this is what was on top of her counter in her bedroom okay and when I found that I hit them I did I slapped them both I do believe they are in danger because she talks to older men you want some weed hey can you bring me some weed hey how much are you gonna scoop my sister okay stop stop no stop two minors ages 14 and 15 ran away from home following a physical discipline incident they spent the night within one eight year old male officers knocked on the door no one answered this is where the law becomes complicated you can come in now so what's going on today man well I got home and my kids are not here okay uh two days ago I came home and my house smell like weed okay it smell like weed and you know I did smack I slapped them uh huh um I found a like a little roach I don't know what she said it was a they admitted they were smoking yes okay um this is what was on top of her counter like on her bedroom okay and when I found that I hit them I did I slapped them both um this morning whenever I left they were they're they're laying down I went to work I had texted my daughter I said make sure that you guys throw the trash wash the dishes she never texted me or anything so whenever I got home I looked in the closet and I know my one one of my daughter she lives with her dad but she was here for the weekend she's work for a vacation um backpack isn't gone and so I'm pretty sure they ran away do you believe that they ran away or they no I think they left OK so they ran away yeah OK how old are they uh 14 and 15 OK and so the 15 year old was just visiting you this weekend uh she's been here since Friday OK um so she's gonna stay here for two weeks for the summer just to hang out yeah or uh the oldest doesn't have a phone no she had a tablet and I took it away from her yesterday and then I went and I met up the with the stepmom and I gave it to her because yeah it's hers yeah it's theirs it's the it's the little brother's and that's what she was messaging in Instagram so she doesn't have a working phone now no she get taken away no okay oh yeah she whenever she was at her dad's she got taken away so when was it that you got her yesterday ah no the day before yesterday so when so today is Friday Wednesday yeah and then I guess her and the stepsister got in a fight a few weeks ago and then the dad did a police report but I don't think she pressed any charges because she whenever she came home on Friday she had a black eye and everything I was like what happened you know that's your dad and OK yeah and then that's whenever I called the dad do you have any idea where they were to go huh no I don't I don't I mean I don't Brianna she's really like I don't let her out no where's like if we go to the mall she goes with me like you do I let her out with her friends do I know who she like I don't know you know I know you don't know any no any friends that live in the area right I don't let her go out no where's OK hi this is Officer Gerardo with the Las Cruces Police Department I'm the one that took the report oh yes hi officer how can I help you in my eyes officer yes I mean cause you need to live with us and we're responsible for that correct I do believe they are in danger because she talks to older men okay and we found stuff that she's been talking to older men like on those websites like the Snapchat and stuff like that uh huh so I do believe she's been dating and possible drugs too I'm not too sure but for sure I know older men and I'm just worried about her being safe or her doing stuff or making them do stuff that she doesn't want you to do you understand where I'm coming from uh huh it's these guys that are selling selling drugs out here I mean that's what it is yes ma'am the free door what does it say right there the red dot OK I can't believe it's gonna look bad when it says you see the dog will come out right yes sir or you can knock on the side of the door knock on this louder Persia well basically we don't know what she's doing the only reason why we know is because we logged into her Instagram that she was a addicted you know so well I don't know we don't know if somebody took them out first or what but they were missing from her house yes since 11:00 this morning your mom or that girl is the one that said whatever you know how you doing I'm washing the laundry so can you tell us what's going on can you come over here please yeah I'll come over here well you guys um they were at his he had him hostage him and my other daughter my other daughter she ran so he was in charge I talked to the other lady she's like hey it's it's oh you don't you don't know nothing ma'am can we go over here and talk yeah now he wants to be nice and shit he had her running jumping on the fences on their side I had to go get her and get her I was just going to go over there so we can talk okay I need I need to know what's what's going on so yesterday they left my house I reported them missing yes I saw whatever I saw the outside missing so then we came here because you know we hacked her Instagram account so we knew she was here we knew she was gonna go with some other guy so we came here we came here and the cops came and everything and nobody came out there was that black car we had a me and her had came by cruise here the door was open but there was two big old dogs so we didn't get off so then we call the cops whenever we got back there was another car so whenever the cops came that they were knocking nobody answered the door you know obviously they were there they've been there um okay so what do we need to do about the other kid the other um she's still outside she ran she ran she ran alright so you know what she's wearing right now she's wearing a white uh jacket with black shorts OK so that's yeah to your responding units I got her and then they were running on the back on the yard so I had to ask I had to ask this guy you know can I get into your fence cause my daughter's hiding I could see her but I don't think they saw me so that's whenever I got her OK and that's when you grabbed this one I'm sorry her name Brianna your mom I said that lady told me that they were here he's like no they're not here I said OK sounds good I said I'm calling the cops I said they're coming I said I'm staying right here I said I'm not on your property I'm on the road my car is over there because that's where I freaking hold us over there to get her and then I got into some other people's yard and with I asked for permission just for now yeah OK that's why I have it like this because I'm not gonna yeah so so they had both ran over there and I said you know what bro I said this husband right here yeah I said you know what I was trying to be cool I asked you nice I said so now you know we're gonna have the cops involved were you able to find the daughter I don't know she wasn't there that's my car motherfucker just wait till you when the fuck were you with hold on hold on hold on hold on hold on just wait little boy I saw where you are hey no no hey let us do what we gotta do and then you can do your parents he's in Parole OK OK he's in Parole OK but let us do what we gotta do you don't you you don't you don't gotta aggravate the situation so just so you know we got another officer two officers coming yeah yeah I know you're right here but don't don't talk over here alright trying not causing problems right now can you just sit down on the curb I know I get it I get it pay no attention OK last night we came here the doctor said they don't wanna go in there yeah we can't go in there no but today's all the neighbor said she heard screaming yesterday and they still don't wanna go in there last night oh OK well I don't know what went on we're new to the situation and we're trying to figure out what's going on like I said we're not gonna go in there sir sir hey turn around just turn around just hang tight we're almost done with them and then we'll come talk to you alright cool appreciate you guys yeah back on track let's figure out what's going on whenever hey no you guys said Amy said she was gonna pick you up if you wanna go look for her yeah I'm gonna go look for her did she call you did she call you yeah she called me but she hung up I can't get over let me go so I mean I was trying to be nice you know before I got you guys involved I said okay I mean since that girl said you know they're here I was like they're here you know she's being honest and then um she left she left she said you know I don't want problems I said you know what I'm gonna call the cops is this is this the mother he said it's not his mother it's not okay but she she lives there yeah it was a yeah that's she said that's her house okay and did you know her name I don't I don't I don't know these people okay and Stefan get out of drugs idiot like yeah click out of it alright no little boy I mean you I mean you because I don't know how old you are hey hey hey I seen I didn't know what's going on alright yeah so then you know I asked I said that this man was I said hey can I go into your yard I said because my you know my daughter's running away I said and I see her I don't think they saw me because they were both like this so then I went and I yeah and then I got her and then he's like alright so what what what direction were they hiding on what what what uh it's one two it's like three houses down and it's on the other side on the same street my car is parked on the other side actually that's where they were hiding that's where they were hiding she was over there she was past that maroon truck right there and she ran that way oh okay so she has to be I said if I put her in the car she's gonna escape you know when I'm driving you know here so I told that guy I said can I leave my vehicle here I said I'm gonna wait till the cops get back and I this is how I've had her since okay I got her you better be for the honest because we already know Marina and Mariano went to the house Amy to Natalie who gave you the weed how much they gave us yeah yeah so it's all your little circle you guys are all going down so don't think you're smart so before you answer any questions that he's gonna ask you you better be honest because those that you call little friends they're gonna snitch you out if they're gonna get in trouble oh they're not gonna get in trouble they're gonna they're gonna go to you because you're the one that hey you want some weed hey can you bring me some weed hey how much are you gonna scoop my sister okay so before you answer any questions you think and say the truth okay you have the right to remain silent anything you say can and will be used okay we'll be used against you in the court of law so yesterday like it was around like 2:30 now it was like 2:30 he we he went to go pick us up from her house and then after that we went to go to my friend's house to his apartment and then after that we came back home I was like already like 4 something like 4:30 and we stay here and we didn't we didn't leave the house at all like an all day until really right now when they she had called the cops so you say so you stayed here all night yes so whenever the cops came you guys heard and you guys didn't yes we heard of course so when so when you heard the cops coming right or your mom like what would you all do we were just in one room OK what's his name who that guy which one this one Gabriel Gabriel I just told you guys I mean he could be lying I mean oh I mean I'll I'll talk to you you know what I'm you know why I'm saying that because the the neighbor she's on she's like that little boy he's always in trouble he's always making parties his mom is never there so is it is it that's not this little kid I don't know I'm gonna I'm gonna talk to him OK alright I see you get the side of the story then I'll I'll talk to him as well OK you know what if he would have if he would have said you know what they're here but he said no they're not here they left they left this morning you know and then somebody over there on the other neighbor and on the other street she's like they're running you know so that I'll talk to him whenever I told him you know okay I'm gonna get the cops involved then he wants to flip his car and be on nice no I said no you know I tried to properly I tried to be nice to you I said bring my daughters outside bring them that's all I'm not gonna do nothing I hadn't called you guys yet I said bring my daughters to me that's all I want nothing else as a as a parent but when I call a cop then he flips and oh my God you like as a parent yeah I understand I understand why yeah like if I'm a if they if they have their friends at my house and the monk let's see what yes come in I'll be like take care of him yeah absolutely like and even at that you will make sure as a parent as a as a real parent as a yeah and we're not saying that's not the type of parent they are but we can only do so much no the other the other lady that was there she's the one that she's like your girls are I was like you know I said am I my girls are she's like yeah they're in there I said what she's like they're in there I said can you please tell him to come out I mean she was good and she's like you know what I don't want problems or anything she's like I'm leaving yeah and I know you know to get out today and and and I get what you guys are saying and I get where you guys are coming from but we can only do so much that the law allows us but it's because you know it's like you know what okay so then I don't want this to happen okay so whoever's gonna go down do I want them to go down you know what yeah absolutely because this is how she is so what did she do last night you know I'm pretty sure she was all smoked out and everything yeah do I want that no you weren't seriously seriously drug test you come on man for real can we take them to the hospital and do a drug test and everything as far as the parents you guys have that right I don't know if they'll do the drug test but you have the right to take them to the hospital and get them checked that's all yeah no yeah I'm not gonna tell them to call they're gonna go check them out alright so far this side we'll talk to them and then we'll see if we can find anything else and far charges ago I know you explained it to this officer but I'm just trying to wrap my head around everything how do you know these little girls bro I knew him since like I was 17 oh okay so you know him like a year now oh okay so you're 18 I take it so you're 17 alright so how did they end up here dude like well they're obviously with me uh huh the one way they could have came with me was with through my car yeah um they had nowhere else to go so I told them to just stay with me do you live here I don't you don't all right where did I tried taking them home you did try to take them home I tried it but who else lives here that's my friend your friend yeah and that's his this is his house this is my friend's house but this is not my friend's house this is his mom's house oh okay so he lives here with mom who's the other little boy that ran away with them was it you no see I I told her I told you hear me uh yelling across you guys yeah I was like what little boy she's like I'm talking about you little boy yeah yeah I heard that so but who she's saying there's another boy that ran away yeah that's what I'm saying cause I was like what little boy you talking about was it you I guess that's why I was like she's like I'm talking about you little boy she's talking about me uh huh cause did you try to run out the back door with them try to run out with them but I followed them and then that in that year has it been a boyfriend girlfriend are you sucking up are you sucking up how do you know him well because my family is um why I miss friends the the little boys that I have asked can also require me to hey guys we need you basically a juvenile formative arrest but instead of arresting you taking you to jail we're gonna turn you over to uh mom and dad all right um so parents got a call on Monday Monday through Friday 8 to 5 there's a phone number right here you'll call that number let JPO know hey my child was cited from our school's police department here's the case number and what they'll do is they'll give you information on how to handle this uh whether yeah yeah we got one copy for you and this is gonna be our copy since we're gonna get both of your signatures all right confirm your location 2:00 0 8 Cinnabar Jack 11:12 can you start that way Brianna yeah Brianna Brianna Brianna stop stop Brianna stop stop no stop put your hands behind your back put your hands behind your back let me go I need you to go buy a car let me go I did to Central Lock one of the detain copy 1 female to be detained at 10:53 I will I know I know yeah Jasmine stop I seen adjust your cuffs alright so you're comfortable in them alright hang on is your name first name Brianna what's your first name listen I need you to I need you to cooperate with me just so I can cooperate with you so we can get this all this figured out OK I'm just trying to make it easy for you but you need to make it easy for me too I'm just trying to get some information I just didn't know who you are so I know who I'm talking to what's your what's what's your name OK so your name is Brianna yes Brianna what's your name what's your last name Brianna do you mind speaking to us we're just trying to make sure you're OK we just want to know I'm fine I'm fine we just know what's fine I don't know what's going on yeah cuts on your leg it's kind of like alright then you step up turn around face the vehicle gonna once I release you from cuffs and you sign the paperwork and everything that I need you to do you're gonna go inside with your parents you understand here's what their stepmother told the police so you want the like a restraining order on on that little boy not to come to my house cause he's been at my house before where they have snuck out before with him and then I found text messages where that little boy was giving her giving them drugs actually okay he's known to be here inclusive to sell those disposals and mushrooms and shoes and all that crap even though it's legal but still you don't give that crap to a minor no I'm talking about yanira because yanira is with us and I've had problems with yanira and Alia with that little boy with my daughter okay so I don't want him in my house okay but he hasn't caused any problems like like severe problems that like life threatening problems or anything that nature is try to hit you or anything like of that sort of nature I called him one day and he said he was 16 and then this puppy is gonna be yours and that was gonna be mine hey ma'am ma'am it's not worth it he's a little boy you know what I can I think I can fight better than I'll beat your ass I will not him I will I don't need no backup ma'am ma'am ma'am well you know what that girl that was here she didn't say shit let's go let's go well you're gonna pull out your guns is that how you handle shit I got my hands hey if you guys wanna especially what legal authority did officers have that door what criminal exposure did the adult male face what does parental discipline look like under New Mexico law these are not simple questions N m s a 1,978 SECTION 3 0 6 3 contributing to delinquency of a minor applies to any person whose act or omission causes tends to cause or encourages the delinquency of a person under eighteen transporting runaways sheltering them without parental consent and concealing their location from a searching parent all satisfy the elements of this statute The Fourth Amendment prohibits warrantless entry into a private residence in Payton v New York 1,980 the Supreme Court held that even with probable cause officers cannot cross a residential threshold without a warrant consent or recognized constitutional exception the exigency circumstances doctrine refined in Kentucky v King 2,011 permits warrantless entry only when officers face an immediate threat requiring action before a warrant can be obtained officers here correctly declined to force entry preserve the evidentiary chain and avoided a Fourth Amendment violation that could have suppressed all downstream evidence under NMSA 1,978 section 3 0 3 1 2 2 distributing schedule I controlled substances including MDMA and psilocybin mushrooms is a third degree felony in New Mexico distribution to a person under 18 carries statutory sentencing enhancements these allegations if substantiated transform a misdemeanor harbor case into a multi count felony Graham v Conner 1,989 established that use of force is judged by objective reasonableness based on facts known at the moment of the decision not with hindsight when Brianna fled and actively resisted officers applied soft physical control the lowest tier of the use of force continuum within the legal standard under NMSA 1,978 section 3 0 2 2 1 resisting or abusing a peace officer is a misdemeanor on first offense intentionally refusing to comply with lawful detention commands satisfies this statute the charge converts what began as a welfare matter into a a formal criminal record for a 1 4 year old key legal lesson parents have an unrestricted right to monitor a minor child's social media accounts evidence gathered through that access is legally obtained and may be used to establish probable cause in this case Instagram access identified the location corroborated witness testimony and drove the entire investigative timeline N m s a 1,978 section 3 0 6 1 defines child abuse as knowingly or recklessly placing a child in a dangerous situation the mother's on camera admission to slapping both girls as punishment is a legally documented disclosure it does not automatically constitute criminal abuse but it obligates officers to record it and opens the door to a cywd review Gabriel was not arrested at the scene the drug allegations remain unresolved in any available public record the restraining order sought by the stepmother has no documented outcome were felony charges ever filed did the juvenile process address the underlying family breakdown the legal exposure visible in this footage is significant whether the system acted on it is another question entirely what happened after the camera stopped is the question that matters most and the answer when it becomes available will tell us whether the law did its job