In this video, officers responded to a loud music complaint and claimed the sound was plainly audible from 300 ft away. The homeowner disputed the accusation, stating county code enforcement had already determined the property was not violating noise ordinances. He also explained he suffers from documented service-related hearing loss. The encounter quickly escalated into a constitutional dispute over lawful orders, private property rights, and arrest authority. Are you I'll stand. All right. So, we got a complaint about the uh music Mhm. making too much noise. We listened to it from the 300-ft marker. It was plainly audible to us. So, we're asking you to turn the music down. No, sir. What's the decibel level? Uh there's no decibel level. It's plainly audible from 300 ft. All right. Well, >> So, we're asking you to turn the music down. Are you willing to do that? As a matter of fact, no, I'm not willing to do I'm exercising my first amendment right. Okay. We're giving you a lawful order to turn the music down. Okay. You give me a lawful order. >> order to turn the music down. Based on Hold on one second. Uh we've actually had >> one second. Okay. We've actually had code enforcement come out here in regards to the same level um recently and uh we were well beneath the decibel level and uh the ones that you guys have actually sent your case report saying that we are in violation and code enforcement came back out here and said, "No, we are not in violation." Okay. So, we're What is this? Um >> [snorts] >> You're standing here and giving me a lawful order. And this is the information I'm going to give to you prior to you giving me this lawful order. Um Here it is. This is the letter from Department of Veteran Affairs, right? And um this is to address my service-related hearing loss, tinnitus. Okay? I have a service-related hearing loss, sir. I cannot hear as well as the average citizen. And when you basically um implement this um plainly audible standard Mhm. because I cannot hear, right? Plainly audible standard is like giving me any type of parameters whatsoever. Okay. >> What is plainly >> Because I know that I have a service-related hearing loss, I basically go to the ordinance. Okay? And this is 46 131. Okay? And the Bolivar County ordinance. And you guys are trying to I'm sorry, you guys are going with 132. Uh 131 clearly states that in a residential area Okay. All right. So, I'm not going to get into all that with you. >> But I I just wanted to say >> what I'm telling you is I'm giving you a lawful order to turn the music down. Are you going to turn the music down, yes or no? No? Okay. Place your hands behind your back. Um Hold on 1 second. You can back up, please. I'm recording you. I'm sorry. >> That's fine. You can record. Back up. Okay. Back up and record. You can back up and record from in there. Just back up. I'm on my porch. Okay. Um Hold on 1 second. I need your business cards first before you remove this gentleman. So, you're arresting him for a violation that is not a criminal offense. Hold on 1 second. He didn't resist. >> We gave him a lawful order and he refused to do so. >> He didn't resist any arrest. >> that you want to leave here? >> Um no, but he does um your phone Give me your phone. And uh he needs his wallet because he's not going to get in trouble for had not having ID on him. >> no, no. He didn't He's not going to get in trouble. >> Well, this is a false arrest, so and we've already had code enforcement come out. We've had him checked because you guys submitted Yeah, give me your glasses. Jay, give me your glasses. Would you like to keep them, Jay? So, you're arresting him for a noise ordinance violation, which is not an arrestable offense. Resisting is You were on private property. Do you have a warrant for his arrest? You are on private property, though. I'm just recording all the way to the vehicle, and I want your cards cuz I asked you for your cards prior to leaving. Oh, yeah. Um matter of fact, hold on. Can I get your names before you guys all walk off? It's a Drake, Fleming, and Adams. And what sergeant is on his way? Oh, I'm just recording. I'm on my property. I'm not [clears throat] doing anything wrong. I promise. I didn't know that. I'm sorry. I I'm listening. I am. Can you finish telling me that? Yeah. And uh what is he placed under arrest for exactly? It's uh resisting what? So, I want all of the cards, please. Everyone's. Thank you. I'm sorry. All right, this is extremely stupid. For information, we've been dealing with this for what, 4 or 5 >> Yeah, but we've never been in violation. We even had You guys submitted Hold on. Hold on. One second. You submitted a report stating that you guys were going to take that report and send it to code enforcement, that it was going to be redirected. We for you requested all of the reports, all right? And we for you requested Brevard County code enforcement reports, and they even said that we were not in violation with the music at the same level that it is. >> to tell you what happened today, which is we gave a lawful order to turn the music down because it was in violation of the ordinance. He refused to turn the music down, which is resisting. So, you >> Which is a misdemeanor that happened in our presence, so he He showed you his document that he cannot hear >> I just told you >> properly, so we followed the county decibel levels. But, we're not in violation because 60 decibels is still the the order. Claimly audible from 300 ft is now the new That isn't It still does not go over the 60 decibels though. That is the first order. That is the first like county ordinance that comes prior to. Yeah. Did I hear you call 10-15? Yeah, I need you guys' cards, please. Can you Can you roll down the window so I can talk to him for 2 seconds? I'm going to get my mom Okay. and uh Mr. Hooper, and uh so I'm probably going to go to Jacksonville, and uh I will call the same bondsman. Do you know his name? Oh gosh. Um Or what bonds it was? It's it's It's in um Um And you asked for a pretrial release. That is what you asked for when you go to court. It is against the law if they do not give that to you. Okay. I'm letting you know. Okay. But, Kaylin, um yeah, call the sheriff, but my phone is in the um I'm about to go over there. All right. I'm about to walk right over there. All right. So. Yeah, I want the license plate, too. Sorry. And uh where are you guys taking him? To what Where is it at? >> We're taking him to work in a jail. The same one off of US1? Okay. Thank you. You can't even hear it from here and I'm 300 ft away. This is ridiculous. Um can I get the case number, too, as well? I'm sorry. 35 22 35 22