You're going to think these boxes are full of stick-up tickets, huh? >> You don't know. I mean, let's think about it. >> I don't know if I can do it or not. >> Well, if we start pulling out needles, man, we're going to start getting We're not going to be so nice anymore. >> I know. I got you. I got you. >> I felt like this was a setup today. I felt like they were setting me up to come today. Oh, darn. >> Hey, brother. Listen to me real quick. Hey. Hey, come here. What are you doing? What are you doing? >> Corey. >> You. >> Me? >> Yeah, you, Corey? What's your name? >> Corey. >> What's your name? >> Ben. >> Why don't you come down here? >> Why not? >> Just stand right here. >> All right. >> What's going on today? Who lives here? >> Huh? >> Who lives here? >> I don't know him. He brought me along to help him out. He brought me along to help him out. >> Who brought you along? You? Hey. Look Look at the ground real quick. What What's the address here? >> Address here I do not know. >> Okay. >> But I know he's having it that way. >> Okay. >> I I want I want to go that way. I ain't got no way to get through to him. He's trying to help him and then he knows what's happening and then he's going. >> What's your name? >> Benjamin McCord. >> Okay. Keep your hands where I can see them, please. Benjamin what? >> Benjamin McCord. >> How do you spell your last name? >> M C C O Y. He always got me higher. Don't be a ghost or a hack me with these bags and I don't know what you got in there. to. >> Did you take anything today, man? >> No. >> Do you suffer from any mental illness or anything like that? >> I've had anxiety attacks. >> You want to go down to the hospital and talk to someone about that? >> No, I'm all right, I just seen somebody yesterday. I'm actually doing I'm good but I saw something why or what do you mean what do you mean? Found me where to go and then all of a sudden I turned around and it was gone and then again. >> So why are you banging on the store? >> It was the store. >> Why? >> I don't even know. I don't know. >> Have you talked to him yet? >> No, I have not. >> No, I'm not sure about this place or whatever. I thought I was supposed to be on one of these doors or I knew. I didn't >> Where do you live? >> I don't know where I'm at. >> So how did you end up in Acton? Can I talk to you in there? >> Yeah, please. >> Do you know him? Who is >> No freaking he is. >> Okay. >> He was [ __ ] house. He like pulling on the door. He was pulling on the door. He was beating on it. He was hitting my window. He was pushing on it. >> Okay. >> I don't He is. >> Okay. Um Did he say anything to you? >> He tried to say he he didn't know I was here. No one he was screaming like he was calling someone's name and saying let me in. >> So he said he was he knows someone and he thinks it was his house. >> He knows this is the >> Okay. All right. >> I mean the way he was pulling on my door and hitting it and falling against it. I was like he's freaking out. >> Was this Was this locked? >> No, he almost pulled it off. He was hanging on it. >> So did it go Did it come open? Do you know? >> Oh, yeah. >> Did it Okay. >> Cuz why the [ __ ] open this? He couldn't get into Thank God. But he was throwing himself up against it. That's why I called 911 cuz >> So he was trying to kick like >> Yeah, he was trying to get in here but he knew who the [ __ ] he was and I'm like stupid. Who is this? >> Okay. >> And I didn't want to even contact him cuz I'm not going to get in a whole fight telling him to stop. >> Sure. >> So I just called you guys cuz it scared the [ __ ] out of >> You just want them gone then? >> That's all I want. >> Okay. Just go somewhere else, please. >> Okay. All right. If we need you, I'll knock again, okay? Thank you. >> Constitutional analysis of a February 2025 detention, search, and arrest under fourth, fifth, and 14th Amendment standards. Under Terry v. Ohio 1968, an investigative detention requires reasonable articulable suspicion of criminal activity. Articulable facts from dispatch combined with on-scene observation easily clear that threshold here. Brinegar v. United States 1949 defines probable cause as facts warranting a reasonable belief a crime occurred. First-hand witness testimony of forcible entry attempts independently establishes probable cause to arrest. >> Can I maybe get a watch inside? My phone? >> Yeah. >> Yeah. >> Acting like this, you can't even stand still for more than a second. >> But I should know that I'm inside. >> Do you have cousin's phone number that I can call him? >> Uh I don't have it off my hand right now. I know. >> So you just expect to walk there? >> Yes. >> And he's going to let you just come in and hang out? >> Yes, and I'm sure I mean, you get some money in. >> I don't know. >> Oh, man. He knows >> You got a warm place? >> I'm not trying to >> You want to go to the warming center? >> No. >> You want somewhere You want to go somewhere warm, but you don't want to go to the warming center? >> I don't know where the warming center is. >> It's over on Forest. >> It's over where? >> What day is it? >> Today? Tuesday. >> Who's president? >> Uh Donald J. Trump. 2015. Hey, I know it's 2018. I'm telling you I ain't been in >> What do you He He didn't say 2015. >> not making >> I don't know all these guys. >> Like my partner said, you're not making any sense. You're banging on someone's random door. You can't stand still. >> 14 >> I I must got the wrong door. And I apologize for whatever. >> All right, if we let you go, we're just going to get called right back either for you falling in the snow or you bang on somebody else's door cuz you're freezing cold. >> I promise that won't happen. And if that happens, you like me now. >> We're going to do whatever we got >> Well, that's exactly what's going to happen. >> Okay, thank I walk. No problem No problem will be made. I promise you. >> And you don't want to go to the warming center? >> No, I'm not. >> Cuz I doubt your cousin's going to let you in acting like this. >> No, my cousin's going to My cousin is out of town. No, I'm kind of alone. >> What are you taking? >> Speaking of my mind. >> You out of your mind? >> I'm feeling in my mind, you know. >> Why don't you get off that person's property? >> Yeah, I like Oh, he knows exactly what he's got to say to me to calm me down. He knows he's He's been my best friend my whole life. >> Do you want to go to a hospital get checked out? >> No, that don't work there. >> lot going on. >> That don't work there with my cousin. >> Is this your bag? >> He told me five minutes max. They will probably >> Sir, is this your bag? >> I believe so. >> Mind if I look in it? >> No, I mind. >> You mind or you don't mind? >> No, I mind. I don't know what's in it. >> You don't know what's in your >> So, wait, is it your bag or not your bag? >> I don't know. >> Try that again. >> Okay. >> Why don't you keep your hands out of your pockets for me, buddy? >> I'm going to say I can't tell if it's my bag or not. >> You don't know what's in your bag? You don't know what your bag looks like, man? >> I said he doesn't know what's in his bag. >> Is it your bag or not your bag? Answer me. >> I have no idea. >> You have no idea? >> No idea. >> So now you have no idea who's bag that is over there? >> No. >> Okay. >> I don't know if that's your bag. >> to tag it as abandoned property and throw it away. You can't just leave trash laying around. Right? >> It works. >> So if it's not your bag, we're just going to toss it. Right? >> Sir. >> Schneckloth v. Bustamonte 1973 requires consent to search be voluntary, unambiguous, and freely given. California v. Greenwood 1988 removes Fourth Amendment protection from genuinely abandoned property. United States v. Tugwell, Eighth Circuit, 1997 holds that disclaiming ownership can constitute abandonment. Yet abandonment by disclaimer is fragile. Suppression follows if the renunciation was uninformed or coerced. >> Somebody's calling you. Maybe your cousin. >> Yeah, they might be wondering where you're at. I told them where I was. I'm going to go get my bag. >> It might be a good idea to pick up the phone. You might need to >> I am I am I am I am I >> They might be coming to pick you up. >> 23, 58601. >> I told them where I was. I am going to go get my bag. >> Don't get emotional. >> I am not I just got on my way to get my bag. I am not trying to get emotional like I don't know I feel like the police are trying to get over on me. >> Keep your hands out of your pockets for me, all right? >> I am putting my hands in my pockets. >> What? Would you mind if I check you to make sure you don't have any weapons or anything illegal on you? Then you put your hands in your pockets. You good with that? >> What's that? >> I said are you okay if I search you to make sure you don't have anything illegal on you? Then you put your hands in your pockets. >> I am putting my hands in my >> 18 13 >> I am going to turn off my phone. What's that? >> Turn off >> What's that? >> Hold still. Still as you can, all right? >> I'm on 12. You're going to be putting handcuffs on me now, right, man? >> Come on. >> Yeah, chill out. Chill out. >> Chill out. Chill out. >> I don't know. I don't know what's going on. I don't know what's going on. What's going on? I don't want to see what's going on. What's going on? I just don't know what's going on. >> I'd say the most of your issues probably stem from you coming back and just trying to buy dope. >> Huh? >> Yeah. Come over here to the cruiser, dude. >> Jeez, bro. >> Hold on, man. Stand still, dude. >> I'm not even trying. I don't understand what's going on here. >> You got anything in these pockets that you shouldn't have to stick yourself with? >> I don't know. >> You don't know? I mean, let's think about it. >> know what's in my pockets. What is it? >> Well, if we start pulling out needles, man, we're going to start getting We're [laughter] not going to be so nice anymore. >> I know. I got you. I got you. Huh. I felt like this was a setup today. I felt like they were setting me up to come today. I didn't do anything. Oh, darn. >> Hey, brother. Listen to me real quick. You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have him or her present with you while being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you prior to questioning if you wish. You can stop at any time to exercise these rights and not answer any questions or make any statements. Do you understand those rights as I explained them to you, sir? Yes. Can I get a verbal yes or no? >> Yes. >> Okay. >> A Terry Frisk needs only reasonable suspicion the subject is armed. Repeated reaching toward pockets satisfies it. Reliance on Terry doctrine produces a stronger appellate posture than the consent framing used here. Miranda v. Arizona, 1966, mandates warnings before custodial interrogation, not at the moment of arrest. Berkemer v. McCarty, 1984, defines custody by whether a reasonable person would feel free to terminate the encounter. Pre-interrogation timing, slow recitation, and verbal confirmation reflect gold standard Miranda compliance. >> What kind of What kind of drugs did you use today? Methadol? What's your first name? >> Benjamin. >> Benjamin? >> Yeah. >> All right. Let's have a seat. Back in here in the drug rehab program? dot com more? >> I was thinking about it, and then I was like, [ __ ] I'm >> I'm going to go here like >> What do you mean, man? I'm going to go bang. I just What you doing, man? >> Boy, it is cold as hell out here. Take care of yourself. >> Step out for me. Back this way. >> Okay. >> Yeah, I I'll get it once. >> You know, my back is hurting. >> All right. >> I'm trying to like bow down when my back starts to hurt, but >> Go ahead and take a seat. Watch your head getting in. Big step. You're all Is there a reason >> Dude, you can give me a second to You all right? What about that, man? >> All right. Go ahead and take >> Sheehan v. San Francisco, 2015, left ADA application to active arrests open. Lower courts continued developing the doctrine. Estelle v. Gamble, 1976, imposes a duty to address serious medical needs in custody. Booking screening is mandatory. Failure to screen apparent crisis can support deliberate indifference claims under 42 USC Section 1983. The officer earns a B plus. Solitary detention, exemplary Miranda, but a vulnerable abandonment based search. The subject earns a C. Properly refused consent, but disclaimed ownership of his own property undermining that refusal. The department earns a provisional B pending records on post arrest medical screening and training. Lesson one, anchor frisks and Terry doctrine when officer safety facts independently support intrusion. >> Lesson two. >> Abandonment requires a knowing voluntary disclaimer. Document it or seek a warrant instead. Lesson three, cognitive orientation does not preclude crisis. Booking stage medical screening is non-negotiable. Lesson four, refusing consent is strongest when paired with full cooperation on lawful safety commands. Let us know which legal topic to cover next in the comments. Thank you for watching.