okay no I'm not yes you are no I'm not cause I'm talking don't not take my phone unlawful transit conduct arrest date a October 3:20 25 four fifty two PM lash Pierce County Washington RCW 9 91 2 5 Unlawful Transit Conduct Agency Pierce Transit Pierce County law enforcement at legal is use SSX Amend Fourth Amendment First Amendment 14 c 9 a she refuses unlawful transit conduct unlawful transit conduct let's go where's she at right there in front on the phone yeah I wanna talk to the principal what happened so she got on the bus and she walked past don't do no slandering me as you see she's listening to everything I say and I'm slandering her you just want her removed yes please OK I told them all day pass so what happened oh she just walked by him yep he just want to remove he's lying that's why he's lying cause I don't know why he want me to remove OK well you didn't let me but did you actually tell everybody else to get on for free though so that's the form of discrimination so anyway I'm on my way to work hey show hands who wants this lady to leave the bus so you can get on um who show hands show hands OK cause I didn't get oh well actually you got a body cam on cause I I do my pass yeah OK so that's quite a bit of hands I still OK anyway go check everybody for their pass that's not my job OK well it should be his job thank you the bottom line is you gotta go yeah I'm doing mine I'm gonna go do you have that you gotta get off this bus OK anyway don't have nothing to do with that he lied on me to you guys so you so you know look at all the people you're holding up right now they want to get moving anyway I'm on my way to work so what are you talking so we can call you supervisor what what OK your supervisor who are you check everybody on this bus thing not doing that yep okay well then ask again you got two options official misconduct you got two options I'm just saying I'm not getting full enjoyment of the services rendered so let's make this civil matter okay I'm still moving forward thank you okay so two check everybody on this bus right now two options you're gonna leave the bus check everybody on this bus right now or you're gonna get arrested for unlawful bus conduct okay so that's a lie that's a Trump it's not a lie that's a Trump charge you have a pathway to leave that's one of your options or you're going to jail okay well who's supervising you on the phone you leave or you go to jail that's it so that's a threat it's not a threat oh it's a threat so you're abusing your power position or authority okay well he just lied to you guys and your uniform is not clean you're holding up on I'm not holding up anybody I'm just saying just wash it keep your hand out of her purse anyway what are you talking about it's a pass what are you talking about we're gonna tell you one more time we have two options why the cameras on yep okay see the red light so did anybody else pay did anybody else pay you let anybody else on for free though right yes I have with me OK again form of discrimination look we don't wanna do this OK it's Friday OK R C W 9 dot 9 1 0 1 0 so there's no such thing there's no such thing yes it is pulling your no it's not surrendered and I'm not Rosa Parks so two officers right now let me get a card you have to get off the bus first let me get a card you have to get off the bus first let me get a card no you'll get your card off the bus let me get a card so that these people can get on with their day these people that's a racial remark it's not a racial remark yes it is these people there's a whole bunch of all individuals check everybody I'm just saying okay again okay two options two options we're gonna wait for your supervisor two options hello either live yes with us officer what I don't see your name is Morey Kola okay Morey whatever what is it d m o R I K K a K W and a d a G a P O V I would like to supervise this here because this driver just made a false statement of me no he's the captain of the ship okay anyway he's really not when I just caught on yes so are you cleaning this up cause you're a public servant or not okay that's it that's it don't do that I'm talking then you're under arrest okay no I'm not yes you are no I'm not cause I'm talking do not take my phone you're gonna go to jail do not take my phone you're gonna go to the ground do not take my phone don't take my phone please don't do that don't take my phone put your hands behind your back I got my driver's license put your hands behind your back right now OK are you upset I'm not upset I'm not resisting I need to go home I need to go home and you're taking my phone OK great can you not do that thank you I'm not fighting you're lying behind your back I'm not fighting I'm not fighting sir can I get my phone okay I wanted to get off and I showed you my pass but I showed you my pass don't do that I'm not resisting I'm not resisting sir I'm not aw can I get my phone please why did you make me do that I did not you didn't give me a chance to get off the bus I gave you like 3,000 chance okay but he lied do you know that the reason is calling oh my goodness yes it is do you know he lied okay everybody else have a nice Friday yep thank you get up get up thank you come on thank you for putting me in a hard situation thank you thank you thank you sir for putting me in a hostile situation we're gonna grab your information real quick yes sir I didn't do anything wrong okay you are under arrest for what unlawful bus conduct oh that's a lie nope not a lie yes it is because I got on I bought it for everybody on the bus for free I was talking to his supervisor so again a form of official misconduct on a false statement and I didn't do nothing wrong and then he let everybody get on the bus for free two three negative or one can downgrade oh but guess what there's somebody on the bus and they got alcohol oh my gosh you didn't take them but thank you for being a predator behind my back and I was not harassing anybody but check everybody cause they got alcohol on the bus thank you I see you look at me here's my all day pass yeah OK ma'am can you bring it to me so I can see it well you don't have to see it blah blah blah blah blah blah you know she went off I'm like ma'am I need to see the expiration date going out on there and then she's like you're harassing me um he's heard something yeah you're harassing me you're making me late they they said you're late you know just drive and I said ma'am can you please please come show me your pants yeah I ain't got I always showed it to you you need glasses alright ma'am just step off yeah and here we go and here we go okay thank you can you get a um your supervisor here can you get your supervisor here thank you I didn't do nothing wrong he made a false call okay I can tell you what I believe him a lot more than I believe you okay well then that's not okay because that would be a I don't know what's going on with you but still my age difference yeah thank you for taking me to jail for no reason I'm still pressing charges I'm still pressing charges because he took me to jail for no reason on a Friday 2,025 what time is it it is four fifty two PM four fifty two PM thank you the bottom line the bottom line is that you made a false statement on me and again I did nothing wrong so when I said official misconduct again I did not do nothing wrong so no female came and searched me have you ever flown on an airplane before you guys again yes I have and you guys are not females and so where is the female to search me we don't have a female officer OK anyway you shouldn't have males because you still credited by the bag regardless are you done so I can explain to you OK anyway a false call was made on me are you done so I can explain to you what's going on everything's back on my hand are you done so I can make a false call was made on me and you made a false statement about me so again we're gonna get a copy of this on the bus and I'm still gonna be a part of the civil duty so thank you where's your supervisor yeah oh yeah where's your supervisor cause again you guys are still doing something wrong anyway are you done so I can get away where's your supervisor he's coming okay I'm waiting to speak to him okay so you're not gonna let us out okay you didn't let everybody go I was gonna explain to you I didn't do nothing wrong like a civil person I didn't do nothing wrong okay well you can lie all you want to okay nobody's lying oh let's go over here yep he made a false statement to me so anyway I called anyway and I'm gonna always keep riding the bus thank you okay is your body cam on yep go ahead and move that way thank you cause I didn't do nothing wrong I can't wait to take this one home we get here we walk on she's pretending talking to you on the phone she's been trying to talk to me yeah oh is really this is my admin complaint oh okay we say oh hey you're holding everybody up they want you off the bus he's the captain of the ship you need to leave nope not leaving okay you got two choices either leave the bus or you're gonna get arrested for unlawful bus conduct finally she's on the phone supposedly with you I've asked you multiple times to leave you're refusing to leave you're under arrest and then the fight was on what did the what did the driver say about you the driver called you guys because I was on the phone and he made some statement that I would refuse to get off the bus but I had to actually stay on the bus because he didn't allow some people to get on with alcohol the bus was unclean so as I was on the call I don't know with administrator for Pierce Transit he still made a false statement what what was the false statement whatever he said to 9 1 1 about me so you don't know the statement that he made that's false okay well what he said was that I had a pass right uh huh then he was demanding me to come up and show my pass but as his boss says I can sit down cause he saw my pass from the window he's not blind did he ask you to show your pass to him the bus driver I sat down and showed him the mirror and he could see my pass right but did he ask you to show him your pass he didn't ask nobody else but he did I I didn't ask anybody else OK but again he asked me to show the pass but he wanted me to be flirtatious with him I don't have time for that so I sat down safely OK so because I observed everybody getting on bus for free and somebody was on the bus with alcohol I don't think that they allow for free anymore especially in person OK well that's what he did you can go get the camera get the camera yes he did okay get the camera so he did that so so my my only understanding is that he asked you at some point to show your and I showed my pass and he let everybody else get on for free so you can pull those cameras up okay so for him to take the boat for everybody to say what for me to get off well that's that's that we have to we have to abide by what the oh then what hear me out we have to abide by what the driver says yeah I'm just saying the driver lied to you guys okay the driver asked for you to be removed is that correct what the driver asked for you to be to go off the bus okay that's that's what we that's where we have to come in is that's and that's why we're involved but he's still alive okay and on that but you talk to a supervisor about that I made a complaint you said you were on the phone for it yep I sure was okay okay well that's I mean that's probably who to take it up with as far as like uh but I was arrested for no reason so I'm still we're arrested for what's called unlawful bus conduct OK but you didn't get out of the bus still arrested for no what unlawful bus conduct okay so you have to that's still fake because he did not ask nobody else to show a pass so keep on coming with fake statements thank you I didn't say anything about you or about anybody else check him okay is there anything else that you needed from me do you have a body cam on I do okay so he made a false statement so again I didn't get full enjoyment of services rendered on my way to a doctor's appointment it's the driver that we have to listen to but anyway it's okay the driver made a false statement so listen to him or not he still made a false call well you can take that up with their with their supervisor which is sounds like you already did this officer right here is good yeah okay well so so I would continue that um if you if you already contacted them I wanna make a report about him though because you should have asked everybody for a pass everybody on there that would be fair that's what public servants do that would be the fair enforcement officers job I'm just saying again you're an officer so am I using your power of authority to get me off the bus because I'm a black female that's still wrong of you thought didn't you say that the bus driver was black as well that doesn't matter I don't understand how that's OK well if you don't understand is a 2A what one male against one female is still official misconduct thank you OK you're welcome sounds like oh no I'm not talking about you because anyway OK sober up officer R C W 9 9 1 0 2 5 Unlawful Transit conducts at elements required under RCW 9 91M 2 5 1 refusal to present proof of fair payment upon lawful request by transit personnel 2 and subsequent refusal to leave transit property when directed by a law enforcement officer that the statute does not require physical disturbance refusal alone satisfies the offense at Fourth Amendment and alassise us at Const at amend IV probable cause a warrantless arrest requires probable cause where a subject presents evidence of lawful fair payment a valid all day transit pass officers must weigh that evidence before concluding unlawful conduct has occurred if the pass was valid the probable cause basis under RC 9 9 1 0 2 5 weakens substantially this is the central unresolved legal question in this case the First Amendment analysis is us that can't stand that amend I protected speech at city of Houston v it's not clean I'm not holding up anybody I'm just saying just watch it keep your hand out of my face anyway what are you Hill 4 82 US 4 v 1 1987 officers may not arrest a person solely because that person argues with them challenges their authority or accuses them of misconduct a verbal protest even when persistent or confrontational is constitutionally protected conduct under the First Amendment an arrest based on speech alone is unlawful at 14th Amendment analysis equal Protection selective enforcements the subject alleged the driver allowed other passengers to board without payment while selectively demanding her compliance raising an equal Protection concern officers on scene confirmed the driver had allowed some passengers to board for free this fact is directly material to the selective enforcement claim however selective enforcement claims require proof of 1 discriminatory effect and 2 discriminatory intent and both elements must be established a high evidentiary threshold at sis of force gram v at Connor 4 90 US at 3 86 1989 at force is assessed from the perspective of a reasonable officer at the moment of decision not in hindsight relevant factors subject's noncompliance duration of refusal active verbal confrontation take down and handcuffing of an actively non compliant subject falls within the lower range of the use of force continuum no strikes weapons or extended holds are present in the footage the force appears proportionate under Graham v at Connor at R C W 9 1.7203 dot false or misleading report at subject alleged the driver's 9 1 1 call constituted a knowingly false report a potential violation of R C W 9 a 7 2 3 officers on scene had no authority to adjudicate competing accounts in real time at Lego lessons lesson one Force subjects compliance with a lawful order is not admission of guilt refusal to leave transforms a civil grievance into a criminal charge under R C W 9 9 1 0 2 5 exit first that contest through proper legal channels after lesson two for officers when a subject presents documentary evidence of fair payment that evidence must be weighed before arrest a failure to do so risks a Fourth Amendment challenge to probable cause transit agencies inconsistent fare enforcement by operators creates selective enforcement exposure for both the agency and responding law enforcement that uniform written policy and training are essential at case grades officers present under R C W 9 91 2 2 5 multiple warnings given before arrest correct procedure show of hands crowd tactic tactically unsound no legal prohibition but counterproductive to de escalation at B minus strong rights awareness at verbal protest constitutionally protected remaining on bus past lawful police order Washington law provides no self help transit enforcement remedy Pier Transit reverse C confirmed selective fare enforcement by on scene officer calling police before exhausting internal resolution escalated a dispute that may have been administratively resolvable unknown at time of analysis any charges would appear in Pierce County District Court records she stated intent to file civil complaint are you upset I'm not upset I'm not resisting