Tell him you were temporarily detained at this time. >> No, you're not. What you're going to do is you're going to put your hand behind your back. You're do not resist behind your back. >> Are you kidding me? >> Are you kidding me? >> On July 11, 2024, a domestic battery call at a Florida workplace forced officers to navigate competing allegations, a contested history, and a suspect who refused to cooperate. Two people, seven years of marriage, and a sobriety relapse in progress set off a chain of events that required law enforcement to make clear-cut decisions under real time pressure. >> So, uh, >> so my wife, uh, came, she's had two DUI and she's, uh, relaxed and drinking. >> When she drinks, she gets aggressive. I believe she's been drinking now. She came to my workplace. Um, I asked her to step outside cuz she was getting aggressive. And when I stepped outside, she hit me and she continued to hit me. So I called you guys. >> She's uh she got in her car and I believe she's been drinking. >> Okay. Do you have your license? >> Well, not on me. >> You're fine. You're fine. So where was she hitting you at? >> Around the back of the >> No, I'm saying like um like face. >> No, the chest. >> In her chest. You might have >> actually hit me right here. >> But if I see your uh >> didn't really leave a mark, was it? How how um how long has you have you been married to her? >> Seven years. >> Seven years. >> Okay. And she was drinking. >> She wasn't drinking here. I believe she has been drinking. >> I think you guys should give her a breathalyzer. >> What was the uh argument over? >> Um we're working on a trial separation and uh she's just texted me at work about it. It's the arguments are really because she drinks. >> I did. I was up there with two employees. >> Um, you have cameras inside or it wasn't inside. It was on the side. >> There's no cameras in the office. >> Okay. But it was on the side of the building where she hit you. >> Cameras in the back. >> You scared me. >> All right. Just stay right here for me. >> Thank you for your service. >> Hey, thank you. Excuse me, ma'am. >> I'm sorry. I'm sorry. Give me just one second. >> Excuse me, ma'am. You mind if I talk to you? >> No, I actually >> I just just hold tight. Just hold tight for me. Okay. >> I have friends inside. >> Okay. >> So, I'd rather you talk to them, >> but I I need to talk to you. >> No, it's fine. But I'd rather you talk to >> Papa 317 and Papa 314 to Papa 317. >> I have friends inside. >> Just stay right there for me. >> Can you step outside? >> Can you talk to them, please? I'm going to get my >> I'm going to talk to you. No, no, just just airhead for me. Okay. >> No, no. He's already been labeled as abusive. >> Hey, step back. Step back for me over here. >> Being rude. >> I'm just trying to get you all separated. Okay. >> I have friends inside who can attest to everything that he is saying, anti. >> Okay, listen. We'll get to that in a few time. Okay. >> No, please stop. I'm not. >> Stop what? I'm here to help. >> No, you're not. Oh my god. Because I have an attorney who says that you're not here to help. >> Why would I not be here to help? >> Can you please call Carol? >> I'm not going to call him right now. I need to talk to you. >> It's not him. It's a >> Her name is Carol. >> Please call her. >> All right. >> This is ours. >> Do you have an ID? >> In my car? Yeah. >> In your car? Okay. All right. Explain to me what's happening here. Why Why are we here? That is my husband. >> Okay. Husband. There we go. >> My husband, please, please contact an attorney. >> I will contact her. >> No, I don't need to tell you what's happening. I'm not going to. You need to know that he is the most manipulative ever. He is called DCF. >> He has done everything. >> Okay. >> Please stop. Please. DCF is actually making a case against him. >> For what? >> Right now? >> For what? >> For abuse? >> For abuse on >> me? Okay. Why would DCF have an abuse or a case on you? >> Because he keeps calling DCF and he has no proof. >> But why are you still with him then? >> Do you know anything about abuse >> or not? We deal with it every show. >> Do you not? Oh, okay. Then you would know that a female hangs on to abuse >> for personal choice. >> Jason, it is not personal choice. >> Well, we're going to find out when we when we find the security camera. We're going to take a look at exactly what happened. >> We're going to figure out who's lying to us. >> I'd love that for you. >> Yeah. So, just hang tight. >> Answer his questions and we'll go from there. >> I have been answering his questions. >> Fantastic. Keep doing that then. >> You don't need to be a smart. >> You don't want to be dumb. No, I'm going to walk away because I'm not being held. I'm not being held against my will. Please stop. I have my attorney, Carol. I will have her contact you. He is a problem. He has already been reported as a problem. He has actually been arrested for domestic violence >> on his part, not mine. >> I am so sorry that this is happening. >> No, ma'am. >> No, I am actually going to walk away. >> No, ma'am. You are temporarily detained at this time. >> No, you're not. What you're going to do is you're going to put your hands behind your back. Do not resist behind your back. >> Are you kidding me? >> Are you kidding me? >> Not quite. >> What is happening? >> What? I'm not. I'm not. I am not. What are you doing? I am not. >> We told you what to do and you did not listen. >> WHAT ARE YOU DOING? I DID NOT. I NEVER once not listened. >> Ever. >> All right. This one's probably going to want to do it. >> I never not listened. >> Ever. >> Face the wall. >> Face the wall. >> I never not listened. What are you doing? >> You pulled away from us and you tried to walk away after we told you you're NOT GOING TO >> NO, I SAID MY attorney would step in. >> Yeah, he's going to after this. She >> she >> Okay, they >> Please stop calling her a him. It's a she. >> Put her in the car. >> Yep. >> I have not done anything wrong. >> I have not done anything wrong. I have not done anything wrong. >> You want to p it off? >> Yes, I'll do that if y'all want to throw a pair of >> Okay. Yes. Absolutely. >> I have not done anything wrong. I don't understand your hand. >> All right, I'm officer portal. Okay, I'm going to I'm going to patch you downstairs quickly in the back. >> You can see my leggings. I have nothing. >> All right. The reason I'm doing it is because I'm a female and you're a female. We don't want to have any issues. >> Oh my god. This is my ex-husband making it move. >> Do you have anything on you? >> This would have been a lot different or anything. >> No. This is my ex-husband making. Listen. Do you have anything on you? >> Nothing. I would never. >> Do you have anything on? >> Oh my god. No. >> Spread your feet. >> I would never. >> I would never. >> I love that you guys are on his side. >> Stop moving. Stop moving. >> Face the car. >> On your face on the ground. your finger. >> Put your feet. >> I don't care. >> There's nothing to be afraid of. We're just doing our job. >> We were trying to talk to her. >> Did you hear him? >> She came out of the boyfriend thinking the other officers. We got in the way told her, "Hey, just step over this way off the back." She was my attorney. I won't talk to you. I'm not my attorney. And then we she started to talk a little bit and then she was like, "I'm going to leave. I don't want to be here and I told her, "No, man. You were not temporarily detained." And that's when she kept trying to go. I held her forever. She just >> I would never I would never. >> Is he a boy or something? >> He's a player. >> Okay. Okay. >> I would never. I would never. >> I would never. >> I have six kids. I would never. >> He's even had me taking care of his own six kids. I would never. >> I would never. >> Go ahead. >> I would never. >> I would never ever. >> Are you serious? >> I would never. >> I want to call my mom. Please. or my attorney. Please, can I please call my attorney? >> You get an opportunity. >> No, I know y'all's opportunity is No, I didn't do anything wrong. I didn't do anything wrong. Okay. So, we're talking >> under Terry v. Ohio 382 US1 officers may briefly detain a suspect based on reasonable articulable suspicion of criminal activity. A firstirhand victim account of battery at his own place of employment satisfies that standard without question. Florida statute section 784.03 03 defines simple battery as intentionally striking another person against their will. Pushing and striking the complainant in the chest at his workplace satisfied every element of that statute. Florida statute section 843.02 prohibits opposing a law enforcement officer in the lawful execution of their duties even without physical force. Announcing a departure during a declared temporary detention triggers that statute immediately. Illinois v. Wardlow 528US119 confirmed that attempting to leave during a lawful investigative detention compounds reasonable suspicion and justifies further enforcement action. Walking away did not protect this subject. It added a second criminal charge. Miranda versus Arizona 384 US436 requires officers to advise a suspect of the right to silence and the right to counsel before custodial questioning. The advisement was delivered on camera in full twice. that constitutional obligation was met. Bergwise v. Tomkins 560US 370 holds that once a suspect clearly and unambiguously invokes the right to counsel, all questioning must cease immediately. That is not a suggestion. It is a constitutional mandate. The subject asked for her attorney multiple times throughout this encounter. Whether that invocation was formally honored the moment it became unambiguous is the one open procedural question this footage raises and it matters for the admissibility of any statements made after that point. Department of Children and Families investigations operate on a separate civil track from criminal law. Officers responding to a battery call are not required to reconcile an ongoing administrative matter before making a probable cause arrest based on present scene evidence. Atwater v. City of Lago Vista 532US 318 confirmed that officers may make a warrantless arrest for a misdemeanor where probable cause exists. A credible victim statement, a potential witness, and possible camera coverage of the incident collectively provided that basis here. >> I was talking with one of the reps in there. She's supposed to be getting us access to the camera. We find out exactly what happened. >> Okay. Because he was telling me that they didn't have for some reason or in a in a man. That's what >> Oh, what happened in the back? >> Yeah. Uh where she parked at. >> That's where she >> Oh, that's that's where it actually happened is back there. >> Yeah. Okay. >> He He's an employee. He had to go back in, but he's coming right back out. I already got a sworn from him. So, what what happened? >> Wait, what exactly happened? >> So, she didn't tell me. >> She didn't say anything. All right. So, >> she came here being loud at his place of work, saying that she was going to embarrass him. So he asked her to step outside and she became loud and irrated and she uh they walked back here and he said that she pushed him twice and punched him in the chest with open hand. >> Oh, so she like palm strike him. >> Yeah. Okay. I mean, I didn't see. >> She's also saying that she's got friends here that will attest to everything that he did, but she wouldn't elaborate on what he did other than being manipulative, anshole, whatever she wanted to call him. >> That he was calling DCF on her and that DCF's working a case on her. >> Yeah. He uh he said they're going through like some kind of separation u some kind of separation trial that they were going through. >> Okay. That's what I'm just >> Okay. which didn't make sense about the stuff that usually don't get. >> So, how did she end how did she end up in co? >> Well, because we told her that she's gonna hang tight and she goes, "No, I'm leaving." I said, "No, you're not. You're led staying here." >> That's why I asked y'all to step outside because I had both of them. So, I >> Yeah, you're fine. She turned she went away for breakfast. >> But, so she said that she wasn't going to stay put. >> No, she she tried to walk off the stairs. That's when I told her, "No, you were temporarily now temporarily detained." Hower went to go grab her, pull her back. She snatched away. That's what we said. >> We also said something about her possibly drinking. He said he didn't see her drink. >> I can smell it on her. >> Okay. Okay. >> But we didn't we don't have any kind of wheel. Do we have wheel witnesses? Do we have anything? >> No. >> Um but they were saying it's all hearsay. I mean they heard that some that it was a domestic issue going on but they said it's all hearsay. >> One of the employees will check the camera for you. >> Okay. >> Well, they're also stating that the uh there's potentially no cameras in the back in my back. The memory says there's at least one that points in that direction. I don't know if it's functionable or you have to move it, but >> please just look at the text messages. >> Give me just one second. Okay. >> Can you please just look at the text? >> Give me one second. Okay. I'm going to read you something. Okay. >> No. Can you please look at the text messages? >> Before we move any further, let me read you something. >> Are you kidding me? I am in pain. My wrists hurt. He has told me all along he will kill me in all of this. >> Okay, just give me just one second. >> DCF is involved. Can you please call DCF? Please call DCF. >> Can you please call DCF? >> Give me one second. >> No, please call them. >> Um, he just said near Witchy Park and I'm guessing it's the gravel parking lot. We'll find out. I got this. >> Can you please call? >> You have the right to remain silent. Anything you say can and will get you in court. I don't know what I've done. >> You have the right to have an attorney with you prior to, during, or after any questioning. If you cannot afford an attorney or and desire one, the court will appoint one for you. Whatever. >> You may stop you may stop the question. You may stop the questioning at any time by refusing to answer further or by requesting to consult with your attorney. >> Do you understand what I did? Do you understand these rights? Explain. >> Please tell me what I did. >> Do you understand? >> No, I don't understand them. >> Having these rights in mind, >> having these rights in mind, >> please tell me what I did. >> Do you wish to answer any questions or make a statement? >> I am asking you what I did. >> Do you wish? >> I am asking you. Yes. What did I do? >> So, you understand what I've explained? >> Yes or no? >> No. Because what did you do? Do you know that DCF has him under investigation? >> Do you know that? Can you listen to me? Do you know that? >> Can you listen to me? >> Before we move any further, can you listen to me, please? >> Do you know that he has under investigation? You're not trying to work for me. He has a lot of work. Okay. >> You're not. >> So, you don't wish to answer any questions? >> I'm asking you, do you know what DCF has discovered? >> Before we move any further, >> do you know what DCF has discovered? Please answer me. Move your foot. Please just answer me. >> Move your foot. >> Please. >> Before we move any further, I just want to go home. >> Okay. And I'm trying to be with him. I don't want to [clears throat] You're being uncooperative. I'm not so help. >> Please. I don't want to be with him. >> Help me. Help you. Okay. I'm going to read this one more time and then we're we're going to we're going to talk. >> Oh my god. It just feels >> okay. Will you please listen to me for five? >> I'm trying. You're not listening to me. >> I know. I know. Can you listen to me for five five seconds? Do you see exclaimed him to be abusive? Okay, you are arresting me. They've already claimed him to be the abusive person. This is where the law and reality don't match up. Please know that if you call Carol Gold what she will tell you what he's done is typical. And he was actually arrested for 5 years for domestic violence. That's what he did and got it erased. Okay. Please, I'm just ask >> Please go >> just for signal 14. They have not yet. >> Okay. All right. Well, he has some paperwork for you. >> So, this is a victim's right guide for you that just has a little bit of literature on your right. Sounds pretty self-explanatory. It's also got a phone number right there. Um, it also has Officer Bryant actually taking the primary or >> uh I think Reuben is >> okay. Did she drive home or did she drive away or >> No, she's still here. >> Um, so yeah, it's got surprise information on here as well as the case number for you. Um, now >> please go Carol. >> We're going to get to that, but I need you to listen to me. Okay. >> Okay. Okay. >> So, I'm going to read this again. >> Okay. >> You have the right to remain silent. Anything you say can and will be used against you in court. >> You have the right to have an attorney with you prior to, during, or after. >> And I'm asking for an attorney. >> Okay. >> I'm asking for Carol, please. >> All right. So, I have some questions for you. Okay. All right. Has your partner ever threatened to kill you or use a weapon against you or your children? >> Um, a weapon? No. >> Has she ever threatened to kill you? >> What about the other Yeah, multiple times? >> Multiple times. Can you elaborate on that? >> Um, well, she's a drinker, so when she gets to drinking, she normally makes lots of threats and and uh is very aggressive. She's physically violent when she drinks. I know her threats to combing are not serious. Yeah. >> Has your partner ever strangled, choked you? If so, was your breathing restricted? >> Yes. >> To both of them? >> Yes. >> Can you elaborate on that? Um well that back when she was drinking heavily before the the latest DI DUI cuz she checked into Lake View and uh after the last DUI and she was in there for 8 weeks and then after she got out there was a period of her not drinking at all and she was doing better. Um only in the last months has she started to drink again. She she has been aggressive in those times, but not to the point where she had been previously um before she got her second DUI. Uh there would have been multiple times where she's, you know, tried to strangle me or I mean I'm bigger than her, so it's not like she can stop me, but usually she puts all her weight into me and use her arms and her legs and um she bites, she pulls hair, um she does whatever she can. to hurt me. Okay. So, I have had to call the police over the years and lately since she's been drinking and driving um on two other occasions, she's been too drunk to drive and she's gotten in the car and I've called the police, but uh you know, you you guys didn't catch her, so >> it keeps on happening. >> I gota All right. So, does your partner have any access to firearms or weapons? No. >> Has your partner ever attempted or threatened to commit? >> Yes. And I did report that we she had an open DCF investigation and I reported that the DCF the DCF had >> Yeah. >> Is it not ongoing anymore? >> She had she hasn't done that since then. She had done it in front of the kids and made a scene. Um, I coached my uh six-year-old soccer team and I was about to take her to soccer when she was making these threats and she was making them in front of the kids and then she wouldn't let me take her to soccer and it was the first practice and we had called her mom to intervene and then we had called DCF as well to just making threats in front of the children. When DCF came to our house the first time, I wasn't the one that called it. It was her her ex-husband that called it because we had we shared two kids and we reported DCF, but they said they couldn't really do anything about it. >> So there there was not investigating or an active ongoing investigation with DCF. >> There is again >> there is again. Okay. So there's another one. >> There's an active one now. I reported her drinking and driving again with the kids in the car and anytime DCF comes out she sells the story that it's a domestic thing and that they need to it has nothing to do with kids which is not true because you know honestly I had covered up her for a long time hoping that she would get better and DCF explained no you can't do that you're putting children in harm you have to report them so I've been doing what I'm told but then DCF that doesn't do anything with information. >> Unfortunately, there's a lot of factors that go into that kind of stuff and they there's a lot more check boxes that they have to do that we don't have to do. We can just do what we need to do, but there's a lot more than they have. So, I got to bear with it. Unfortunately, it's kind of one of those things. I mean, it's probably not even red anymore. It still is a little bit I'm going to take a full body. I can find something. >> She as of right now she's being transported to the first appearance tomorrow morning. >> Okay. >> Obviously, you can't bind her on and it'll be a no contact order. Yes. So if she shows up to the house, she will be in violation of the no contact order after she if she makes bail. >> Okay. Do you guys do a breathalyzer on her? >> So we're we're trying to work through that right now with our senior officers and supervisors and figure out what they want to do with that cuz we have no real witnesses other than cameras and we don't know if that can play a factor into that. Is >> she on probation? >> Uh I I don't know what it's called. She she has a trial in uh August. She has any actual probation. >> She had a DUI. She her license was restricted and then she regained her license. So, she doesn't have any restrictions now. >> I don't know what we had we had to bail her out last night. I don't know what that means for the trial. >> Why is he not in trouble? Sir, please me. Why is he not in trouble? >> You said why is he not in trouble? Yes, DCM has already marked him as malicious. This is what he does. >> Why are you guys not talking to DCM? Why? >> Give me just one second. Okay. >> Please talk to them. Please, please talk to DCF so that you know what he does. This has been ongoing. Please >> papa 314 St. John >> Papa 314 >> 10 51 CJ with one semi-ooperative whiskey fox getting mileage beh >> the officers receive a B+ detention was lawful under Terry Miranda was administered in full and repeated and physical force during the arrest was proportional to the resistance offered. A female officer conducted the pat down search reflecting standard professional protocol. The one deduction is an open question around the attorney invocation. If substantive questioning continued after the subject made a clear request for counsel, any statements obtained after that point may face admissibility challenges under the fifth amendment. The complainant receives an A minus. He reported immediately, provided a consistent statement under questioning, cooperated fully, and offered access to potential camera evidence. Engaging D, C, F, and law enforcement rather than handling this situation outside the system reflects measured conduct throughout. The subject receives a D. A battery at a spouse's workplace during an active sobriety relapse, followed by resistance to a lawful detention. Represents compounded poor decision-making that made her legal position measurably worse at every stage of this encounter. Every encounter like this one leaves behind something more than a police report. These five takeaways come directly from the law that governed what happened here and they apply to anyone who could find themselves in a comparable situation. Lesson one, do not walk away from a declared temporary detention under Terry v. Ohio 382 US1 and Florida statute section 843.02 departing during a lawful hold converts a misdemeanor inquiry into a second criminal charge. Lesson two, invoke your right to counsel once clearly and then stop talking under Burgis v. Tomkins 560US 370. One unambiguous invocation legally requires all questioning to cease and continuing to argue only dilutes that protection. Lesson three. Prior agency complaints against a complainant. Do not override present criminal evidence. That argument belongs in court with your attorney, not on a sidewalk with officers working an active battery call. Lesson four, contact law enforcement before physical confrontation occurs. Florida statute section 741.29 29 mandates an arrest when domestic violence probable cause exists and calling first places you on record as the protected party. Lesson five, a prior DUI conviction, an active court case, and children in the home create a legal profile where any intoxicated contact with law enforcement simultaneously risks a driver's license, a custody arrangement, and personal freedom. If there is a police interaction or legal topic you would like to see analyzed, drop it in the comments below. We read every submission and many of our videos come directly from what the audience sends in. Subscribe to our channel so you do not miss a breakdown. If this video added something to your understanding of the law, a thumbs up helps us keep making this content.