You didn't ask me. >> What do you think I'm going to do? >> I didn't throw out the wrong. >> Yeah, you did. You did plenty wrong. >> Why don't you take responsibility for your actions? >> I didn't throw out the wrong >> Yes, you did. You're wrong in the airport. >> Stop it. Take responsibility for your actions. >> You asked me to arrest you. Guess what? You got it. boarding. >> On September 13th, 2024, at a Florida airport, a Spirit Airlines passenger named Fernando was denied boarding and arrested following an 18-minute confrontation with law enforcement. Fernando was taken into custody and issued a formal trespass ban from the airport. Charges were not publicly confirmed at the time of this analysis. This is that encounter. Pen. So, we haven't smelled anything from, but he was approaching young ladies, like three, four ladies that were on the flight until he got to this man's wife approaching her and then he obviously didn't like it. He was getting in her face. >> So, what's he going to do? >> Well, we're denying him boarding for this one. I don't know if Camilo wants to rebook him. I wouldn't, but >> No, you can take it back and leave. It's two other ladies in that flight who said the same thing that he was trying, you know, to get fresh and stuff. No, we don't want that. >> Speak English. >> Yeah, he speaks English. So, >> um >> Yes, sir. >> Yeah. We're going to go back to the main terminal and we're going to deal with the your customer service over there. >> I will do whatever you want me to do. >> Um but bring to the counter. You want to go ahead and cancel everything. >> Before anything else, can I say something? Can I use a bathroom? Huh? >> Can I use the bathroom? >> We go to the top. We're going to go to the top of the walkway. You can use that bathroom right there. >> Whatever you want me to do, >> heavy. Abby, >> give that money. >> Abby, I'm at the Ohio airport and I don't know what happened. I don't know what happened, but I think I'm going to need I'm going to need I'm going to need a lawyer. Okay. >> No, you're not. Go ahead and go to the bathroom. >> Okay, just let you know right now. >> There's the bathroom. There's the bathroom right there. Hurry up. >> All right. I'm just letting you know right now. >> Hurry up. Go to the bathroom. I'm waiting, sir. Sir, >> what's going on, sir? >> Then if nothing's going on, then why are you pulling me over here? >> Okay. What's going on, sir? >> You said nothing's going on, then why you pulling me over? >> They told me they're not going to let you fly. >> It's like me coming to your house. Doesn't matter what the reason is. When they say you're not going to fly, you can't fly. >> Then I won't fly. >> I They said that he was drunk and harassing women. What the? >> You are drunk. I don't know about the woman part. I wasn't >> Well, bring the woman over here. >> No, we're not doing that. This is in court. That's not how this is working. >> Bring them over here. >> Get on. >> Doesn't work like that. Doesn't work like that. >> I have trouble this country up and down so many freaking times. A handsome man like me is going to harass a woman. >> Please, >> where are you going? >> I'm sorry. >> Where are you going? Where you flying to? >> Hold on. I'm trying to help you get home. I'm trying to help you. You don't want me to help you? >> Of course you want to. >> Okay, then tell me where you going. Can I trust you? >> Okay. >> Tell me where you're going. >> Look. Look. I'm a good man, man. >> Okay. Where are you going? >> Make sure you can see it in my eyes. >> No, I need you to tell me where you going. >> Okay. I was going to help you, but it's okay. >> I was going to see where the flights are, but you're not telling me where. Come on. Off. >> But I'm I was going to help you get where you're going, but you don't want to listen. >> That's ridiculous. >> 10:30. 10:30. 10:30. Take a picture of this. 10:30 is the last flight going to Houston. Come on. We got to go out here. >> No, sir. I'm not taking that. >> Okay, then I'm trying. That's the only flight. That's it. >> You have to wait till tomorrow. >> But because somebody else, >> you have to wait till tomorrow. >> No, I I am not. What about that person that I was asking? Why aren't you bringing her over here? >> Cuz we're not doing an investigation. It's like when I go to your house. If I go to If I go to your house and you tell me I can't be there, I have to leave. Doesn't matter what I whatever. about the person you're telling. >> It doesn't matter. It doesn't matter. >> It doesn't matter. But you hear me questioning me. >> I'm not questioning you. I brought you. >> Of course, you are because you have me here. >> So, you're free to go? >> No, I am not. >> You're free to go? >> NO. HELL NO. >> You're free to go >> cuz I paid for a flight. >> You're not flying on. >> You questioning that flight. You questioning that person. Why you not questioning me? >> I You right now. Who's that on the phone? >> No. >> Who's that on the phone? It doesn't none of your concern, sir. >> Okay. Every everything I'm trying to >> No, of course not because I paid for that flight. >> I told Yeah. >> You know, I have an important game to to be at my son King tomorrow. >> I'm sorry. >> No. No. That's not your son. What about if it was your son? >> Stop. Don't touch me. >> No, I'm not touching you, sir. Don't do that. >> I I'm just I'm You better do your job right. And you better do your job right. >> And I don't know where the you are, but you better try calling him. instead of coming out coming out after me that are out that I know nothing against the law. You're >> free to go, sir. >> I don't know why you holling at me. >> It's not going to help you holling at me. I'm used to it. So >> then why the you put me out flight? >> I told you. They told you you couldn't fly and you >> What about WHY DON'T YOU GET THAT OTHER PERSON OUT THEN? >> Trying to get him to talk. I tried to >> Why don't you get that other person out? >> Because they already gone, right? The flight. >> So unfortunately for me, they got that other person out. But I'm >> Yes. >> Reality. How old are you? >> I hope you been I hope you be in my place. I'm not putting your finger in my place. >> All right. >> I'm not You saying >> I'm not touching you and you come recording me. Listen. >> I am not touching you and I'm not recording. >> How old are you? >> It doesn't need a grown man and you're not acting like >> Of course I am. You're acting like a cry baby. >> Go sit down and make a plan. >> Crying like a home baby. >> Go stop whining and go sit down and make a plan. You can't. You're stuck here right now because you're arguing with me. >> Okay. >> It's not getting you home. >> Okay. Okay. Sorry. Go sit down. >> Okay. >> Go sit down. >> You listen to me right now. >> No. You haven't listened to me the whole time. Now go sit down. I'll make a plan how to get home. >> Stop acting. >> Can I just tell you something? >> No, sir. No. I've talked to you long enough. >> How would you feel if that's the only money to get to your home? >> Sit down and you have to plan for somebody else to pay for your to get to your home. >> Listen. Put the card in your pocket. Go sit down and make a plan to get where you going. >> How would you feel when you going to your boys game and somebody holds you up because you're harassing them? >> I've given you my name >> with no I told you where another flight is. I've done everything. >> Come on, man. Don't me. >> Don't [ __ ] me, man. >> Okay, sir. I don't feel man. >> Does that make you feel good because you're doing your job with noing proof? Does that make you a man? >> Did I try to help you? >> Of course. Now you didn't try to help me. >> I didn't know. >> Sir, have you rebooked? All right, sir. Have you rebooked? >> Sir, have you rebooked? >> I'm just going to ask you this. Okay. >> Do you think I'm the I'm the type of guy that I'm going to ask somebody else. >> Do you think? >> I don't think so. You seem like a nice guy to me. >> Okay. >> Thank you so much. >> Real quick, I'm going to try to help you out. You got to rebook cuz you don't want to miss your uh your kids game. Thanks to that mother and that motherucker over there. >> It's the It's the airlines. It's not a >> that airlines. >> Exactly. So, but you got to rebook either do the >> either through Expedia or go up to a ticket counter and have to rebook. >> I don't give a >> They got to take me to jail. They take me to jail right now. Because I have done nothing wrong. >> Okay. Well, you don't want I don't have no reason to advance my flight. Why? because I have not done nothing wrong, sir. >> Okay. Well, I'm sorry that had to happen. >> You got to find a flight out of here. >> Okay. Give me the difference and I'll find the flight. >> Expedia.com. >> Okay. Then pay me the difference. >> We're paying You're an adult. We're not going to pay for you anything. We're not We don't give you an allowance. >> You Okay. Are you going to book a flight? >> Are you Are you stay here? >> I want to talk to you. Talk to my >> Am I under arrest? >> No. No. No. Never been under arrest. Take me >> for what? >> For what? >> Okay. You said I done something wrong. >> Listen. Did I did something wrong? >> They said you did something wrong. >> Okay. They said were your witnesses. >> Okay. >> Okay. Then bring them over here. >> That's why we said I don't know if you did anything wrong. >> Okay. Then why are you coming up to me if you don't know if I did something wrong or not? Why you coming up to me? >> It's a customer service issue. >> You got to take it up with spirit. >> Spirit. >> Yeah. Well, >> then arrest me. >> I did I did something wrong here. >> Take me. >> You're not You're not understanding. You're not Don't Don't come. >> Come on, man. Are you a family man? >> Yes, sir. >> Have you worked out of town? >> Yes, sir. >> Have you ever had a Have you ever had your games? Your boy? >> Miss my flight? Missed my flight? Yes. >> I've missed my flight. >> Have you? Yeah. I got three kids. >> Have you? So, the difference is is that you can go, but you got to make arrangements with whoever's on the phone. You're hanging up on somebody. Somebody's on the phone. >> No, trust me. They're on the line. They're recording. Trust me, it doesn't matter. >> Tell them tell them that there's a flight tonight. If you stop arguing with us, you may be able to get it. If not, >> the point >> then I can't help. >> Then get the mother person that saying that you're asking for the impossible mother. So what you're saying >> and arguing with you? >> We've done all this. All right. I'm leaving. I'm going down here, y'all. >> That's what you do. >> Yes. >> Okay. All right. Here. Okay. >> Don't do that. >> You work for me. As a matter of fact, >> no, I don't. Oh, >> you from Houston. I work for the city. >> It doesn't matter. I pay taxes here. >> It I could prove that motherucking to you. I pay taxes in Ohio. >> You work for me. >> This is flawed. that >> I tell you what as a matter of fact if >> you sit down if you sit down I listen to you >> I work for the IBW and I work for Florida Ohio >> if you have a seat >> any state I work for any mothering state you have a seat >> so as a matter of fact cuz I know you work for me right now >> you have a seat I'll listen to you >> so give me your information >> have a seat >> no >> I'm not >> where this admission holds is that Fernando's own words spoken voluntarily before any custody corroborate the airlines line stated grounds under 49 USC 44902 and establish independent probable cause for disorderly conduct under Ohio Revised Code section 291711. Where this fails Fernando is that pre-arrest voluntary statements require no Miranda warning under Miranda versus Arizona 384US 436 1966. Every word he said before handcuffs is fully admissible. not be sober. >> I might not be >> Come on, man. >> Sober. >> You told me you were drinking. >> Sober. >> Did you tell me you were drinking? >> Sober. >> Did you tell me you were drinking? >> Sober. >> Have a seat and I will talk to you. >> Don't tell me you don't have to blew in the face. >> Have a seat. >> Are you going to tell me you don't have a drink or two? >> No. Have a seat. I don't drink. >> Come on. >> I don't been out the military for a million years. Stop drinking a long time. >> I didn't know I was in the military neither. >> Huh? Have a seat. Have a seat and I'll talk to you. This is just back and forth. This is childish. This is like a high school. >> No, sir. It's not childish. It's making me miss my flight to go to my son's game over somebody that's saying that I was helping respect. Why didn't you stop that person? >> But you said you were going to call the lawyer. >> But didn't you say you were going to call the lawyer? >> So call the lawyer. So what is arguing with me going to do? >> Where are you getting with this back and forth? >> That's fine. Give me your information. Officer Richardson, listen out. There he comes. >> I want your card. Your card. >> You got the card. And your card. You got the card right there. >> I got one card. I want your card. Your card. >> Hey, somebody write my name on my card. It's in your hand. >> Somebody write my name on the card. >> Supervisor. >> No supervisor. We're not going to have >> You mean you're no supervisor? >> Sir, you're going to push an issue that you don't want to push. There's no supervisor. >> I'll spend more money than what I have to spend. Go do what you got to do. >> Let's be out. >> I might not have that money, but trust me, I will spend it, >> Fernando. >> I will get home. I hope you get home. >> I will spend the money that I don't have. >> I hope you get home. You can't stay >> to get after you and get after him. >> All right, Fernando, >> cuz you know well you're not treating me right. >> I'm not following me, Fernando. >> I'm not following you. There's scammers all over the place. >> I'm leaving Fernando. >> You know there's scammers all over the place and you know I'm not bringing with him. It doesn't matter how much money is costing you. Trust me, you got >> He got kicked playing. >> Okay. >> Trust me. Um, >> y we got him set down for like 4 seconds. >> You're going to miss >> You're going to miss I have a game tomorrow to go see my son at 9:00 a.m. And he's like, "No." >> And I'm going to miss that. Why? Because somebody said I was harassing them. Why don't you have that woman here or man here? >> Listen. >> No, sir. Fair. Listen. >> No. >> This is the >> That's not fair. >> This is the fin version of the supervisor. >> I really don't care, honestly. But go ahead. >> Okay. If you don't care, I don't care cuz I could easily trespass you right now and you won't come in back into this airport ever. >> So, what do you want to do? You want to calm down and go to spirit and try to rebook or do you want to keep this whole process going? >> Look, all I know is that I miss my son. >> Less than a minute. And all I know less than a minute. >> Listen just for a second. >> I will trespass. >> Listen just for a second. >> It doesn't matter. He's not listening. He don't >> conduct. >> Why? Because I'm not getting my rights. >> No. Cuz you're screaming and you're acting like a child. >> And we're trying. We're trying. >> Why? Because y'all not yall not letting me get what I paid for. >> You're at that next step. Remember I told you the next thing they were going to do was trespass you and the thing after that was going to be an arrest. I told you that. >> But you're not missing. >> Go ahead and take me. >> We don't have to take you. >> Go ahead. >> Are you Are you going to go over and try to rebook and and or do I trespass you? It's up to you. >> I'm not trying to re rebook because I already paid for it >> because somebody said I was doing something that I that I didn't do. That's not that's that's that's between you and spirit. But at this point then you're going to have to leave the property >> if you're not flying. >> How would you >> What's your name, sir? >> See, there it goes. >> He's going to go 10:15. >> He's going to go. Yeah, you're going to have to be cuz you're not listening. >> Fernando doesn't listen. >> I don't listen. >> He's a grown man. He doesn't listen. >> Okay. Can you just let me talk? >> No. No. >> Stop acting like a child. I'm not acting like a child. Don't talk to me like that. Stop having talked by everybody. Okay. >> You work for me. Are you going to rebook or you're going to get trespassed off this property? >> Are you going to rebook or you get trespassed off the property? You're going to see your kids. >> Okay. >> How would you feel if your if your son inspecting you tomorrow morning? >> Well, sit down, sober up, and rebber up. Have you done me? H Have you done me a >> I don't know if I've done nothing. Okay, go sit down. >> And then how do you know I'm drunk? >> You are drunk. Alcohol and you're acting like a seven-year-old. >> Because your knowledge I am drunk. Your knowledge I am drunk. Because if your knowledge is obvious common knowledge obvious >> go relax, sober up and react. Good. Go book your flight and go. >> Go home. >> That's what we're trying to get you to do. >> No. Stop acting like a child. >> Yet detain that other person. >> It's over. It's done. There's nothing. >> Y'all would detain. Y'all would have detained the other person. Why you detain me? >> You're not detained. We're telling you to go sit down. >> WHY YOU STOP ME FROM a flight? >> No, they said you can't fight. >> Police did not say that. They did >> and it's our job to bring you from that side to this side. >> How would you feel? >> How I feel? >> How would you feel? How would you feel? >> I don't run in this situation cuz I'm an adult and I act right. >> I am down and go sober up. >> You man, >> go sober up. you and you mother. >> Go do what you got TO DO. >> I GOT I GO do whatever I got to do. Why? >> Take me to jail. >> Come on. >> Oh my. >> I have I watch you're doing this to me. >> You're done. >> You're all done. >> How am I getting a child? >> You're going to jail and you're being trespassed off this property. You cannot fly out of here. Good luck with your flight plans in the future. You'll sober up in jail. >> I was just trying >> out there if you want. >> I was just trying to talk. >> No, you harassed me. >> No, you did the wrong thing. >> Now, now regret since it sinks in with you. >> I tried, Miss Fernando. I tried. >> This is what you wanted though, right? >> I didn't do nothing wrong, sir. >> Isn't this what you wanted? >> You asked me to arrest you. What do you think I'm going to do? >> I didn't do nothing wrong. >> Yeah, you did. You did plenty wrong. >> Why don't you take responsibility for your actions? >> I didn't do nothing wrong. >> Yes, you did. Yes, you did. You're drunk in the airport. Stop it. Take responsibility for your actions. >> I didn't. >> You asked me to arrest you. Guess what? You got it. >> That's fine. I assume my consequences, but I didn't do nothing wrong. >> Okay. Where is his phone? >> You know I didn't do enough. They took it away from me. >> Who? Somebody took his phone. >> Yes, they took my wallet and everything. >> Okay. >> And I want my I want my car to my lawyer. >> You'll get it. >> Of course I will. But as far as I know, I didn't do nothing wrong. >> Okay. >> Nothing. >> Bait. >> Is that a bait? >> Yes. >> Can I just hit him one more time at least? >> No. I didn't know going to see my kid was going to lead me to this. I told you >> here >> under 49 U. Yes. C. Section 44902. An air carrier may refuse boarding to any passenger it deems a safety risk without producing witnesses, without meeting any criminal standard of proof, and without explanation at the gate. Fernando's demand to confront his accusers had no legal basis here. The sixth amendment confrontation clause applies only in criminal proceedings, not airline boarding decisions governed by the contract of carriage. Under Florida versus Bostic 501US429 1991, a seizure occurs when a reasonable person would not feel free to leave. Officers told Fernando he was free to go while simultaneously blocking his gate access, creating a de facto Terry stop without clear articulation of independent suspicion. under Terry versus Ohio 392US1968. Under Cohen versus California 403US151 1971 and City of Houston versus Hill 482US451 1987. Profanity directed at law enforcement is constitutionally protected. Fernando's language did not constitute fighting words under Chaplinsky versus New Hampshire 315US 5681 1942 and could not independently support arrest under Ohio Revised Code section 291121. Criminal trespass requires knowingly remaining without legal privilege. Fernando's privilege expired the moment Spirit denied him boarding. After a formal warning, his refusal to leave met the statutory threshold for criminal trespass. At the time of this analysis, the outcome of any criminal charges or civil proceedings remains unknown. Based on the legal record, Fernando would likely face misdemeanor disorderly conduct under Ohio Revised Code section 291711 and criminal trespass under section 291 11121. Spirit failed to provide a written denial of boarding notice and communicated no rebooking protocol, creating potential breach of contract exposure. Officer Richardson and his partner receive a B. legal compliance with strong accurate application of section 44902, proper escalation over 14 minutes, and a lawful arrest following a formal trespass warning. Officers identified themselves, offered an alternate flight, and gave Fernando multiple offramps before arrest. However, characterizing Fernando as acting like a seven-year-old does not meet deescalation standards. Telling him he was free to go while blocking his gate access created a legally contradictory detention posture. Fernando receives a C+. His core grievance had civil law merit, denied boarding without written notice, without opportunity to respond based on unverified allegations. He did not physically resist. requested counsel upon arrest and did not escalate to violence. However, he refused a viable alternate flight that would have gotten him to his son's 9:00 a.m. game, admitted possible intoxication on camera, and demanded arrest repeatedly as a rhetorical tactic, then treated the outcome as unjust. Spirit Airlines receives a C. The airline acted within its section 44902 authority, but provided no written denial notice, no rebooking protocol, and the gate agents remark that she would not rebook Fernando suggests a punitive posture that may expose Spirit to consumer protection claims. Lesson one, section 44902 means an airline can remove you without proof, without witnesses, and without appeal at the gate. Your remedy is a consumer complaint with the Department of Transportation or a breach of contract claim, not a confrontation in the terminal. Lesson two, free to leave and free to stay are different rights. Fernando never established which one he actually held and every decision he made assumed the wrong one. Lesson three, profanity is protected speech. Demanding arrest is not a legal strategy. Remaining in a secure terminal without a valid flight converts a civil dispute into criminal trespass. The alternate flight Fernando refused was a case he could have won in civil court. Every off-ramp he rejected closed that option permanently. Lesson four. Pre-arrest voluntary statements require no Miranda warning and are fully admissible. What you say before handcuffs is evidence. Lesson five. Emotions are understandable. Strategy is a choice. Fernando had a legitimate grievance and multiple legal paths. A Department of Transportation complaint. a breach of contract claim, a civil rights consultation. He chose none of them. In a legal encounter, strategy determines the outcome. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. We read all of them. If there is a body cam interaction or legal question you want covered, let us know.