WOAH! WOAH! HUGHES, BACK OFF. What the hell are you doing? [ __ ] THAT'S UNLAWFUL DETAINMENT. WHAT THE HELL ARE YOU DOING TO A 12-YEAR-OLD? SERIOUSLY, SHE'S 12. SHE'S A MINOR. AUSTIN police respond to a disturbance call involving a family at a Texas mobile home park. The parents deny any altercation, while a Navy veteran repeatedly questions the legal basis for detention. Officers attempt to separate and question their 12-year-old daughter, who refuses to go alone with a male officer. Despite no clearly stated crime, officers assert control of the scene, escalating a dispute over detention powers and constitutional rights. I'm officer Willis with the Austin Police Department. We got called about a physical disturbance. We have people that witnessed y'all being physical with one another. No. It never happened? No. Is there any reason why someone would believe that y'all were being physical with one another? Not that I can think of. What crime am I suspected of? Texas Penal Code 38.02, what crime am I suspected of? I'm not necessarily sure what you're asking me. I I explained to you why we're here. We got a call about a physical disturbance between you people and you. No. There's no physical disturbance between us. I'm just letting you know that's why we were called here. Yes. And what is your name and date of birth? What am I being arrested for? You're not arrested. You're just detained right now due to the call that we're here for. This is not a traffic stop. So, what am I being >> for service? We didn't call you for service. Someone else called about a physical I don't >> between you guys. Yeah. Was it an anonymous call or who was the who was witness? Yeah. Okay, so What is your What is your reasonable articulable suspicion? You're not arrested. Again, we got Texas Penal Code 38.02. The father repeatedly asks officers to identify the crime justifying the detention. Under the Fourth Amendment, officers generally need reasonable articulable suspicion before detaining someone or compelling identification. Yes, sir. I don't know why you keep repeating that. I'm explaining to you we are here >> Because it's a state law regarding ID. Okay. So, I should not have to I I I don't matter. Okay. Do you want to talk about the disturbance or not? I told you there was no disturbance. >> Okay. So, I have to write a report, I need your name. No, you don't. >> for a lawful reason. That don't mean jack diddly poop. Maybe to you it doesn't. Under the law it doesn't, ma'am. Are you lawyer? Are you going to school for a law? I've had plenty of expe- I'm 40 year- 49 years old, just turned 49. So, you realize I'm a United States Navy veteran. Are your children in there? Yes, we have a 12-year-old daughter. Okay. Almost 13. Do you want to go back there? She's 12 years old and she doesn't have to be questioned without the accompaniment of a parent. There are She can have my mom She can have her mom go back with her. Okay. Let's go on. If that's what she chooses. If but if she does not choose to go back there with you, by law she does not have to. So, we have the authority when people are being detained to put them where we want them for the security or for the security of our investigation. And what reasonable articulable suspicion that you have that your safety is that your safety is uh Safety and security of the investigation. >> And you're talking kind of referring to Pennsylvania v. Mims, which is refers to traffic stops, which No, I'm not referring to traffic stops. We're in the security of an investigation. What about her personal security? I don't know. You're a male. That's fine. I'll be Everything's on camera. It's fine. That don't mean squat. Cops violate all the time on camera. The encounter escalates after officers attempt to separate a 12-year-old child from her parents without identifying a specific crime she committed. WOAH! >> WOAH! HUGHES, BACK OFF. >> [screaming] >> WHY ARE YOU RE- WHAT THE HELL ARE YOU DOING? That don't Willis? That is considered an assault and battery, unwanted touching. And she is a minor. Officer, unclench your fist. What if we go to the picnic table where you can still see her? She doesn't want to leave the the accompaniment of a parent. And you do not have the legal right to question a minor without the parents or a legal representative present. First of all, you're a lawyer. She has an attorney. You need a lawyer right now. Oh, [ __ ] [ __ ] >> want to make everything It's called >> Security. Oh, so you don't believe in the Constitution? Did you not swear an oath to the Constitution? She has a Fifth Amendment right. Right. And a Sixth Amendment right. What? Right? What do you say? Rights don't matter? That's not what I said. But she has a right, not a requirement to give everything. Right means it's it is a requirement as in you cannot take it away. Okay. So, let's go walk over to that table. She has a right to refuse, Officer Hughes. Yes, I do. What is she being arrested for? [ __ ] THAT'S UNLAWFUL DETAINMENT. WHAT THE HELL ARE YOU DOING [screaming] TO A 12-YEAR-OLD? WHAT THE HELL ARE YOU DOING TO A 12-YEAR-OLD? SERIOUSLY, SHE'S 12. SHE'S A MINOR. OFFICERS state the child is not under arrest, yet she is handcuffed after refusing to separate from her parents, raising Fourth Amendment concerns over unlawful detention. You are VIOLATING OUR RIGHTS. GET A SUPERVISOR ON SCENE NOW. NO, [screaming] NOW. Release her. Get a supervisor. She can stand right there. She's not going anywhere. [ __ ] it's unlawful detainment. Unlawful detainment. What is your reasonable articulable suspicion of A CRIME? WHAT CRIME? WHAT CRIME? PEGGY? WHAT? All right, well I want to request a supervisor. Call your attorney now. They just put her in handcuffs. That's why she's supervised on the way, okay? She doesn't want any trouble. We just have to Then why the hell did he put his hands on her? That don't mean [ __ ] We have the right to not be cooperative. It's called the right to remain silent. Do you know how many freaking oaths y'all are violating? How many constitutional rights? I thought Austin trained better than this. You're even violating the I-Care Act, your policies. Yes, you are, Officer Willis. Officer, again we have supervisor coming out to speak to you, okay? And we'll elaborate further. And as a father, I will do what it takes to protect my child from unlawful hands from another man. Okay. You understand that, Hughes? Yes, I do. I have every right to self-defense and self-defense of a third party such as my child, and you went hands-on. Yes, I did. You escalated. Did you take the escalation training or is or did Officer Golden teach you how to behave be a cop? And we have the right not to talk to you. And you All you're just So, unlawful detainment and also unlawful arrest. And then you assaulted and battered my daughter. And I've got it on I'm recording. I know. Yes. Why do y'all have to escalate based upon an anonymous phone call? Oh, yeah. Oh. Oh, let me guess, she works for CPI, which means they're stalking us in violation of the court order. CPI CPI, Department of Children and Family Services. Well, maybe you should verify who it is that called. Maybe you should find out exactly what the hell they supposedly alleged we did. Do a [ __ ] investigation. We're in the middle of doing that. No. Harassing people is not investigating. Putting your hands on my daughter is not investigating. Security of an investigation. Yes. What the hell law is that? What law is that? Yeah, what law says you have a security to an investigation? Where's your warrant? You need a warrant to do it. In order to be able to detain and secure, as you say, you need a warrant. You need a warrant to detain someone? To arrest? Or upon probable cause of a crime. Not oh, security of an investigation. That is not a crime. What law is that? What crime does it become? Is that a felony? Is that a misdemeanor? Is that a traffic infraction? What is it, Officer Hughes? How long have y'all been on the force? Six Less than 6 months? Y'all are both behaving like you're fresh out of the academy. Oh, woohoo. Yeah, it's cuz you're improperly trained somewhere else. Were there any possibly pending that you leave in lieu of uh in lieu of an investigation? Cuz the way you just put your hands on a 12-year-old a 12-year-old female child, Officer Hughes. Do you feel proud of yourself putting your hands on a 12-year-old female child like that? Just because she did not want to go off with you alone. Also, you think it's okay to put it on my daughter, put your hands on my daughter. Well, obviously, you have a complex, sir, that you think that you got to put your hands on a female child. And you won't knew ahead of time she was a child, a minor. You didn't even give the opportunity to ask the mother if she would go as a witness. You immediately put your hands on her before she even had a chance to ask her mother. Did you not listen to what the hell I was telling you before you put your hands on my daughter? Obviously not. I said, "Maybe she'll go with her mother." And then before that you But because I made that suggestion, put your hands on my daughter immediately after I said that. Now, there's something wrong with that. I've got it recorded. You didn't give her a CHANCE TO DO [ __ ] YOU CLOSED THE GAP AND PUT your hands on her arm twice. Three times, and then the fourth time was the helicopter. Let's see if he can get me a supervisor. Can you request it, please? Corporal? I want a sergeant or better. And who's your corporal on duty tonight? Say again, I'm a little far away. P A D R O Thank you. And who's the sergeant on duty? All this because somebody called you with no specific details of anything. Got 18 USC 1983 lawsuit. Violation of rights under color of law. Because there is no law. You You You colored so out far outside the lines it's not funny. What crime did you suspect my daughter of that you had to lay your hands on her? Why is she still Are you still in handcuffs, Arcel? So, why is my daughter still in handcuffs? What crime is she accused of committing? That's not a crime. That's called self-preservation and protection. That's called self-defense. So, my daughter would have whacked you in the gonads, that would have been perfectly fine. And she was about ready to. We taught our daughter to stand up for her rights. We're both veterans. No, you can't. Cuz you're violating the Constitution as we speak. And have been within 10 minutes of arriving. And if y'all wanted to ask, I did have a pocketknife on me, and I disarmed myself and left it in the basket of my scooter before when I saw you sitting there. It's technically not a weapon, it's a tool, but Officer Hughes, a male officer, escalated on a 12-year-old minor because she refused to walk off with him alone. Officer Hughes here thought it thinks it's okay to take women around to the around out of sight. Especially 12-year-old female children. That is totally pedo creepo. My daughter felt as such and refused to go with him. So, what does he do? He puts his hands on her and handcuffs her. For no crime. She wanted to have a parent present during any and all questioning. Which she has the right to do. A right. Texas constitutional rights, parental rights. They are allowed here in the state of Texas. Officer Hughes seems to think seems to think that it don't matter if someone's 12 or 82 or 102, rights don't matter. No, she didn't. I didn't say a word. I let her speak for herself. My wife let her speak for herself. This encounter focuses on whether officers lawfully detained and handcuffed a 12-year-old who refused questioning without her parents present. Officers cite investigative authority and scene security, but do not clearly state a specific crime. The father repeatedly invokes Fourth Amendment protections against unlawful detention and Fifth and Sixth Amendment rights, raising questions about constitutional limits during police encounters.