told an associate that she had a bomb in her backpack I walked in ehere and he slapped me is this really worth losing your job over ask yourself that's the end of the day cause that's gonna be the end result you're gonna lose your job over this okay your last chance or you're gonna go to jail what happens when a routine security check turns into a standoff and a casual remark in a grocery store triggers a full evacuation two incidents two very different situations but the same question at the end of both at what point exactly did the law kick in and was there any way back all y'all ugly m-f*** you don't want start this sh*t yeah I know b*tch touch me all of the Easter stars m-f*** my b*tch put your hands on your back bag that she has on now she stated she had a bomb she had a bomb in her backpack there's nothing in there it's not a bomb or nothing are you having are you have alcohol problems you know what alcoholism is it's when you continue to do something even though there's consequences but don't you think it's a problem when you have consequences for drinking yeah what are you talking about are you listen to me talk about it's a bomb in it why would it be a bomb in there nobody bomb in Walmart OK that's a that's a car jumping over the roof over something so simple you wanna come talk to me for what for what I'm trying to get to work I gotta stop yeah you gotta you gotta abide by the rules of the airport so why are you doing that I don't understand I just walked in here you don't understand what I walked in ehere and he slapped me I don't know what he said do you have your BNA badge why would you do that I I cause I can free them of speech okay do you have your BNA badge with you huh do you have your BNA badge with you yes where is it at you need to have it on your I need to see it ma'am I need to see your BNA badge right here man well then get it out right here right here get it out get it out let me have it let me have it you ain't do nothing to me man you just have to take me down I ain't done nothing to nobody nobody was trying to get to work and he slapped me what hey yo this is regarding the boy like a million down here how do you wanna get what is wrong with you him all I do was getting ready to go to work and there he is man you got everything you see my name and everything what you gonna do is is all this stuff hers or what that's my stuff why you got so many keys I got so many cars what do you need man why you got so many cars cause I wanna buy them I wanna buy them I bought them leave me the f*ck alone what you gonna do what you gonna do now now what what the f*ck y'all f*ck with me for this is the third time I came in here I can't go to work cause y'all m-f*** well you're about to lose your job if you keep why are you being like this y'all I know y'all sick of y'all mother they got they got talk to everybody central headquarters update she's unwilling to provide her DNA badge and calling the TSA you're lying my cousin is a detective I will get him on your ass I swear to god I will get my cousin why are you you acting this way because y'all f*cking with me this is the third time I came to come in on my job so I'm late all the time cause y'all m-f*** leave me the f*ck alone airport employees operating in TSA regulated secure zones accept reduced Fourth Amendment protections as a condition of employment under National Treasury Employees Union versus Von Robb decided by the Supreme Court in 1989 the special needs doctrine permits suspicionless searches where public safety demands it a credentialed employee who passes through a secure turnstile has already consented to searching credential verification contractually and constitutionally the badge itself is not her property it is stamped property of BNA Airport property subject to immediate recall upon request carrying a written pin code attached to that badge constitutes an independent security breach under TSA operational policy exposing the secure zone to unauthorized access refusal to surrender airport owned property following a lawful directive is not a First Amendment issue it is a compliance issue with criminal consequences you just coming through the turnstile y'all try to check her yes so but I still not m-f*** sick of your m-f*** alright I need to be in the back what you gonna do with it it's airport property okay I mean we need to give it so we can start our investigation so what I ain't done nothing this is all I did was walk through here I ain't done nothing man well you're not everybody's subject to the search whenever they come through here it says that when you do I'm okay I ain't been going through this all of a sudden I've been through this three times what what anytime they're standing here you're subject to that and it says that in your test when you take your DNA test put it on news camera whatever yeah is this really worth losing your job over ask yourself that's the end of the day cause that's gonna be the end result you're gonna lose your job over this okay nobody's nobody's doing anything to you any different than anybody else there'll be another employee that come in right behind you and they're gonna be subject to the same search so you ask you no before you keep talking ask yourself is this worth losing your job no okay hand me the badge please no then that's gonna result in the loss of your job that's all I'm gonna tell you what why because that's not your property so whenever you're asked to give that badge up you have to give that badge up no this prop this is not your property look at the bottom of it property of BMA I haven't done that I'm gonna stand for my right I haven't done that okay that that's that's awesome you can do that but you're gonna lose your job and we're still gonna take your badge so is it worth it being tough like this is it worth it I haven't done anything okay exactly you came through this door so we can ask you for your badge and your stuff I showed them okay so now give me your badge why because first of all you can't have your password like you have right there on a piece of paper because that's a breach what you see your password right there if you lose that anybody can get through this door so now give me your badge please alright do you see that piece of paper you have in there that has your pin code on it if you drop that on the parking lot anybody else can take that and then come straight through this door come on man I'm amazing man come on man you gotta go back in there no that's not it's in it's literally on the back of the breach of rules you can't have that all right all I did was going to the to the to the place all right so I'm gonna take your badge cause you're not complying with airport rules and regulations okay I ain't I ain't doing that I already told her that no no no you some of a all y'all mother OK now give me my sh*t so I can go home show me your badge alright give me the badge and you just pay for it and you'll be on your way we'll make a trade you give me your badge I'll give you your stuff that's how that's gotta go you ugly m-f***s all y'all ugly m-f***s you're the one that started this sh*t you should have left me alone so I can go to work no y'all with my mother I can't believe y'all y'all ugly stop Yo son of a alright last your last chance or you're gonna go to jail give me your for what being disorderly look what you're doing you're causing a scene so he can do the paperwork and you'll be on your way I ain't got no money man okay alright give me my sh*t give me my sh*t so I get the f*ck I'll give you your stuff back give me my sh*t back up you ain't got no business touching me all over these stars m-f*** my sh*t give me my stuff that was a smart move give me my stuff why y'all doing do not resist stop do not resist do not resist stop OK you're causing a disturbance in security of the airport OK you got five officers being tied up with this hey you got PSA trying to keep you secure 42 oh yeah profanity directed at law enforcement standing alone is protected speech under Cohen versus California 1971 The First Amendment does not evaporate because the audience wears a uniform however the First Amendment protects words not conduct sustained refusal of lawful directives creation of a public scene in a secured zone and escalating aggression cross from protected speech into disorderly conduct most disorderly conduct statutes require fighting threatening or tumultuous behavior causing public inconvenience or alarm nine minutes of escalating confrontation involving five officers at a security checkpoint satisfies that threshold officers applied verbal de escalation repeatedly before any physical contact under Graham versus Conner 1989 the reasonableness of force is judged from the perspective of a reasonable officer at that moment not in hindsight at the moment of arrest officers faced a non compliant individual in a federal security zone who had ignored repeated lawful directives and verbally threatened law enforcement personnel the physical restraint applied was proportional minimal and legally sound clear verbal commands do not resist preceded every instance of physical contact no weapons were drawn no excessive force is identifiable on this record there's so much stuff let me get in here let me sit down mother y'all ignorant mother what you gonna do with me whose crap is that get your hands off me you're so ignorant mother I ain't done nothing to hurt anybody trying to get to work get this m-f*** off me get this m-f*** you did this leave everybody the f*ck alone you have no house can I have a B and a 7 6 for the suspect hurry up get your hands off me you always doing something get the I can't say that word say it make it feel better hey look at me are you having are you have alcohol problems is that what it is no no no you know what alcoholism is it's when you continue to do something even though there's consequences I don't do no drugs I know drugs I mean it's okay don't get me wrong it's okay to drink but don't you think it's a problem when you have consequences for drinking yeah yeah I mean I I enjoy a drink too you know but you know as much as I do when you drink you kind of act stupid they told us to leave out the store I don't know what happened but one of the workers said everybody get out the store everybody gotta get out grab your stuff and get out the store I don't know what's going on did you have a backpack in there yes my backpack got my medicine and all that stuff was there another backpack in there that you dropped no no they just told us all we all running out the store OK you guys might want to back up yeah we all running out the store thank you I just got my food my milk for my baby and my tuna for my pregnancy and I got my prenatal pills and my blankets I don't know about our backpack they just told us everybody run out the store instead of everybody get out we gotta evacuate it hey he's the one that pointed her out yeah I'm the only one that I that they had kinda it was me and another white guy he's still in there and they told us we were both running out and they was like everybody get out get out they were running all over the store telling us to leave hey how are you did you call so she called she's actually calling right now so who is she the other manager she's inside the store I don't know I can ask her right now Katie where you at cause we don't know what's going on here outside the door with the police the grocery store come out the door so this lady was in here earlier starting to rock his grown things possible came back told an associate that she had a bomb in her backpack one second okay I got you ready I'm out here talking to the man she's gonna be coming out I'm sorry OK hey so this female here yeah told me so she said she had a bomb in her backpack and she left it in her head she was in the privacy of the bathroom OK are you guys who else is in there they able to watch the camera see if she is it a bag by the police department it's the bag she's been carrying all day so it's not a back black bag not that I know of okay so it's the bag that she has on now she's stating that she had a she told someone she had a bomb correct yeah so just to correct the bomb that she has I mean bag that she has on now she stated she had the bomb she had a bomb in her backpack hello give me one second um yeah I don't have you wanna check my package they say it was book bag but some of us have like you know like one of the girl had like a little Audi shopping bag so I don't know why do you have an Audi shopping bag I got three coats my Bill you pay for that my Bill yeah this is two 98 uh and I just got my tunas cause I got to still go uh I got my tunas and um and you said you were with the white guy well we were running together they told us they was like get everybody get out get out and I don't know if he's still in there he said he was trying to get some Pringles so yeah I'm nervous too I don't know what the hell is going on who's the white guy you're with I don't I wasn't with him we just um oh you just happen to be running the store together we was just the store this is possible yeah yeah there's nothing in it not a bomb or nothing 13 we probably got her out from the store we're talking right now there's nothing in it sir it's not a bomb or anything OK so listen hear me out alright I need you to understand yeah did you you guys can pull down OK pull down and go down there OK I get you but I want you guys to pull back and go down there listen no no I'm not gonna hold it listen I need you to understand OK what did you get into it with anybody in the store and you talk no listen before you respond to me OK did you get into it with anyone in the store prior to no alright get into it for for what get into it with who at the store I'm trying to figure it out I don't get in touch with who for what come over with me come on I don't know that's what I'm trying to figure out I have to catch my bus alright we're gonna unfortunately we have to try to catch the next bus OK cause we gotta figure some stuff out figure what out I'll let you know it's on camera it's nothing alright OK and if it's a no cause then we'll figure it out no cause for what they know no cause alright what's your social social what's your social set last OK hear me out I'll give you the last one OK what's your name first name Nicole Smith Nicole Smith yeah date of birth now incident 2 in Ohio a single statement I have a bomb in my backpack triggers Ohio Revised Code Section 29 seventeen point 31 inducing panic the statute is unambiguous when a false report causes the evacuation of a building the offense is a felony of the third degree regardless of whether the speaker intended it as a joke a complaint or a casual remark the sentencing range is nine months to three years imprisonment and fines up to $10,000 the felony is complete at the moment of evacuation not at the moment of arrest and not contingent on finding an actual device federal exposure compounds the state charge under 18 USC Section 35 knowingly conveying false information about an explosive device affecting interstate commerce carries up to five years federal imprisonment a retail grocery store is interstate commerce emergency responders deployed resources were consumed the harm the statue targets occurred in full the Fourth Amendment question here is straightforward officers sought voluntary consent before conducting the bag search consent was granted the search was constitutionally clean no suppression issue arises on this record claiming that responding officers are wearing Halloween costumes does not affect their legal authority to arrest peace officer status derives from commission and training not from the subject's belief resisting that arrest compounds the exposure Ohio Revised Code Section 29 21 point 33 resisting arrest adds a second degree misdemeanor carrying up to 90 days airport security officers receive a B de escalation was patient professional and legally correct throughout the private conversation addressing possible alcohol use demonstrated exceptional human engagement beyond the minimum required by law the deduction reflects one tactical gap five officers at a single employee checkpoint suggest the encounter was not contained early enough earlier firmer action on the badge airport property with no legal ambiguity could have resolved this in under two minutes the airport employee receives a d she surrendered her career her income and her freedom over property she did not own by refusing a directive she was contractually obligated to follow her allegation of being struck upon entry if true is a serious matter but the legally sound response to an alleged officer assault is compliance documentation and a formal complaint not escalation the legal system provides remedies under 42 USC Section 1983 for constitutional violations but only for those who remain outside of custody and pursue those remedies through proper channels Nicole Smith receives a d she is a pregnant woman carrying prenatal vitamins and groceries sympathy and criminal liability coexist under Ohio law intent to joke does not eliminate the elements of inducing panic to her credit she cooperated with initial questioning consented to the bag search and did not violently resist arrest those facts may carry weight at sentencing they do not eliminate the felony responding police officers at the supermarket received an a minus witness interviews preceded suspect contact rapport was built before confrontation consent was obtained before search arrest followed established probable cause that is textbook procedure under the Fourth Amendment the minus reflects one gap the on camera transition from witness to suspect was not explicitly articulated for the record creating a procedural ambiguity that competent defense counsel will attempt to exploit I want to put my coat on and my hoodie on we'll figure it out okay like y'all are so weird man all right okay what are you talking about are you listening to me talk about it's a bomb in it why would it be a bomb in there nobody bomb in Walmart okay that's a that's a car jumping over the roof alright you're probably years old OK back for me you're not even real police alright we're cleaning police you're not you got fake uniform no you're not go to jail you're not real police but you're not you're not no you're not no you're not it's a Halloween City costume stop just let that go go to jail go to prison leave me alone man I'm gonna be out here you'll be out here I'll get them do you want to see if they can just replay the um lost of evidence I got my prenatals you take me away from my prenatals you're gone don't get out the way so it don't happen again real quick real quick man go on to prison go on to where I'm worried that but you know they're fake costumes everybody knows that I got money see if they're gonna oh my your black broken don't know about that oh that's not look at nobody right there look at the camera to make sure but the backpack is the backpack that she has on now I'm gonna do a pat down right now if you wanna pat me down wanted to prison regardless every last one of y'all shot at me now I'm going to prison fake police or not I got on me OK you go up there your the classroom you know you oh my god puff man oh my god man don't drop all my I see it I see it I see it I'm gonna pick it up and you gonna report you gonna go to prison for dropping my phone that's stupid it's okay real please don't please don't drop nobody just do anything alright come on just this let's go let that go sir you can't just do you are you have to play this fake place for war coming on this play those two right there those are managers right there ain't nobody out here stop playing you know I run out here alright take a seat take a seat I'm sick of this I'm sick of this this is my corner this is my corner my name this is my corner three lessons from both incidents second words carry criminal weight statements that trigger emergency responses bomb threats false alarms evacuation inducing remarks are not protected speech Virginia versus Black 2003 confirmed that true threats fall entirely outside First Amendment Protection third the moment of arrest is never the moment to fight your case compliance preserves legal options resistance eliminates them a Section 1983 civil rights claim requires a plaintiff who is not also facing criminal charges for resisting the same officers 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 and don't forget to subscribe to our channel for more content on police court interactions