On September 30th, 2025, a dispute regarding unauthorized parking at a John's Pass commercial establishment escalated into a significant law enforcement encounter involving the Panelis County Sheriff's Office. Corporal Swangler arrived at the scene following a dispatch call from Susan Zerneski, a local restaurant proprietor, regarding three anglers who had utilized her business's lot while fishing nearby. The ensuing investigation and the constitutional questions it raised were documented extensively on police bodywn cameras. >> If you're on the phone with 911, you can tell me you're with the police. >> I'm with the police now. Yes. >> So these guys were pulled in our property and I'm just like really. So, what I asked them is, "Can you vacate our property so that we can put our cones up?" And they're like, "My dad owns the other side of the property, so let me think. Hooters and stuff, so they wouldn't vacate." And I'm like, "Really?" And I'm like, "Listen, we own the restaurant for 21 years. All I'm asking you to do is um like to vacate our property and he they're being jerks cuz they're spoiled kids. >> So you asked them to leave and then what happened? >> Did they leave or did they not leave? >> No, they're right there. They're all there. >> They're on that dog off your property. Do >> you have your driver's license with you? >> I'm going to be counled for having a damn because you're young. But we've been here 21 years. >> No, I'm not saying you're wrong in any way. You asked them to leave. Yes. >> And then they became argumentative. >> Yes. And and so >> um right at the moment I don't have a driver's license complaining getting the whole story. >> I can do it the old fashioned way, ma'am. What's your first name? >> Susan. >> S us. >> Yes. >> Do you have a middle initial? Susan. A >> okay, spell your last name for me, please. So, after you asked them to leave, they became argumentative. What happened after they became argumentative? >> So, they threatened me. I'm just like, don't do specifically to threaten you? >> I don't remember. I really don't. But I'm tired. I own this restaurant for 21 years. I just ask people to leave. >> So, you can do what you need to do to close. >> Yes. So, what we're trying to do is put these buckets to protect our property. The kids get mouthy with me and I'm just like, I don't need people kids threatening me, but he all these three kids. So, their parents >> get the IDs of those three right there, please. >> The parents own the parents. Why? >> There was no >> We do. I just need your IDs just for the report. I'm going to deny. >> We're investigating something right now. >> That's fine. Am I detained? >> Uh, you're not being detained, but we're >> investigating something. >> I'm free to stay. I'm free to go. I don't need to give you my ID if I'm not being arrested for a crime. >> What's the other guy that owns the property? >> So, what other property they they m that doesn't matter. They're on your property. You want them off of your property. You don't want them to come back to your property. Is that what I'm getting? >> Yes. Yes. >> Okay. >> So, out of respect and they, you know, called me a and all this stuff, Walt's disabled. He has no use of his left arm and left leg. >> That's why you called us. That's why. >> Just because you're not being arrested. You're being detained because we're doing investigation. >> I am detained. >> You're not free to leave right now. So, you can either give me your ID or you're going to go to jail. >> We're here to try and get it handled for you. Now, >> the only thing I want to get clarity on is the threats that were made. What threats were made? >> Threats were made that they You're not You don't need You're not >> I'm going to hurt you. I'm going to do violence to you. >> Yes. Yes. Cuz Walt is disabled. So I >> What specifically did they say they were going to do violently to you? >> I don't need a specifics. I'm threatened because Walt's disabled. I have to >> threats of violence are a crime. That's why I need the specifics. If you can't give me suspicions, then I don't have the >> Under the relevant Florida statutes, specifically section 784.011, 011. The legal threshold for assault is objective rather than subjective. To substantiate a criminal charge, there must be an intentional unlawful threat of violence combined with the apparent capacity to execute it immediately. Crucially, the law requires an overt act that creates a well-founded fear of imminent harm in the victim. In this instance, while Miss Zerneski articulated that she felt threatened by the presence of the anglers, her subjective emotional state is insufficient to establish a crime. [snorts] Courts have consistently held that course language, insults, or rude behavior, however provocative, remain constitutionally protected speech without a specific overt act demonstrating an intent to inflict physical violence. The discomfort or intimidation felt by a listener does not transform a verbal dispute into criminal assault. Consequently, a legal review would likely conclude that the elements of a crime were absent in her interaction with the fisherman. >> We're here handcuffing someone. I'll be with you in a moment. Susan, >> your body cam's on, right? >> Yep. >> Perfect. >> I have guns on me, by the way. >> I see it. Yeah, >> maybe two. I have one obain. >> No problem. >> Swingler. >> I would like a sergeant. >> He's right there. He's my corporal. >> Okay, perfect. >> Excuse me, sir. >> So, he doesn't want to give his ID. >> Your officer here is violating my rights. my fourth amendment >> to feel safe in my person's predators and property. >> The encounter took a constitutional turn when Deputy Fuller placed one of the anglers, Chris, in handcuffs following his refusal to produce identification. While state obstruction statutes section 843.02 02 generally prohibit resisting an officer. The application of this law regarding a failure to identify is strictly limited by fourth amendment juristprudence as established by the US Supreme Court in Hibel versus Sixth Judicial District Court of Nevada and echoed in numerous appellet decisions. A citizen is typically only obligated to identify themselves during a valid investigative stop supported by reasonable suspicion. In this context, a generic investigation does not automatically grant an officer the authority to compel ID. Since the deputy likely lacked specific articulable facts to suspect the anglers of a crime, given they had already vacated the property, the detention appears to have been unlawful. Therefore, by conditioning Chris's freedom on the production of his ID without the requisite reasonable suspicion, Deputy Fuller's actions would likely be viewed by a court as a violation of his Fourth Amendment rights. >> Let's get it all straightened out. >> Yeah. >> Did you guys have an argument with this lady over here about being on her property? >> She asked us to move. We moved. >> Okay. >> That was it. >> Was there any confrontation about moving, leaving, or anything like that? Insults or anything like that throwing? freedom of speech, throwing insults, but not >> I never I never said anything insulting. I said, "I don't think you should get in your car and drive home with that many drinks. I hope you're not driving home." That's all. That's the biggest insult I said. >> How many of you were over there at the time? >> Just us three right here. >> 69. We're 10 floor. So, just the three of you are over there. Did you guys park there or anything like that? >> He parked there. We immediately got out of the truck and started fishing. She came back, asked if it was our truck. We said yes. She said, "You guys need to move your truck now. I'm calling the cops." We said, "Okay, man. There's we're we're going to move the truck. Give us one second. We're tying." He's finishing tying up a knot. >> My truck move. And she threatened to call the cops and this and that. I said, "Go ahead, call him." >> I got my truck, moved it around there, went the paper, and then >> never went back on her property. I'm not I don't plan on going on. >> To be honest with you, we were 110% nicer than we should have been. A complete ass. >> She was a She is >> Okay, I'm I'm starting to pick that up, guys. So along the lines of her detaining you, >> it was just because you situation. >> What? >> What she was accusing you of started equaling out to a crime. So when she starts asking you for ID, I understand. >> You need proof. Reasonable articulable suspicion. >> And when someone's giving me reasonable articulation, probably I can assume she is. >> But you're only detained. You're not under the moment while we get this. >> This is why I would like >> We're going to go through the whole thing. Okay. If you guys don't mind, >> I would like you >> to take those out of the handcuffs >> and then we can go around getting your statements which if you provide your identification, I can take your statements. >> I would I don't need a statement. There's no >> It wasn't literally what it is is she asked us to move about correct is what you're saying. >> Yes. She asked us to leave >> cuz by the time I got here, you guys are over here on this propert I was already over here. I was when she came I wasn't even over there. I wasn't even I got Thank you. Thank you very much. Okay. Put that right in front of you, sir. >> Yes, sir. >> Okay. >> Came around the corner, started screaming and hollering at us. We knew that. >> Listen, we're going to get it situated out there, right? So, I got my truck as soon as she said something. I around the corner. >> You can see my truck over there, paid to park, and went over here and fish. The only >> reason, like I said, I got to get every angle from you guys. Okay, >> that we did over there is tied our lures. That's it. That's >> on my tailgate. And then she came out. >> She said, "You guys move, you move." >> Yeah. >> Hang out with this deputy here. I'm going to go get this. >> We'll keep fishing. >> You do understand what you did. It's wrong. Right. >> I'm sorry. >> You do understand what you did is wrong. >> Okay. >> So, when you asked them to move, they just got mouthy, but then they moved, right? Absolutely not. >> Threaten me. >> Okay. Explain to me, Susan, >> how they threatened you. What did they say that was a threat? >> You have to realize, >> Susan, stop steering away from the question I'm asking you. >> I here for my life because I don't know if they have guns or anything. They should not be in my parking lot. >> Just letting you know. >> We have constitutional rights here >> and you took an oath to protect it. >> I understand that. What I was doing, >> what's your name and batch number? >> I'm fuller. I'm deputy Fuller. 58236. >> 58. >> So, the whole reason why I detained you and I was asking for your ID. Like he said, he got here first. I was here second. I was asked to get your ID to get your side of the story cuz we're investigating essentially a trespass >> 58236. >> Number one, I asked them to move and they would not move. >> By the time I got here, they were moved. Okay. >> Yeah. You know why? Because I called 911. That's why they moved and that's why they changed their story with you. They're super smart. >> I'm not saying they're changing their story. They said they parked here. They were putting on their lures. You told them to leave. >> They said they exchanged words with you, but then they moved and left. >> That's a bunch of crap. That's number one. >> Okay. >> And so I get it. So we're just trying to figure it out. I'm not trying to I wasn't trying to jam you up. And I understand that you have your constitutional right. However, when we're trying to investigate something, we have to we have to get your >> You have to investigate before you make an arrest. Exactly. >> Correct. I wasn't making arrest. I was detained, which is equipped. >> I was detained. No, it's not. >> You took my freedom away. >> All right. >> Do you want to come over and tell them that they're trespassed and cannot return to your specific property right here? >> Yes. >> Okay. That's all. Listen to what I'm going to tell you. All you have to say is you guys are trespassed and cannot return to my property. At that point, you are free to walk away and come back over here. Okay? I'm a meaning they can come to our property. Okay. >> Listen to what I'm saying. >> When you talked to her, did you not see? >> I didn't specifically talk to her. I just walked over there. My corporal advised to get your guys' ID. So, it sounds like he was investigating something. I asked simply just for his ID. He wouldn't give provide it. I asked for a name, he wouldn't provide it. So, at that point, you're essentially obstructing an investigation. >> Okay. Obstruction. I have to physical act. That's I have to physically I'm not just going to go back and forth. I explained it to you. I promise you. What crime did you think that we did? Tres like >> So it was trespasser trespassing after warning. So she [snorts] said, "Hey." >> So hang on. So she was saying, "Hey, what we were told, what our call notes read was that she had asked you guys to leave the property. Obviously when we got here, you guys weren't on this property, even though he's trying to get the story. We're just trying to figure out what's going on. So all I'm trying to do is just ask for your information just so that we can have it document." It could have gone as simple as, "Hey, I just need your information so we can document it." So, we had to >> I have the fourth amendment right to feel safe in my person's place in property and that includes my identification. >> Aside from that, right when >> did you get your payroll number for me? >> I gave it to you like four times slowly. I your 825 I >> I gave it to you like four times. I don't You've asked for it. I gave it to you. >> Aside from whatever else happened >> when we pulled up, trespassing after warning would mean we would still have to be trespassing after she warned us. You had no proof that >> the defense raised by the anglers that they were no longer on private premises upon law enforcement's arrival is legally significant under Florida's trespassing statute section 810.09. The offense of trespass after warning is contingent upon an individual refusing to depart or willfully remaining on the property after receiving notice. Evidence suggests that the group had already complied with the owner's initial request to vacate the lot before deputies were on scene. Constructive or actual notice serves as a warning. But if the subjects heed that warning and exit the boundaries of the property, the elements of criminal trespass are generally not satisfied. Consequently, the officers lacked the requisite presence factor often needed to sustain a warrantless arrest or prolonged detention for this specific offense as the alleged violation had already ceased. >> Again, that's what we're trying to figure out. That's what we're investigating because all you guys are new. I've been here 21 years. Okay? >> I'm not new. Okay? I'm a supervisor. I've been working here for over 10 years. That has nothing to do with being new. Stop bringing that up. Okay. >> Whether I'm new or not does not change the facts of what's going on here. >> My private propert. And all you're going to say to them is please, you guys are trespassed. Do not return to my property. At that point, you turn and walk away. >> Okay. Perfect. >> Okay. Do you have someone driving you this evening? >> Yes, I do. >> You have someone else. Okay. I just wanted to make sure. >> Yeah. >> Come with me real quick, Susan. In my personal opinion, I think the fact that she was drunk, y'all talking to her, y'all should have came to that. >> I again, I wasn't the one that initially talked to her. >> Hey guys, listen real quick. She's just going to say one thing to you. All she's going to tell you is that you trespass from her property and you can't return that. >> She returned that. She already told us that. And that would be from like the palm tree just around this corner. Just >> I'd have to pull up the parcel to make sure, but that would take a few moments. >> Okay, >> Susan, these three gentlemen are here. >> Please do not trust So, do you don't want them to return to your property? >> Yes. >> Okay, >> easy enough. Thank you, Susan. >> Thank you. >> Make sure you had someone driving you, hun. >> That's what I said. >> I believe and I'm going to make sure that that happens. >> Thank you. >> So, and the way this works to be honest, >> it's a civil matter. Go ahead. >> I would go make sure she has her, all of her information. She has someone driving her. >> Oh, yeah. like you want it like >> I have her ID and everything else, >> but just make sure she has someone driving that's not her. >> We all would have been so nice to the lady, right? We we are not mean people. We're not mean kids. We would have been nothing but respectful and nice. We knew >> I understand and I believe you because she's having a hard time understanding the simple words I'm giving to her. >> Okay. We tried to explain to her that, you know, we'll leave and we'll leave you alone and you could go about your day and we won't bother you no more, right? But she just >> she didn't like that. She she insisted on the process >> and and that happens. I get it. You guys are just out here trying to do your thing and fish. You're not out trying to bother anybody. >> I'm not trying to get >> Do you have somebody that's driving you? >> Yes. >> Who's going to be driving you? >> Brian. >> Okay. Brian, are you sober? >> Yeah. >> What's that? >> You're sober that where you can drive her? Yes, of course. >> Okay. Cuz we don't want her to drive home because obviously there's concerns that she's under the influence. >> Oh, okay. >> Or drive wherever she's wherever she's trying to go. >> Okay. >> Absolutely. >> Okay. Brian, what's your last name? Okay. So, he's driving you this car or in >> Yes. >> Okay. >> You're thinking about bringing AR out here? >> Yeah, I was thinking about my >> thing to the pistol. >> You're within the law now, >> right? And she from what she tells 911, you guys can request the 911 thing. >> That's why we're getting out with you and everything else. She's saying that you guys are threatening with her with guns and everything. Really? >> Do I believe it? >> Really? >> No. But at the time, that's what we're going on. You guys didn't flee. You stood here. You removed yourself from her property automatically. That's cool. So, the only thing that's going to happen tonight is I'm just here with her while she issues you trespass warning. >> Right. 100%. >> And that's it. So just if you guys don't go back on her property, >> I never planned to ever go, >> right? >> Just to park that one time, I guess. But that's never going to happen again now. >> Using the lots and everything else is always so much safer, especially when there's people like this who just the only thing she keeps repeating is I've been here for 20 years. >> So that being said, I am going to request but not force you to because you do not lawfully have to because a trespass warning is a civil in nature. If you guys could provide me your identification, that way I can just officially document who I spoke to and who was not going to get his identification. >> I'm just asking. I'm not saying you have to. >> I'm going to I'm going to respectfully deny that. >> And that's okay. It's simple. Thank you for asking. >> She on the other hand did not ask and I would like for you to address that. It could be in private. >> I'm going to go over all of it. Trust me. >> Thank you. >> But with the information she had at the time, that's how she was reacting. And >> just understand we get with people who are super aggressive and everything like that. >> I nothing should be held personally with you. >> All you're doing is just putting up a statement in your system, right, of what happened today. >> Yeah. But what happens? I'll explain it. I just build a report that says at this date in time, this business owner elected to trespass these three subjects from her property. They were advised if you do return to her property at any point in time, you could be arrested for trespass after warning. >> 100%. I understand. >> Does that make sense? >> Yes. Yes, sir. The resolution of this incident highlights the critical role of field supervision in preventing civil rights violations. Corporal Swangler's intervention effectively neutralized a potential lawsuit. Rather than ratifying his subordinates error, he engaged in a denovo review of the facts, ultimately releasing the detained citizen. This willingness to correct a colleagueu's mistake on the scene demonstrates a high level of professional integrity. Conversely, Deputy Fuller's approach attempting to convert a consensual encounter into a command and control detention without proper legal predication illustrates a fundamental gap in constitutional training. Her immediate escalation to handcuffs based on a misunderstanding of stop and identify principles represents a liability for the department. Do you believe the corporal's method of correcting the deputy privately was sufficient or should there have been a more formal intervention on the spot? Let us know your thoughts regarding the civilians. The fishermen provided a textbook example of how to assert rights under pressure. By maintaining their composure and refusing to wave their protections without becoming physically combative, they preserve their legal standing. In contrast, the property owner's utilization of emergency resources for what amounted to a resolved civil grievance underscores the burden placed on the justice system when 911 is used as a tool for personal retaliation rather than public safety.