All this? >> Yeah, so I prevented this first one. She tried to walk out with it. And then she grabbed another cart. She tried to pick similar items and walk out again. >> [music] >> All right, so what are we reporting everything? >> Yeah, everything. She tried She attempted to walk out twice with merchandise. >> Okay. So, Chris. >> What's going on, bro? >> I'm going to be the the one handling this, all right? >> It's a little hot in here. >> There you go, bro. So, how far in between like when you stopped her the first time and then you stopped her the second time? >> I'll tell her I'll tell you right now, actually. Maybe 20 minutes. >> Okay. What she say to you? >> So, when I first prevented it, I'm asking like cuz I'm sitting in my office. I'm literally watching her. I'm telling my door host, "Yo, double-check her receipt." Like I don't >> So, did she pay for some stuff first? >> No, she didn't pay for >> Nothing. Okay, got you. >> So, she tried So, when I grabbed the There was two people at this door. I grabbed one of them to come in the office so I can speak to them. And I'm like, "Yo, double-check her receipt cuz I seen her in Subway like putting her stuff in a reusable shopping bag." >> Yeah. >> So, I'm like, "Okay, whatever." So, as he comes in, she tries to go around the other guy and he like puts his body and stops it. So, I come out the office. I'm like, "Hey, do you have a receipt for any of the merchandise you paid for?" And she said, "Oh, I'm trying to look for it." Blah blah blah blah blah. I'm like, "Okay, so we're waiting. We're waiting." I ask her again. She starts getting hostile and then I'm like, "So, did you pay for your stuff or not?" And she goes, "Would you like me to pay for my stuff?" I'm like, "At this moment, no, I don't." So, I took her cart and she said, "I'm going to grab another cart and I'm going to shop again." I'm like, "Okay, that's That's fine." So, I I started watching her. She's frozen. So, I started watching her. And um she started selecting the similar merchandise that was in the cart. And she goes up to my door host and shows cuz some people have a receipt on the phone. So, they just show the phone like that. And so, that's what she did, and she just kept walking out. >> was nothing on the phone. >> There was nothing on the phone. Like me, I wanted to help you guys, but Walmart's policy I can't touch. >> I get you. I know. You're good. >> So, she stands here, she keeps pacing back and forth for a while. Nothing's not nothing's at all paying in that car. So, I tell her to come in, make sure you double-check what's in the bag, and that's when she tries to go around, and then I come out, and then that's when I'm having an interaction with her, asking her about receipts and stuff like that. She had no receipt. And then I went down here because I noticed she was down at Subway, and then that's when she was putting her stuff in her bags. So, this is her right here. >> Okay. >> See all the registers? >> Yep. >> She's coming. She makes that right. >> Yep. >> left. I'm sorry. And then she's going to pop up. >> Okay. That's her right there, right? >> So, she can pass all points of sale. >> Yeah, pass all points of sale. All right, that one's good, and then what about the last one? >> So, this is the second time. She That's when she walked past all points of sale. Holds up her phone like she has a receipt, but I was watching her the whole time. She never goes to a register. But, I guess they're exchanging words, and so and we tell them, you know, if they're hostile, just back off. >> Yeah. Excuse me. How you doing? >> On March 30th, 2024, officers responded to a Walmart following a loss prevention call. The subject was subsequently convicted of retail theft and resisting a law enforcement officer. This analysis examines whether the detention, the arrest, and the use of force each met constitutional requirements. The initial stop is governed by Terry versus Ohio, 392 US 1968. Officers may briefly detain a person when they possess reasonable articulable suspicion that criminal activity has occurred. Here, the loss prevention officer provided a direct eyewitness account of two separate theft attempts within 20 minutes corroborated by store surveillance. That evidence exceeds the Terry threshold. By the time officers made contact, the case had arguably satisfied the higher standard of probable cause authorizing a full warrantless arrest under United States versus Watson 423 US 411 1976. The subject's claim that she paid via the Walmart mobile application is legally irrelevant to the validity of the detention. Officers are not obligated to accept an explanation. They are obligated to investigate one. >> Good. Um so the loss prevention just called us. They said that you uh didn't pay for all your items. Do you have your receipt? >> Bro, I just showed him my receipt on my phone and my phone died. >> You just showed him the receipt on your phone? >> Yes, I just showed that to him. >> receipt for all those items? >> And he let me out and my phone died. I said I paid for my receipt. I showed him the day. It's a mo- it's a mobile uh Walmart thing. I showed him the day and I showed him my receipt. He said, "Okay, you can go." >> Okay. Listen, we got to talk to >> Literally right there. I'm not >> You started your receipt You got to turn your phone Your phone died. Okay, can you bring it up? >> MY PHONE DIED. I LITERALLY JUST SHOWED IT TO HIM. I SHOWED HIM MY PHONE was on a 2% and all. Like I just showed it >> deal. So right now he's just the LPO is saying that there were some items that are possibly unpaid for. So we're just going to double-check with the cameras. >> AT THIS POINT, Y'ALL CAN JUST KEEP this [ __ ] BRO. I'M NOT ABOUT TO I'm not about to do this in the >> You paid for it, RIGHT? >> YES, I DID. BUT >> confirm because Listen, we have Listen, we have a call saying there are items unpaid for, okay? >> Okay, but if IF I PAID ONLINE, HOW AM I SUPPOSED TO GO TO THE cashier and all that? >> You're not letting me talk. There is a very good camera system here, okay? >> I I'm confused. >> All right. >> So how are you supposed to know if I How How do you know if I was supposed to >> Well, cuz they probably have the receipt. They'll have the receipt of your checkout, okay? They're going to pretty much backtrack through the store, make sure everything that you did >> I just want this stuff to stay there, bro. I'm not about to keep doing this. >> Did you pay for it? >> Yes, I did. >> So then it's your stuff. >> I can keep this [ __ ] BRO. LIKE I'M NOT ABOUT TO KEEP DOING this [ __ ] >> All right. Listen, I'm trying to help you out here, but we got to follow the rules. >> why didn't y'all Why didn't y'all stop anybody else? Y'all just stopped me. >> Because cuz we got a call, okay? >> What's the description? >> A black jacket with a lime green hood, and you're the only one here with that, okay? All right? So, just hang tight. You want to go get the LPO? >> Yeah. >> I'm not about to hang tight. I'm about to leave. >> You're not leaving. >> Don't touch me. >> You're not leaving. You're not leaving. You want to be placed under arrest? >> Can you Why you touching me? Why you >> Why you touching me, though? >> Stand here or you're going to be placed under arrest. >> Yes. >> Okay. >> All right. >> You're under arrest. You're under arrest. >> When the subject announced she was leaving and physically attempted to do so, she converted a lawful investigative detention into active evasion. At that point, officers held full authority to physically prevent her departure. Her attempt to leave was not a right. It was the triggering event that escalated every charge that followed. Use of force in this encounter is analyzed under Graham versus Connor, 490 US 386 1989. That standard requires objective reasonableness from the perspective of a reasonable officer on the scene, not with the benefit of hindsight. The court identified three controlling factors: the severity of the crime at issue, whether the suspect poses an immediate threat to officers or others, and whether the suspect is actively resisting arrest or attempting to flee. >> I'm a whole ass hoe, I hope you know that. So, can you just ease up? Thank you. You get off me. Do not fight with me. What are you talking about, man? >> You got to stop resisting. >> For what, money? All right. Get off me, bro. Get off me. Bro, get off me, cuz. Bro, I just told y'all Bro, my [ __ ] y'all too aggressive. Bro, get off ME, CUZ. BRO, I CAN'T FEEL MY ARM. WHAT IS YOU TOUCHING MY OTHER ARM? >> GIVE ME GIVE ME YOUR other arm. >> No, cuz. >> Give me your other arm and turn over. >> No. >> Yes. >> No. >> This is the one I got the other Here. Here. >> Get off me, cuz. >> I got this one. >> Bro, I just said I can't feel my other arm. >> Turn around. >> No. >> Stop resisting. Make it easy on yourself. >> No. Cuz I match the description and all this [ __ ] Get off me. >> Get off the car. Yo, stop kicking. Don't kick. >> Bro, I just told y'all I'm a girl. >> That's fine. That's fine. We'll stay here. We'll stay here all day. Stop resisting. >> I can't breathe. >> Get the cuffs. >> Bro, I'm about to call my mama, cuz y'all [ __ ] wild. >> You're not going anywhere. >> Stop kicking my arm, officer. Y'all the officers. Stop. Bro, get the officer, bro. >> Turn around. Make it easy. >> No. >> You're not going to get up. >> Stop spitting in my face. >> to get another charge. >> Bro, I can't feel my arm. >> Turn around and put YOUR HANDS UP. TURN AROUND. PUT YOUR HANDS BEHIND YOUR BACK. >> CAN'T BREATHE, my [ __ ] >> can. You're talking. Turn around. Put your hands behind your back. >> What the [ __ ] is you kneeing in my teeth for? We can go to here. >> Turn around. Put your hands behind YOUR BACK. >> HELP! Y'ALL POKING MY ARM. Y'ALL MY Y'ALL [ __ ] LYING. >> You got that on video? >> Bro, CAN YOU GET OFF MY ARM? BRO, I CAN'T FEEL MY [ __ ] MY ARM IS LIKE COME ON. BRO, I can't feel my arm. [screaming] >> THEN STOP RESISTING. Put your arm behind your BACK AND LISTEN. >> BRO, LET ME GO. >> STOP. >> BRO, get off me. >> Stop. >> My [ __ ] y'all doing all this What the [ __ ] Please let me go. >> Your resistance has nothing to do with ours. >> Bro, can you get Can you stop kneeing me? >> Give me your I'm not even kneeing you. My knee isn't even ON YOU. >> YOU WAS walking me and I said, "Stop." Like, stop. What you doing? I'm not doing nothing. I'm 20 years old. >> Well, obviously ain't acting like it. Right? >> You ain't acting >> Yeah, hold tight. >> What the [ __ ] you mean? What the [ __ ] you talking about? >> It's pretty good English. My knee isn't on you. Stand up. >> Applying those factors here, retail theft is a non-violent offense, which limits the baseline justification for significant force. However, the subject actively resisted throughout the arrest sequence. She refused to give her arms roll to prevent handcuffing and kicked officers multiple times. Each act of resistance independently elevated the permissible force response under Graham. Officers used controlled empty hand techniques. No weapons were deployed. The response was proportional. The subject stated she could not breathe and could not feel her arm. Officers correctly noted she was speaking continuously, which is direct evidence of adequate airflow. On the arm, discomfort from a control hold applied to an actively resisting subject is legally permissible under Graham. Nothing in the footage suggests the restraint crossed into excessive force territory. Kicking a law enforcement officer during a lawful arrest constitutes battery on a law enforcement officer in most jurisdictions. This is a separate charge from resisting arrest and carries greater penalties. It is also worth noting that motive does not negate the charge. Whether the kick was a reaction to the shoe incident or not, the act itself satisfies the elements of the offense. The subject verbally identified as female during the ground restraint phase. Most jurisdictions require searches and physical control procedures involving female subjects to be conducted by a female officer absent exigent circumstances. Active physical resistance qualifies as exigent circumstances permitting male officer involvement in the short term. However, once the subject was secured, a female officer should have been summoned immediately. The delay creates civil exposure under 42 USC section 1983. >> Silence, cuz. Can you stop? >> Can you stop? >> No. >> Okay. >> SO, PUT MY SHOES ON. >> Your shoes on? >> Duh. The You want your shoes off? >> Wait, put them on. >> But, you want >> Hey, do you know >> That's another >> Yep. >> Let's go, ma'am. >> Am I on no charge? >> Turn around. >> Charge that. >> Turn around. >> No. Just told you I was a girl. Just told you I was a girl. I >> That's great. >> proceed to do dumb [ __ ] Told you I was a girl y'all still listen. Not one girl cop. You can get off my stuff. >> Stop. >> All right, so tell me what I'm arrested for. >> Well, you just assaulted a cop by kicking him. >> Yep. I don't give a [ __ ] >> Number one. Take that. >> Yeah, multiple times. >> I kicked you multiple times. So, what am I arrested for? What's the second charge? >> Well, we're still investigating the shoplifting that you're detained for. So, it's eluding? >> What's the second charge? What's eluding? >> Not eluding. >> What I do? Exactly. You don't know what the [ __ ] you even talking about. Talking about my dad. My bad. Hey, yo. Can you stop yoking me up? >> No. Can you stop moving around? >> No. Stop moving me up. The [ __ ] I'm a human being. The [ __ ] you think I'm >> You ain't acting like it. >> stop. >> I didn't say it. >> If I spit in your face I'mma act like you, right? Oh, now y'all want to see somebody to search me, huh? >> Yeah, you're under arrest. >> Huh? >> I said yeah, you're under arrest. >> Oh, you're under arrest? Oh, I don't give a [ __ ] Aw. >> Typical. >> Typical, right? I'm confused. If I'm under arrest if I have hearing come through why y'all still touching me? >> That's what you're resisting still. >> I'm not. >> You are. >> Y'all didn't say stop. >> the officer. >> CHOKING ME. I >> I AIN'T choking you. >> Bro, so this [ __ ] not choking me. >> So, this [ __ ] not choking me. >> I'm not choking you. >> You not choking me? >> No, I'm not. >> All right. >> All right. >> Okay. All right, I hear you. Can I have my shoes? >> Nope. >> I can't have my shoes? >> We tried giving you your shoes. That's when you decided to kick somebody. >> He didn't. Cuz he kicked my shoe so I kicked him. >> He didn't kick your shoe. He put it down in front of you. >> so he didn't kick my shoe. >> Nope. >> You got that on video? >> Yep. >> I hope you can really see it. >> We really can. >> Uh-huh. Y'all done? >> Nope. >> You done? >> Nope. >> You done? >> Nope. >> Cuz you stopped me and you didn't even tell me what you stopped me for. >> Yeah, we did. >> What you What you say then? >> Told you you matched the description of the one that was shoplifting. >> Okay, but was I over here by a cart? >> Oh. >> Yeah. >> I wasn't near the cart. I actually wasn't. I was waiting for my cab. I was I was waiting for my cab that's right there. The cab I was walking to. And then y'all oh, I'm going to arrest you. I'm going to arrest you. Just cuz I match the description. You know how many people had a black hoodie on? >> With the lime green? >> Yeah, they just said lime green. You didn't say I match no description until I act. >> You done moving your hands around? >> I'VE BEEN DONE. YOU'RE THE ONE THAT'S THAT'S ME. >> SO WHY ARE YOU STILL MOVING your hands? >> What do you mean why I'm moving my hands? I can't move my fingers? I can't move my hands? I just got to stay stay still like this? No. Who do you think Who do you honestly think YOU'RE TALKING TO? YOU'RE TALKING TO SOMEBODY THAT'S NOT DUMB. I'M VERY INTELLIGENT. >> What you talking about? >> Uh-huh. What I was telling you >> you wouldn't actually under You'd understand why you were in this predicament right now. When they told you that you're being detained right there. You're detained for a possible shoplifting. How many times did we tell you you're going to be arrested? There you go. >> I don't know. You tell me until you just until you just grabbed me. You tell me. You didn't even give me a chance to talk. You just grabbed me. >> Let's be 100% There was no talking. You were asked to stay. >> Didn't even give me a chance to talk. What you talking about? It's no talking. I'm not my father. Oh [ __ ] Y'ALL FINALLY GOT A GIRL when I've been saying I was a girl when you had your knee on my back and when you was beating me. I've been saying that. Come on now. I ain't me you. So why you think I was kicking you? You dummy. You just said I was kicking you, right? Cuz you was beating me. You dummy. Cuz I've been saying I was a girl. You had your whole >> Just because you're a girl doesn't mean that you get treated any differently. >> your whole >> Just because you're a girl doesn't mean that you get treated any differently. >> just want to come and do this. Oh oh oh oh >> If you're resisting, you get treated the same exact way until you're until you're resisting. They're on top of your They're on top of your sweatshirt, so >> Yeah, I put it like that cuz y'all put the cuffs too >> Okay. >> Remember, I'm too intelligent. I might forget. I'm too intelligent. I might forget. Sorry. >> Okay. I'm moving. Keep your hands together like that. >> you bleeding cuz you was beating me and I was moving around. Look, it it all it all has reasons for why I kicked you cuz I was cuz you was mean to me. I just I I just came up to me I just ran away and and JUST STARTED KICKING. NO. That's not what happened. That's not that's not >> The responding officers receive a B. The detention and arrest were legally grounded in eyewitness testimony and surveillance evidence. Force escalation was reactive and proportional at each stage. Officers maintained professional composure throughout sustained verbal abuse. Two deductions apply to failure to promptly summon a female officer once the subject identified her gender and an erroneous reference to an eluding charge during post-arrest advisement, a charge with no statutory basis in a pedestrian shoplifting arrest. The subject receives a D. The initial detention was fully supported by law. The arrest was a direct consequence of her own decision to leave during that detention. Every charge beyond the original theft, including resisting and battery, was constructed choice by choice from the moment she declared she was leaving. One point in her favor, she accurately invoked the same-sex search protocol during custody, which is a legally correct assertion demonstrating genuine awareness of custodial rights. Two takeaways from this encounter. First, during a lawful investigative detention, a suspect does not have the right to leave. Physically departing converts a detainable civil matter into a criminal one. Second, resistance during a lawful arrest does not reduce charges. It adds them. Battery on a law enforcement officer frequently carries a mandatory minimum sentence that exceeds the original theft penalty by a substantial margin. The Fifth Amendment guarantees the right to remain silent. Invoking that right at first contact, complying physically with a lawful arrest, and then disputing the facts through counsel in court is the legally optimal strategy. Fighting an arrest on the street is the most legally costly decision a person can make in that moment. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching.