I'm going to be You're stupid and you're ignorant. >> Okay, >> you know that. >> Sorry you feel that way. >> Well, how else am I supposed to feel? >> So, here we go. >> Be great. >> Why don't you have a seat on that thing? >> I'm fine right here. I don't want to be sitting down. >> I am not asking you. I'm telling you. >> I'm not sitting down. I'm fine right >> at an Allegian Air Gate in terminal 25. A dispute over a boarding pass ended in a physical arrest. A ticketed passenger was taken into custody and charged with breach of peace. This is that encounter. What makes this encounter analytically significant is that the arrest rested on a charge the First Amendment has already foreclosed >> here. Leave me alone. >> The rules haven't changed. >> No, I know. And last year they said, "Okay, you can go. You don't have to." >> Maybe they let it as a courtesy, but we can't let it as a courtesy every day to every passenger. So, you either pay for pass or you download the app. >> I already bought the ticket. Okay. Well, you bought a ticket, but you don't have a boarding pass. You need a boarding pass to get through security. Your choose. You choose. You do the app on your phone or you pay for the boarding pass. >> I'm not going to. >> Then you don't fly. >> And I will sue this company. >> So, here's what's going to happen. We're going to come out of line and we're going to talk like gentlemen over there. I will talk right here. So, >> I bought a ticket, >> sir. Let me let me speak. >> Okay, go ahead. >> Okay. My name is Sergeant Charlton County Sheriff's Office. Okay. Yes. >> I'm a law enforcement officer. >> Yes, I see. >> Allegiance has their procedures and policies. Okay. >> Let me finish. Let me let me talk. >> Okay. >> Their procedures and policies were explained to you. You do not wish to follow those procedures or policies that they inquire, >> which is either board by your app or let me finish. Let me finish. >> Okay. >> Or purchase the boarding pass. Correct. >> You're not doing >> or or they could wave the price. >> They're not doing it. So, either those two options. >> No, there's three. There's three. >> I'm not going to elevate my voice or we'll have problems. They don't want that. >> There is three options. >> I'm talking to you like a gentleman. Talk to me like a gentleman or this is over. >> Excuse me, officer. >> Or I'll have you trespass and you can leave. There are three options. >> There is not today. >> Oh, today. >> Yes, today they told me. Today they told me there's two options. I heard those options. >> Okay, hold on. I just want to videotape them. >> You You It's on recording. I have it all documented. >> Sir, you Sir, you're dealing with me. >> I'm looking for my phone. >> You put it down probably here. >> You're dealing with me. Okay. You're not dealing with the Legion. >> I want to >> I understand what you want. What you want doesn't always exist right this minute. You're going to be complying with what I want. Okay. I've been very cordial with you. >> Yes, you have. >> And I've been cordial with you. >> Leo's airside. >> Haven't I? >> You've elevated your voice more than one time with me. >> Oh, is that against the wall? >> No, but I'm It's not cordial. >> I mean, did I apologize for uh for possible trespass? I want proof that they're denying me. >> It's going to be in a police report. >> No, I want proof that I'm saying it. >> So, I'm taking video. >> It's on audio right here. >> I >> She just did it. >> I don't >> It's on my body. >> And sometimes those seem to disappear. >> They don't disappear, sir. >> Yes, they did. Don't Don't [ __ ] me, please. >> I don't [ __ ] you. And I'm not going to argue. You're saying police departments their recordings don't disappear when people ask for a foil request of them request it request >> it and sometimes they disappear. That's why a lot of people videotape their own cuz this won't disappear. >> Allegian has talked to you already. They have asked me to tell you those options were done. >> Well, I'm just going to ask them one more time. I will do it in a nice manner. Let me explain to you and I'm going to video. Before you do that, let me explain to you some things real quick. >> Airside's coming over here, which is Port Authority on their end, which is their security. >> I'm I'm telling you now, >> if this continues and you do not leave, >> that's all I'm doing. >> I need you need to let me talk. >> Will you let me talk after that? >> Let me first talk. >> Okay. I said then, will you let me talk? >> After you let me finish, you need to hear this. >> Okay. If you do not comply and leave peacefully, you'll be trespassed. And if you do not leave, you'll be arrested. Do you understand? Those are your options. >> Yes, I hear you. Can I speak now? >> You can. >> Okay. I'm going to stand there. Ask him one last time. I'm going to video record it. Yep. I'm going to video record it. >> I will bring her over here and she will talk to you over here. >> She can do that. >> And if if you're not cordial, the conversation's over and you're leaving the building. >> You understand? Did I say yes already? >> You did, but I'm asking you if you understood. >> Yes. >> Yes. For the like four times. >> Good. Good. Cuz I want it clear. >> Okay. Tell her to come. >> No, I I will ask her. I'm not telling anyone but you. >> Well, then I'll go up there. >> I will ask. >> Then I will go up and ask them. >> You're not listening. >> I'll have you leave now and there will be nothing over there. >> I'm going to either go up there or you can go up there. >> I am going to ask. I'm not telling anyone over there to come here. I'm going to ask them. >> Okay. And if >> that's what I that's what a person should do. >> It's it's already on audio on live. He just wants you to tell him again what his options are so he can report it for cuz he doesn't believe it will be captured. He thinks I'll delete it. >> So he wants to hear you tell him his options. >> His options. Okay. Send him over here. We'll get you over here. >> Pay $5 or download the app. He's not blind. >> He just wants to hear that on audio on his own video. >> I'm already live, so he doesn't believe this will be >> downloaded. He thinks I'm going to delete my recording. >> Right here, sir. >> Right here. >> Right here. No further. Right here. No further. >> You're speaking to him. >> Your name, sir? >> My name is Todd. >> Todd. Thank you, Todd. I just want to double check. I'm so upset at you guys right now. Um, >> what did she say? >> She's talking to her manager. Keep going. >> Well, I thought she said something. >> She did not. She did not. >> Okay. I want to hear you say that you're denying me on the aircraft because I won't spend $5 for something that I already paid for. And you won't I won't download something on my phone. Giving you the option to download the app. That would save you the $5. You download the app. He downloaded boarding pass or he was paying the $5 for a boarding pass as stated per policy on our website >> or he could have done it on the email >> or what >> or the email at home. >> Email at home. >> You can get pass on the email at home. >> Do you know what that means? The email at home. >> I don't belong to Allegian. They've explained to you your options. You can look up those options and talk to whoever you wish. Do not step forward. Please back up. I'm going to give them the $5. >> I ask you, please step back. >> No cash. They're cashless. >> They're cashless. >> It's cashless. >> I don't have >> I don't have a credit card. >> Please step back, though. >> We don't take cash. >> I don't have a credit card. So now you're denying me because I don't have a credit card. >> Airlines do not use cash. Okay. >> They don't. >> Not since 911. >> Please step back. >> I spent 34 years. I was flying the night. >> Sir, I told you be cordial. Please step back. Please step back. She's lying. >> No. Take your phone and step back. >> She's lying. >> Call Mike. >> Mike. >> Come on. You're going to be This is >> I'm offering $5. >> What's going to happen? You're going to be trespassed. >> I'm offering the $5. >> I'm telling you now. >> I'm offering the $5. >> I'm going to have a unit come. If you don't back up, you're going to jail. >> I'm offering the last chance. >> Okay. Did they say or did they not say that if I send if I give them the money, they'll give me the board? >> I'm telling you, I'm not semantics. >> I'm not arguing. I'm not here to argue with you. >> You're You're >> I'm not here to argue with you. >> I'm gonna be nice. You're an idiot. You're stupid and you're ignorant. >> Okay. >> You know that. >> Sorry you feel that way. >> Well, how else am I supposed to feel? >> So, here we go. >> Giving you a trespass warning. When I leave, >> you'll be getting one right over here. >> Okay, let's go. >> You don't know what you're talking about. And they're lying. I >> I do know what I'm talking about when it comes to trespass and what your actual have gone only to cash since 911. I worked the airlines flying on 911. That's [ __ ] >> Your argument here is you're you're misunderstanding the argument with >> She's lying. >> Okay. Your argument is with Allegiance and you're not going to win that argument here. You want to take it elsewhere, you can. >> I will take it to court and I will take your >> guys to court. >> You can. >> We'll go in front of a judge. >> My actions has caused this. >> My what? >> Your actions. My actions have caused nothing. I paid for a ticket and they're refusing to let me get on the aircraft. >> Okay, sir. Well, I'm sorry you feel that way. >> What What is What is that called? When you pay for something and refuse of service. So, they're refusing service. I already paid for a ticket. They know I paid for a ticket. It's in the computer. I have the the number they give you when I pay for it. >> Mhm. >> And they're refusing service. I >> I understand that, sir. >> So, is that a crime? pay for something and refuse. >> I hear that you're upset about it, right? >> Is that a crime, >> sir? You keep asking me questions. >> Well, you're a police officer. >> Yeah. >> I think somebody's beeping at you. >> So, is that a crime? Refusal. >> Refusal. >> You're asking me a black and white question. What you they did is not a crime. What they did is not a crime. >> They refused. >> What they did is not a crime. They gave you the policy and procedures. Those options were provided to you. You did not want to comply with those options. So, you're not understanding to me. Okay. You had those options offered to you more than multiple times. Then you wanted to pay at the point of purchase of paying for the $5 fee that you're required to pay. You chose to pay with cash. They do not accept that. >> There's nothing in there saying I can't you getting mad at me getting up. I rateate with people are not going to help the situation. You will you're wrong in this situation. >> So, they can fly. I'm not talking with them. >> They could deny me. >> You're not listening. You are not listening. >> I'm deal. Okay. I'm dealing with trespass warning. >> So, if someone can draw that up real quick, that' be great. >> Why don't you have a seat on that bench, sir? >> I'm fine right here. I don't want to be sitting down. >> I am not asking you. I'm telling you. >> I'm not sitting down. I'm fine right here. Leave me alone. Under city of Houston versus Hill 480US228 1987, the First Amendment protects verbal criticism directed at law enforcement officers. The Supreme Court held that police must tolerate more verbal challenge than ordinary citizens and that statutes criminalizing speech that challenges or interrupts an officer are unconstitutionally over broad. The subject called the officer stupid, an idiot, and ignorant during this encounter. Those statements are protected as a matter of settled constitutional law. Under Chaplinsky versus New Hampshire 315US 5681 1942, the only valid exception is fighting word statements that by their very utterance incite an immediate violent reaction. The test is objective. Would these words cause a reasonable person to respond with violence? Calling someone stupid and ignorant does not meet that threshold under any federal circuit. Under con versus California 403US15 1971, offensive public speech remains constitutionally protected. The verbal insults in this encounter cannot legally form the basis of a criminal charge. Under Glick versus Knif 655F378, First Circuit 2011, the right to record police performing their official duties in a public space is clearly established. An airport terminal qualifies as a public space for this purpose. The subject's insistence on recording the encounter on his personal device was constitutionally protected conduct. Where this right holds is unambiguous. Any interference through intimidation or confiscation would constitute a first amendment violation independent of any other issue in this stop. A lawful arrest under the Fourth Amendment requires probable cause, a reasonable belief that the subject committed a specific criminal offense. The stated charge here is breach of peace. Breach of peace generally requires fighting, threats, or conduct creating a clear and present danger of immediate violent response. Sustained verbal argument without physical acts or direct threats falls short of that standard. A lawful trespass arrest, the procedurally correct pathway here requires three elements. Formal notice issued to the subject, a clear refusal to leave, and reasonable time to comply. No formal trespass notice had been issued at the moment the sergeant executed the arrest. Without that notice, the subject's refusal to comply lacked a clear criminal predicate. Charging breach of peace instead created constitutional exposure that the trespass pathway would have avoided. Under Graham versus Connor 490US 3861 1989 force must be judged from the perspective of a reasonable officer at the moment of decision. Officers used soft empty-hand control only no strikes, no weapons, no takedown techniques. That level of force was proportional for a verbally non-compliant but nonviolent subject. The physical arrest mechanics pass constitutional scrutiny. The legal flaw lies in the underlying charge, not in the force applied. >> Break your pace. >> Oh, yeah. Take me. Take me. Take me. We'll go. Right. >> Put your hand behind behind your back. Sir, >> you're going to resist, sir. Do not resist. >> Resist. Stop. >> Stop resisting. Please put your hand behind your back. Please. >> It is behind my back. >> Please comply with the officers. >> It is behind my back. >> I'm asking you. Is it not behind my back? >> I just want you to comply. Listen to Is listen to the officers. >> Listen to the officers that are speaking to you right now. Listen. >> Comply with their orders. They are lawful orders. Stop talking. >> You're videotaping. Was it my Was it not behind my back? >> Do this. >> Was it not behind my back? >> Yes. He hasn't been checked or anything. Yes. >> All right. We'll check him. >> All you got to do is listen, sir. >> Did I not listen? >> Nope. I did not put my hand behind my back as you >> sit down. >> Why? >> Because >> was that a lawful order? >> Yes, it is. >> A lawful order that I had to sit down and disturb, sir. >> Was it a lawful order? >> Discussion's over. Jim. >> Yeah. Okay. >> Come on. Listen to the officer. Listen to her. She's She's giving you instructions right now. Listen. >> I'm waiting for my wallet. >> He's got it. He's going to hold on to it. >> He's got it. He's going to go in the property. It's how procedure. >> Hey, me and you are walking together. >> Come on. >> We're walking together. Okay. >> Can you loosen the uh right >> when we get to the car? We'll adjust them. We'll look at them and adjust them when we get to the car. >> Can you loose? >> We We'll talk about it when we get closer. Take one step right there. Turn. Turn to face the car. Let the officer see if they're fine or not. She will look at it. >> She will look at it and she'll determine the >> the safety of that. But >> what what did she say? >> She'll check it. She'll just move. >> She's going to check it. I'm moving. I had to ask you what she said. I couldn't hear. >> Tell and she's going to adjust it to her safety and the comfortability of you. It doesn't mean a full comfortability to you, but it's her safety as well. So, there is a position where we have to keep them. >> You have any other weapons before we send you in there? Just recheck >> any other weapons? >> I'm asking anything on you. >> Any weapons? No. >> Okay. Well, thank you for >> Well, you said any other weapons? I didn't have any weapons to begin with. So, >> well, I'm glad you clarified. >> Well, yeah. >> And that means means a lot. So, thank you for our safety. >> And my bags are going >> They're going with me. >> Any drugs or anything on you? >> No. >> Okay. >> Well, I have prescription drugs >> on you. >> No, in the back. >> Okay, >> perfect. >> I'll turn the air on in there, too. >> One foot at a time. Sit down, slide in on your own power. >> If you need help, let us know. >> Do you need some help? >> No. I just have a bad shoulder and I can't see. Take your time. >> I'm going to buckle you in. Okay. >> Watch. Watch your leg. I'm going to turn. >> At the time of this analysis, the outcome of any criminal proceeding remains unknown. Based on controlling precedent, a breach of peace charge grounded solely in protected speech and refusal to comply with an ambiguous command would face significant constitutional challenge. Sergeant Shaw County Sheriff's Office receives a C++. Deescalation attempts, clear warnings, and composure under sustained verbal provocation were genuine strengths. Post arrest conduct, adjusting handcuffs, providing air conditioning, accommodating a stated shoulder injury was professional throughout. The critical error was framing the encounter around personal compliance rather than legal standards. stating that the subject would comply with what the officer wanted rather than articulating a clear legal basis and then bypassing the formal trespass notice procedure produced a constitutionally vulnerable arrest. The subject receives a C+. The core grievance was legitimate. A ticketed passenger denied boarding through a payment impossibility created entirely by the airlines cashless policy. The demand to record was constitutionally sound and properly exercised. The verbal insults, while legally protected, escalated the encounter without legal or tactical benefit. Repeated advancement toward the counter after explicit warnings gave the officer progressively stronger factual footing. The tactically correct strategy was to accept the trespass notice, exit, and pursue the dispute through civil and consumer protection channels. Ale Legion Air receives a D. A cashlessonly boarding pass fee policy that makes payment impossible for a ticketed cashonly passenger is the root cause of this incident. Denying a ticketed passenger boarding due to payment format is a civil contract dispute, not a matter that should end in handcuffs at a gate. Lesson one, verbal insults require deescalation, not arrest. Under City of Houston versus Hill, officers must absorb verbal criticism as a structural feature of the First Amendment, not a criminal trigger. Breach of peace arrests based on protected speech expose departments to section 1983 civil liability. Lesson two for citizens. Protected speech is not always tactically wise speech. Remaining composed and pursuing legal remedies through courts is both safer and more effective than escalating through insults after a warning has been issued. Lesson three for airlines. A cashlessonly policy that strands a ticketed passenger with no viable payment path invites breach of contract claims. Accommodation procedures for cashonly passengers are not a courtesy. They are a contractual obligation. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. We read all of them. If there is a body cam interaction or legal question you want covered, let us know. >> The air on back there.