what's going on hey not much we're just grabbing our kids and we're gonna be leaving unfortunately the hotel is affected in the whole room okay what you mean everybody's gotta leave from the room you will go to jail no I won't no I won't cause I have a I have a right every night across America someone is arrested not for what they did but for how they sounded not for a threat not for violence just for a tone of voice the Constitution has something very specific to say about that what it says may not be what you expect I don't know who the hell you're talking to no no what's going on what's going on no you're not and I told you I would leave okay they're telling me to get out not by you I don't know who you're talking to now this part is all you hey what's going on hey not much just been grabbing kids are gonna be leaving huh did you rent the room yeah okay unfortunately the hotel is evicted the whole room okay what you mean everybody's gotta leave from the room what do we have to what do I have to leave for they said that there was some kind of incident between parties in the room so and there's too many people in the room and how is it too many people we went outside for a second to okay yeah I guess when they came up here there was 15 some people in the room what a disaster why do you think it's okay to have a kid's birthday party with that many kids there's only supposed to be whatever like well can I get my money back because since I got here that we can't but we can't handle that it been nothing but inconvenience for me and I still decided to stay here I get so I don't understand what's going on you'd have to talk to the corporate about that I can't make that decision we're just the police so they've asked us to get everybody out of the room and so is it cause my friend is transgender I have OK I have no idea and you laughing what's so funny I don't know what's so funny what's so funny what's so funny what's so funny OK we can't leave but what's so funny though it's funny that you hey what's wrong with you don't no get people arrested right now no ain't there's no reason to get we have great things I'm gonna leave talking so the hotel wants to evict everybody no because of some argument or some fight that happened before we got here OK OK well for some reason she started yelling nothing but convenience and I'm listen if you raise your voice to me you will go to jail no I won't no I won't cause I have a I have a right OK I have a right you're right I do you know that's right now I'm trying to say I'm trying to say yeah I know I understand so basically everybody's gotta get a victim it has nothing to do with us that's the whole thing that that's all she's complaining about now how would they go about I'll get her money right yeah so she's gotta call corporate office that has that that has nothing to do with the police department you get the number for us yeah I'll get you uh I think they got like a manager card included because when they tell us about the food when I just asked them about the food they got mad like what the uh well I'll get it for you on the way out if you stay with me towards the end and I'll hang it to you directly yeah yeah yeah OK yeah yeah I mean she's just getting to the point that people are gonna have to go to jail we I don't wanna do that I just want everybody going to jail right I would appreciate that they didn't even care for a cool party man they didn't have no point they should have told her that's what we're doing that's why I am yeah yeah so that's why it's like so irritating because no I understand I totally understand yeah so the problem is that um whatever argument or fight or something that happened before we even got here that's why yeah no I appreciate it yep go ahead and have it so now she's worried that she said is that a policy or something if they get kicked out they don't get no money back or something I don't know anything about that you said yeah there's a corporate number huh it's a hotel policy yeah hotel policy they don't have to be found but at the same time then she can go she can go peacefully yeah she could call the corporate office yeah and see that's what I'm trying to say I think they do it like a like a case by case right thing like not it's not like just like that no matter what this is what happens yeah yeah so I would say when she calms down whoever run in the room calms down call that corporate number tell them what happened and see if they'll work right right no problem right hey this is your last warning you will go to jail tonight that is it you are done she just right now front desk I wanna trust that she just threatened our front desk OK she said she won't come back and she won't fight so I want her arrested I really want her you didn't even do nothing move I didn't do nothing move I didn't do nothing you didn't do anything no I didn't start it ma'am that's it you're done hey come here move I didn't do nothing move she didn't move I didn't do nothing no I didn't touch nobody she didn't touch you you bitch guys guys back up back up back up back up back up back up I can't give you all my purse can you get off my arm I'm walking can you get off my arm walk can you get off my arm I'm walking we okay we gotta hold you alright we're right here I gotta I gotta OK we're gonna get your purse it doesn't matter I can't I can't you need to go you don't know your rights cause obviously you're not listening I can ask her what is she can go go that's in my right that's in my right why is she being detained you guys have to leave go why is she being detained you guys have to leave why is she being detained OK nothing cause I'm talking literally and they've been with us since we got in here they've been I'm taking you out of here you have to leave what did I do to the front desk literally no you have to get out of here literally y'all was thirsty I know y'all was thirsty yeah I'm gonna go ahead and uh take her purse go ahead I can't cause he already handcuffed me it's around my shoulder I'm gonna take them off your shoulder OK can you give me a light I can't see you I can't see you I can't see you OK if you you can call me out and talk you can talk to me I cannot talk to you because yes it's my turn now you hurt my arm come on I'm trying to shut down I'm not doing nothing I don't have nothing look can you touch me I'm not touching you what are you doing put your hand behind your back put your arms behind your back he's on my lawn and I'm not even doing nothing I'm sitting here I'm not touching anything you're saying you're saying you're gonna go in the the car for now just shut the for a minute damn shut up real quick okay I'm asking you one for a minute damn okay you wanna make it for a second no four seconds no you're not gonna make it shut up I'm gonna get all your bags before I go I know Kelly it's okay baby it's okay Kelly's right here Kelly Kelly Kelly Kelly oh my gosh you need to go walk away or you're getting arrested too go I can record you can record you're trespassing no are you denying me her bed walk away are you denying me her bed you see our bed right here everybody are you denying me my badge I'm sorry everybody can I get her badge please no no I'm not that's illegal you have to leave that's in my right no it is not go yes you are you are very close to going to jail for trespassing this is a record over there just in a safe zone I know but they're just crowding you know but can I get the badge number sir I gave it to you everybody's badge number you have everybody yes yes you can stop talking to me just see you can record it's fine but I'm trying to get everybody smashed you have them all you're dealing with the situation go walk over there I don't have to go over there you stay away I'm gonna wait I told you to go over there I'm right here I don't want you to come out of there I'm stepping here I'm coming out of there it doesn't matter she spent her life to come out of there OK I don't you can't let me can I talk to you you can't you're gonna go in there for what I didn't do just shut up for a minute damn shut up real quick OK I'm just be quiet for a minute damn just OK you want four seconds four seconds no four seconds no you're not making sense what the fuck are you talking about everybody else needs to go everybody else needs to go that's it we're done back up we're done we're done there was multiple warnings go ahead go make a start whatever it is start it go she can't even you're her kid party you're talking about she threatened somebody ain't nobody over there scared I don't have this shit don't make no fucking sense I'm not even scared down everything I don't have this hotel needs to be shut down I don't have nothing and do what it's my son I don't give where's mom where's her mom is her mom here her relative here she's the mother it's her son's birthday I can't get you guys look look everybody not a ride you just made it worse you just made it worse I don't have here you can take it off ma'am you can take it off I don't need to take it off it's nothing but a personal OK here I don't have nothing on me look I still gotta search you out I'm not saying you do I can be down everything I don't have nothing on me I we don't have anything yet I don't have anything I'm 27 it's my son's ninth birthday OK have a seat it's my son's ninth birthday I'm not on none of that can I please you have a seat it pisses me off okay since we got here they've been nitpicking with us I swear to God okay I'm telling you okay since we got here they've been nitpicking with us okay I left it alone so we come back downstairs they nitpicking again okay the only one I don't know her name but it's the African American lady she's the only one that being genuine and nice to us the other lady she been storing with us since we got here okay I asked him I said is it cause my friend is trans lower your voice a little bit I'm sorry I'm listening okay I'm listening so I asked her I say is it cause my friend is trans I asked her that cause what is going on we came here literally so I can relax cause my son my son goes well I don't know that's not my kid I don't know where they went but the one screaming that's my youngest OK and it's my it's my son's 9th birthday OK and then I don't know where she at she got on pajamas like with cupcakes is blue and she got cupcakes all over her pajamas or whatever OK so we was trying to relax okay I'm not gonna lie I did invite people but they were leaving we wasn't we that wasn't the plan nobody was spending the night but me and my kids okay they just so happen to come up here to just relax it's my son's night birthday his birthday is really tomorrow but you know on Sundays most people don't you know celebrate on Sundays so we got school for a little Monday right so that's all he talking about some you just threaten the front desk I promise you I said the only thing I said was you don't like your own kind you can ask the man you can ask everybody I say you don't like your own kind do you know that you're one of us okay how is that great in the front desk I don't know about the threats right now but I do know that since we've been here you've been disorderly and we tried to give you a warning look I understand that I understand that I understand that look I understand that I did I did listen no can you see it from my point of view please I did but listen to me no listen to me for a second you gotta think about this we are African Americans in America every day can you listen to me for a second we got called here because there were there was a fight in the bathroom but when then when we got here they said I was walking up correct they said there was a party in that room and they wanted it evicted they can evict it for any reason at all they can evict it I understand that but listen what I want to let you know ma'am I honestly do not know about no fight I swear to God and I believe you I believe you listen and can I let you know also I never knew the pool was closed so I said OK so they won't be loud and disrupting everybody we did bring them out and you can watch that on the camera we out here dancing and playing with the kids so it would not be a disrespect when I came up here they're like somebody about to call the police on you I said for what they said I guess they was fighting I promise to God I don't know I totally believe you that you don't know anything about the fighting but it doesn't and I apologize again if I'm too loud this is how I talk it doesn't change the fact that you were having a get together in that room and it's against their policy and they wanted you evicted and then when we were evicting you okay can I show you my transaction I came back here in February nobody never said nothing about it was against the policy about balloons I don't know about February it was it was more people in February cause we had a guy I'm not gonna lie we had a galaxy but we got we got cold but I did not know and I who at the last minute this is everybody I've been had gave them the address to the you're gonna have to call the corporate office and tell them about the people in there the employees that were bothering you this is why I'm so upset but I can tell you ma'am I know you I don't know you probably don't believe me but I never threaten nobody OK I'm I ain't gonna lie I was talking last night cause I said something famous speech everybody got an option to you know speak how they feel okay I'm not trying I never said I never threatened no front desk okay so for him to come up to me already like you just threatened we're gonna figure it out I'm leaving I'm leaving we're gonna figure it out I literally told everybody come on let's go we have to get all our stuff you are still disorderly and you were how was I disorderly because you can't did you not see what they was doing to us in there we were following you out of the lobby we saw it no no no no when we first got down there y'all was not down there they've been laughing at us and I'm I promise you man I will not lie OK they've been laughing to kick it and picking with us since we got her I swear to God on my mother I would not lie to you and I and I'm hearing you I totally understand that but it doesn't change your actions so why do they get to laugh and nitpick and go on and they they're supposed to be professionals OK they weren't acting disorderly I understand it's unprofessional but you have to leave and they're allowed to take OK and I was leaving and I didn't stay over my time I clean I got all my stuff so I wouldn't have no reason to come back here and be disrespectful and I understand I got all my stuff and everything I'm leaving I'm leaving I know but the the other I didn't even get to tell my son I didn't even get we didn't even get to sing Happy Birthday to my son and I keep telling him that I apologize son well I did not mean for this to happen I'd like to go get you booked in and let you go so we can get you back to your son but standing here and talking about it why are y'all trying to book me in the first place and it's because you're probably getting you're getting charged with disorderly at the minimum what is disorderly cause I was loud yeah yeah I'm always because you're getting you're getting trouble with this orderly at the minimum what is this orderly cause I was loud yeah man I'm always loud anybody that thinks this is my voice I'm always I'm just a naturally loud person I'm just loud I'm naturally loud well what are you saying to them when I came here you were arguing and you were being disrespectful and you were allowed all so why y'all get the dip so why y'all get the dip I mean I'm not even trying to argue with you right now I'm just trying to get an understanding we haven't been trying why is it over no I'm saying me cause I know you said can you promise it's what you were yelling while you were doing it so how do I possibly get out of this situation we have my son's birthday is what time is it do you mind telling me what time it's a little after 9 we have to go get his birthday is less than three hours okay his birthday is August 24th I cannot miss I have never I have his birthday here I have never missed a birthday in the day of my life I don't get in trouble ma'am this is not me I don't get in trouble I didn't say it was you I'm just I'm telling you please look my baby is crying because she want me this is done like you're I cannot change what happened how you how you can't change he he really ran up on me and said oh you threaten I did not threaten no friends yes so why why you have to get you have to sit in the car OK get your shit in this car can you help me or something yep please put your stuff up there okay got it yep we have to put your foot up right there so it's secure and we'll let you know what's going on I don't I don't know the full facts yet can y'all OK can y'all get that cause I do not want to move the wrong way please I'm not trying to move the wrong way I can't if you're not I'm not I promise I'm being so serious can y'all loosen it just a little bit it's it's honestly it's tight as hell I can't even move right now step step back out and I'm gonna I'm gonna undo one OK just give her a hug I don't mama it's I mean she's in pain no I understand that but it's gonna work she's gonna keep going she's gonna keep going she's gonna keep going it would be better if you just go because it's gonna cause a problem the longer you stay all my kids is all I know this is not for me I don't have my parents all I have you're gonna put her away hurry up OK the quicker we get there the quicker you'll be done okay please follow me to be sure my son is calling on his birthday this is crazy OK hang on I'm gonna check my name I don't have a red one hang on I'm gonna listen this other one OK can you can you guys just go you're it's causing more of a problem I'm not trying to I'm not doing it I so here's what here's the best way if you wanna step on that OK alright you good can you please I'm not doing nothing I promise to God I'm not doing nothing and I'm gonna set your shoes in right with you OK I'm about to run I don't even run I didn't say you were there's this I'm gonna grab the seatbelt around you OK we're do you need numbers yes OK can I please just get my hug my kids a hug please I cannot I'm sorry please please please please ma'am please I'm gonna can I can I stay right here not to say see you please no please please ma'am they're gonna see you soon the sooner we get you back the sooner we get you back it's his birthday please I know we're gonna get you out for his birthday please please please police told the woman she was forbidden from returning and she was this analysis does not evaluate what should have happened it evaluates what the law required those two things are not always the same and that gap is exactly where constitutional violations are born The First Amendment does not protect only polite speech it protects challenging multi offensive and emotionally charged speech directed at law enforcement as well The Supreme Court drew this line precisely in city of Houston v hill 482 US 451 decided in 1987 holding that officers must tolerate verbal criticism and challenge directed at them in the performance of their duties that is not a courtesy it is a constitutional flaw the only recognized exception is the fighting words doctrine established in Chaplinsky v New Hampshire 315 US 568 1,942 fighting words are those that by their utterance alone tend to provoke an immediate breach of the peace courts have consistently and substantially narrowed this doctrine since Chaplinsky frustration volume and profanity directed at officers do not meet the threshold as a matter of established law Cohen v California 403 US 15 1,971 confirmed that offensive expression in a public setting retains constitutional Protection Lewis v city of New Orleans 415 US 131,974 extended this directly to language directed at police officers the combined weight of these decisions leaves no constitutional room for criminalizing speech based on tone or volume alone an arrest is a Fourth Amendment seizure it requires probable cause probable cause under United States v Sokolow 490 US11THOUSAND989 demands specific articulable facts establishing each element of the charged offense describing someone as loud or agitated does not supply those facts a lawful arrest requires specific conduct meeting each statutory element not a general impression this orderly conduct statutes across jurisdictions target conduct not expression they require fighting behavior threatening actions or the intentional creation of public alarm under papa Christou v city of Jacksonville 405 US 156 1,972 statutes that sweep protected speech into criminal liability risk in validation for vagueness elevated volume absent physically threatening conduct does not satisfy these statutory elements in most jurisdictions a menacing charge requires conduct placing a reasonable person in genuine fear of imminent physical injury a disputed verbal remark denied by the subject and containing no specific statement of intended harm does not satisfy that objective threshold the legal standard for menacing demands more than an accusation and more than a heated exchange Graham v Conner 490 US 386 1,989 established that force must be objectively reasonable given the severity of the alleged crime the immediate threat the subject presents and the degree of active resistance physically compliant subject who is verbally expressive but not physically aggressive presents a low threat profile under this framework that analysis applies to both the decision to arrest and the manner of arrest the 14th amendment prohibits officers from acting as instruments of discriminatory enforcement even at a private business request under Arlington Heights v Metropolitan Housing Corp 429 US 252 1,977 where discriminatory purpose is a motivating factor in a state action equal Protection is implicated regardless of which party initiated the contact with law enforcement the right to record police performing their public duties is a clearly established First Amendment right Glick V.conniff 655 F point three D 78 1st Circuit 2011 and ACL UV Alvarez 679 F point three d 583 7th Circuit 2012 both confirmed this right threatening arrest for non interfering observation at an active enforcement scene has no constitutional basis and exposes officers to independent civil liability qualified immunity under Pearson v Callahan 555 U s 223 2009 Shields officers only when the violated right was not clearly established at the time of the conduct First Amendment retaliation for lawful expression and Fourth Amendment arrests without probable cause have been clearly established law for decades where those rights are violated qualified immunity does not apply and civil liability follows under 42 United States Code section 1,983 any person deprived of constitutional rights under color of state law may bring a federal civil claim neeves v Bartlett 587 US 391 2019 specifically addressed First Amendment retaliatory arrest holding that where probable cause is absent or weak and the arrest is connected to protected expression a section 1,983 claim may proceed that is not a hypothetical it is a live legal exposure the practical lesson is this knowing your rights at the scene and knowing how to preserve them for court are two different skills continued verbal confrontation after a lawful warning even when constitutionally protected reduces practical options in the moment while preserving legal remedies afterward better strategy is compliance at the scene and challenge through the courts not the reverse so here is the question the law leaves open if the standard applied in this arrest has no constitutional basis why does it continue to appear in body cam footage and if a private business can effectively direct a police officer to make a criminal arrest of a paying guest what limit remains on that authority the courts have answers whether those answers reach the people who need them most that is the harder question