where are they it's up stop stop stop stop stop please don't please don't get him in the other room stop I'm scared stop you don't you don't have to talk to you outside no I'm called to a disturbance stop get out get the hell out and your dog just bit me but I understand I'm coming to the house so everybody calm down everybody calm down get him in the other room stop no stop stop no stop Lance you did nothing wrong stop stop stop Lance I'm Deputy Hunter I'm gonna talk with you outside here okay step this way with me alright thank you no Lance come this way with me I'm gonna stay right here stop I'm gonna stay right here come this way no Lance no Lance is gonna go inside and talk to this no stop don't touch her no no no no she wants you she wants her dad go no no please step outside no she needs her dad right now stop stop I said officer I did not touch you I did not touch you I did not touch you I did not touch you I did not touch you I did not touch you officer stop stop hey back up get no back up stop stop hey you guys are hurting me you guys are hurting me you're stepping on my foot you're stepping on my foot officer can you please back off off your foot now talk to me about what is going on can I please get off talk to me about what is going on please everybody calm down talk to me he is not resisting you get your hands off of him please right now we're trying to calm down I'm trying to calm down I understand that but you're not no you're not no you're not you guys are starting to put your hands on us no we're not sir I don't want you to hurt me oh my God angel angel it was Lance correct angel Lance right angel right there's a lot going on call let's call the phone down and let's figure out what's going on okay hey what happened before we got here take a minute it's fine we're just trying to get everybody calm down take your time it's OK take your time ma'am can you please go inside I'm trying to talk please go inside I will be right with you honey honey honey safe he's safe okay is anybody else inside in danger right now nobody okay so what's going on here I have no idea everybody was just like all over the fucking map and like everybody was just like I didn't want anesthetic 10 4 3:27 3:27 and my son was like 10:40 was there an argument going on hold on I'm just hearing arguing so I'm just paying attention stay out here please Lance stay out here please Lance Lance we need to be able to handle this our own way okay Lance you're detained stop put your hands behind your back you're not under arrest you're just being detained okay we'll be at 1271 shake up drive in first take a seat on the step for me okay it's on the step or it's in my car you come out of those as fast as we put them in you're on OK OK I'm gonna so I'm gonna stay with you we'll keep talking alright officer so okay here so there's a lot of a lot of static static is that what you're saying yeah like friction yeah okay you were fine so Lance is currently detained but we're talking to him okay can I talk to you now yes okay do I talk in here or away from them or cause obviously we were called here so my son called okay is that your son right there yes okay why did he call because me and dad had an argument and he thought it was out of control and it wasn't she got involved and I told her to stay out of it several times and she never listens to stay out of our conversation she doesn't know how to back off so once this all starts like this this is how everybody else gets I'm trying to calm down I'm trying to get everybody to relax I was not going after you I'm trying to get everybody to stop yelling because the dog is upset I don't need my dog put down because he got upset at you we're arguing like we normally argue what was the argument about just stuff that happened in the past okay like relationship stuff or yes okay I'm trying to get them to stay away once she gets involved when she sees us arguing she gets involved she doesn't know how to get stop being involved with her this man are this are arguments this is how she gets when it's out of control she starts having her panic attacks she starts having mental breakdowns she's already wanting to herself I'm trying to get everyone to relax I'm trying to get him back in here so that she can have her dad so that she can hold him because he's the only one that can get her to calm down with her panic attacks I need him back in here well it's not gonna happen right now but it will happen soon if that's what gets her to calm down okay we still have to obviously figure out everything that's going on it's just a this this an argument nothing happened he thought that something was actually happening and it wasn't okay where was the argument taken place on the stairs okay was anything thrown no destroyed no okay was there any pushing or shoving by anybody no no punches thrown kicking no hair pulling nothing like that no and what's your relation with Lance he's my husband husband okay how long have you been married 10 years okay we've been together since 2,010 we've been married since 2,018 okay Janessa come here Janessa Daddy's fine daddy's not going anywhere daddy is not going anywhere daddy is not going anywhere neither is mom so the argument was taking place downstairs yes it was just verbal yes OK I think I think Bobby was kind of like okay this is a little bit more than usual uh who which is my son your son okay so there's been a little more static than usual you think your son didn't like it was upset I I'm just I'm just trying to understand why we got called here in the first place was there an argument was there a fight did somebody threaten somebody I think it was my son's older okay I think your son was over exaggerating what do you think he might have misperceived as an emergency that caused him to call my driving drinking your specifically your drinking okay it's not his it's not anybody else's so I smell it on your breath now I didn't catch it earlier um how much have you had to drink today you're you're being honest with me you're telling me that you think your drinking is probably what um in parts down to the call the 9 1 1 I'm just trying to get a feel for um so you have a connectivity to my is your drinking an everyday thing 10 40 27 no okay so I understand that you were drinking if your son was the one who called I don't know that he was I don't know who called but if your son was the one who called he may have been concerned about your drinking is it like tonight maybe he didn't like that you were drinking because you should have been somewhere else is it I mean are you trying to drink less do you think you need to fix a drinking issue or what how does the drinking come into play with tonight you guys are full grown ass understand understand we we are here to do a job that's that's scary for me that's scary for me OK that's my wife OK OK please I don't I don't I I I don't I don't understand how you guys are gonna process all this stuff what okay well I don't understand what's happening so I I don't know how it's backwards for you but I don't know what's going on they're doing their best to figure out what's going on but since you're not telling me anything I have no idea so if you don't wanna talk to me about what happened tonight that's fine I can't force you to but 10 4 6 6 they're gonna be in there understanding what they know and if you don't choose to share your side of it with me then you're not gonna get to then you're not gonna get to explain your side of it have you either you had anything to drink today no I have not as Lance he had a few OK not too many OK just a few OK that's about it it was nothing bad or anything like that Karen would you mind just walking me down there just so I can verify nothing looks out of place destroyed anything like that making arguments over relationship stuff you said it's been broken okay not tonight no that's fine this has been broken this has been broken okay this is all past stuff yes okay so the hole there yes that's pass pass up OK we were in here just close that messed up that's about it whose room is this this is yes OK and we do have sometimes me and Lance do when we get like this we sleep in separate rooms okay so I do sleep in here when we get on our little dispatches you're going there so yeah okay again there's no throw throwing of anything no just clothes just got knocked over that's about it and that stuff got knocked over but it wasn't because of pushing or anything like that it was just everybody was in a small little area OK James James just got knocked over did he did he verbally make any threats or anything like that no OK not no no threats OK and again you don't fear for your safety if he came back in the house no okay um what was the relationship stuff about just passion it was basically just bills in the house we're having problems with the house with the plumbing okay so not necessarily relationship more like financial stuff okay okay understandable no kind of relationships because we don't have a sister that we have a sister that comes over here but she doesn't she doesn't actually like live with us okay um Karen about your dog is that a mastiff yes or um hope so it's a blue heeler mixed with German Shepherd and okay is it vaccinated yes okay um we'll probably have to go over some like dog bite paperwork um just cause I was bitten in the leg I don't know if it broke skin or not but I can still feel it again I I understand the circumstances but because of the dog bite we'll probably have to quarantine um which is just basically meaning that you're supposed to stay at the house that's why before anybody comes in the house yep we don't have everybody just coming in the house like yep how everybody was because we have a dog I got you and so you have to also understand our side of things when we get but when we get to it it's a physical disturbance thank you and and then there's somebody waving us in hey come inside now like get somebody else here now but that's why we're making entry okay but he should have known better cause he does know better before anybody comes in this house that dog goes in that room and he knows better than that and he didn't have that dog in that room well I I get it too it's a it's a situation that's rapidly evolving he sees it at one side you know everybody sees things differently right everybody's got their own perceptions of how things are going why is my husband in handcuffs he was detained because he was being physically resistant with us outside that's the only reason why he's in handcuffs he can come out of them just as fast as he went in them but it's it's our job to investigate what what's going on here okay I understand everybody was up here we're trying to get everybody down here and then figure out what's going on okay I think we've kind of achieved that you would you would say maybe it kind of was up here when we got here yeah I'm gonna see what they have outside there and then I'll be back up here to talk to you okay yeah you alright sure can you uh stay right there Lance I have a couple more questions for you what happened between you and your wife tonight was there an argument there's no one to listen to OK did anything physical occur between you and your wife okay do you have any fear for your safety any concerns being in the house with her I I can't hear you no we're gonna listen okay um were any threats made tonight to harm each other either you to your wife or your wife to you no sir okay um either in uh threats actual perceived um anything to do with sexual uh abuse or violence did it occur tonight yes or no OK uh same question but about suffocation strangulation anybody threatened to put hands on each other's necks airway anything like that either you or your wife OK um sorry no no 6 6 OK I'm sorry I don't like that I don't like that OK I'm required to ask you those questions though so that's why I'm asking I'm not I'm not liking that because like I've been abused in different manners and I don't understandable that you wouldn't want to talk about that I'm I'm just asking because if I leave you here tonight I want to be confident that nothing else is gonna happen so if we were to walk away right now and you were to go back inside are there gonna be more issues can I stand up and can I stand up sir sure stay right there we stand up stay here if we leave here are there going to be more issues I don't like the fact that I would say that there's not but this is just a fucking local I don't like this I don't understand I'm sorry what can be done tonight to keep this to keep us from being called again or to keep more issues from happening what needs to change nothing thank you at 12:00 I I just think like this is like an a family moving forward it's kind of like I love my life okay well that's a good start alright Lance at this time I am gonna place you under arrest for domestic disorderly conduct okay so we'll go walk over to my squad here just stand there for a second here alright go ahead and have a seat 7 13 contact contact dash 7 13 contact contact dash yeah either sitting like that or sitting forward is that okay to minimize the pinching what do I do what's that can you move the seat back I cannot it's in its position so is sitting forward easier for you we're off to the side like that that that's okay right there fuck my life hey you wanna fuck we'll get put charges on me fine we'll get you out of them soon okay no you gotta put charges on me that's the reason why I'm going hello I'm sergeant Tate with the sheriff's office so I'm here to kind of sort some things out sounds like things got a little rowdy in here tonight um there was mention of somebody being suicidal who would that have been or making some suicidal comments okay can you tell me a little bit about what's going on so it was just an argument where it got a little like it kind of got a little too much where it got overwhelming and everybody was just yelling at each other where okay I got in the middle of it and nobody was stopping so I threatened myself and nobody was still stopping and I still feel like no I still feel like doing it to myself okay alright they had mentioned before that when you talk to dad that that makes you help helps calm you down uh huh okay and where is he at in the picture oh my God well her stepdad calms her down when she's here okay alright biological dad is still in the picture but it's my week with her right but she wants her stepdad because he can get her to calm down and stop having these panic attacks okay right now he can come in here to get her kind of I'm just I want to just make sure I'm not getting the two confused because I was it was another this is his stepdaughter no no no I understand that I'm saying that one of the other officers made it sound like it was biological dad that no no made this feel okay alright so it's stepdad that makes things feel better yes when she's here yes when she's having these issues yes he can get her to calm down a lot more because they have uh same they are both get like this they have yup the feelings and stuff like that uh huh I also get those feelings but I don't say it and I don't you know but she's just really stressing out right now okay alright is there anything else that helps make things feel better talking to my grandma's counselor OK and are you able to get a hold of them not right now not right now OK she has an appointment sometime that was like last month though no it's this month I think it's this month or next month OK alright and have you ever spoken with a crisis worker before yes no so which is it yes or no yes you have no I haven't that was a different person oh OK so basically what a crisis worker is it's somebody that they're on call they're yep they're essentially on call yep so what we do is we call them we kind of give them a brief of the whole situation I'm kind of what's going on today they're gonna want to speak with you for a little while talk to you and I'll talk you through a couple things kind of give you some options and kind of see what we feel is best for you tonight okay that sound like a fair thing that we can do here alright so I'm gonna go make some quick phone calls and then I'll come back in and I'll have a conversation with you here in just a few minutes alright I'll figure out who the on call worker is and we'll go from there okay alright so just be patient with me alright so here's what happened is the deputy that was in here got bit obviously by the dog no they're still taking the dog away just listen calm down calm down no no no can I alright that's alright calm down stop let me let me finish Janessa you need to calm your autism down a little bit honey calm it down what happens is is animal control will come and just get the dog's information okay what's that it's Rocky yep I don't I don't remember where we put his paperwork right now because we have so much he's a chip so here we have a chip in it what we'll do is is they're just gonna come they're gonna come get the dog's information there's paperwork that has to be filled out it's actually state law okay and then what happens is they're gonna talk about the quarantine process which can happen here at home okay you know if it's got rabies vaccination and all that no no it had it had it got his vaccinations when um the before we got him yeah when we got him where at where at do you know uh Mossons Carl's Nelsons Nelsons Animal Shelter yeah OK came from animal shelter I'm not super concerned so but we'll need that the animal control will need that paperwork to be able to fill out theirs I would have to so hold his mouth so he doesn't do anything they don't necessarily need to see him so I'm just gonna ask a bunch of questions like how old he is how much he weighs his name and you know his breed all that kind of stuff okay where who's with us well I don't know I OK um so I don't know if this was explained to you or not Lance was arrested for an act of domestic disorderly conduct I was outside with him and I spoke with him obviously I wasn't in here I wasn't in here when anyone spoke to you or the kids so I don't know what was Learned but the decision was made to arrest him for that so it's one count it has 150 dollar cash bond because you were involved in that you're his wife okay and you have kids in common as well okay and you're both living here okay so I'm gonna go over this paperwork with you I'm gonna fill it out kind of as we go I'll read it to you I'll answer questions you have and we'll go from there what time does the shift start at 1:00am OK if you give it um another 45 minutes or another hour call the jail you can ask for what the status is if he's booked in and they can tell you 100% here's what it'll take to get him out here's what it'll take you know if you wait till he's sober that sort of thing where's the jail number that one is yeah okay so again that's all pending how busy they are too if they have other things going on it might not be as quick um did you have any questions in reference to the safety plan anything in that nature and you guys are familiar with the crisis emergency line if you need to call it OK I'll stand it it's a big resource to use so don't be scared to use it I actually encourage a lot of people to use the line so alright the 9 8 8 so don't be scared to call that OK alright do you have any questions for me Angel OK alright forgive me thank you Karen spell back OK thank you a husband is arrested for domestic disorderly conduct his wife denied any violence the home showed no physical evidence both parties gave consistent accounts the question this case forces onto the table is not whether the officer made a mistake the question is whether the law as written permitted what happened here legal framework investigative Detention Terry v Ohio 392 US 1 1,968 a 911 call from within a residence supplies reasonable articulable suspicion investigative detention at that point is lawful lesson the initial separation of parties was legally sound the legal exposure begins at the moment detention converts to formal arrest legal framework use of force Graham v Conner 490 US 386 1,989 force is assessed from the perspective of a reasonable officer at the scene multi officer domestic entry dog bite multiple distressed individuals simultaneously physical control used to separate parties under those conditions is legally defensible lesson context at the moment of contact not outcome controls the analysis legal framework probable cause standard Illinois v Gates 462 US 213 1,983 probable cause rests on the totality of circumstances that totality includes what the investigation did not find no injuries no property damage from the current incident no corroborating physical evidence of any kind affirmative denials by the alleged victim are part of the totality statutory analysis simple assault aka Section 16 5 20 simple assault requires an act placing another person in reasonable apprehension of receiving immediate violent injury the alleged victim stated she did not fear for her safety that single denial if credited negates the mens Rea element of the offence without assault there is no predicate offence under the Family Violence Act statutory Analysis Family Violence Act Oki section 1913 1 family violence requires acts constituting specific criminal offences assault battery stalking criminal damage to property unlawful restraint the statute expressly states verbal arguments alone do not constitute family violence OCGA Section 17 4 20.1 mandates arrest only when probable cause exists that a qualifying offense has occurred that condition precedent is dispositive statutory analysis disorderly conduct aka Section 16 11 39 the statute requires violent or tumultuous conduct placing another in reasonable fear or the use of fighting words in a public place a verbal argument in a private residence denied by both parties as non threatening does not meet the statutory language as written officer discretion cannot substitute for statutory elements that are absent legal lesson conduct toward officers versus household members physical resistance directed at law enforcement during entry does not satisfy elements of domestic family violence The Family Violence Act governs conduct between household members not conduct between a suspect and the responding officer conflating the two categories at the arrest decision point is a structural legal error statutory analysis civil liability Oklahoma Section 51 2 7 dog bite liability attaches when the owner had prior knowledge of the animal's dangerous propensity the owner's own statement that the dog is separated from strangers establishes that knowledge as a matter of record this creates independent civil exposure separate from the criminal proceedings legal lesson disability and duty of care directing a minor with a neurological disability to control her condition as a behavioural choice reflects a failure of professional training equal Protection principles applied to disabled individuals and duty of care standards owed to a vulnerable person in crisis require officers to distinguish disability from conduct this does not require specialized credentials it requires basic legal awareness the arrest was made the bond was set at $150 the case outcome at time of analysis remains unknown what is known every element that would support this charge was contested denied or absent from the physical evidence whether a court found probable cause sufficient to survive a preliminary hearing and how defense counsel challenged the arrest remains an open question what would you have charged what would you have done differently watch what happens next