Out of the car, or we're taking you to jail. >> No, you're not. I'm on the phone with my company. >> I'm giving you a lawful order. >> Why are you arresting me? Why? >> Step out of the car, or we're taking you to jail. >> Why? >> I'm giving you I'm giving you one chance. Step out of the car, >> I have a right to know. I have a right to know. No, y'all not going to bully me like I have a right to know. >> Step out of the car. >> I have a right to know. Why am I being arrested? I have a right TO KNOW. WHY AM I being arrested? >> Right now. >> You let me go. >> YOU ARE UNDER ARREST. YOU ARE UNDER ARREST. >> YOU LET ME GO. NO, I'M NOT. >> RIGHT NOW, you are under arrest. >> No, I'm not. >> You are under arrest. >> No, I'M NOT. FOR WHAT? >> You are under arrest. You are under arrest. Right now, you are under arrest. You are under arrest. You are under arrest. You are under arrest. >> LET ME GO. >> You are under arrest. >> Let me go. Let me go. LET ME GO. YOU WEIRD BRO. DON'T grab me like that. >> Relax. Relax. >> Get off of me. Relax. >> Relax. Relax. Relax. Okay. >> On December 12, 2024, officers responded to a residential address during an active vehicle repossession. What followed raises three legal questions that every civilian and law enforcement officer should know before ending up in the same situation. First, the repossession. Under UCC Section 9 609, a lender may repossess without a court order, but only without a breach of the peace. A verbal objection from an occupant inside the vehicle meets that threshold. At that point, the agent must stop and seek a court order. Second, police authority. Responding to a call permits investigation, not enforcement of a private contract. Without a specific criminal basis, compelling someone from a vehicle they legally own makes the arrest contested from the first command. Under the Fourth Amendment, a seizure occurs the moment a reasonable person would not feel free to leave. Per United States versus Mendenhall, 446 US 544, 1980, that standard applied here from the first ultimatum forward. >> Hello. >> Good. What's going on? >> I pulled up back up to it and she come running out screaming and saying how she made a payment and all this other kind of stuff and so >> She's going out of her >> And she was popping in and out of it and then she now she won't get out of it, but uh here's the video of her out of it and like Hold on. >> She's standing at the door now. >> give us 1 second? I'll talk to you in a second, okay? >> He's on the phone with me. >> Okay, go go stand by the front door. We'll come and talk to you. I I understand, man. Okay, but I'm legally here. That That is why. I am legally here now investigating. Okay. Sorry if I'm interrupting. You're fine. Stay in there. Come over here and talk to me. >> I'll go over here. >> She's standing at the door right now. Do you have from when you actually approached or hooked it up? >> I I have it afterwards. It didn't This is what they did I this is what I got. This is what I was looking at the whole time. But uh I hooked onto it and she pulled up she come running out. >> Can you talk to her? >> off. She's not even in there. >> Right now she's in the car. >> She was standing at the door. >> Oh, that's correct. >> See, she's standing at the door yelling at me. See, she's not in >> This is my state. Yes. >> Hey, can you stop yelling at me? >> I'm not coming in my property. >> Yelling, relax. >> He's not trying to do that. This is my state. >> Ma'am, listen to me. Listen to me. For safety reasons, can you step out of the >> No, I No, I'm not doing it. SIR, CLOSE MY DOOR. SIR, BACK OFF AND DO NOT TOUCH MY DOOR. >> RELAX. HEY. >> NO, I'M NOT DOING IT. >> DOING THAT. YOU THINK I'M DUMB? >> He is not He's not >> Do you think I'm stupid? I'm not getting out of my property that I paid for. No. >> He is not going anywhere. >> I'M NOT DOING IT. I'm not doing No. No. I'm not doing it. You know her license >> Are you serious? >> I'm not having an argument >> Relax. >> I'm not having an argument with none of y'all. >> The car is jacked up right now. >> Hey hey I don't care. And I'm sitting I'm sitting pretty. >> Okay. >> I'm I'm bothered. I'm bothered. >> We'll look up the We'll look up the laws We'll look up it again and if we're going to if we're going to do that, then we're going to we're going to handle it like that. >> Well, where'd you go? Sorry. Who Do you have it again? Was anybody in the vehicle? >> So, she The chick was in it and then jumps in when you already were >> Okay. >> Standing at the door and then she yelled at me and then You yelled at me and then you got that thing. >> Not this chick, the other one. >> The other chick. Oh, that's her. >> She jumped in as soon as it was up. Okay. Yeah, she jumped She climbed in it when it went up. Okay. >> Yeah, she got in it. >> Yeah. You see her climbing in it as it's already up like this. >> Go Go and double-check. Yes, sir. Yes, ma'am. >> Oh, will you talk to me, sir? She's on the phone with her car company. It was their mistake. I tried to tell explain everything, but nobody listened. They were saying, "No, keep your dog. Keep your >> Will you talk to us? >> No. No, you can keep >> I can't hear you. I'm not going to talk to you. Roll down the window. >> You trying to open the door to let >> Roll down the window. >> I ain't going to. >> If you want to figure out this situation, you're going to have a conversation with me. WILL YOU STOP? WE'RE NOT TALKING TO EITHER ONE OF YOU. I DON'T I DON'T CARE. Is she an adult? IS SHE AN ADULT? IS SHE AN ADULT? THEN STOP. RELAX. Are you going to have a conversation with me so we can figure this out? Are you going to have a conversation with me? Are you going to have a conversation with me? >> No. Conversation >> That has nothing to do with that. >> Yes, it do. WHY WHY WHY AM I WORRIED ABOUT you doing that? It hurts your feelings, didn't it? >> Relax. >> It's the truth. It's the truth. >> going to have a conversation with me? Are you going to have so we can figure this out? You want your side of the story to be proven. I talked to him to figure out his side of the story. Now I'm trying to get your side of the story. Will you Will you either crack the window or crack the door? I don't want to remove you from the car. If you don't want to remove from this car the door, you don't have to remove from the car. I've already talked to you. Okay. I'll step back so that you know that I'm not going to remove you from the car. So, he he told me his side of the story. Break it down from the beginning. What had occurred here? >> Okay, basically I heard it I heard the people cool. I came >> And you're Hold on. Hold on. You're the registered owner of this car. Correct? >> Yes. >> Okay. And and it is it is under a loan or lease? >> It's goes No. No. No. It's not It's under what you call it? >> A loan or a lease? >> Why? What does that matter? You're asking me my side of the story. >> Because this is a financial situation. I'm trying You're asking me my side of the story. So don't stop me IN THE MIDDLE OF MY TELLING you my side of the story ask me questions. It's because I need to get a complete understanding >> You're going to let me finish talking then you can ask questions. >> Relax because I'm trying to get the understanding >> You have to let me finish talking if you just asked me what's my side of the story. >> You're going to make this whole situation >> NO, I'M NOT. YOU CAME TO MY DOOR to ask me what's my side of the story. >> The police were called. I didn't randomly come here. >> Okay. And this is my property. >> I'm trying to get this solved. >> SO I'M TRYING TO TALK TO YOU. DID you not ask me and said you want to know my side of the story? Did you? >> Go ahead. >> Okay. Like I said, I came out here, came to my car. My company knows that the defer the defer a payment for October because of the hurricane that happened because we were out of work. Clearly some head didn't do that. So it made it seem like it's off with my payment. AND MY PAYMENTS is only at 60 days not even. Not even. So I'm not even behind a lot. I'm not even not even behind a lot. They just told me pay one month. That's fine. I wish somebody could HAVE CALLED ME AND TOLD ME AND TEXT ME INSTEAD OF DOING THAT. This is embarrassing. I don't do this I pay my bills. I'm a grown >> Everybody GOT MONEY >> YOU'RE NOT GOING TO COME TO MY PROPERTY AND EMBARRASS ME on some false accusations. >> Still waiting on them? They don't know >> Yes, she got ME ON ME HOLD BECAUSE THEY KNOW THEY'RE WRONG. THEY WENT BACK TO OCTOBER and looking at the car. That's crazy. >> So >> My car you're going to play with me and my money. This to car now. >> So, did anybody notify you that they were coming? >> NO. NO. >> WHAT >> THAT'S WHAT I'M PISSED OFF ABOUT. >> SO, this morning, did you hear him coming or did he knock on the door? >> room. >> Okay. Did he >> And I heard him. >> Did he knock on the door or anything? >> didn't do >> So, you heard the Will you stop? Let me talk to her. So, you heard the tow truck coming. >> Yep. >> And then what happened? >> I came and got in my mother's >> Okay. So, where did you see the tow truck? >> Right where it's at. >> So, it had It was already in your yard and it already had the car where So, >> on the ground then before I jumped in. It was on the ground. He did not put it in before I heard the truck. That's how I knew. I raced to here to sit in here. Now, he already He steady lifted. He steady put the thing on it and lifted it while I was in here. >> So, while you were >> supposed to do that. That's illegal. I know cuz I watched tow companies. >> So, it was >> Facts. We we I know, baby. I know, gang. >> So, so, again, so, it was on the car and then as you sat in there, >> No, it was not. It was on the ground. That's why he >> car was >> questions to get you out of this. >> Okay. >> Yeah, come on. >> I'm sorry, man. >> And right now you're on the phone with your >> I'm on the phone with the company right now. >> Okay. Let me know what they say and then if there is anything, make sure that they give you an email with a printout of anything that they said. >> Okay. >> All right. And I'll come back and talk to you in a second. You're welcome. You You think you're the only one that has a camera, bro? And you're not making this You're not helping this. You're not helping this situation. You realize that? You realize you're not helping this situation? You think you're the only one? You think you're the only one? A brother or something? I don't know. That's exactly what you're doing, talking. Talking. That's That's exactly what you do is talk. I know he's not. Okay. It's me coming down the street. My boomer ain't even down yet, so. >> Okay. Is this an automatic >> I am. This is my patrol truck. >> Is this an automatic recording? Like it records all the time? Okay. >> For cases like this. >> I just can't get the download. The signal's weak. >> Okay. >> so. Okay, there's the car. There's the house. >> And that door is not open. >> She's going to come out of the house in a little bit. Door is open. Car is up. >> I'm letting you watch it cuz your door is open, so I'm going to watch this car just in case. >> Door is open. Car is up. Then she gets in it. >> Yeah. >> Sergeant. >> All right, there she is. >> You watch it real quick? >> Yeah, I was watching this front door just so that way just in case they come out. >> We're going to We're going to give her warning. >> Okay. >> Get out of the car. And then if she doesn't doesn't take our commands, then we're going to have to take her out. >> Okay. >> Use force as possible, but >> Got you. >> You see the door open? She runs out. Hurry up. She hops in. >> Okay. >> That's it. >> A little bit. >> Okay. >> We'll tell you when to drop it down a little bit. >> Yeah. >> Third, the arrest. No charge was stated on camera before or during the extraction. Devon Peck versus Alford, 543 U. S 146 2004 holds that officers need not name the offense at arrest, but an absence of any articulable basis on the record is a material liability exposure. Force is governed by Graham versus Connor 490 US 386 19 Courts weigh three factors. The severity of the offense, whether the subject posed a threat, and the degree of resistance. Here, the offense was civil. The subject posed no visible threat. And resistance was passive non-compliance only. During the extraction, the subject stated she could not breathe. Officer training standards require treating that as a medical communication until proven otherwise. No medical assessment is visible on this footage. That failure carries independent liability exposure, separate from the arrest question. Post-arrest, the subject claimed Miranda rights were not read. Miranda versus Arizona, 384 US, 436, 1966, requires advisement before custodial interrogation, not at the moment of arrest. If officers did not question her, Miranda was not violated. This is one of the most misunderstood rules in American criminal procedure. Bystanders directed profane, racially charged language at the female officer. City of Houston versus Hill, 482 US 451, 1987, protects that speech under the First Amendment, unless it constitutes a true threat or incites imminent lawless action. Neither applied here. The officer did not physically respond, which was the correct call. Force against protected speech exposes the officer and department to civil liability under 42 USC section 1983. Restraint here was the direct application of established constitutional law, not a failure to act. >> Better? >> I'm going to get my phone now. doing. >> Don't pull on my arm like that. What are you >> So I'm telling you right now >> I'm on the No, I'M ON THE PHONE WITH >> to my watch commander. >> I'm on the phone >> you right now. >> I am on the phone with my company. >> Step out of the car or we're going to we're going to take you to jail. >> No, you're not. I'm on the phone with my company. >> Step out of the car or we're taking you to >> No, you're not. I'm on the phone with my company. >> I'm I'm giving you a lawful order. >> Why are you arresting me? >> Step out of the car or we're taking you to jail. >> Why? >> I'm giving you I'm giving you one chance. Step out of the car >> I cuz I have a right to know. I have a right to know. No, y'all not going to bully me like I have a right to know. >> Step out of the car. >> I have a right to know. Why am I being arrested? I have a right to know why am I being arrested? >> Right now. >> You're under arrest. >> NO, I'M NOT. >> YOU'RE UNDER ARREST. >> YOU LET ME GO. >> Right now you're under arrest. YOU'RE UNDER ARREST. YOU'RE UNDER ARREST. Under arrest. Right now you're under arrest. You're under arrest. You're under arrest. You're under arrest. You're under arrest. >> Let me go. Weirdo, don't grab ME LIKE THAT. >> RELAX. RELAX. >> RELAX. >> RELAX. RELAX. RELAX. OKAY. OKAY, RELAX. I know. Relax. >> The neck up. >> Relax. Relax. Relax. You wait 2 seconds until I make sure my officers are safe, THEN I WILL TALK TO YOU. YOU WAIT 2 seconds and I will talk to you. You can say however YOU WANT TO DO IT. LEAVE him alone. I told him to lower the car down so we can get her safely out. You wait 2 seconds until I That's fine. We're recording, too. You can RECORD ALL YOU WANT. IT'S RIGHT HERE. >> WELL, MR. MARINO, OFFICER MARINO, they didn't put the car down when they arrested her. >> Get yourself to where we can move you out of the way. >> You guys are kidding me, bro. >> What the You sing >> Yep, I know. Is which car is the last? >> GET BACK. ARE YOU DONE? I'll blast video in your face. >> I will. RELAX. RELAX. I CAN'T MOVE MY OFFICERS. GET THE Back up. Back up or we're going to have an issue. Okay. Yeah, we'll just put her You got Relax. >> Get off of me. You're dead. >> Relax. >> All right, I got something for you. >> Relax. >> Y'all know who my daddy is, but I got something for y'all. I got something for you. >> Yep. >> We all can >> AS LONG AS YOU'RE NOT INVOLVING MY OFFICERS, I DON'T CARE WHERE you are. Sir, you You say whatever you want. No, YOU CAN STAND OVER THERE. WHEN I AM ENFORCING THE LAW, YOU DO NOT HAVE THE RIGHT to enforce anything on me. That's our job. Yes, we do. If you BACK ME, SIR, IF YOU KEEP GOING, I SWEAR BACK UP. I YOU DO. OVER THERE. Where I tell YOU YOU'RE STANDING. >> I PROMISE Y'ALL I'M SUING Y'ALL. I'M suing you. What's your name? What's your name, you filthy You filthy You filthy You filthy white You'll forever be less than us. That's how you That's why you have That's why you're a police officer. You need the power. You need to feel powerful. You stupid You probably go home. You probably go home and get beat on by your husband. Y'all ain't got Y'all GOT Y'ALL A QUARTER ZONE? CUZ I'M GOING TO PULL IT UP. YOU UP. You didn't read me my Miranda rights. HAHA. YOU AIN'T GOING TO LET ME GO. YOU KNOW IT. You didn't read me my Miranda rights. You're so stupid you didn't realize that. You dummy. You dummy. You dummy. You didn't read me my Miranda rights, you dummy. No, what is y'all doing? Why are y'all taking me here? WHY ARE WE HERE? WHY ARE WE HERE? Why is y'all not taking me to the police? Why is y'all not taking me to the county? What is Y'ALL DOING? WHY ARE Y'ALL NOT TAKING me to the county? If you If you manhandle me like I'm going to kick you in your You'll be What's up, boo? What's up, don't touch me. Nasty. So, I spit in your face. Why are we here? Why are we not at the county? Why >> The lead officer receives a C+. Both parties were heard, and advising the owner to obtain written lender documentation was the right call. However, escalating to forced arrest without a clear criminal predicate on camera and failing to respond to the I cannot breathe statement are not offset by strong early procedure. The vehicle owner receives a B. She stayed in the vehicle, contacted the lender in real time, and gave a consistent account to officers. Asking for the grounds of arrest was legally appropriate. She loses credit for refusing to communicate through the window, which limited verification and compressed the timeline toward force. The property owner receives a B+. She asserted her property rights without physically obstructing officers and correctly identified that no advance notice was given before the repossession, which speaks directly to the breach of peace analysis. Confrontational in tone, legally accurate in substance. The repossession agent receives a C. Proceeding after the subject entered the vehicle and objected was a direct violation of UCC Section 9 609. The required action was to disengage and seek a court order. Every event that followed originated from that failure. Every case like this carries lessons that go beyond the specific facts. Here are five takeaways on what the law required of each party in this encounter. Lesson one. If you are a vehicle owner facing repossession, sitting in the car and verbally objecting is legally significant. Under UCC Section 9 609, that objection obligates the agent to stop. Know this before the tow truck arrives. Lesson two. If you are a repossession agent, once an occupant objects from inside the vehicle, your self-help authority under UCC Section 9 609 ends. Proceeding anyway exposes you to civil liability and potentially criminal charges under state law. Lesson three. If you are a law enforcement officer on a civil repo call. Your authority is to investigate, not to enforce a private contract. Compelling someone from a vehicle they own without a criminal predicate makes every subsequent action legally contested. Lesson four. Miranda rights attached to interrogation, not to the moment of arrest. Advisement is required before custodial questioning begins, not when handcuffs are applied. Until that moment, silence is the safest legal option available. Lesson five. The First Amendment protects speech directed at officers that is profane and personally offensive. That is not a technicality. It is a constitutional boundary the Supreme Court has enforced consistently for decades, and violating it carries legal consequences from either side. If this breakdown clarified how civil law, contract law, and constitutional rights can collide in a single incident, subscribe to our channel for more legal analysis of real body cam footage. Leave your questions in the comments. We read all of them.