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Hey Jasmine. >> [music] >> Sorry. So, when your bag went when you went through the security checkpoint, your bag went off, okay? I'm going to need to check your bag to make sure you didn't steal any merchandise. Stop right now. >> Get off my bag, sir. >> Let go. Let go, Jasmine. >> Get off my bag, bro. >> Jasmine, you need to let go. >> Get off my bag. Get off my bag. >> Relax. Let go of the bag. I'm going to search this. >> Stop touching me and get the [ __ ] off my bag. >> Don't tear. >> On April 6th, 2022, Pensacola Police Department officers responded to a retail store in Pensacola, Escambia County, Florida. A customer had been asked to leave. She hadn't left. What followed was a $40 shoplifting call and two felony charges. The real issue here is not the stolen merchandise. It's what happens the moment a person physically resists a lawful investigatory stop. >> This business, they can ask anybody to leave that they want to leave. >> can't come back? >> Uh well, they do want to trespass you, I believe. But, um the most important thing is if a business owner asks you to leave, you're supposed to leave the premises or you can actually be arrested for that. >> told me that he wasn't the owner and that he was just a manager. >> Well, the manager said she had she had asked you to leave as well. Bottom line is though, if a business asked you to leave, you have to leave. It's a private business, they can do that. Someone could do it at their house, too. If someone's If you're at someone's house and they say, "Hey Jasmine, we want you to leave." and you say, "No." >> they didn't want me to leave. They said they wanted me to stop trying on their [ __ ] >> Okay. Well, maybe it was a miscommunication. What she told me was that they asked you to leave and you got nasty and were swearing and just making a fuss. >> said you just said you said, "Suck my dick." and I was like, "Well, I don't have a dick. >> don't need to repeat that anymore. >> So, why would I say that to you, sir? >> Um Demi Moore said it in GI Jane. Worked for her. >> Huh? >> Sorry, a little bit before your time. Um are you a manager? >> Yeah. >> Okay. Just tell her she's not welcome back and we're good. >> We already trespassed you. You're not welcome in the mall right now. >> Okay. >> And how long are you here? >> So, Jasmine, hold on. Listen for a second. Have you ever been trespassed anywhere before? >> No. >> Okay. So, the way this works is if you come back for any reason within the next year, that's as long as it can be valid for. >> Is it just a year? >> This next year, listen carefully. If you come back for any reason, you can go to jail. Okay? So, just you can go anywhere else in the mall. That depends on the judge. You'll go to jail, you'll get booked, and you'll have a trial, and the judge will determine if you get what your sentence is. But, you need to leave right now, otherwise I'll take you to jail today. >> I mean, I'm going to leave right now, but I'm going to come back in here regardless because >> If you do, they're going to tell us >> take me to jail, yeah, but I'm not going to be in jail for long, and then they're just going to let me come back. >> So, Jasmine, I need you to leave right now, or you're going to go to jail today. All right. You got your ID card by chance? >> Yeah, I don't know if that's a >> Yeah, it'd be easier. The state of Florida prefers in cases like this that we issue what's called a trespass warning. It's basically a civil Not shocking. >> It is a petty >> Was that their Was that their uh Do you want to follow up on that? >> Well, she's trespassed once, so she can come back regardless. >> She baked whenever she walked out. Is that it, though? >> Well, I kind of figured something was out there. >> Do you want to follow up on it or no? >> Um, I mean, I don't know if we can check her bag, then yeah. >> Well, we have we have reasonable suspicion at this point. >> 10-32 10-30 80-41 778 10-20 >> Hey Jasmine. Sorry. So, when your bag went when you went through the security checkpoint, your bag went off, okay? I'm going to need to check your bag to make sure you didn't steal any merchandise. >> This is the shirt that What's it called? These are my pants. My sweatpants. >> Okay. Hold on. I need you to put this down for me. I don't want you reaching in there anymore. Stop right now. >> Get off my bag, [ __ ] >> Let go. Let go, Jasmine. >> Get off my bag, bro. >> Jasmine, you need to let go. >> Just relax. Get off my bag. >> Relax. Let go of the bag. I'm going to search it. If you don't If you don't relax, >> Well, hey hey hey hey. >> you're going to end up getting an additional charge if you don't stop it. Stop right now. >> Stop. >> Don't scare >> Don't you bite him. >> 147 is called. >> 147 >> 137 Not right now. In a minute. In a minute. >> I'm going to jail. STOP HIM. CALL MY DAD SO HE CAN KNOW I'M GOING TO JAIL. >> You're going to stand up and I'm going to have this officer search you. Do you have anything on you going to get you in trouble or get her hurt? >> [music] >> Stop. Stop fussing with the cuffs. Stop fussing with the cuffs. >> It's not going to make them go away. Why is you in my vagina? >> Have a 428 be ready. >> I'm going to stand her up. >> I got that pocket book. >> Stand up on me. >> Stand up, Jasmine. >> Stand up. >> Well, then stand up. >> Which pocket you? >> All right. But those are my Polo pants that I bought. >> Okay, we're going to sort that all out. >> You need another 177. >> All right. I'll hold on to her. You want to search or you want to hold on to her while I search the bag? >> Yeah. >> You got her? >> Yeah. She's good. >> That's the 177. She needs another. >> Uh she had the underwear in the pocket. I don't know if that's theirs. >> Okay. >> Uh 130 is going to get out with me. >> Do me a favor, go grab that manager, bring him over here. >> 177 go ahead and clear 28. >> Those are Polo pants with belts. >> Yeah, floor tag. >> I was like >> Foxtrot Charlie X-ray Lima Victor. >> You were planning on what? >> Going somewhere tomorrow. Like to put those on. >> Okay. >> 1034 can I speak to a supervisor? It's a Darlene Jones. The card expires 9 of 23. >> 10-4. 10-4, you got them? Yeah, you can't tell anybody currently to me. They're having a problem with it. >> Are either of these yours? >> Yeah, this is ours. >> Okay. >> Going on, I'm not I got them on my trash and water bird. 10-4. >> No. No, ma'am. No, ma'am. No, ma'am. >> 10-4, I'm out. 10-7. >> Make them a little tighter on her. She's got little wrists. >> She's trying to take them off. Okay, let's Stop. Stop. >> [ __ ] what the You need to stop. >> Stop resisting arrest or I'm going to charge you. >> 10-4. >> All right, that's battery. >> that's touching me. How >> Then stop. >> You are under arrest for shoplifting. >> Okay. >> When Jasmine passed through the exit sensors and the alarm activated, that changed the legal frame entirely. Under Terry versus Ohio, officers can briefly detain a person when there is reasonable articulable suspicion of criminal activity. The alarm, the prior dispute, and the manager's report cleared that threshold. While some argue a sensor alarm alone is insufficient, courts consistently apply the totality of circumstances standard. Here that totality is clear. Still, had Jasmine allowed the bag check, this likely ends with a misdemeanor. What she did next is where the exposure multiplied. We will worry about that later. Stop resisting. STOP TRYING TO SCRATCH ME. STOP TRYING TO SCRATCH ME. >> STOP. >> Then stop. >> STOP YOU DOING ALL THAT [ __ ] BRO. >> STOP. STOP. You have to calm down. I'm going to tighten the cuffs to keep you from escaping. >> You're hurting me, [ __ ] >> Then calm down. >> Yeah, yeah. Yeah. >> 10-4. >> There you go. Scratching. >> What about that other side in there? Ask him if he knows her, too. >> You just got yourself a felony charge, Jasmine. >> Let's go take her to your car. >> Okay. >> And we'll come back and deal with this hard. >> All right. >> Come on, Jasmine. >> Stand up for me. Stand up. >> Stand up. Where's my bag at? Right there. It won't The lady right there. >> Nope. >> You can stand here for me, okay? Go. >> I want to >> my bag. >> It will come with He's going to stand here. >> Okay. All right. >> Come on. He's going to stand here with your bag. Your bag is going to come with us. Just walk. >> You are not getting away. Stop it. Stop. Stop resisting. >> STOP, JASMINE. >> I'm not even >> You are going to jail today. It is happening. Stop resisting. >> Stop. >> Walk. >> You just broke my chain, bro. >> Well, if you would walk, this wouldn't happen. Walk. >> Stand up. >> Come on, Jasmine. Stand up. Act like an adult. Hold on. >> Get another officer to drag her. You know I can't get the cuffs off. Stop it. Stop. >> How about I give y'all all the money that y'all need for them outfits that was only 20 bucks? >> Time for that has passed. You want to get up and walk? >> Stop. What are you doing? You let go. >> Stop kicking me. >> I'm not kicking you. I'm trying to get out. You can't get out. Stop. >> This is not a game, Jasmine. I'm going to roll her over on her stomach. >> Jasmine, you don't kill me like how y'all did George. >> No one's going to do anything. >> No one's going to hurt you. >> Just >> is on you. >> Stop. There's gum in my hair. Can you take it out? >> No, I'm not worried about that right now. >> 1:30 hours unable to copy. >> So, when do I get out today? >> Well, you're going to have a very high bond, so It will depend on how much money you have. >> Which was only $40 stolen? >> You battered a law enforcement officer and you resisted arrest. >> I didn't batter anyone. >> Okay, talk to your lawyer about that. >> I don't have a lawyer. Call my dad though to let him know that he spent >> I'll call him when you're at the jail. >> NO, CALL HIM NOW cuz he's the one that dropped me off. >> No. >> You want us to call him? >> Yes, can you call him? >> we'll call him if >> You get up and walk. >> Listen to me. You get up and walk, I will call him. >> Okay. >> You're going to get up and walk? >> His number is 850-5 >> I'm not going to call him till >> that when you get to the car. >> Until we're in the car. Once you're in the car, I will call him. >> Stand up, Jasper. Put your hands behind your back where they belong. >> at? >> I will get your bag. Do you want me to call your dad or not? If you give us a problem, I'm not calling your dad. >> Call my dad. >> I will as soon as you get in the car. >> We will call you as Call him as soon as you get to the car. >> 700. Y'all pulling me the wrong way. >> You're the person who >> way. >> Your hands are under your legs. Now, stand up. I'm going to roll you over. It's easier if you do it from your side. Stand up. There you go. Come on. All right. All right. Come on. She keeps trying to get out of the cuffs. Stop. >> You going to walk this time? >> You going to walk? >> I got my titties out and everything. >> That's on you, Jasper. >> NO, THAT'S THE ARM. STOP. >> WALK. WALK. >> Turn her this way and drag her. >> Stop trying to twist it. >> I'm going to cry. That's from you. THAT'S FROM YOU, [ __ ] >> OKAY, STOP. I got it. She's going to fall though. We're going to have to grab her feet probably. Here you go. >> I'm telling you it's much easier. >> All right, that's fine. She's not Listen. >> It's much easier. My dad is in the mall. You can go see him right now. >> Let's go this way. >> Turn her back towards us, guys. Now. No, no, turn the sirens turn the >> Oh, yeah, yeah, yeah, yeah, yeah. Come on. >> All right, that'll work. >> Okay. >> Yep. >> Yeah. >> Come on. Here we go. >> Out to the right. >> A thousand dollars. >> Hold on. I want to cuff her one more time. She keeps slipping these cuffs. >> Stand up. Put your hands up. >> Make sure the key ways are on the bottom. >> Am I bleeding? >> No. >> I am. >> Cuz you keep cuffing them around me too tight. So, I can get out when my dad pays off the loan. >> We're not going to talk about that right now. Just get in the car. >> Easy. >> All right. Is that from her nails? >> Yeah. Nasty ass nails. >> No, it's from the other day. >> Hey, hey, hey, hey, hey. >> Hey, there. I don't want to trespass in the mall, too, as well. >> You didn't cooperate, Jasmine. We'll call them in a bit. Gentlemen, sorry about that. >> I'm not worried about the nails, man. I legitimately wanted to help you, but I'm like, I don't want to get anybody in trouble, but I just >> No, no, we had two officers and she wasn't really It was more about keeping her safe than her hurting us. But, she did scratch me. >> Oh, wow. >> I'll get >> So, this isn't y'alls? >> No, but >> The moment Jasmine grabbed the bag from the officer, she crossed from a Terry stop into obstruction. Florida statute 843.02 prohibits knowingly obstructing an officer in the execution of their duties, a first-degree misdemeanor. The sustained kicking, scratching, and attempted bite then triggered Florida statute 843.01, resisting an officer with violence, a third-degree felony. Under Graham versus Connor, force must be judged from the perspective of a reasonable officer on the scene, not hindsight. Given Jasmine's active resistance across multiple minutes, the escalating restraint employed falls squarely within that standard. The officers did not initiate force. They responded to it. The second felony came from a scratch. Under Florida statute 784.07, any intentional offensive touching of a law enforcement officer during the performance of their duties is battery on a law enforcement officer, a third-degree felony carrying up to 5 years in Florida state prison. That said, battery on a Leo from a scratch is a charge prosecutors weigh carefully. The injury was minor. Whether it gets filed as a standalone count or rolled into a plea depends on the state attorney's office discretion. The base theft charge falls under Florida statute 812.015, retail theft under $100, a second-degree misdemeanor. The value confirmed on camera was roughly $40. Under Florida statute 810.09, a business can prohibit any individual from returning for up to 1 year. Jasmine stated on camera she intended to return regardless, a statement with direct evidentiary value in any future trespass prosecution. The lead officer handled the trespass process with notable patience, explaining the law accurately and giving Jasmine repeated opportunities to walk away. During the arrest, he escalated force only in response to her resistance, checked her wrist for injury mid-custody, and responded correctly to her George Floyd reference. Jasmine entered this call with misdemeanor-level exposure at most. She left facing two felonies. Every decision she made after the alarm activated, refusing the bag check, resisting, scratching, kicking, added a charge. Lesson one, a trespass warning is not a negotiation. Florida statute 810.09 gives a private business authority to exclude anyone for any lawful reason. If you believe the exclusion is wrong, the remedy is a lawyer in a civil claim, not refusing to leave. Question two, a bag check following a security alarm is a Terry stop, not a voluntary search. Physically preventing it converts a brief detention into an obstruction charge. Lesson three, the charge stack is real. A $40 shoplifting call, a second-degree misdemeanor, ended in two third-degree felonies. Every act of physical resistance added a count. Drop a comment if there's a body cam interaction or legal issue you'd like covered. Thanks for watching.
Danger Zone

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