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Language
en
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text
Source
scrappa
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No
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Created
2026-10-22 23:34
Transcript Content
I don't want to give you my keys OK you have to no I'm not listen I'm a contractor you're gonna have to call them I understand sure I'm gonna have you step out no I'm not stepping out of this you're not in trouble you gotta get out no listen no I didn't do nothing to you don't go reaching for anything either step out listen I got a firearm in my car okay fine okay just listen you are not gonna boss me on I want your supervisor cause I'm not giving you my ID that is my right step out no I'm not sir if you you better leave me alone or I'm gonna hit you step out you're now under arrest you're gonna tase me you said you were gonna hit me you I don't know you stop resisting stop resisting you're making it so much worse stop what are you doing you call a cabina right now I'm a contractor you're not arresting me yes we are what you're gonna stop resisting moving good Lord dude get this on tape we're all get this on tape alright listen I and I am a contractor that's fine we're the police step outside come on come on you're gonna you're gonna rock me up you pulled away hey Raj hey Raj they're arresting me Kabita yes I want this on video it's on you're on video you're under arrest you're resisting I am not you're under arrest I didn't you're obstructed I have brother what is obstructed I am a contractor I have a right to speak if you stop yelling at me I can explain that to you but you're not following the law he's gonna arrest I told them I was a contractor they asked me for my ID I'm like and then he's gonna come to me and grab me and I I'm not gonna have the yelling you're under arrest I am not under arrest yes you are you're under assault for us we're gonna we'll talk to them okay had you done that instead of doing what you did no listen we have the law I do that you do not have the right well then they should have contacted you that's not our requirement you said and you approach me correct do you think I'm gonna let you approach me dressed like a police officer I don't OK that's not a reasonable you are not gonna arrest me and ruin my you got yourself arrested no no stop talking I'll explain to you but I'm not gonna debate with you you're either gonna talk to me and get your supervisor out here I'm not going to jail you obstructed I want to speak to your that's fine assault assault on a law enforcement officer you said I'm going to hit you right step out step out if you don't do that you're gonna get arrested step out you're really no no no really I don't know if you're going for the back officer I'm asking you politely I wanna speak to your supervisor I'll get the supervisor out here that's fine thank you you're still under arrest I am not yes you are I am not under arrest when I I'm trying to get my job done you are arrested why because you want to like be this power trip that's not it because that is a power trip stop talking to me I'll tell you what happens hey here can I get an ID no not yet not yet sir no no no reason yet cause we still gotta make sure you don't have anything on you so you're under arrest I am not under arrest you are not going you don't have a choice I want to speak to their supervisor I understand that I understand that you guys are only there for the job let me reach out to the corporate office of Wells Fargo this is ridiculous I've been in this I wanna speak to your supervisor that's fine you're still gonna get arrested right now when he gets here I understand he's frustrated I get that Kavita they approached me three officers with all this garbage and unnecessary roughness and and this is ridiculous I'm no no can you please can you I'm gonna stay here can you please no I'mma still hold you cause you're already pulling away earlier so who knows you might take off right now I don't know you are you seriously yeah I'm being serious hi Bruce Bruce this garbage not gonna be on my record can you untie these this is really hurting my wrist you've been resisting the entire time leave them where they are resisting yeah you can fit a finger he's good Shelby as long as we can fit a finger you're good so I'm telling you that this hurts I've already been roughed by another police officer I could have sued the department in Largo Florida and you're I want to walk forward or you're gonna catch another ticket you're not gonna get arrested I am gonna get on arrested you're not you got three people when I already been so you said you thought that we were imposters police imposters but now you're saying there's three officers so you can just don't don't twist your my word I'm not you're on I don't twist I don't care this one that's funny when it needs to be when I get rough up on my finger was busted by an officer and I was nice enough and I didn't sue so you think I'm gonna be you think I'm gonna be happy when three people are approaching me you that's bull I okay so my feelings are not valid right when we get to the point where we're uniform police we're giving you a law I do so you're tell tell it to the judge really I've been so nice with you trying to explain stuff and all you wanna do is yell over the top of us I can't even explain the basic stuff to you so this is information factual information you're gonna ruin my record you ruined your record you failed to follow lawful instruction and you obstructed us I've instructed you obstructed okay sure sure sure leave me alone do not pull away you're now charged with obstruction as well oh my God I'm getting in your car away when I just tried to have you this thing is hurting my wrist and you are grabbing me stop resisting can you every time we move you you pull away I asked you to untie me please they are hurting my bones because you're twisting and you're fighting put me in your vehicle and I get inside now have a seat oh my God now what would you like me to do have a seat please this is really hurting can you please unloosen it please sir my finger has been busted can you please unloosen this we will take you to a hospital and we will get you medically assessed wow if you're willing to calm down I'm happy to have a civil conversation with you but I'm not brother I'm sorry you didn't have a good experience with the previous department we got a call at Wells Fargo Bank okay with a robbery status okay look at you don't have badges or anything like that so we have the right to identify so when we're telling you hey step out do you have your ID we want to verify who you are so that you can't you couldn't yourself in a one way building where you can't access so the security doesn't have the management numbers that you can call that's not the responsibility first and foremost we're trying to make sure that there isn't a crime in progress we have the right to detain and identify everybody usually there's somebody here working but it's a holiday so if you're like I'm a contractor here's my contractor ID of my company and who I work for I told you I'm working on the facility you said no I'm not gonna ID and I said okay well did I not tell you I was a contractor do you see my truck with all that insulation so I'm supposed to recognize what you are but you cannot recognize what I am do you wanna talk to a supervisor yes how you doing sir what do you want inside yeah inside on this way how you doing officer I'm good man sir inside for me your supervisor is on this way figure out what's going on yes alright so you're not I will are you a supervisor I am but I'm not OK this is really hurt my bone my finger was busted you can see my finger and this bone is on you check the other one it's this one look at this see how I can't open it and it's hurting this bone please can you just push it up what is it the cops alright thank you so when we adjusted it before he was pulling away and trying to take off so just okay yeah I'm not gonna I can put him in two sets if you want yeah we might have to think two sets gonna help you a little bit better I just want my finger to not hurt it's hurting the bone listen it I've got enough room right there you're just gonna have to try to alleviate put your hands together it's gonna be a little bit better for you there's plenty of room on the cuffs a contractor at a bank officers responding to a robbery call one verbal statement 10 words that changed everything was this a lawful stop was the arrest justified and what does the law say about what happened next The Fourth Amendment permits a brief investigative detention without probable cause but it requires something specific Terry v Ohio 392 US 1,968 established the standard reasonable articulable suspicion that criminal activity may be afoot a robbery dispatched to this location on a holiday when no bank staff were available to verify identity that is the articulable fact that satisfies Terry under Heibel v Sixth Judicial District Court of Nevada 542 U S 177 2004 a state may compel identification during a lawful Terry stop without violating the fourth or Fifth Amendments Florida Statue 901.151 operationalizes this ruling officers who have lawfully detained a person may demand name address and explanation of actions refusal to comply does not create a legal exemption it creates legal exposure Pennsylvania v Mims 434 U S 106 resolved the vehicle's exit question officers may order a subject out of a vehicle during a lawful stop automatically without additional justification The Supreme Court held that officer safety concerns justify the order in every instance the subject's contractor status does not override this authority the totality of circumstances not self identification governs the Terry analysis Florida Statue 784.07 defines assault on a law enforcement officer as an intentional threat by word or act to do violence to another coupled with apparent ability to carry it out committed against an officer engaged in lawful duties classification first degree misdemeanor carrying arrest authority the verbal statement made at the 38 second Mark satisfies every element of this statute the objective standard governs the assault analysis not subjective intent the question is not whether the subject intended to strike the officer the question is whether a reasonable officer given the totality of circumstances would interpret that statement as a credible threat of imminent violence subject refusing lawful orders firearm disclosed in the vehicle explicit verbal threat that threshold is met probable cause exists at that moment Florida Statute 843.02 resisting without violence prohibits opposing an officer in the lawful execution of duty without resorting to physical violence the statute is satisfied by the subject's physical pulling away during arrest two charges two independent statutory bases each charge stands on its own elements case outcome the subject was charged under Florida Statutes 784.07 and 843.02 and sentenced to a pretrial diversion program diversion requires completion of defined conditions community service fees and avoidance of further law enforcement contact in exchange for dismissal without a criminal conviction entering the record prosecutorial discretion to offer diversion reflects the contested nature of the initial stop but does not negate the legal validity of the charges officer grade B minus the legal framework was correct throughout Terry satisfied Mims applied probable cause established in real time deduction officers never communicated the operational reason for the stop 14 words we received a robbery call and need to verify who is here were never spoken at first contact that omission narrowed the outcome it is the only material procedural failure in this encounter subject grade D+ initial position was legally defensible firearm disclosure was lawful supervisor request was a legitimate procedural channel all of it was forfeited at the 38 second Mark a subject who provides identification under protest retains every legal remedy department complaints civil consultation public records request with zero criminal exposure a subject who threatens an officer under 784.07 surrenders every one of those options at the moment the words are spoken three legal lessons from this encounter first a lawful stop authorizes identification demands compliance is not optional second words carry criminal liability a verbal threat meets the statutory definition of assault third the right to request a supervisor does not suspend a lawful arrest know your rights the statute attached to every word you speak the charges were resolved through diversion no conviction on record but the legal question this encounter leaves open is more fundamental if the reason for the stop had been communicated at first contact does this encounter still end in an arrest the law permitted everything that happened here whether it had to happen this way that is a different question drop your analysis in the comments
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