I'm going to give you one more opportunity. Place your hands behind your back. >> I'm not being arrested for the arrest or force will be used against you. >> Physical force is going to be recorded. >> Physical force is going to be used against you. You are under arrest. >> Like Kyle, too. Really? >> Roll over. Roll over. Roll over here. Hold. Pull that arm this way. >> On March 30th, 2024, Fairfield, California, a woman refused to [music] leave a Target store after being asked three separate times by security. Officers were on scene for roughly 13 minutes. The resisting charge was eventually dropped. The real issue is not whether the arrest was justified. It is whether she understood what refusing lawful orders actually costs. Her heart right here right there in all blue. >> Hello, police department. >> Hi. >> Hi. >> So, the store has asked you to leave. Could you please remove their merchandise and leave? >> I can't leave. I can remove my merchandise. >> Thank you. >> Don't let them call the police again. >> Drop the purse. Take the shoe off. >> This You don't know what's mine. >> It's got the tag on it. >> You don't know that. My shoes are over there. You don't know what I know. >> Where? >> Oh. Woah. Woah. Woah. Woah. Woah. Woah. Woah. Woah. Woah. Woah. Uh-uh. You hold on. Nuh-uh. For what? >> I'm under arrest. >> For what? >> For trespassing. >> I'm not trespassing. >> You are? >> No. My my thing is let go. >> No, I'm not. >> Let go. Under arrest. >> I'm not under arrest. I haven't done anything wrong. >> What have I done wrong? >> Okay, listen. We don't need to escalate this. >> What have I done wrong then? Can you please let go of me? >> Listen, I've already told you. They've asked you several times to leave. >> Who is they? They haven't asked me to leave. No one. No, they have not. >> Okay, I'm going to give you one more opportunity to place your hands behind your back. >> I'm not being arrested. >> Submit to the arrest or force will be used against you. Physical force is going to be used. >> Physical force is going to be used against you. You are under arrest. >> Put your head behind your back. >> I didn't do anything wrong. >> Listen, >> I'm not admitting to thrown on the ground. >> You need to tell her that then. >> Stop. >> I'm not going to jail. I didn't do anything wrong. >> I didn't do anything wrong. >> We're going to ask you one more time. You do this for my child, too? Really? Roll over. Roll over. Roll over. Here. Hold. Pull that arm this way. One. And we're fighting. Hold that one here. That one went under her body. Hold that one. >> Women's clothing. Ouch. You [ __ ] [ __ ] >> Stop it. You're hurting, you stupid jackass. Stop it. >> I got to hold this one. I'm trying to put these back. >> Stop it. You're hurting, you stupid [ __ ] >> Stop fighting. >> Who's fighting? >> You are. >> How? So, >> you literally almost >> I'm fighting. You're literally making me I better have a key in my car. >> I'm looking right at it. >> That's my key. >> It's not your key. >> Play this. >> You also bit my finger. >> You also made me do this thing on this. Here we go. Yep. Put that there. >> Stop. I'm not a [ __ ] dog. Stop. Stop it. Stop. You cannot pull me up in the >> That one. That one. Pretty sure she hit herself. Yeah. >> Hip your knee off me. >> You okay? >> Yeah. She bit my finger. >> Hip your [ __ ] knee off my [ __ ] ank. >> You're hurting my wrist. Will you break it? I'll let you know who did it. >> Okay. Well, you need to stop fighting. >> You need to stop making me. >> We're not. >> Oh, you certainly are. You started from the start. >> As soon as you walk up to me, you [ __ ] start harassing me. >> You guys sit down. >> You going to be cooperative? [snorts] >> No. No. Cooperative. I'm cooperative. [ __ ] take me down to the store. I have property in that [ __ ] truck. >> Listen, it's Stop. You're going to be cooperative where I put you in property in the truck that you have the key to. >> Okay. >> Before truck, >> we're going to give you one opportunity in your hand >> to walk out of here. >> Okay. If you don't, >> you're going to go on a rack. >> I'm going with my property. >> Okay. >> One opportunity. >> We're going to stand you up. Okay. >> Take the shoe off. It's not yours. My property is in the car. >> Take your shoe off. >> My property is in the [ __ ] >> Take that shoe off. >> Right here, too. I have property in this car. >> Take the shoe off. >> No, my shoes are over there. Take my shoes off. Take it off. >> This is stuff I have in my stuff in here. I have things that belong to me. I'm not leaving the store without it. >> You're going to bring it back to me then? >> I hope I'm right now. >> Is your favorite good? No. >> Are you in front of Stop doing that? >> I can't believe you bit my finger. >> Or stomp my toe. >> [ __ ] [ __ ] you. >> You're pressing too hard on my [ __ ] arm. Why are you doing that? >> Stop. >> No, you stop. You're pressing too hard on my arm. >> Stop. >> I'm giving you an opportunity. I'm at the store now. You're going to jail now. >> You're lying to me again. >> Stop it. You're hurting me. Why are you doing this? >> I think they just >> Stop it. You're hurting my wrist. [clears throat] Don't break my wrist again. >> I'm Don't break my wrist again. >> I have an X-ray that can prove my wrist has been broken. You want to break my wrist again? Go ahead. Stop looking at me. You're not a male. That's a male. >> No, >> she's requesting a female. >> I didn't request a female. I said you're not a male and that's a male. >> I don't understand. >> Exactly. I don't understand why I'm here it either. >> I'll get the clothes off at the jail. >> Oh wow. At the jail. I'm getting arrested for what? >> I think she pooped herself. >> Who called the medic? Oh wa wa wa. Don't touch my butt. >> You got anything on that side? >> You think I pooped myself? Feel like a goddamn baby. Why are you twofing my wrist? I told you you broke it once already. >> I have You need to stop. >> Stop. >> You need to stop. You're the problem. >> Hey, everyone's going to stand around and let this happen. I hope someone has a captain. It's not funny. >> Sit down. >> Don't talk to me like I'm a child. >> Act like an adult and I won't. >> Wow. >> Sit in the car. >> Mind you my business acting like an adult already. >> Please don't touch me. Please don't touch me. I feel so violated. Really? >> Sit in the car. >> I might have pooped myself. >> Then get in the car. >> Who the hell are you? >> Sit in the car. Come on. >> Don't touch me. >> There you go. Thank you. The pivot point comes around the 2minute mark when the officer states, "Submit to the arrest or force will be used against you." California Penal Code section 148, Subdivision A, paragraph 1, makes it a misdemeanor to willfully resist, delay, or obstruct a peace officer performing their duties. Still, a reasonable counterargument exists. She believed the merchandise was hers and the store's request was harassment. Courts have held that a subjective belief of innocence does not negate the willful element if the officer's authority was lawfully exercised. What follows takes the situation into significantly more serious legal territory. And it starts with a single act most people do not think through in the moment. >> Hello. So, you were saying you had one video of >> Yeah, that's what we need. Um, the clothing that's on her. I'm pretty sure she might have defecated on her. >> That's why it's totally fine if you have to get I don't even want the clothes back to >> Okay. Did she have any property with her? >> No, she literally came out with pretty much nothing. Like >> Did she have shoes on? >> Yeah, she had Vans on. I can go in the clothing department and see if there's anything she has besides that. >> Does you have enough info to log the RP? >> I'll get it. on. >> Okay. Perfect link. Thank you. Log one by name. Okay. Uh, when you get the uh footage, is that number you called us on your cell phone? >> Yes. >> All right. I'll send you a link so you can upload it. >> Like the Avon link and everything like that. >> The Axon Axon. Got you. Yeah. I can start working on all that stuff. >> And you were here while we were talking to her, right? >> Yeah. I have the whole deal. >> Did you hear us tell her that we were the police? Yes. >> Did you hear us tell her that she was under arrest? >> Yes. >> Okay. >> Thank you. >> All right. Cool. >> You want me to just email it to this one then or I'll >> I'll send you a link tonight. Um what time you off? >> I'll be here till 11:00 cuz we got to do like a very close night for you. >> Okay. If you don't get if I get tied down and you don't get a link from me, just email it to me when you get it. >> Okay. You'll probably get like it'll be under like a one drive is what it's called. So you'll be able to just click it on there. >> All right. Sorry this happened. like the name and stuff or >> I don't even know her name yet, but when I do, I'll make sure you get it so you could trespass her. >> And they never walked out the moment where I was like, >> "No, but it's 602 cuz she was asked repetitively to leave." >> Yeah, cuz she's saying cuz she was about to try to steal it, right? >> Well, she said all she walked in with was nothing, so she doesn't have means. So, I'm going to do the 602 and then the >> Yeah, it's technically not a theft. She never left the store cuz he was insisting it was a theft. I'm like, I don't think so. >> Good enough. >> Okay. And then, um, are you injured? >> No, I don't have any. My fingers red. >> You want me to do the battery? >> Make sure. Actually, is that a bite mark? I don't know. Is that a picture of it now? >> What's your copy video? >> She can like hear everything in it. What's your name? >> Where are you from? >> You just told me I can hear you. >> What's your name? No name. >> All right. I'm just going to have to get my finger for error. Get your finger. So >> Sarah. >> Hey, Sarah. What? >> What's your last name? >> What? >> What's your last name? >> What' you say? >> What is your last name? Penady. >> Does he have a name or not? >> No. >> Oh, all right. Miss, can you lean forward real quick? I got to get your your thumbs. >> You got to get my thumbs. >> Mhm. If you could just push your thumb like that. So, your right thumb. >> I guess you don't have to do it. I'm not going to help you. You arrest me. You don't have to do anything. I didn't do anything. I never did. >> Sorry, I have to push down. >> I never did anything. >> I never had a chance to. >> It's not working. You have anything on your fingers? >> Sorry. This is >> for some reason your fingers just not picking up. There we go. Okay, let's see the other ones. >> And I don't know what the extent was. >> What's that buzzing thing on his phone? >> It just gives me confirmation that it >> I'm alive. >> The 243B or whatever the assault on a police officer >> 69. >> During the struggle, the subject bit an officer's finger. That act triggers California Penal Code section 243, Subdivision B, battery on a peace officer, which covers any willful and unlawful use of force directed at a peace officer performing official duties. The law does not require serious injury for 243b to apply. Any offensive physical contact is enough. No medical treatment was documented on camera, which typically keeps the charge at misdemeanor, but it still carries up to one year in county jail as a separate count. On the trespass charge itself, California Penal Code section 602 requires proof that the defendant willfully remained on property after being asked to leave with intent to interfere with the property owner's rights. Security confirmed three separate requests. All elements were directly observable. The officers charge 602 trespass rather than shoplifting under California Penal Code section 459.5. Shoplifting requires the subject to have exited the store with merchandise. She never left making shoplifting legally unsupportable on these facts. The use of force question follows Graham versus Connor, the 1989 Supreme Court standard measuring force against what a reasonable officer would do given the totality of circumstances. Active resistance, a bite, refusal to extend hands, and two prior warnings all factor into that calculation. No taser, no spray, no impact weapon. Force stayed at the lowest effective level given active physical resistance. that is directly relevant to Graham compliance and it held up here. The officer's approach was legally grounded throughout verbal warnings before contact, correct identification, solid legal basis, and accurate charge selection at booking. The profanity during the struggle is a professionalism issue, not a legal one. On the subject's side, each refusal compounded her exposure. The first made arrest likely, the second made force authorized. The bite created a separate criminal count on top of the original misdemeanor. None of that was inevitable. First, location matters legally because she never left the store. Shoplifting could not be charged. That single fact shaped every downstream legal decision in this case. Second, once an officer gives a lawful arrest warning, disagreeing with the arrest is not a defense to resisting it. The remedy for an unlawful arrest in California is a court challenge, not physical resistance at the scene. Third, the bite turned a misdemeanor trespass into a multi-count case. The impulse to fight back in the moment almost always makes the legal outcome significantly worse. The resisting charge was dropped. The trespass charge held. The store ban remains in effect. That is the outcome of a series of decisions that could have ended at the first ask. If there is a case or a legal topic you want covered, drop it in the comments.