By the end of this stop, mom's in handcuffs on a felony charge. Let's see if it actually holds up. >> Where you stand? Is that a good idea? >> Oh, the window. >> 150 to 153. We're not getting anything out front. Do you see anything out back? [snorts] >> Negative. >> Well, we have no good PS's for mom. I don't know what we're going to do with this girl. All right, come on. We'll try to call Alyssa. And if we don't get a hold of her, we'll have to see what Sarge wants to do with the girl because if she doesn't want to come back here and she has kind of a good reason to not want to come back, we might we might take her to Children's. I don't know. >> Hi, this is Officer Hunter at the Grove City Police Department. >> Hi. I'm going to set my door because I was about to like I was in a shower and my daughter Yeah, but I'm not dressed. >> Okay. Are So, you're home? >> Um, yeah, but I broke like I was I just got out of the shower. >> Okay. Is is Zachary there? >> No, just in LA about to be here. >> Okay. Has Zachary been staying here? >> No, >> he hasn't been here since he's been given that protection order. >> No. >> Okay. Do you mind if we come up and talk to you? >> Okay. You give me a minute because I'm not dressed. >> Yeah, we Yeah, that's fine. Um, we're here. So, we want to talk to you. So basically your your daughter's a reptude intermediate and she says that she doesn't she's afraid to come home because Zachary has been staying here. >> Okay. >> Information. >> So Zachary has not been here. You're saying? >> No. >> Okay. All right. Well, I'd like to just kind of talk to you in person real quick and verify that and then um we'll see what you want to do with your your daughter over at Park Street. um either go down and get her or we can give her a ride back or whatnot, but um we want to verify that Zach's actually not here cuz he's not supposed to be. Okay. >> Okay. Give me a second to get her in a robe and I don't know if she >> All right, sounds good. Thank you. She's lying. She's lying. You can tell on her voice that she's lying. So, this is Officer Hunter. >> Hey, I cannot find my keys. I'm not like >> Hold on, hold on, hold on, hold on, hold on, hold on. What do you need? What do you need keys for to come to the front door and talk to me for? >> Um, he wanted to talk to me because my daughter is saying that my four-year-old dad's here, but he's not. She got grounded yesterday. I That's the only thing I can think of. But I was in the shower. I have no teeth. I can't find my teeth. I have them. I just can't find them. So, it's embarrassing. >> Okay. I don't care about whether you have teeth in or not. I want to talk to you in person. I'm not going to let your daughter come back to this apartment till I talk to you and I see you face to face. Do you understand that? >> Yes. >> So, I don't care if you have teeth in or not. need to come to the door and talk to me. >> I know. I'm just telling you guys. >> Oh, I'm sorry that you feel that way, but I could care less [snorts] about that. >> I know, but it's embarrassing. >> Okay. Are you able to come to the door or not? >> Yes, I'm ready. >> Hello. You still haven't gotten dressed yet? >> No, I'm brushing my teeth. >> Okay. >> I was in quarantine. >> How can I leave? >> So, where is where is Zach at? Zachary. >> Why should be? >> He should be what? >> He's at his mom. Taylor is >> okay [snorts] then. Hello. So, he's not here. He hasn't been here. >> And there's no concern. >> No. >> You would tell us? No, I promise you. I promise you there's not there's a concern about my daughter. I don't know what to do with her. >> Okay. >> Because she knows she knows that she shouldn't do this, but she's mad. She found it. >> I don't know why she told her. >> Would you have an issue if we came in a quick walk through? Would that be would that be a problem? >> It's fine. >> It's fine. >> Okay. >> She's the only one in here. >> Yeah. >> Okay. Why don't you sit over there? Issue won the consent search. Officers never had a warrant. Everything hinged on the mother saying yes twice. Under the 1973 case Schneckloth versus Bamante, consent just has to be voluntary under the totality of the circumstances. Telling her she couldn't get her daughter back until she talked face to face added pressure, but courts generally allow that kind of leverage in welfare checks. Issue two, plain view. The meth pipe and burnt foil weren't found by searching. They were sitting out during a walkthrough she agreed to. Under the 1990 case Horton versus California, if officers are lawfully present and evidence is obviously incriminating, no warrant is needed to seize it. >> 150. We're going to be doing a walk through the residence. >> This is really messy. >> All right. And 100% if he's in here, I need to know now cuz you're letting us walk through. I need to know if he's in here. >> Yeah, I'm afraid I'm not three, but >> I understand. You can you can refuse, >> but No point to refuse his messy like it's in the >> Okay. Well, then I just want to know. >> He pops out, we're going to have problems. You understand? >> Yeah. >> All right. >> We're going to we're going to end up getting a hold of her. Start trying to see again. See if she wants to do cuz we obviously have paraphernetic everywhere in here. That's a problem. So, we might hold this somewhere. >> Yeah. Right there. I'm going to get over. >> Yeah, I tried to look when I came upstairs. I guess there is a basement. So, we'll check that real quick. And then Road City Police. Anybody down here? Road City Police. Is anybody down here? >> Come down here. Got you. I'm coming down. >> You're going to watch this pile of Watch this pile of [ __ ] Make sure it doesn't move. Okay. >> All right. Good. All right. Just got to hold here. Living room. Don't let her upstairs. [ __ ] pretty sure there's bed bugs everywhere. >> [groaning] >> You see bugs on your legs? [ __ ] paranoid the rest of the day. >> 150 to 66. Ma'am, can I give you PS? >> Hello. >> Hey. Uh, so we checked the residence for him. She gave us consent to come in have a walk around. He's not in here, but we have other issues. I don't know which how you want to handle it, but there's uh in her bedroom there's paraphernalia in Queen View burnt. There's burnt foil all over the bed. There's a meth pipe laying on the floor. Um she's got a small child in here. Obviously the other kids over at the school. So I have more just inside the residence kind of holding the first floor having mom and the baby stay in the living room. See what you want to do. >> But we don't think they're selling or anything like that. >> I doubt they're selling. They look like if anything they just use. So, if anything's in there, if anything's in there, it'd be personal amount, personal use. But, I mean, like, what do you want to do with these kids? She's got freaking meth pipe and burnt foil just laying on the bed. And she's got a toddler in here, and then she's got like an 11, 12year-old over at the school. >> How like is a toddler walking around all that stuff? >> Yeah. Like probably two or maybe three. She's old enough to talk and walk around and do her own thing. She'd go up that bedroom right now and grab that bite just laying on the floor. The apartment's disgusting. There's I'm pretty sure there's bed bugs hopping around everywhere in there. It's n it's filthy in there. So, >> and no drugs in plain view. >> No drugs in plain view. I wasn't going to like start microscoping. We were in there obviously looking for Zach, >> right? >> At least make a referral. Do you think you have enough for endangering? >> Not with this burnt coil and the pipe. Unless there was something in the pipe and if we pick it up and there's still [ __ ] left over in the pipe, that'd be different. But >> I would say take what you have in plain view because you have a right to take that >> and charge her with the paraphernalia. >> Okay. and make a referral to children. >> All right. >> All right. We'll question her on it, too. >> We We'll question her. See if she admits that if there's any drugs in there. >> All right. >> All right. Thanks, Mike. >> Issue three. Was this really a felony? A pipe and burnt foil alone are just paraphernalia. In Ohio, that's a fourthderee misdemeanor. Felony drug possession requires an actual controlled substance. Even the officer's own supervisor said so on the phone before the arrest. Issue four, child endangerment. Ohio's endangering statute defaults to a first-degree misdemeanor. It only becomes a felony with serious harm or a prior conviction. Calling it a felony at the moment of arrest may have gotten ahead of the evidence. >> We went in to look for him and she's got meth pipe and burnt foil laying all over her bedroom. So, >> she wasn't dumb enough to hide that because she let you come in. >> She was probably up there smoking it when that's why she didn't answer. She says she was in the shower >> smoking. She's probably up there smoking because then she wouldn't come to the door. She's like, "I don't want to come. I can't find my teeth. I don't want to come. It's embarrassing." It's like, "Well, I'm not bringing your kid back until you come and talk to us." And then her teeth are laying right up there by the nightstand where the meth pipe and the burnt foil is. We're going to go gather that up. We're going to see if she'll admit that there's any drugs in the house. We're going to charge her with paraphernalia at the least. And then we'll make a referral to children's. So, >> give me donut. >> M donut. All right. Oh, is it Alissa? >> Yes, Alisa or >> Yes, sir. >> All right, here's the deal. Is there any drugs in this apartment? >> No. There's some clothes up on my bed on >> I know there's on there. >> Oh, I didn't throw it all away. I was I put it in there a little bit before I got in the shower cuz I >> Why would you put it in there? >> Cuz I was looking in my closet for bro and I saw it in there. I said >> you saw all the moist. You just keep all your burnt foil in the in the >> No, I saw them in the closet. I said there so I wouldn't forget to throw them away. And >> what drugs do you use? >> I use spent on ice, but I'm also boxing now. I got clean. You guys, she helped me like I detoxed here a couple days ago cuz I would get clean and had >> So there's no drugs in there. >> No. >> So what what if we search your bedroom? Are we going to find drugs? >> No. You might find us like that, but I be thrown away. That's what I found in the >> So you want to give us consent to search your bedroom? >> That's fine. You can't. >> Okay, we're going to search the bedroom >> because there's I found >> at the very least we're taking the foils and the meth. We're going to charge you today with it. >> Okay. So >> I found it to throw away. I set it there cuz I have really bad memory. >> Okay. All right. Well, we're gonna we're going to search your your bedroom then. Um, stay down here. If you want to if you whatever, you can let us know. Change your mind. >> Doesn't work. >> All right. Hang down here with Officer Moore. >> My name's L. >> You can look. I promise there's no drugs up there. If there was, I would have found them and did them before I got home. >> I found my closet. That's why the safe open cuz I was making sure there wasn't any drugs up there. >> Looks like a used narcane. So, that's cool. Someone over there. >> Needle covers back here. There's some more burnt pole. >> See this right here? Yeah, it's probably enough. If that kid came up here and got into that, that probably that kill that kid, right? >> Yeah, definitely. >> So, doesn't take a lot. So, >> we're going to uh we're going to arrest her. So, we'll arrest her. >> What do you think that is? >> She says she uses fentanyl. Probably fentanyl. So, that's definitely not the job. So >> yeah, >> she can go to jail and we'll take the kids to jail services and >> have to kill that. >> So um yeah. >> All right, Lisa, I need you to do me a favor. Set the phone down. Stand up. Place your hands behind your back. You're under arrest. >> Can I push, please? >> Why am I under arrest? >> Why am I under arrest? >> Together like you're bra >> felony drug possession and child >> child endangering. I need >> I know you need you need to have a nice safe home is what you need. We're going to do that. Bring your wrist. Bring your wrist closer. >> I found it in the closet. >> No. Mommy, [crying] >> I didn't do it. [laughter] >> Please don't arrest my mom. >> Get the handcuff on the wrong way. This rope is throwing me off. >> No, don't. >> He just helped me secure my hands really quick. I put my handcuff [crying] on the wrong way. Just take it off cuz the robes work. >> Just take it off. Just like that. >> Don't take my mommy so I let them look at the room. I didn't know. >> Please. >> I feel awkward. >> Issue five. Miranda. She admitted to fentinel and meth use before she was ever arrested or restrained. Under the 1984 case, Burkamir versus McCarti. Routine non-restrained questioning during a welfare check doesn't automatically require a Miranda warning. Issue six. The protection order violation that started all this was never confirmed. Zachary was never found in the home. The entire drug case grew out of a search for someone who wasn't even there. Grading the officer's solid procedure. Clear consent. A supervisor call before the arrest. Proper use of plain view. But the charging language got ahead of the confirmed evidence. Call it a B. Lesson learned. Paraphernalia alone rarely equals a felony. The actual substance is what makes or breaks that charge. That's the legal breakdown. Let us know in the comments if you think this arrest holds up in court. It >> doesn't matter. That's ridiculous. >> All right, let's go this way and hop in. And then when we go to holding you, you'll put we'll put that shirt. We'll we'll put you in a cell to put that shirt on. >> All right, have a seat. >> Thank you. >> Yeah, we'll get it. disconnected.