He had two knives on him. >> He had the kitchen knife in his hand? >> The kitchen knife is from the from the kitchen, too. So, >> Which one? This one or this one? >> The big one. >> The big one is this one. >> This one or this one? This one? The little one. Okay, so yeah, okay. Whatever. Doesn't matter. Is this your phone? Is this your phone? >> In a New York building, a cleaning crew, a man they had seen before and hoped never to see again. What he was carrying that day would change everything. >> 11:20. >> On August 7th, 2024, officers responded to a New York building, an armed individual threatening cleaning staff, upper floors. This is what the law says about every decision made from that moment forward. The initial stop is grounded in Terry versus Ohio, 1968. A credible 911 call describing an armed individual on a specific floor constitutes reasonable articulable suspicion. No probable cause required. Detention is lawful from first contact. >> I'm there. Huh? >> The suspect's statement, "You don't have anything on me." signals awareness of criminal exposure. It does not constitute an invocation of Fifth Amendment rights. Officers are not required to cease their investigation based on a suspect's belief about the evidence against him. >> Where? >> Right here, he's sitting down. What's up? >> What's in the bag? >> Two of them. >> Okay. >> The bag search is authorized under Chimel versus California, 1969. A search incident to lawful arrest extends to the area within the arrestee's immediate control. With a confirmed armed threat on report, officers cannot allow a bag to leave their control before confirming it contains no additional weapons or evidence. Consent is not required. Probable cause for arrest is sufficient authority. >> I don't know any Spanish. You know what I'm saying? I'm going to give it all to you. >> Okay. Go ahead and turn around. >> Sure. >> Get up and turn around. >> Sure. >> You guys can turn around. Go ahead and put your hands against the wall. Put your Give me your hands up. >> You speak Spanish? >> What happened to the baby girl? >> Baby? >> What was stolen from the kitchen? This knife is my knife. >> What did they say? Did they say it was called a knife? >> The core charge is menacing in the second degree under New York penal law section 120.1 to 4. The statute requires intentional placement of another person in reasonable fear of physical injury through display of a deadly weapon or dangerous instrument. A kitchen knife qualifies as a dangerous instrument under New York law. Multiple corroborating eyewitness accounts satisfy every statutory element. The discovery of lock-picking tools elevates the legal profile substantially. Under New York penal law section 140.3 to 5, possession of burglar's tools with intent to use them is a criminal offense. Combined with the suspect's unauthorized building presence and the knife, this triggers burglary in the second degree. New York penal law section 140.2 to 5, a class C violent felony carrying 3 and 1/2 to 15 years in prison. Burglary does not require the underlying crime to be completed. Unlawful presence with intent and a deadly weapon is sufficient. Two knives were recovered. A large knife stored in the bag, a smaller knife reportedly carried in hand during the threatening conduct. Under New York penal law section 265.0 to 1, possession of a knife as a dangerous instrument is criminal possession in the fourth degree, a class A misdemeanor. However, when that knife is used in the commission of a violent felony, prosecutors may seek elevation to criminal possession in the second degree under section 265.00 to 3, a class C felony up to 15 years. The use of force analysis is governed by Graham versus Connor, 1989. Reasonableness is judged from the perspective of a reasonable officer at the moment of the decision, not in hindsight. Officers arrived to a confirmed armed threat in a confined building. The force applied, verbal commands and soft empty hand control, was proportionate and constitutionally sound. No excessive force issues arise on this record. Witness testimony here is legally critical. Illinois versus Gates, 1983, establishes a totality of circumstances standard for probable cause. An eyewitness account of a knife threat, corroborated by a second worker and confirmed by physical evidence of two knives and burglar's tools, satisfies probable cause for arrest on every charge filed. >> [clears throat] >> He get anything? The active warrant discovered during processing independently validates the arrest and forecloses any suppression argument based on disputed probable cause. Even if an appellate court later questioned the initial stop, the existence of an outstanding warrant under Utah versus Strieff, 2016, may cure the constitutional defect and preserve the evidence obtained. Witness testimony from the victim also establishes the intentional element required under both menacing and assault statutes. The suspect's enraged state described by the victim as red-faced, furious, directly addresses the men's rea requirement. This was not accidental contact. It was deliberate pursuit. >> You have your hands on him or what? >> Grading the officers B+, the stop was legally grounded. The bag search was constitutionally sound. Multilingual scene management was professionally handled. However, a brief coordination gap on whether the suspect had been fully searched and failure to obtain identification at the scene reflect minor procedural lapses that did not compromise the arrest, but fall short of exemplary execution. >> What am I asking? >> He turned him with that. >> You search him or what? >> You can go ahead and do that if you like. You need >> I don't speak Spanish, so I am >> Grading the suspect D, post contact compliance with officers is the only mitigating factor. The alleged conduct armed pursuit of a civilian worker, four prior incidents at the same location, possession of burglar's tools reflects deliberate criminal behavior. The charge profile is legally well supported by the physical and testimonial evidence on record. >> Okay, I get it. He turned it in, right? >> 10-25. >> Grading the victim A minus, the decision to seek safety and contact authorities rather than confront the suspect was correct and legally sound. The brief attempt to verbally engage the suspect at the scene was inadvisable. That exchange is best resolved through formal testimony, not street confrontation. The overall cooperation with officers was exemplary. >> Hey, we're going to grab We're going to grab everybody's police report. We'll bring him back. Come on, man. We're going to grab everybody's We're going to search his bag. Do you have anything else in the bag? >> No. >> No? You >> Key legal takeaways from this incident. First, a knife used offensively transforms a misdemeanor possession charge into felony level exposure when combined with unlawful building presence. Second, burglar's tools in a bag elevate a threatening incident into a second degree burglary charge. Third, an active warrant discovered at processing can independently sustain an arrest and insulate evidence from suppression challenges. Fourth, multiple independent witnesses providing corroborating accounts dramatically strengthen the probable cause determination at every stage. These four factors together explain why this case carries a felony charge profile rather than a misdemeanor outcome. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching and don't forget to check out our second channel Street Body Cam for even more police interaction and courtroom content. >> And we have an evidence bag or not? >> No, not on me. >> All right. Well, I'm throw all this stuff in this bag in this Duke backpack but there are burglary tools, lock picking. >> Yeah, and he's saying he definitely um managed to grab him. Okay, and he's saying he the gentleman saying that he was probably scared and had to grab from him. Yeah, he had two knives on him. >> Two knives, he had the kitchen knife in his hand. >> The kitchen knife is from the from the kitchen, too, so >> Which one? This one or this one? >> The big one. >> This one or this one? >> This one. The little one. >> Okay, okay, so yeah, okay, whatever. Doesn't This is your phone? This is your phone? >> He says that what happened? >> Uh sir, uh yes, this gentleman said he was, you know, going about his daily duties. He had uh he encountered this gentleman. He had the small knife in his hand. He menaced and threatened him with it. This gentleman feared for his life, grabbed the grabbed the um pick >> He chased me around. >> Yeah, because you had a knife in your hand. >> We're not We're not doing this right now. Be quiet. >> Um And uh this gentleman had to, you know, feared for his for his life and grabbed the uh painting pole to defend himself. >> Four times? So, he says he has four reports on this gentleman. >> I was trying to see if he swung the knife at me. >> I was trying to ask >> Okay. >> Let's go. Let's go. >> You want to come downstairs or go this way? >> Thank you, sir. >> Did you see anything at all? >> Uh throw me in my car? >> Throw me in my >> Back door? >> Sir, I hate to ask you this, but can you get something out of my car? >> Once we get to headquarters, we'll do that. I'm not doing that right now. >> Good. >> What's up? >> Back door? >> Back door. >> No no, put them on your side. >> Good. >> Rutkowski, just go on the other side. Grab the seat belt. >> All right, send it. >> Good. >> Good. >> Huh? >> I'm ready. >> Sounds like a plan. >> Okay. >> Okay. And I'm going to throw this one here. 127 127 One male 10-25 from our location to headquarters. Starting mileage 382 85.9 Let's keep driving. I love how he put his hand up for the license but he didn't even mind them but he kept going. What's this guy's name, bro? I didn't get anything. The bus, what's his name? What is it? Give me that. Give me Why you have burglary SEO? He was just listening to that one. >> Which one? I don't think he was till he got booked in there before. Uh I'm saying. >> It's going to be Is he going to have a hot prowl with a deadly assault weapons? Transit to transit. >> 34. Okay, 34 10-300 full disclosure. It's going to be for a 70-year-old female. >> 207 in mileage. 382 86.2. Is this cut? Good. Let's go over here. Uh Yeah, that one's mine. The one all everything to the left is his. >> I've got two people on >> No, it's over here. Is this the wall? Little brother. Little brother. >> Yeah, I'm Joe. You are using a >> Once the cuff comes off, put the left hand on your on the wall. Search you one more time, man. >> Fire received. Is that the gas station on the corner? >> That's slow, man. >> Chasey. Chasey, you got anything on you? Put your shoes back on. Yes, lady. Yes, sir. >> [music] >> Put your shoes in the front of the vehicle, ready? Do you know where you're at?