circumstantial inference into documentary proof. Miranda v. Arizona 384 US 436 1,966 requires rights advisement before custodial interrogation. Burkma v Marti 468 US420 1,984 [music] clarifies that a routine traffic stop does not automatically constitute custody. Administering Miranda [music] proactively during ambiguous custody encounters is best practice. Officers who omit this step and later argue custody status risk losing the statement entirely upon clear invocation of the right to silence. Interrogation must cease immediately. Bergwis vmpkins [music] 560 US 370 200 established that voluntary statements made after invocation without further officer questioning remain admissible. Courts draw a critical line between interrogation and disclosure of investigative facts. An officer who presents evidence without posing questions occupies legally distinct territory. Whether a disclosure crosses into functional interrogation is determined under the totality of circumstances. Florida statute section 810u defines burglary as entering a structure or conveyance with intent to commit an offense therein. The threshold question, does removing an externally mounted generator constitute entry under the statute if no enclosed space was breached? >> [music] >> Defense Council will argue grand theft under section 812.14 rather than burglary. Both are thirdderee felonies, but burglary carries additional enhancement exposure under Florida sentencing guidelines. Florida statute section 812.14 requires intent to deprive the lawful owner. Florida law does not recognize self-help repossession of third party property as a defense to [music] theft. Mistaken belief of entitlement does not negate criminal intent where the property belongs to an uninvolved third party. Under Florida statute section 983 subsection 18. Statements by a party opponent are non-H hearsay and admissible as substantive evidence. The suspect confirmed the act while disputing the motive. The explanation became the confession. Three lessons for practitioners. GPS records must be requested immediately in any investigation involving government or commercial fleet vehicles. Miranda administered proactively in ambiguous custody encounters protects [music] admissibility better than post hawk custody arguments before a judge. A suspect who invokes the right to silence and then speaks voluntarily hands investigators what silence would have denied them. But several questions remain unresolved. Did the officer's post invocation disclosure of evidence constitute functional interrogation under Burges v. Tomkins. Does removing an externally attached generator meet the entry threshold for burglary under Florida statute section 8102? And if the suspect's account of a third party directing the taking is accurate. Does that party bear independent criminal liability under Florida accomplice law? These questions turn on evidence not yet tested in court and arguments not yet made before a judge. The case is not over. These knees are going to go to your chest. All right. So we can get you up. There you go. >> A $500 tab. A [music] dewy warning ignored. A felony arrest. Two charges later dropped. The law provided the framework for everything that followed. But did the outcome reflect what the law actually required? Police were dispatched to a restaurant in reference to a patron refusing to pay their bill. Yeah, >> there's there'll be a room for the manager >> right now. >> Yeah, they're at the bar. One is at the bar, one is sitting over there. >> You going to take me to them? >> Yeah. >> Did they complain about the real pay for the car apparently? I don't know. I'll let >> Hi. Um, thank you. So, long story short, uh, they by my bill or so. Um, apparently they can't pay the bill. I don't know if his card got locked. It's like, you know, fraud protection. >> Um, somebody is coming. They just called the restaurant. Somebody is coming. >> But the reason is because she was getting very disrespectful and we didn't know which way it was. >> And I'll be around 66. >> You want to No, if you can take me down, he'll kind of >> calm down for a bit. She hasn't said anything since cuz I was in the office and then she >> go. You guys good? >> I am good. I'm going to take care of it, but you got to know. >> We're going to hang out. Both of you are going to hang out until the bill is paid. Okay. >> I'm going to stay till the Robert, take your card and go. >> Well, both of you are going to hang out until the bill. >> I'm going to stay. >> Both of you are. Okay. >> It's a $500 bill. You walk out on that. >> You don't want to get arrested for not paying attent. Okay. >> I tried to help. >> This turned out fun. >> What? This turned out more often. [laughter] >> Okay. >> Do you know how far away they are? You said someone's coming to pay for me. >> What do you mean? >> What do you mean for you? >> I mean, for the whole thing. For me? Yes. I >> Is this like a first date? You guys been together for a while? I don't Why are you looking at me like I'm crazy? I'm just asking you a question. >> Me? >> Yeah. [laughter] >> Whatever. >> So, how long it took somebody to get here? >> For me? >> To pay the bill. >> Okay. >> Neither are leaving until the bill is paid. >> Please go. I will pay the tag. You have to go. I'm paying the tag. >> Okay. >> Wait for the tag. You should go. >> Okay. Both of you ded in. We're going to wait for the tag to paid and then he can leave. >> Just go. Just go. Please go. Just go. Okay, ma'am. I told you two or three times he's not leaving till the entire bill is paid. I mean, okay, then he can make all the way. >> He can hang out where he's at. There's not a problem. >> If you don't like him being mean, >> who's being mean? >> I'm saying me. I'm not being mean. >> Nobody said you were being mean. >> Okay. >> Where'd that even come from? >> I don't know. >> How about we stop arguing back and forth and we just figure out a form of payment solution? one card and then >> pull out all 10 cards. Let's play Yatsi. See which one works. Okay. >> I think you could pay the whole tab and then she'll play the whole time again. >> Well, the moment this tab is paid, you guys are out of the restaurant. And then I don't know who's paying valet, but we have to pay that as well. >> I think you don't ever want him to come back. >> No, I don't get Stay on the phone. >> We have two babies and so figure it out because he's not going to see. >> I figured it out. >> Okay, how about we stop arguing back and forth? >> Are you guys like really together? Been in it for a while like >> I'm not an ex. I don't even I have no idea. Make sure you go. >> So, so let's listen to me. Okay. Let's listen to me. You still have $20 to pay for the valet. >> When my son gets here, make sure >> And is it your car? Her car's office. >> Stop talking back and forth. This is where I start to get louder cuz you don't want to listen. Whose car is it? Do you know how to act in front of the car? >> No, it's you, too. It's not just him. Whose car is this? >> Whose car is in the valet? >> My car is like not in my car. >> Your car is a valet. And the >> Okay, it's $20. The tab's already paid. >> I paid the tab. >> Listen, they are closing. They are closing. >> I'm going to tell you to hang up the phone. Okay, go. Sir, if the tab is paid, I'll pay the card. >> Hello. Me. Like, this isn't just a costume. It's not Halloween. Listen to me. You pay the tab. Leave. >> You pay too. >> It does not matter. You don't want to listen. >> Babe, get out. >> Give it to me now. >> Leave. >> Can you tell? >> You have to press charges. >> Just leave. >> What if she had a >> nothing? You go buy a babe at the dollar store. Exactly. Go. Come on. Out. Come on. >> Go. >> The fact that I'm here is embarrassing. >> Just embarrassment. You got to go >> right now. You are both pretty here. Can you please go? >> You are both just passed from the restaurant. You need to leave and you cannot ever come back. >> Once you leave, I want you to just >> You have to pay the valet before you can. I mean, I want to pay the >> I want to play the first lady. >> Nobody said nobody. >> So, do me a favor. Get up. Pay the valet so they can get in here. >> She's not coming in. The restaurant's closed. >> She's It does not matter. Please get up. >> She's paying the $20 to pay the valet. >> She has. >> Okay. So then please, you do you have $20? Do not come back in. No harm. Out. I'll talk to you outside. Outside. >> If you come back in, you're going to jail. Try me. >> If you come back in, you're going to jail. You >> want me to wait outside? >> Wait. We need her here. >> Let's go. Wait outside. Get your bag. >> No. No. It's okay. It's okay. It's okay. It's okay. Did you guys >> It's okay. It's okay. We're all waiting for So, she has to pay the val. You have to pay the valet on your phone. >> I do like now. >> Oh, no. I can't. I have to $20. I All my cards. >> Why do you need to wait? Why do you need to be on the phone? Oh, >> all my cards are blocked. >> How? How? How does that >> She's coming here to pay this. So, I can wait here. I can wait outside. I can wait however you guys want. >> It's going to turn into It's whatever you guys want. >> Do you want to talk to him? >> Sure. >> Why are you talking? >> Bye. >> Is he calling you, >> bro? Go home. >> Yes. Go home. What are you doing? >> Go home. >> I just don't want her She doesn't want to be around to like get in a problem with you guys. No, you are getting into a problem with us. Leave off the property. You were told once, twice, he told you. Get off the property. >> Off the property. Have a good one. >> How do you cut somebody and you don't even have $20 to pay? >> I know. >> Huh? >> Yes. Everyone is >> and how long until you're here? So, how long until you're actually here? >> So, how long until 15 minutes? >> Can she Venmo you money? >> She has babies in the car. Can you sell her? >> You can pull over to the side of the road. >> I'm trying to do the best. >> I'm telling you another way to try it. eventually as well cuz I guess trans don't be don't get hit by the door. >> We told him to leave. We're [ __ ] to leave. >> Please have her pull over to the side of the road. Either Venmo or sell you money so we can leave. >> This is ridiculous. >> It is ridiculous. You don't have $20. >> I didn't bring my wallet. I didn't bring anything. >> You have Apple Pay. >> No, >> she's coming to pay. >> You're about to pull the fire alarm, too. Be careful. >> She's coming to pay everything. And it's okay. >> The tab is paid. >> What? He sat right next to you and paid it. >> I don't care. Tell me that. >> Okay. >> This is ridiculous. I am I'm sitting here. It's okay. >> So, you paid it? >> Yeah. >> No, tell him you didn't pay it. >> That's something for you to pop up at a later time. >> She's still in high school. >> We're waiting for you to pay the valid. >> Okay, good. Great. I want to go home. It's amazing. >> Me, too. >> Yeah. So, why we keep calling this lady? >> The lady? >> Yeah. Yeah. Who are we in for? >> Just have her sell you the money. >> If you don't have money, >> I just have to pay the val. >> Okay. >> Have her sell you $220. >> Okay. Stay on the phone until you get here. >> No, they're not being that nice to pay everything. And they're like, "Oh, you should have the money to pay for the lady because you're so >> This is a high-end restaurant." Yeah. >> You guys had a $500 tab. You came with no wallet. >> I wish I would have known who I came here with. It's your ex, so you didn't know who you came with. >> Oh, girl. Girl, relax. Relax. Relax. >> Either you paid the $20. >> I'm actually not blonde. It just died. >> I know. >> You should be able to see that though. My roots are pretty bad. >> My roots are just as yours. >> Yeah. >> Like relax. >> No, I'm not going to relax. >> I'm going to pay. >> I'm going to go. >> Then pay. >> I know. And I have somebody coming to pay and so I can go. >> Okay. You're not. >> And I said that 5 minutes. 15 minutes. >> She just called. She's 15 minutes away. >> 15 minutes away. >> Is 15 a lot? >> Yeah. >> I mean, it's not a lot. I don't know. >> It's doable. It's better than an hour. I'll be honest. It's better than an hour. >> Do you have somebody or No, it sounds like you're alone. >> No, actually such a [ __ ] [ __ ] because I'm trying to get here and everything and you have no idea what the [ __ ] I am. Shut the [ __ ] up. Just shut up. Just shut the [ __ ] up. >> Tell your home girl that she's a [ __ ] [ __ ] You can tell. >> I've been here trying to pay my tab and I didn't even know my tab was paid and I want to pay it. >> So, who the [ __ ] is a [ __ ] Who's a [ __ ] I had no idea my tap was paid and I'm still trying to pay it. So, she's a [ __ ] [ __ ] >> Yeah. All right. Get the [ __ ] [ __ ] straight. She's a [ __ ] [ __ ] I get it. We're My brother's a [ __ ] been a cop for 40 years. >> Congratulations. >> 40 years. >> I know. Amazing. Let's relax. >> Off camera, her sister eventually came to pick her up. Officers verbally notified the defendant not to get into her own car because she was too intoxicated to drive. They then noticed the defendant jump out of her sister's vehicle and ran to her own. >> I'm ripping around the car at this point. Wait, wait, wait. My son. >> Oh my god. Oh my god. Oh my god. >> Oh my god. Oh my god. >> I gave it away with my hand in the door. >> I gave it to you. >> I gave it behind your back. >> I put my hand. Call the cops. Call >> the cops. Now you're going to jail. You >> could have left your car and got a ride home. >> I didn't know I was in my car. >> We told you that. >> I had dropped their chops. >> You dropped their >> I had my keys. >> Ariana, please take a video. >> My keys. >> You want to get up? Can I hold your keys down? >> Oh. Oh. Please put my skirt down. >> I did. Are you ready to get up? >> I don't know. >> I'm going to roll you to your right. Bend your legs in this way. >> Like this. >> It's all the way open. Roll it the other way. >> Which way? >> Actually, where's the key? >> Roll on you to the right. >> Bend your knees in. >> No, I turned it off. I for Give us a second. >> Bend your knees in. >> I turn it off cuz I don't want to [ __ ] drive off you guys. >> Okay. You let me know when you want to cooperate. >> I am cooperating. Okay. >> These knees are going to go to your chest. All right. So, we can get you up. There you go. There you go. >> And then roll over. >> Roll over your knees on three. One, two, three. Ready? There you go. >> And let's stand up. One, two, three. >> I'll help you up. You want to help? Her glass is behind you. Don't step on it. >> Come on. Stand up. >> Use your legs. Oh, there you go. >> Do you have an ID on your purse? >> Yes. >> Where'd you put your purse on? >> Inside. On the right. Inside or the other car? >> In this car. On the right. You want >> You guys know this is wrong, but that's okay. I forgive you and I pray God. >> Why would you try? >> I didn't know. >> She told you not to drive, but I didn't even [ __ ] as I didn't hear you. She grabbed the door and you ran and you just kept driving while she was on. >> I didn't I just >> How did I have the keys? How did I have the keys? >> How'd you have the keys? >> How? They gave me the keys because it's your car, not because you're supposed to drive. You've been drinking. >> What the [ __ ] Scott? Are you [ __ ] kidding me? Are you [ __ ] kidding? It's okay. Do whatever you have to do. Just don't do it in front of my kid. >> The kid. >> And it's okay. My kid is in the [ __ ] car. It's okay. Okay. It's okay. Go. It's okay. It's okay. Go. Go. Please take care of Rain. It's okay. It's okay. It's okay. Don't let him see any of this. Just go. >> You want You want me to talk to him? >> You don't give a [ __ ] about me. >> That's not true. >> That's not [ __ ] true. Don't [ __ ] talk to my son because this is why the [ __ ] you did this and it's okay. I I didn't do this. You don't do this. We told you not to get in. We told you. >> No, you didn't. >> How fast? How fast? >> You don't get in the car. >> Don't do that. Don't do that. >> Then you turn the car on. >> Don't do that on camera. >> Don't. No. Okay. Play it. >> Well, I can't play right now, but it's recording. >> Play it. Because I would have never gotten in the car and sped off unless I [ __ ] felt like it was okay. So, do whatever you feel like you need to do. And my lawyer will also do what he feels like he needs to do. And I will also make sure that all of you just have to do what you needed to do. And it's okay. >> It's okay. >> What do you want me to put in your glasses? You want your head? >> Um like I don't know. My face. >> Yes. On my eyes, please. >> Try to >> Don't be a [ __ ] [ __ ] >> [ __ ] Julio. >> I'm trying to help you [ __ ] ass. >> You know exactly what the [ __ ] this is. Don't act like you don't know. You know exactly what the [ __ ] this is. You know what the [ __ ] this is and you know that this is wrong. What do you mean what >> the you do? Do you mean what? >> Girl. >> Girl, we tried to tell you not to. Why'd you get out the car? >> Why the [ __ ] is this [ __ ] paid? Why am I here? Why am I even here? Why am I even here? >> Why the car? >> Yes. Do what you have to do. It's okay. >> Yeah, it's okay. Do whatever you have to do. It's okay. As long as my kid is not here. >> Oh, okay. >> This is you. >> That is me. >> Yes, ma'am. >> You know that she's doing this only. >> I'm going to fix your cuz I >> You know that she's only doing this for herself. >> Sorry. Make me laugh. All right. Let me Let me get this. >> I hope you never have daughters. >> I That's That's not nice. I I would love to have a daughter >> because you don't care. >> I'm not sure. >> That's okay. >> All right. I'm going to move your hair. Okay. There you go. Now we can see. >> All right. Ready? >> Good. >> That's so messed up. >> All right. We're going to be going down to the jail tonight. And um future reference, you're never allowed to come back here and then your vehicle's going to be getting towed. Okay. Yes, ma'am. You >> want me to get 14? The manager. >> I'll grab it. >> Got it. >> On the way. >> Yeah. >> Walk you to the car. Okay. >> Okay. What's your name? Where's there? >> Jenny. >> Jenny. Your name? That's actually your name. All right. Come on. >> Which way? >> Follow me. >> I'll walk you though. I'll make sure you get there safely. >> Why? Can you please take Rain away? >> That's fine. He doesn't see it. >> Do you want Do you want to take your phone to jail or No. >> Uh, whatever. It's I've never been to jail. >> Can you just wait for R my son to go away? >> I Yeah, I'll give you that. >> Thank you. >> I'll just I'll wait. Okay. >> My car's unlocked. >> All right. Ready? We go. Uh rain. He drove away. He drove away. Which way do I go? Right here to the right is going to be this uh this SUV right here. You know you're wrong. You know you're wrong. I didn't do anything. >> I know you're wrong. But you did. You know you're wrong. And you could have been [ __ ] your home girl and you know you're wrong. >> All right. You have any pockets or anything? >> I hope God forgives you. Don't touch me. >> Okay. You have any pockets? >> Seriously? >> I don't know. >> Yes. There's a Swiss knife in my [ __ ] pocket. Who would know? I'm a check. I'm a check. >> Get the [ __ ] out of here, bro. Stop [ __ ] touching me. >> I've been nice to you. All right. >> No, you haven't. No, you haven't. >> All right. Still go back there. Hello. >> Hello. >> Are you awake? Yes, ma'am. >> Yeah. Okay. May I know why I'm being arrested? >> Um, bat Leo resisting with and resisting without.