because you started throwing shit getting pissed off because you wanted me to cuddle you and you fucking bitch and it started a huge fight man we're done man I don't give a shit I do you're done you're about to go on handcuffs for what no I don't put your hands behind your back for what what are you doing are you serious I am put your hands no I checked you for weapons now I'm searching you we use it I tell you to move which you are pushing me now I'm not pushing you I know how to walk stop I'm not pushing you you're pushing and you can't stop you can walk back to your bedroom March 1st 2026 Madison County Illinois officers responded to a domestic disturbance a woman reported her husband destroying the home with an eight year old child present and a firearm possibly on premises that's when I literally said oh we're gonna throw shit then instead of talk I tried talking multiple times you tried blaming me no I did not not once I said what I said the only blame that I did was last night whenever you said that I did not have a fever when I obviously did I know and I obviously made a joke saying my 99 was a fever just joking with you because you started throwing shit getting pissed off cause you wanted me to cuddle you instead of get coffee ready or whatever the I literally got you medicine ready made you coffee no I'm not gonna sit there in the back bedroom for an hour by myself we haven't even been up for an hour I've been up since 9:00 I got up before you laying there in bed waiting for you to get up you know doing the thing like you just said trying to hold the room for you hey guys hang out for a minute I gotta go for an Uber that's not cool yeah that's fine man like I said we just don't want this to escalate it's already bad enough I understand why even it's going as far as it did you don't stop no I don't man no I don't okay no I don't know how the fuck we get to this point when someone's just sick no I don't no I don't know how we get to this where me and her don't ever even fight me neither and then here you all screaming at me all morning Lexi you've been raging about the house all morning I was up for like an hour you just you just I wasn't raging I wasn't even upset or yelling I started laundry and went back to the back bedroom yeah you're right I picked that remember when I clean the floor great now your mom's here Lexi good call why did you do all that do you see you did you see what you did 60 bucks to get to your mom's house really $60 Lexi stop what what do you mean what why on earth did we end up here I don't know no you do know why on earth do you end up calling all them and calling your mom because you no you you you threw a bunch of shit around and then started a huge fight man we're done man no we're not I'm talking I said we're done I said knock the shit off you're in my house I don't give a shit I do you're done you're about to go on handcuffs you need to leave for what dude for what I'm not gonna stand here and argue with you for what I told you to leave no that I am in my home you are not gonna stand here and talk to my wife all I want you're done you're gonna leave no I'm not you're gonna go this is my house you need to this is my house it doesn't my house look at this look at her exactly so get the fuck out there that's not gonna happen no that that you called them they can leave nah bro I'm not leaving start trying to to stand up dude don't square up like that then don't square up on me don't do it why did you do this just call don't do it why did you do it nah bro look I'm not leaving come back in here that Justin Justin really yeah you're in my house Justin I've asked you to come back and I'm telling you why because you're in her face screaming I'm not in her face screaming you need to go no I don't you already told me two seconds ago this is your guys'thing I'm getting my shit and now you're not listening to me and I'm trying to stop because I don't have to now you can talk if I want now you can talk no I don't then put your hands behind your back you're under arrest for what for what put your hands behind your back dude for what what am I under arrest I said put your hands behind your back bro come on man are you serious I am put your hands behind your back now I am now I am stop behind my back I can't talk with her you guys are up my ass don't grab my hand dude unbelievable exactly it is unbelievable put your foot on my ass bro stay there come on dude we're working I'm trying to fix it man come on dude that's killing me man what's killing you I'm trying to double lock it man I'm locked in man I don't want it to cinch up on you if you move do it when I get outside roll on your side give me a second I'm trying to get you up and help you dude I can get up you put me then get up you fucking asshole I'm walking I don't want you to walk I want you to turn around you already did that no I checked you for weapons now I'm searching you right like I told you before cause I'm not up for no bullshit will you stop did I tell you to move quit relax talking around dude then quit turning around I'm trying to turn around relax we don't want you to we said to stand still stay there do not move simple instructions stop simple instructions why are we going through this you're in my house where I was talking where I can't what did I say what did I stop turning around there's no reason for you to be acting this way there is you're in my house telling me what I can't stop stop dude stop moving it's not that hard maybe if you were pinned against the wall you would stand still off of it I would stand still and let us do our business two grown ass men get off of me against the wall for what cause you can't follow simple fucking instruction cause I don't there's no instruction to be given I'm in my own home stand here I am don't move that's the instruction why can't I won't I'm tired of being on a wall well too bad why don't you take the book bag off can't do that now right which I was trying to do the whole time well shit we're here because of you not me not him because of you so now we got to deal with it and we will wouldn't have if you would have just left yeah because I waited for an Uber you watch me put in for the stop turning around why can't I just look at you when I speak to you I don't need to see you I can hear you I've seen you enough I've seen you enough too yeah bet I know I'll take one step back no please it's all I need oh I was trying come on can this come off what the bag we'll get the bag off like it can just stay and we don't need to bring it into the I'll leave it here OK come on try and get it off what do we got it's my phone man quit pushing me I can walk I'm not pushing you you are pushing me now I'm not pushing you I know how to walk stop I'm not pushing you you're pushing and you can't stop you can walk I am walking will you stop you quit showing your ass you're putting on a show who's putting on a show you look at you goddamn you have me cuffed I can walk take a step back see I'll listen without all that bullshit can you get that off here I'm not gonna go anywhere not running I'm fucking fat no you're not running anywhere what the fuck is that supposed to mean I'm trying to be but I'm not worried about you running that's what it means I'm not worried about you running hold on your phone I'll give it back to you I'll get it and your cuff keys on the floor I see it you want this left here I yeah I just didn't want to have to bring it up to the gym alright he wants to leave this here how long is my dad gonna be gone I'm not sure sweetie hey babe go get me a car probably not for long OK he'll be OK uh I got this for him so he's gonna be going to the jail he's gonna be on hold at least until tomorrow you'll see a judge in the morning and he'll probably be released so I'm gonna leave you with some paperwork like I discussed but like I said this isn't gonna get any better yeah it's only going to get worse so however you go about that is your business but just keep that in mind and I'll leave you some paperwork okay give me just a minute here's this it's information on how to obtain an order of Protection okay have you ever needed to do that before okay if you decide to do that you need to go up to the Madison County Courthouse okay tell them that you're there to file for an order of Protection somebody will walk you through it basically you're gonna have to go through a uh an affidavit you have to fill out an affidavit explain to the judge why you feel it's necessary for the order to be granted um why you need to be kept safe on the list or on the back here there's a list of uh resources available to you should you need any of that stuff I don't know if you will or not there's legal aid listed here uh other victims services um and then a list of your rights as a victim down there at the bottom he's not being charged with anything domestic related okay that's just why we were called here so I'm gonna give that to you and however you go about it if you choose to uh address it then that's how we go about it okay thank you no problem alright have a better Sunday hey I'm sorry that that went the way that it did um I think we agree we would have liked for him to have left um yeah but we are where we are so I can't control everything no and I'm sorry that your daughter had to see that I appreciate you getting her out of there as quickly as possible um I hate for her to see that I will have to contact DCF's okay have you ever had any contact with DCF's before yeah okay like I said he wasn't charged with anything domestic related you're not in any trouble or anything like that but anytime that they're witness to something like what took place as to why we were called here coupled with what happened after that they're gonna have to come in and check in with you even if it's to provide you with some resources or whatever but somebody will come out okay don't give me a call usually right they'll probably come and knock on the door okay but they may reach out on to your phone first okay make sure everything's your home and all that stuff but somebody will definitely be out I'm sure alright thank you the suspect agreed to leave then returned officers issued multiple de escalation commands the suspect refused to comply and physically resisted arrest he was charged with two misdemeanor counts Fourth Amendment warrantless arrest in a private home Payton versus New York 445 US 5 7 3 1 9 8 0 a warrantless arrest inside a suspect's own home is presumptively unconstitutional under the Fourth Amendment exigent circumstances exception Brigham City versus Stewart 547 U s 3 9 8 2 0 0 6 officers may enter without a warrant when there is an objectively reasonable basis to believe an occupant faces imminent threat of harm legal lesson 1 claiming homeowner rights does not override police authority during an active domestic emergency the proper venue to challenge a patent violation is a suppression hearing not physical confrontation don't and now you're not listening to me USO of Force Standard Gram v Connor 490 US 3 8 6 1 9 8 9 reasonableness is judged from the perspective of a reasonable officer on scene at the moment of the decision not with the benefit of hindsight Graham three factor test factor 1 severity of the crime at issue factor 2 whether the suspect poses an immediate threat factor 3 whether the suspect is actively resisting or attempting to flee all three factors were present in this incident resisting or obstructing a Peace Officer Illinois 720 ICS 5 3 1 to 1 Class a misdemeanor a person who knowingly resists or obstructs the performance of any authorized act by a known peace officer commits this offense legal Lesson 2 each distinct act of resistance constitutes a separate count the predicate authorized act must be lawfully issued here active domestic disturbance response is unambiguously an authorized police function search incident to arrest Chimal v California 395 US 7 5 2 1 9 6 9 United States v Robinson 414 US 2 1 8 1 9 7 3 officers may search the person of an arrested and all items on their person without additional justification misdemeanor arrest Authority Atwater v city of Lago Vista 532 US 3 1 8 2 0 0 1 a full custodial arrest for a misdemeanor offense is constitutionally permissible wherever probable cause exists regardless of the minor nature of the charge Victim Services obligation Illinois Domestic Violence Act of 1 9 8 6 7 5 0 ICS 60 officers must provide written information on emergency orders of Protection and available victim remedies this is a statutory obligation not a discretionary act Mandatory Child Reporting abused and neglected Child Reporting Act 325 ICS 5 law enforcement must file an immediate DCF's report whenever a minor is present during a domestic incident failure to report is itself a statutory violation charging decision analysis no domestic battery charge was filed under 720 ICS 5 1 2 to 3.2 prosecutors charged only offenses directly witnessed by officers and documentable via body cam evidence this reflects an evidence anchored prosecutorial strategy legal Lesson 3 charge what you can prove beyond a reasonable doubt from your own evidence do not rely solely on victim cooperation for primary charges in domestic cases where victims may later recant or become unavailable aggravated assault on a Law Enforcement Officer Illinois 720 ILCS 5 1 2 2 2 assault is aggravated when the offender knows the victim is a peace officer performing official duties charged here as a misdemeanor where no physical injury to the officer was documented tactical and legal lesson summary de escalation exhausts legal exposure and strengthens the officer's case warrantless home arrest requires articulable exigency circumstances on record every active resistance is a separate chargeable count search incident to arrest covers all items on the person at the moment of arrest final lesson the correct response to a potentially unlawful police order is verbal objection not physical resistance physical resistance generates independent criminal charges that survive even if the underlying arrest is later ruled unlawful