You're under arrest. >> What is it? For what? For what? >> Okay, hold on. >> For what? >> obstruction resisting arrest. >> No, but for what? Why would I be getting arrested for? >> I told you five times. >> No, you haven't told me what I was arrested for. You haven't read me my my rights my Miranda. >> I'm going to need to read you your rights. >> YES, ACTUALLY YOU DO. IT'S REQUIRED FOR YOU. >> I'm not asking YOU ANY QUESTIONS ABOUT IT. >> ON New Year's Eve officers responding to a bar fight in Florida intercepted three women leaving in a ride share. One passenger refused to cooperate with investigators. Over the next 22 minutes she converted a 5-minute witness interview into three felony counts. >> miscommunication and misunderstanding >> Wait, Jeff. She just got in that car. I just got to talk to her. She's part of it. >> Hey, hold on. You can't leave yet. >> Well, I'm doing the Uber job. >> I understand that. Hey, miss. Come out and talk to us. >> I don't need to. I wasn't I was I had literally I wasn't involved. I had I was already out of there. So I had nothing to do with any of it. >> Well, I want to talk to you anyway. >> Okay. Well, look. You can call my lawyer. He's blood dry. I literally just went to a bar and now I'm in my Uber. I ordered my Uber. Why don't you talk to me? >> Some other things may have occurred in between. >> Can you tell me what those things were? And what my name is? >> Well, I figured you'd tell me. >> I don't have anything going on. So, no. So long. Farewell. Adieu. Adieu. Goodbye. >> Nope. >> Oh, is that >> This ain't your car. >> It's just babe. >> Sir. >> Are you serious? This is like well against our rights. >> Sir, this is how we conduct an investigation. Would you like >> No, I am >> Would you like her to to leave your car now? >> I'll cancel the ride if it's I don't know if you're conducting an investigation. >> I mean, I work with Pharrell Williams. You good luck. I mean, I don't want to [ __ ] up this guy's life, but like I don't have anything else going on. >> You have to get another Uber. >> No, I'll be honest with you right now. He's working on probable cause. We have to conduct a quick investigation to going on for the area. So, >> Okay, fine. Whatever. >> Thank you. >> But, you do have to cooperate. >> I'm sorry about your fair, man. >> Hi, babe. >> Come on over here, dude. >> I mean, I'm not doing anything illegal. It's legal for me to drink in the United States of America. I can drink at all. Literally, just ordered an Uber. Can you reimburse me? Can I get reimbursed for a Uber? >> Hold on. >> What are the No, wait. I have every right to sit in my Uber. I don't know I have no Like, I can go. I didn't do anything. So, so long, Pearl. I'll be there in a No, you have no right. >> You're trespassing in this vehicle. >> Am I trespassing in your vehicle? >> You're trespassing in this vehicle. Get out. >> Yes, listen. In this vehicle >> Oh my god, I'm so glad I'm recording right now. And I'm in on a Netflix show with Pearl Williams. And y'all don't even know the drama that has gone on in here. Apparently, I'm trespass- passing for being in this vehicle. I did I I ordered an Uber. After all the drama, NO. THIS IS CRAZY. This is so crazy. >> We just want to talk to you, but you have to cooperate or act as a serious person. >> I don't I mean, I would like to see I didn't I don't have to I know my rights. He read me my rights before I would like to read my rights in this vehicle. I don't have like read me my rights. Thank you. Okay, yeah. I would like my rights to be read. Can I have a person? Sure. Before he reads me my I would like my rights to be read. No, stop. Do you see who's in front of us? Look at me. Look at me. Maggie? >> You called. >> We were having a conversation about it and she we were getting along. Everything was fine. She got to the door. She then at that point decided she did not agree with me because her friends were there. She threw a drink in my face and punched me in the face. And then her two friends jumped on top of me. >> In the face and the body? >> and the body and arms, mainly in the head. >> Okay. >> Um pulling my hair in three different directions. They slammed my head in the wall. >> Okay. Were they uh like closed fists like >> got a scratch on my face. I've got bruises on my arms. I know I have welts on my head. I'm missing hair. >> I won't ask you I won't ask you anything. You don't have to answer. All right? >> It sounds like they're trying to uh uh >> god, get off your phone. Get off your phone, please. >> No, I'm I'm recording this because I don't cuz it sounds like you're I was a customer when I did the responsible which was ordering an Uber. >> Megan. >> Which is what Uber >> Megan, you can stop recording me. >> You're being disrespectful cuz now he's trying to talk to >> Megan, listen to me. Listen to me. Listen to me. >> Okay. >> I don't care if you're I don't care if you can stop interrupting. >> I'm not interrupting. I'm recording. I'm good. I respect you. >> you're recording. Listen. >> Oh yeah. I understand. I'm not doing anything wrong here. >> CAN YOU HANG OUT WITH THEM FOR ME? >> I DON'T KNOW. THEY'VE GOT MORE WORDS THAN I AM. Can we just Can we just go Can we go home? I just I found a perfect wedding dress and I'm just trying to go home. >> Let's just make sure there's nothing in >> Megan, you're ruining this night more because you're being extra dramatic right now. >> I'm not. >> You are. You are. You are. If you can just get out of the car and go to the side we can be quiet and everyone can move along. You don't want to. You want to have dramatic and you want to have a video and you want TO HAVE A >> YOU REALIZE CONSTITUTIONAL RIGHTS. You realize we were not there. >> Yeah. >> We're trying to We're just trying to figure out what's going on. >> Okay, so I'm here saying if I give you my ex was the one that called you guys was the one that spoke That's it. >> The reason why we're here is because the one said girl said that you guys tried to jump them. >> Oh well, I wasn't even there. >> Jump her? >> She had no >> Excuse me. >> She had all her and her waiters with her. >> I'm just trying to explain to her why we're all wrong? >> Girl, the [ __ ] bartender that attacked me. >> That's why we're all here. >> When did she attack? I didn't see I wasn't there. >> Yeah, exactly. >> Thank you. >> You get all the facts and let them do their job and tell you what has attacked. She is the victim. >> All right, okay, fine. >> He's going to kick her out and then if she doesn't get out, he's going to ask us to get her out and then if she doesn't get out, she's going to get out. >> I'm fine. I'm getting out. >> Yeah, yeah, we don't want to we're not trying to make it worse and we're not trying to make it worse. >> I just don't trust her. I'm I'm looking out for myself here and I'm respecting myself which is that's my right as an American. >> Okay. >> Which I'm sure you guys understand. I'm going to follow you. >> Listen to your friends. I just don't want you to make it worse than it is. >> Yeah, listen to your friends. >> That's not I'm not making it worse. This is my Um I'm listening to myself and I know my rights just so you guys are aware. I understand. I understand and I know my rights and I know you guys know that I know and understand. And I'm I'm I'm glad that they feel the power the way they feel but you guys know that I do know. I before any I'm going to listen and honestly he's he's going to lose his job. >> The [ __ ] [ __ ] attacked me. Obviously she's got a reputation for being aggressive. So maybe she's the one that needs to I don't know. >> Megan. >> I don't How do I You're being like very aggressive. >> You can't You can't leave yet. >> My I'm sorry but my my brother-in-law is a New York >> Are you >> is a New York NYPD actually died. >> Are you recording? >> I No, I'm not recording right now and guess what? >> But >> Because why would I need to? >> leave yet. >> Everybody over there is saying you started it. >> Me? >> That's what we're we're figuring out. Stop. >> Stop. No, I won't. >> This is not Virginia. THIS IS FLORIDA. YOU WILL BE ARRESTED. YOU AREN'T LISTEN, you are walking away from an investigation. Therefore, you No, because it's in your world you think you're in Virginia and you're not and you will be in jail. I think about your job, think about your husband, your career. It is not worth it for you being drunk and stupid and not paying attention. You thinking you think you know your rights. It's different in every state. So, what are >> been read to me yet. >> You are not free to ask any questions, but you have to stay here. >> You just have to stay. What's wrong with US? LET US >> JUST STOP. Is it worth it? >> Why? I'm an American. You didn't stop me. >> Get back in the car before you Hey, get just stop. >> Shut up. >> What is >> First legal issue, the detention itself under Terry versus Ohio. 1968, a direct victim identification at an active crime scene constitutes reasonable articulable suspicion, the threshold required to temporarily seize a person for investigation. That standard was met before she spoke a single word. She had no legal authority to refuse or walk away. Second issue, Miranda. Miranda versus Arizona, 1966 requires advisement of rights only when two conditions are simultaneously met. The person is in custody and officers intend to interrogate them about a crime. Asking someone to exit a vehicle and provide a name is not interrogation. Officers were correct every time they declined. Third issue, obstruction. Under Florida statute, section 843.02, resisting or obstructing an officer in the lawful execution of duty without violence is a first-degree misdemeanor. Officers issued the warning on camera with the statute's logic plainly stated. Walking away from a lawful Terry detention is the definition of that offense. Fourth issue, battery on law enforcement. Florida statute section 784.07 reclassifies any battery upon a law enforcement officer to a third-degree felony. Battery includes any intentional physical contact against the officer's will. Biting qualifies. Each officer contacted is a separate count. Three officers bitten equals three independent felony charges, each carrying up to 5 years. >> Right now, we are investigating something. You are not free to leave. If you do walk off, let's just listen, okay? If you walk off and you don't listen to us, you will go to jail. You are not free to leave. Because we are investigating a crime. I've already explained this to you. And you're not from here? LET ME EXPLAIN I'M LET ME SHUT UP! >> STOP IT! STOP, MEGAN. JUST STOP. MEGAN, YOU'RE NOT PAYING ATTENTION. YOU'RE BEING ADHD. You're letting YOU'RE LETTING YOUR DISABILITY CONTROL YOU. THEY DID TELL YOU AND YOU KEEP TALKING. >> WHAT DID I DO? WHAT LAW HAVE I BROKEN? What law have I broken? What law did I break? >> Stop. You need to chill. That's what you need to do. You just talk You're talking yourself into going to jail, which you don't have to. I've explained this to you several times. >> Don't drop on the ground. Get up. >> You're standing up. Stop. Stop. You're You're awake. Stop. Just get up. Stand up. >> I know I'm perfectly sober. I'm not acting. >> Your friends are even telling you your friend is screaming at you. Just stop. >> My friends are terrified. >> They're scared of you. Thank you guys. It's your fault I got arrested cuz they're terrified. >> You fell on the ground, it's your fault. Why are you falling on the ground? Get up. >> Read me my rights. Read me my rights. My rights haven't been read. My rights haven't been What did I do? What did I do? What did I do? >> you're under arrest. >> What did I do? What did I do? What did I do? What did I do? What did I do? >> Are you going to What's going on here? >> What did I do? >> Let her go. Let her go. Let her go. Let her go. Let her go. >> What did I do? What did I do? >> She's What is she doing? Look at Look at her. >> What did I do right now? >> I don't know what you want us to do with her, but >> What did I do? Tell me what I did. >> we we got to deal WITH THIS NOW. JUST STAY OVER THERE. >> What did I do? What did I do? >> You're under arrest. >> What did I do? What did I do? What did I do? >> what? For what? >> Okay, hold on. >> For what? >> obstruction, resisting arrest. >> No, but for what? What was I arrested for? >> five times. >> haven't told me what I was arrested for. You haven't read me my my rights, my Miranda rights. >> to read you your rights. I'm not asking YOU ANY QUESTIONS. >> YOU NEED TO TELL ME WHAT YOU'RE ARRESTING ME FOR. >> I'M NOT ASKING YOU ANY QUESTIONS ABOUT ANY CRIME. >> WHY? This is insane, bro. >> Stop. Stand up. Stop being such a drama queen. Stand up. >> Hang on. Let's get her cuff. >> I'm not being a drama queen. >> I am actually sobbing to William's label. Why are you guys doing this? This is insane. You guys know how bad you're [ __ ] up? >> Stop. Stop. Stop. Stop. >> Guys, you got her on >> Don't you bite me. >> Don't bite me. >> Why are you doing this? >> She just tried to bite me. >> Right now. >> You're going to get sprayed in 2 seconds. >> What are you doing this to me? This is your fault. Why are you doing this? What did I do? >> Stop. Stand by. >> What did I do? How is it you did this to me? This is your fault. >> Let her go. Let her go. She just tried to She just tried to bite me. >> I didn't. I tried to bite me when you're making me up. >> Stop. Trying to get her up. >> Stop. >> All right, guys. Let me Let me watch you. >> They're trying to kill me. ALISON, I CAN'T BREATHE. ALISON THEY'RE GRABBING ME. >> STAND UP. >> ALISON THEY'RE TRYING TO KILL ME. RELAX. RELAX. THEY'RE TRYING TO KILL ME. RELAX. I CAN'T BREATHE. RELAX. THEY'RE KILLING THEY'RE KILLING ME. SIT DOWN. SIT DOWN. I CAN'T BREATHE. OH MY GOD, YOU'RE GOING TO RAPE ME. HOLD ON. THEY'RE TRYING TO RELAX. TELL ME WHEN I BROKE THE LAW. THE law doesn't say I have to be loyal to you. I make more money than all of you. Who cares Does that matter? The law. The law. No, I know you don't. I know you don't. But do you But do you care about following the law? Do you care about following the law? Does the law matter to you? DOES THE LAW MATTER TO YOU? DOES WHAT LAW DID WHAT LAW did I break? What law did I break? I explained it to you several times. No, you have not. You have not said anything. You have not told me one time what law that I've broken. Okay, it's all on camera. What law have I broken? I'm allowed to drink. This is the United States of America. Everyone's allowed to drink alcohol. Yes, ma'am. I haven't done anything. Yes, ma'am. What law did I break? By saying that you want to talk to you guys. And I was literally in an Uber. Y'all accosted me in the middle of an Uber and pulled my ass out of the Uber for no reason. My Uber was a black guy who was terrified of y'all and literally said, "Girl, I'm so sorry." Stop. Stop. Stop. Stop. They're trying to KILL ME. THEY'RE TRYING TO KILL ME. Put her feet down. Put her feet. Put her feet down. She's going to start kicking. Stop pinching me. She's pinching me. Sorry, I can't. Okay. I'm not fighting. I'm not fighting. Dude. I'm not fighting. Get her down. Get her down. Get her down. I didn't do anything. I didn't DO ANYTHING. THEY'RE TRYING TO KILL ME. RELAX. NERVES. >> She just bit me. >> I know. >> Yeah, I'm good, but >> This is because I didn't react. You're believing them. >> You need to start screaming. Stop biting. She bit my hand. >> She bit your hand? >> You let me. >> She bit She bit She bit sorry sir. >> Under Graham versus Connor 1989 the reasonableness of force is evaluated from the perspective of a reasonable officer on the scene, not in hindsight. Active flight, ground resistance, and confirmed biting justify escalated control techniques. The hobble restraint to sustained kicking post handcuffing falls within accepted proportionality doctrine. Post arrest fire rescue was summoned following repeated I can't breathe statements. This satisfies the officer's post arrest duty of care and creates contemporaneous documentation regardless of the context in which those statements were made. >> All right. >> Whose cards are around here? So I don't know, but I got to go do that little 10-17 down there. >> Allison, I'm going to die. You're never going to see me again. These guys were going to kill me. They're specifically trying to kill me. Allison, they're trying to kill me cuz they agreed he's ONLY A GIRL. >> STOP MOVING YOUR HEAD ON THE GROUND. >> MA'AM, you're making this worse. >> NO. EVERYONE, THEY'RE TRYING to kill me on purpose. >> Ma'am, relax. >> You guys don't understand. You're doing the wrong thing. >> Yes, relax. >> They're going to take me and nobody will >> I'm a police officer, okay? >> I got to go. >> to the bathroom. >> Please look at me. >> Heavenly Father, thank you so much. What did I do? >> Just stop. HEY. HEY. HEY. LOOK AT ME. >> I NEED TO RUN. >> YOU KNOW WHAT? LISTEN. LOOK AT MY WRIST. >> LOOK AT MY WRIST. >> LOOK AT MY WRIST. >> But you know what? You can breathe once you just calm down. >> breathe. >> You can breathe. >> No, I can't. I've been telling you this. >> Listen. >> Watch. Watch. Watch when I calm down. Watch this. Watch this. >> You know what? You calm down, they're going to start using us. >> They're not. They're not going to. >> It is. >> Watch. Watch. Watch. Watch when I calm down. Watch this. >> Listen, Jesus is with you. You know, if I die >> I'm dying. >> If I'm not going to be with you anymore, I let me have these last moments with you. Ready? Breathe. Breathe with me. >> I'm dying. >> To me. Together. Together. One, two, three. Okay. One, two, three. You know what? I'm I'm I'm your only hope right now. I'm right here. We're helping you up. We're helping you up. One, two, three. Up. One, two, three. Up. We're doing okay, right? Okay. Look at me. No one's around you but me. They don't want to see you like this. Listen, you can roll your eyes. >> I'm sorry, but I'm in extreme pain. >> I I completely understand. >> I'm about to die. My circulation is cut off. >> He's here with you. HE'S HERE WITH YOU. I'M WITH YOU HERE. WE GOT to calm down. Listen. I'm Thomas Wolfe. >> As a girl in America is allowed to do. >> Absolutely. >> And I would like my $500 bag back. >> Okay. Absolutely. We have your bag. I know you think it's against your right, but let's just get you out. It's okay? >> I I just know for a fact that it is, but >> Okay, let's just let's just play the game. You're calming down. >> Fire rescue coming to check her out. >> Why am I detained? >> Cuz you are >> Why am I detained? Why am I detained? Why am I detained? Hey, sir. You guys chased me into another parking lot. Made my Uber. I would like to know exactly how I broke the law, but you have to be quiet to listen. >> Okay, my friend isn't aware of her rights, but I am aware of my rights. >> I am and I have lawyers that understand what I'm doing. I love my friend. She thinks she's doing what's best for me right now. >> You don't want >> However, I am looking out for myself. I understand the law. >> You told me why >> I would like to be told why I'm currently >> You know >> She's listening. Listen. I'm currently I'm sure I have >> The video is supposed to explain it to you. If you don't stop >> Are you a police officer? >> But human, let's just wait and see what officer Turner has to say. >> I have a right. DO I NOT HAVE A RIGHT, ALLISON, as an American? >> You know, they're trying to they're trying to protect your head. >> How are they protecting me? >> Your head almost smashed on the floor. Six times he's tried to explain it to you. And you won't >> You won't even let me speak. >> You will not stop talking. That is the issue. That's what has Did you let him Oh my god. >> Actually, I didn't even drink. >> He knows what he's talking about. >> Yeah, absolutely. Whatever he has to say. >> Okay, well, walk you walk with your shuffle your feet, okay, Megan? >> Sure. >> All right, we get you to the hospital. >> Are you some hopping? >> Okay. >> What do you want me to do, buddy? Do I have to hop just like a walk? >> Yeah. >> If I if it I wasn't If you I could do a way better if I wasn't >> Yeah, take very small steps. >> Okay, so currently I am wrapped up >> Hobble in. >> Not only by my my wrists I'm wrapped up by my WRISTS AND BY MY ankles as well. >> Hold on. Hold on. Megan, we're going to take it off now. >> It's okay. >> Hold on. Hold on. Relax. >> What I There's nothing I would expect. I'm just saying the facts. Caitlin, ask him what I've done to break the law. >> Megan, Megan, can you listen, please? >> Of course I can listen. I've been listening for a long time. And yet I know and they are allowed to sleep, but also my rights are being No, my rights are being expanded upon. I still don't know why I'm arrested. No one has told me why I am arrested and they're making it tighter. They're trying going kill me. I can't breathe. >> Jack, is this you? >> They're going to read me and kill me. No, Caitlin. Caitlin, come look at this. No one has read me my rights. >> Sit down. What are you doing? >> Caitlin, look. I can't even stand. >> Yes, turn around. Turn around. Turn around. >> I Where's my bag? Where's my ID? >> Look, she has it. Look what she has it. She has it. She >> Well, >> She You sit down. Sit down. >> What have I done? >> Sit down over here. Megan, you have to sit down. >> do I have to do that? >> Sit down. She So we can check your bag. >> Sit down, PLEASE. >> WHY? WHY? Read me my rights. >> We're going to DO IT NOW. >> AGAIN, MY RIGHTS HAVE NOT BEEN READ TO ME. >> HEY, >> MY RIGHTS HAVE NOT BEEN READ TO ME. >> Push Push your head down. Push your head. >> No, my rights have You're going to break my neck? >> Watch your head. >> You're going to break my neck? You have it. My rights HAVE NOT BEEN READ. MY RIGHTS HAVE NOT been read. Where are your rights? >> We will send you to get to the hospital, okay? >> Why? Why do I need to go to the hospital? >> She's going to have to go to the hospital, SERIOUSLY. >> WELL, WHY? WELL, WHY? WHY? FOR drinking alcohol? They're not trying They won't read ME MY >> WATCH YOUR WATCH THE KICK. WATCH the kick. >> I can walk fine. Do you need me to like >> Sit down. >> I can hop if you'd like me to. Sure. I'll hop. I have great physical stamina. Actually, don't hold me. I can hop all the way. >> just Yeah, I'm going to make sure you don't fall. Are you sitting >> Oh, no, I can do it. I can I actually have such great physical stamina. I can land in here perfectly. Would you like me to stay, Officer Carter? >> Yeah. Sit Have Have a seat after. >> Sure. Sure. Absolutely. I'm done. >> I'm going to try to scoot back. >> I know I work out a lot. I do a lot of yoga. I don't drink much. Officer, have you read me my Miranda rights? >> Case outcome charges dismissed. Not because the detention was unlawful. Not because Miranda was violated. Not because the force was excessive. The complaining witness from the underlying bar fight declined to cooperate with prosecutors. The law functioned correctly. An external variable ended the case. Those are different outcomes and should not be confused. Officers receive a B+. Legal justification was established before first contact. Force escalated in direct proportion to resistance. The hobble was appropriately applied and terminated. Fire rescue was summoned, satisfying duty of care. Deduction. The failure to separate the subject from her peer group within the first 3 minutes provided an audience that sustained and prolonged every verbal exchange unnecessarily. The subject receives a D. She did not initiate the bar fight on camera. And she eventually complied once restrained. Those are the credits. Against that, she refused a lawful Terry detention. She had no authority to refuse. She fled an active crime scene investigation. She bit officers on three separate occasions, converting a witness interview into three felony counts. She invoked Miranda approximately 40 times with zero functional understanding of when the doctrine applies. The dismissal came from a witness, not from anything she argued. Three lessons for the record. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching.