A woman is arrested outside a New Jersey bar, not inside, not on private property, on the sidewalk. Was the arrest legal? >> All right, KNOCK IT OFF. STOP. >> I'M LEAVING. >> LEAVE. DON'T. >> GET OFF OF ME. >> GO. LEAVE. GO. GO. >> I'M TRYING TO. >> WALK, THEN. >> [ __ ] YOU. >> YEAH. WALK. >> I'M LITERALLY TRYING TO. >> WELL, GO. >> GOD. >> GET OFF the property. >> I AM OFF THE PROPERTY. >> NO, YOU'RE NOT. >> THE SIDEWALK'S ON THE PROPERTY. >> GO ACROSS THE STREET. >> THE SIDEWALK'S ON THE PROPERTY. >> THE STREET. >> PLEASE, I GOT A HEADACHE. >> LEAVE. LEAVE. LEAVE. >> I'm literally on the sidewalk. I'm not doing anything. I'M STANDING ON THE SIDEWALK. >> going to leave or not leave? >> I'M LITERALLY TRYING to get off. >> going to leave or not leave? >> I'M STANDING ON THE SIDEWALK. YOU'RE ARRESTING ME. >> You're under arrest. >> Three charges were issued. Defiant trespass, disorderly conduct, and resisting arrest. Each one depends on whether the last holds up. That chain is where this case breaks down. Under New Jersey statute 2C:18-3, defiant trespass requires knowing presence in a place where notice against trespass has been given. The statute targets private property, not public rights-of-way. A public sidewalk is a traditional public forum. An officer's verbal order to cross the street is not the legal equivalent of a trespass notice. If the sidewalk is public, the charge fails as a matter of law. The New Jersey Appellate Division held exactly this in State versus Gibson. A street corner arrest was unconstitutional because the area was publicly accessible and no adequate notice was given. This case is directly on point. >> For what? For what? WHAT AM I UNDER ARREST FOR? >> GIVE ME YOUR ARM. >> Give me your arm. >> No. >> GIVE ME YOUR ARM. >> STOP IT. >> GIVE ME YOUR ARM. >> GIVE ME YOUR ARM. >> STOP. >> YOU'RE UNDER ARREST. >> GIVE ME YOUR ARM. >> GIVE ME YOUR ARM. Put your arm behind your back. STOP RESISTING. >> I'M NOT RESISTING. >> Put your arm behind your back. >> I'm just standing here. >> Put your arm behind your >> No. I'm just standing here. >> Come on. Stop it. >> I under arrest for? >> You're under arrest. >> FOR WHAT? FOR WHAT? >> YOU'RE UNDER ARREST. STOP. STOP. YOU'RE UNDER ARREST. >> FOR? >> STOP. STOP RESISTING NOW. STOP. STOP. STOP. >> RESISTING. >> STOP. >> PUT YOUR ARM UP. >> PUT YOUR ARM BEHIND YOUR BACK. >> I'M ASKING YOU TO >> STOP. >> I AM ASKING YOU A QUESTION. >> RELAX. >> WHAT AM I UNDER ARREST FOR? >> RELAX. Trespassing now. >> For what? >> Trespassing. >> I offered to leave. How am I UNDER ARREST? >> STOP. DON'T Don't lift up on me. >> I'm not. >> lift up, you're going TO GO ON THE FLOOR. >> YOU A QUESTION. I OFFERED TO LEAVE. HOW AM I UNDER ARREST FOR TRESPASSING? AWESOME. >> STOP. >> STOP. STAND. I'M UNDER ARREST. I need help. I'm asking you a question. I offered to leave. How am I under arrest? >> What? >> Can I have my phone, PLEASE? >> LET'S GO. >> I I HONESTLY DON'T UNDERSTAND BECAUSE I LITERALLY OFFERED TO LEAVE. I'M ON THE SIDEWALK. THAT'S NOT TRESPASSING. >> Make a hole, GUYS. >> HOW IS A SIDEWALK TRESPASSING? Please answer me. Because my act is A [ __ ] >> GOOD. >> PROSECUTE US. >> GOOD. GOOD. GOOD. >> WHEN THE trespass charge falls, resisting arrest follows. Under New Jersey statute 2C:29-2, a person must submit to arrest even if she believes it is unlawful. And the subject's physical resistance clearly meets the statutory threshold. But in State vs. Cain, the court recognized that an unlawful predicate arrest is a mitigating factor. A dismissed trespass charge makes the resisting arrest charge significantly harder to sustain. Disorderly conduct under New Jersey statute 2C 33-2 is the strongest charge. It does not depend on the sidewalk classification. The subject's conduct prior to arrival, lashing out at employees, sustained confrontational behavior may independently satisfy the tumultuous behavior element. One limit, City of Houston vs. Hill established that profanity directed at police is protected speech under the First Amendment. Prosecution must isolate physical conduct, not words, to sustain this charge. Use of force is analyzed under Graham vs. Connor. The subject actively resisted handcuffing over an extended period. The officers' control techniques were proportionate to that resistance. No excessive force is apparent. >> Then you call them then. >> Uh no problem. I'm asking you a question. I'm on the sidewalk, how is that trespassing? >> I told you to leave. >> I was on the sidewalk. >> go across the street. >> I was on the sidewalk. That's not trespassing. I'm on the sidewalk. >> You got to stop screaming, tell me to go [ __ ] myself. What else do YOU WANT TO SAY? >> ACTUALLY, no I didn't. >> It was all on camera. >> No problem. NO, I DIDN'T. I SAID I'm on the sidewalk, how is that trespassing? >> You're on the property. This whole block is the property of DJ. >> THE SIDEWALK IS NOT PROPERTY OF DJ. >> YES, you're on the driveway. >> is public property. >> for you and then you fight that in court. >> No problem. This sidewalk is public property. That's not [ __ ] property of DJ. I'm on the sidewalk. >> Yeah, okay. >> Okay, okay. Yeah, okay. >> You've been doing this a lot and you have >> property. >> disorderly, all right? So stop. And you're resisting arrest. >> How is that disorderly? How am I How am I [ __ ] resisting arrest? >> YOU SHOULD NOT QUIET. >> I'm asking you a question. >> we quiet? >> How was I resisting arrest on the [ __ ] sidewalk as I sat there on the sidewalk? >> arrest. We got all staring at you. >> You can sit there and you can [ __ ] GASLIGHT AND [ __ ] OUT of me. I'm asking you a question. >> Well, I'm not answering IT. >> I RESIST ARREST? >> talking to you. >> SITTING ON THE SIDEWALK AND PUTTING MY HAND BEHIND MY BACK. I PUT MY HAND BEHIND my back and I [ __ ] that's resisting arrest? >> Yep. >> By putting my hands behind my back on the sidewalk? No problem. I'm asking you a simple question. >> Well, I already answered it. >> PUTTING MY HAND BEHIND MY BACK is resisting arrest? How? How? No? You don't have an answer for me? >> You're being a feel what do you want to leave? >> That's combative? I put my hand behind my BACK AND I SAT there and I said I'm not under arrest. I said I'm on the sidewalk. That's resisting arrest? >> You don't obviously kick out. You don't listen to directions. >> How was that not listening? >> why you're THAT'S WHY YOU'RE COMING. >> THERE AND PUT MY HAND BEHIND MY BACK. HOW WAS THAT NOT listening to directions? How was THAT POSSIBLE? SERIOUSLY, HOW? >> GET IN THE CAR. >> How was that a question? >> Have a good night, all right? Disobeyed, trespassed, resisting, noise. Come on, man. Step out and I'll get those cuffs off you. Can you take a seat up in the front? You want to go in this store here? >> I'm sorry. I literally have a labrum tear in my right shoulder. >> we'll take them off in one second. >> I don't find the cuffs like that in front of me, that's fine, but behind is excruciating. >> Okay. They'll be off in just a couple seconds. You can go right in this room here. >> Mhm. >> Yeah. Here, I'll take them off. All right. Just stand >> Oh. Oh. Yeah. >> You can kind of sit on that bench. You can sit >> All right. It's fine. >> And then we'll put you in a holding cell just for temporarily, and then you'll make a phone call, have someone come pick you up, okay? And then just need uh any jewelry that's on you, any earrings or bracelet. >> Yeah. >> Get her in and get him out or get him Uh and put her on a release to his brother. And then increase her bail by that. He's pretty. And uh >> Follow me this way. We'll go down this hallway here. And then if you just stay cool, calm as you are, we'll get you out of here as quick as we can, all right? We'll go on to the next one, so that way you don't You can go in this one. One sec. Knock before I open you. >> [snorts] >> All right. And then we've got a blanket, too, if you're cold. Oh, all right. I'll be right back, all right, with the phone. F2. >> Just be careful the floor is wet out here, okay? Step over it so it doesn't get on your socks. >> [snorts] >> Straight up. You're going to make a right as soon as you go through the threshold. All the way down to the end, you're going to make a right and then a right. >> [snorts] >> Yep. You can now sit on the broad bench there. Female taken from female cells. Here's your property back there. Shoes. >> Thank you. >> Um go ahead and order your Uber and once you do that then we'll I'll go over everything. Being charged with is purposely cause recklessly create the risk of public inconvenience and noise or alarm, which is disorderly conduct. Resisting arrest and trespassing. All right, so you have those three charges along with noise and interference with business. And they all carry the same court date of 4 8 of 2025, which is April 8th, 2025. >> Okay. >> All right, it's at 9:00 a.m. It's most likely virtual, so contact the court they'll give you updated you know the update them with your email and so forth to make sure that you're getting the proper notifications for your for your court appearance. All right, these are your copies there. You can hang on to those. All right, [clears throat] I just wanted to verify that you got your phone, wallet, uh two bracelets. >> Three, yes. >> Three bracelets, all right. Just confirm the purse. They're all in there and two earrings. >> Yes. >> All right. That's all your property that we took from you? I'm just going to have you sign here. Today's date is the 2nd Oops, sorry. >> Thank you. >> Uh today's date is March 2nd. The time right now is 8:44 p.m. And just sign or print your name, whatever you're comfortable with. And that just That's just a form stating that we give you guys your property back. That's all that is. >> Do I have to say anything? Just listening to them for the last couple of hours, I have my cousin's state trooper, my best friend and her husband are both cops. Like my ex is a detective. I'm so SORRY THAT YOU GUYS have to deal with this. Like I understand I'm not the best ever, but >> Right, right. Something got you here today, but uh Thank you for being cooperative. >> like I had so much for me to just try to keep my mouth shut. I literally couldn't for so many times. >> Well, appreciate your cooperation in the back and that's just getting you out of here right now. All right. Um I'm going to walk you out to our lobby. >> [snorts] >> All right, you can sit in the lobby or you can wait right outside. >> Thank you. >> All right, whatever you do, please do not go back to All right, all right. Be good for the rest of the evening. >> Thank you. >> All right, good luck at work. >> Thank you. >> [music] [music]