It's fine. Please, just leave me alone. I have MY KIDS HERE. >> [screaming] >> PUT YOUR HANDS BEHIND YOUR BACK OR YOU'RE GETTING TASED. On June 1st, 2024, Monroe County officers responded to a battery complaint at a restaurant on Duval Street, Key West. One tourist, three criminal charges, one preventable outcome. I tried. >> [laughter] >> Okay, that's it. Thank you. Okay, that's it. Thank you. Let's go. All right. All right. No, it's fine. It's fine. It's not fine cuz you're behind the counter. Yeah, it's fine. Go. Just go, babe. It's fine. Like, there was I just No. Sit down. Sit down. Babe, all right. Hey. Babe, let's go. Hey, don't touch me. Babe, let's go. Let's go. Let's go. Let's go. I don't care where you're from. Sit down. Sit down somewhere. Sit down. It's fine. Please, just >> It's not fine. What do you mean it's not fine? You can be fined. I don't know. You don't I am. It's fine. Please, just leave me alone. I have my kids here. STOP. STOP. STOP. ALL RIGHT, YOU CAN BE ARRESTED. LEAVE HIM ALONE. STOP. STOP. STOP. YOU'RE GOOD. THIS IS WHY YOU DON'T DRINK. STOP. >> For what? Stop. >> All right, show him. That's it. You don't even know. It's okay. JUST STOP. WE'RE ON A CRUISE. YOU CANNOT GET ARRESTED RIGHT NOW. WHAT CAN HE GET ARRESTED FOR? PLEASE, STOP. OH MY GOD. ALL RIGHT, JUST STOP. JUST LEAVE HIM ALONE. DON'T LISTEN TO HIM. CAN YOU STOP? THAT'S not the way it works. Yeah, it does, DUMMY. STOP. YOU'RE GOING TO GO TO JAIL, AND THEN WHAT? I'M GOING TO BE ALONE ON THE CRUISE. ALL RIGHT, STOP. YOU'RE GOING TO GET ARRESTED, AND THEN I'M GOING TO BE ALONE ON THE CRUISE. PLEASE, STOP. I'M DONE. YEAH, THAT'S IT. STOP. ALL RIGHT, STOP. STOP. I'm begging you, please stop. We're on a cruise. I'M SAYING WHY BECAUSE >> THAT'S IT. OKAY, STOP. WE'RE ON A CRUISE. YOU CANNOT GET ARRESTED. CALL THE COPS. ALL RIGHT, STOP. CALL THE COPS. WE'RE ON A CRUISE. YOU CANNOT GET ARRESTED. THAT'S WHY YOU'RE GOING TO BE IN THE BAHAMAS. STOP. STOP. YOU SEE? THERE YOU GO. THERE YOU GO. I DON'T know what I'm going to do. Now you're going to be in jail and then what? For what? None of your They can't arrest for They're going to arrest you for that. No, they can't. For what? SO BE QUIET. SHUT YOUR MOUTH. >> I DIDN'T DO NOTHING. >> SHUT IT. SHUT IT. I THINK it's barely disorderly. All right, all right. Look. That's disorderly. >> Please, please look. He tried He tried. Look, he tried to punch He tried to Can I Can I talk? Can you Shut your mouth. I DON'T WANT TO ALL RIGHT, LOOK. LOOK. I WANT TO TALK TO THE SERGEANT. LOOK, all he tried to do was a tip and the guy like went like this and said like he like wiped his hand away and so it set him off. But please, I'm asking you to view. My kids are home with my parents and I'm on a cruise. Just [clears throat] please just let us walk out and that's it. No, man, that's up to them. Huh? No, man, that's up to them. Yeah. Huh? That's up to them. And the attitude he's been giving so far. Because if you act Hey, bro. Hey, bro. Hold on. If you act good, we're leaving. Just stop. All right. Talk to me. Please, I'm begging you. We have our kids at home. Talk to me real quick. Here's the problem. We did a pub crawl and it's just like the guy set him off and that's it. I'm begging you. All right, babe. Okay, just I'm talking to him to stop. His attitude is going to indicate a continuation of the behavior. I know. No, we're leaving. We're going back to the cruise. We're fine. >> leave here and go back to the If I get called on him again, he's going to jail. >> Right. That's fine. Okay, so look. We got to figure out what else is Sit down. We're not done yet. Sit down. Hey, say thank you. He's saying thank you. He's saying good. I'm saying thank you. He's saying thank you. He's I'm going to say sit down. You can say thank you after we're done. After after after We're not done yet. We're not done yet. Sit down, please. Okay. Baby. Okay. No, no, no, no. Yeah. I just He's going on this disorderly. Okay. Let's go. All right. Thank you. You see? Okay. All right, stand up. No, no, NO, NO. WHAT'S WRONG? NO, NO, NO, NO. WHAT'S WRONG? WHAT'S WRONG? HUH? OKAY. YOU BETTER LET GO OF HIM. >> YOU GUYS STOP. HEY, GIRL. LET GO OF HIM. OH, NO. NOW. LET GO. OH, MY Let go. What? Let go. I cannot believe this. You're about to get seriously injured. You better let go of my mother. Hold on. BABE. BABE. YOU DID THIS TO YOURSELF. STAND BACK. STAND BACK. NO. Let go. Babe. Babe, stop. I can't breathe. Put your hands behind your You're going to get tased. BABE, STOP. BABE. PUT YOUR HANDS BEHIND YOUR BACK or you're getting tased. I said okay. Babe, LIKE WHAT'S WRONG WITH I SAID OKAY. I TOLD YOU I TOLD YOU I I SAID OKAY. I TOLD YOU THAT I HAVE TO GO BACK TO THE CRUISE BY MYSELF. YOU BETTER QUIT PULLING AWAY. STOP. I cannot believe it. Let go. Stop. I said okay. I cannot believe it. I cannot believe it. I can't Probable cause for warrantless arrest is established under Florida statute 901.15 when a felony has occurred or a misdemeanor is committed in officer's presence. Both conditions were met on arrival. Three charges resulted. Disorderly conduct, Florida statute 877.03 misdemeanor, up to 60 days. Battery on a restaurant employee, Florida statute 784.03 misdemeanor, up to 1 year. Resisting arrest with violence, Florida statute 843.01, a third-degree felony, up to 5 years. The body cam footage is the primary evidence for the felony count. Physical resistance, grabbing an officer, refusing restraint satisfies the statute's offering violence element. On use of force, Graham versus Connor 1989 requires objective reasonableness from the officer's perspective at the moment of decision. Verbal commands failed. A taser warning achieved compliance without deployment. The 11th Circuit holds that verbal defiance alone does not justify physical force, active resistance does. This escalation sequence is legally defensible. On speech, City of Houston versus Hill 1987 protects verbal challenges to police, including profanity. The subject's words were constitutionally protected. His physical conduct was not. The arrest rests entirely on physical acts, not on anything said. Procedural note, no Miranda advisement is captured on footage. However, under Rhode Island versus Innis 1980, spontaneous statements made without interrogation are generally admissible. The gap is procedural, not necessarily dispositive, but must be documented. I can't I can't believe this. Relax. Relax. No, please. No, please. 24 12 force. Please. Why are guys arresting me? FOR WHAT? PLEASE DON'T. I DIDN'T go over that one. I don't care if I go over that one. I can't wait. Please don't send him to jail. I need back up. You good? Back up. Oh my god. Oh my god. Please. Stand up. Babe. WHAT ARE YOU DOING WITH YOUR DICK? I CANNOT BELIEVE THIS. STAND UP. BABE. You're not allowed to do that. Why are you guys [ __ ] You guys got a lawsuit on your hands. I cannot believe this. Can't hurt. What do I do? What do I do? What do I do? Oh my god. Ma'am, you need to stay back. You need to stay back. >> I'm sorry. Stay back. That's too hot. That's too hot. That's too hot. THAT'S TOO HOT, YOU IDIOT. [ __ ] YOU. I SAID [screaming] IT'S TOO HOT. I SAID IT'S TOO HOT. THAT'S IT'S AGAINST MY LAW. It's against my law. You were not You're wrong. You're touching my dick. You're really [ __ ] with You're talking about yourself. All right, babe. Please stop. You don't [ __ ] It's too hot. It's too hot. You have to give me air ventilation. You don't [ __ ] Do you want a curse shift here? Are you good? You good? That's enough. You should put the window up. He's not going to stop talking. Does he know your phone number, my heart? >> And it's my birthday. Do you have his phone or anything you want him to go with? No, yes? Can I get him out tomorrow? I don't know what time that is. Tomorrow, yes. Where are you guys from? Miami, it's my birthday tomorrow. No, I'm literally on the boat by myself. I'm literally It's like Can I ask you like tomorrow's my birthday? Like how can I get him out? >> He's not going to be out by tomorrow. I mean, he'll have to go to first appearance tomorrow morning. What do I do by myself now on the boat? I mean, you have your ticket. You're going to have to go home then. Send someone back down or you're going to have to stay tonight. You're from Miami, right? You're going to have to find a hotel, stay the night, or you're going to have to go home and then come back down. She makes the decision. We tried to allow you guys to go if you wanted to continue. You can't let him go. >> No, absolutely not. Not after like he's going to He's going to jail. No. >> No. It's just making matters worse. Every time you talk to him he's going to act back up in there. So, what am I going to do now? Go back to the boat. And then where do I go? Go up Go up Go down Go down to the county in the morning. It's Monroe County Sheriff's Office. How do I get back? Do you know? How do you get back where? To the boat. Yep. Straight down that way. Yep. You'll see it as you go down that way. Pretty much all the way at the end. All the way at the end it's to your left. Same Valerie Square on the GPS. So, he won't be out tomorrow? Probably not. Maybe Maybe in the afternoon, but he's got to go see the judge first. >> Cuz I promise you this, ma'am, if he continues to act this way, the judge is not going to see him. Can you do me a favor? I'm just asking you from the kindness of my heart. When I leave talk to him kindly and just tell him what I said. >> I've been trying to. I'm going to have to He's just upset. But tell him if he talks calmly, if he's talks calmly, he'll Does he have paws in here? I had gloves on. He didn't break the gloves. >> Okay. Okay. Ma'am, you're going to step into your sandals. Need some help standing up? Yes, sir. All right. I'll help you with your sandals. Thank you, sir. I got you. You're good. You're good, sir. She's hurt. She's hurt. Yes, sir. All right, pull down a little bit. There you go. Thank you, sir. That's why I'm not being violent in I'm I'm going Yes, yes, sir. Sir. Sir. No violent peace. Peace. Peace. I just did what I had. I can't do what I had. That's all. No. No. That's it. That's it. That was pretty good, man. Officers receive a B. Probable cause was sound, force escalation proportional, and a conditional release was offered before arrest. Genuine de-escalation practice. Deduction, Miranda advisement not captured on camera. The subject receives a C plus. His first amendment rights were never at issue. The arrest rests on physical conduct alone. A conditional release was offered and refused. Every charge filed traces directly to decisions made when a lawful exit was still available. The girlfriend receives an A minus. She de-escalated consistently, provided factual context without obstruction, and cooperated throughout. Minor deduction for unintentional interference during the arrest sequence. I'm actually very, very quiet. Okay. You have me loose tonight? No, you won't be loose tonight. >> For the kids, man. You have no kids. I have kids. Okay. So, what the [ __ ] You never drink in your life? >> Hey, okay. Chill out, man. You never drink in your life? Calm down. Chill out. You guys never drink in your life? Come on. This [ __ ] Okay. You should never drink in your life, you Sit down. Go sit down. I'm a bad I'm going to go where I can control my anger. Go take a seat. I know. What? I think You never drink, you are a You are a [ __ ] Sit down. You can sit down. You [ __ ] I know you're [ __ ] I'm a [ __ ] You should have let me go. Why? I'm a [ __ ] I'm a [ __ ] I'm a [ __ ] I'm a [ __ ] I'm a [ __ ] What's that? I have better hairlines than all of you. Four you. I don't know about that. Yeah, you especially you, mother I don't know. I got pretty good hair. No, you got pretty good hair as well. We do. Yeah, for for how old are you? How old are you? I don't know. He got no hair. You're horrible. You're you're done. You have a horrible hairline. How about you? How old are you? 20. That's probably the nicest thing anyone has ever said to you today. I'm more accepted than you. I do AC. I do AC. I do AC. You're going to feel like a dick. When you feel that way, you work for it. >> [snorts] >> I'm going to fight the county. Sure. I want to fight the county. You guys are going to feel like a Okay. I'm just talking about hairlines. Slapped up, they give a deal. You have a better hairline than 20-something year olds. That's great. You feel great. How about that, right? Sure. Why are they upset? I'm just talking about hairlines. God damn it. Can I talk about that? I'm just talking about their hairlines. You don't think we're essential? Sir. What? You don't think we're essential? Who's essential? Who? AC guys. No, I love AC guys. Ask these guys. I'm sure they do, too. I'm one of them now. I stopped at 7:00. This is a nasty >> [snorts] >> I was pro cops. >> [snorts] >> But after this, call them. Can I just get these removed? Yeah, they're going to take them off in a second. I'm begging you do anything, man. You talk to Please, sir. The The victim inside, right? >> Yeah. Yeah, I'll do something about that. I'm I'm begging you do something. I'll I'll tell him. Please. Sir. Please. You have to stay in custody till they come get Please, man. Like I'll I'll say against Chris Okay. Please. Are you going to do a step on the side? Please. Please just stay there. Or do we need to add that in? No, absolutely everything. I didn't talk to him, but he'll be doing a separate one. Well, I'm That's why we're there. Okay, so we'll just do a a brief word. See See you. Chase up. Yeah. Okay. I mean, that's how we would do it, too, so. >> [clears throat] >> I'll do it. Is he getting a warrant now, so? I mean He was still on his phone when we arrived, too, so. Oh, yeah. They probably did. You [ __ ] were being in the same position in the back in the day. Yeah, they're taking him. Sir. What's up? You guys were being in the same position back in the day. I'm in a train. Who the cares? Okay. If I drink two beers, three beers All right. cares. It's the same [ __ ] back in the day. Key lesson, legal thresholds compound fast. Verbal defiance is protected. Refusing to sit is not an offense. Physically resisting a lawful arrest is a felony. The gap between those is narrow and irreversible. When an officer offers a conditional release, that is the last available exit. Rejecting it does not preserve rights. It forfeits them. Case status at time of analysis is unknown. Records are searchable through the Monroe County Clerk of Courts. The felony count under 843.01 is the controlling matter. Let us know if there is an interaction or a legal topic you would like us to discuss in the comments below. Thank you for watching.