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scrappa
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2026-10-22 22:53
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what did I do the reason why we're here is for a call uh shoplifting I didn't no I didn't okay you are being detained for what and now under arrest for what for resisting for what for the theft I didn't thief just to be clear you're not being detained right now you're under arrest for what aggravated assault on law enforcement shoplifting and resisting on October 14th, 2025 Little Falls Police Department in New Jersey responded to a shoplifting dispatch from a quick check convenience store what followed was a 14 minute encounter that transformed a petty theft call into multiple felony level charges driven entirely by the suspect's own conduct the first legal question is whether officers had authority to stop the suspect at all under Terry v Ohio decided by the Supreme Court in 1968 law enforcement may conduct a brief investigative detention upon reasonable articulable suspicion not probable cause but a specific objective basis to believe criminal activity is afoot here officers had a named business a specific theft allegation a physical description and a subject matching that description within one block of the reporting location that satisfies Terry the stop was lawful from the moment contact was initiated no cause you have no right unarrest me right now you have to legally unarrest me because you're arresting me illegally hurry up where's my wife do me a favor put your put put your hands behind your back put your hands no put your hands behind your back you cannot put your hand you cannot touch me hey hey put your hands you're arrested I didn't do anything you're arresting an innocent bystander come here come here come here what did I do you're gonna be detained no I'm not you're gonna be detained no I'm not you're gonna be detained a Gucci is my parents a liar you need to stand up you don't even have cameras on I am not I'm innocent no I'm not d*mn it you got her no I am not arresting you for the second time d*mn it stop no because you're arresting me illegally you guys are section 2 of the criminal law get this arm you guys gotta back up ma'am put your hands behind your back no cause I'm innocent put your hands behind your back no I don't know yep I'm boss man's key and you're f*cking the cup got it yep you got this one no I don't know get that get that cup right there ma'am let go no you're making this worse than it is no you guys are making it worse for yourself so let them hold it okay go I got it I got it no you guys can't you got it what did I do legally OK alright what did I do legally you have to give me my rights you gotta give me my rights you f*cking p*ece of sh*t stop no what did I do stop what did I do stop what did I do the reason why we're here is for a call uh shoplifting I didn't no I didn't okay I didn't relax you don't have proof relax where's your proof listen you can't arrest me you're you're being detained right now OK no cause Johnny O is my boss chief OK boss man OK you're being detained right now help me and you're resisting OK no because you illegally are arresting me OK OK no I will not go I you will see how this works wait let's wait for another unit no you're not going to listen listen if you continue to fight no cause you have no right what is your legal right call me my name Amanda listen no the IOC listen Nakita you don't have no rights where's my camera OK what did I do you're you are being detained for what and now under arrest for what for resisting for what for the theft I didn't thief okay alright stop listen stop resisting you're gonna make it worse for yourself no because you guys can't touch me okay well got four packs of cigarettes that I paid for OK alright well we're gonna we're gonna find out OK hey listen if you pay for them no problem you know who owns this stand down you f*cking Lieutenant stand down stand down unarrest me right now you have to legally unarrest me okay make that call right now because I've been suffering PTSD because of you that's why you're on autopilot we have a deal for you ain't ready relax no you can't because you have to unarrest me watch can I ask you a question what did you pay for the cigarettes yes I did listen listen if we if if I got them thumb listen pay for the cigarettes no problem OK OK and then you're gonna get popped OK no problem no problem please Daniel please Liz help me because you guys are boss and boss woman and we sent you them and I'm freaking the f*ck out Maria Maria you're illegally arresting me right now and you tell me 9 6 3 4 9 6 2 okay if you stand up and you start kicking you're gonna be thrown to the f*cking ground OK and then walk towards them and see you you drive Yo Maria relax no relax guys you're under arrest what's the point of acting like this for because you're arresting me illegally we gotta no we're not yes you are we gotta call where's my right Maria where's my right we gotta call we got a call of you shoplifting at no quick check for cigarettes no you don't have a receipt it's four packs okay cause I paid for it did you pay for it okay yes so I'm gonna go and I'm gonna prove I'm gonna see if you did go ahead okay please I'm gonna wait till lt gets here okay LT's right here let's put her in the back of the car yup no you're not allowed to yeah you are no until you prove that legally by these ground floors you cannot watch her feet they're one foot in me they're one foot in me to do this for life oh um hold it and we bring my car yeah yeah alright before we put her in though just pat her down quick man put your shoe on I'm a war veteran and you're doing this illegally I need to let you know I'm galactic OK you're on body cam OK when the suspect began walking away as officers approached that conduct is legally significant under United States versus Mendenhall flight from law enforcement combined with an existing articulable suspicion is a factor that strengthens the basis for detention it does not by itself establish guilt but it reinforces the officer's lawful authority to stop the suspect's physical contact with the officer during the initial detention is the pivotal legal moment under New Jersey Statue 2 c 12 1 subsection b paragraph 5 any purposeful knowing or reckless bodily contact directed at a law enforcement officer acting in the performance of official duties constitutes aggravated assault a crime of the third degree an indictable offense under New Jersey criminal law a single SWAT of the hand elevated this case from a disorderly person's offense to a felony grade charge carrying up to five years of incarceration the sustained resistance to handcuffing triggers a second independent charge New Jersey statute 2C 29 -2 defines resisting arrest as purposely preventing or attempting to prevent a law enforcement officer from affecting a lawful arrest resistance does not require violence pulling away refusing to present hands for handcuffing or creating sustained physical tension satisfies the statutory elements each moment of noncompliance documented on body cam is independent evidence of this offense the use of force deployed by officers to complete the arrest must be evaluated under Graham versus Conner The Supreme Court's 1989 use of force standard reasonableness is not judged in hindsight it is judged from the perspective of a reasonable officer on the scene given the totality of circumstances at that moment a suspect actively resisting handcuffing striking an officer and kicking during vehicle placement presents an objective threat requiring escalating physical control measures officers force responses here fall within the Graham framework no excessive force is apparent yeah I know I am because Johnny O needs that OK go ahead let me in no I didn't because I you guys are legally there was no need for none of this Maria yes I know no need because you know you get sentenced for life for this OK watch OK please walk over there as soon as as soon as we got out here just going crazy okay for no reason because you're arresting me illegally I'm right I'm legally allowed and she slapped me okay it's two counts oh she swatted away from me okay I have a female officer see if we can get them here I'm gonna go to quick check and I'm gonna uh she did have a four packs of uh we have the cigarettes in the yeah in her uh we have a purse search it yeah I uh we weren't able to really get uh to our radios so I uh I don't know like what came over can I have my water please no I was just able to kind of just hit and said you know whatever I said yeah because you're arresting me illegally oh okay that's why you guys are pink before we continue to talk to her hang on she's advised she's on body cam yes everything yes she told me she's on body cam what body cam during the whole entire hour line I I I told you she's on body cam you need to turn to arrest me ASAP Maria you have the right to remain silent anything you say can and will be used against you in a court of law you have the right to talk to a lawyer and have him present with you while you are being questioned if you cannot afford to hire a lawyer one will be appointed to represent you before any questioning if you wish you can decide at any time and I have and I answer any questions or make any statements do you understand rights no because you're arresting me illegally and you have no proof and you need to call my lawyer Miranda warnings were administered correctly while the suspect was secured in the patrol vehicle satisfying the custodial interrogation threshold established in Miranda versus Arizona 1966 the suspect invoked her right to counsel by name requesting her attorney Miriam Guyard under the Sixth Amendment in Edwards versus Arizona once counsel is invoked all questioning must cease until an attorney is present or the suspect voluntarily reinitiates communication officers responded that she would be provided a phone at the station constitutionally correct later when asked directly about the theft the suspect invoked the Fifth Amendment privilege stating she was paying the fifth officers ceased questioning immediately this was the most legally protective decision the suspect made throughout the entire encounter the suspect argued she should receive a summons rather than a custodial arrest for shoplifting under New Jersey law officers may exercise discretion on summons for disorderly persons offenses however the aggravated assault charge under 2 c 12- 1 subsection b is a third degree crime New Jersey law provides no summons option for third degree indictable offenses custodial arrest was mandatory I'm gonna go to a quick check and um talk to you yeah um let's see if we get the video also that's gonna take some time yeah um have them print out a receipt yeah yeah yeah bring it all these up if you want yep I'm gonna take a photo you know what 9:58 means that means I have to get unarrested legally that's not that's not happened where are you from I am from here my attorney and I am the briefcase and I am dying right now because this is illegal 9:58 9:58 9:58 9:58 that's why I have change left over what do you take nothing I'm sober you guys oh really yeah oh wow you guys are not because of how you're doing it can I just explain something to you we got we received the call from quick check yeah but what you're doing is illegal it's against the law it's against your guys'laws down here and I know my rights so we received the call right for a female matching your description that stole packs of cigarettes sure as sh*t we get to the scene somebody you matching the description of the suspect is here as I approach you you start immediately walking away and I told you you're not free to leave and you swatted at me with your hand which resulted in having to put you in handcuffs and using force against you okay you didn't need to resist you said that you paid for the cigarettes if that were the case it would have been a a a case closed but now you're gonna be charged further for assaulting police officers and resisting because you're illegally holding me by my arm okay well two of us we should talk who's uh who runs the uh the show here hello oh hi hi you called yes I call so uh give me the backstory what happened OK so she comes in that's what she said cause I wasn't out there I stay in the furries she wasn't coming here and she took it out of the bin so she just walked back in here and just from where exactly from here the shelf okay okay yeah please if you don't mind she is so so she walks in and then she just she took it out and I said what are you doing and she said that's free food take it she said it's free yeah and then she just walks out with it yeah okay did she attack any of you guys or anything like that like did she like physically touch you guys or anything or no so she just walked in here went to the uh shelf and then walked right out saying it's free OK how many was it how many packs that's that one these that's four yeah so let me confirm did she pay for anything no no OK do you uh do you mind bringing these up and give me a receipt for these please um I need the um the receipt for these and then just bring them back because I'm gonna take pictures of them okay is that her so so if you don't mind just yeah a bit further back yeah just so I can get it from the very beginning okay so she's right here okay is that okay yeah let me just um I'm gonna give you a card with my email if you don't mind just um when you get a moment email it to me um it's a it's a short clip so I don't think it's gonna it's not like a you took it how many she bought this one in the morning and around 9 ish she bought that one yes she okay this one she bought in the morning to say okay I mean if she bought it then that's fine just okay so let me hold on to this and then if you these ring them up and then just bring them back I want to take a picture of it okay yeah I mean she was she became hostile from the very beginning with uh my my uh my partner and then uh alright so this is this is hers right yeah let me just take a picture of this and I'll be right back okay do you have ID with you by any chance yes I have one appreciate it thank you listen Maria I'm I'm I'm just I'm just trying to come out at a diplomatic manner alright if you start kicking I'm not going to I just know my rights OK if as long as you know your rights it's fine if you start kicking I'm not going to or doing any some anything stupid it's not I'm not because I'm legally being detained for no reason and I need some water alright we're gonna get you some water and I need you to call my attorney Miriam Guyard and so we're gonna do all that when we're finished OK just to be clear you're not being detained right now you're under arrest for what aggravated assault on law enforcement shoplifting and resisting so illegally right please no that right now no it's not illegally you can have a seat you can have a seat we're not which way no that's fine that's fine you can have a seat which way whichever way you want step over the the chain um Maria just so you know I did I did confirm these are yours okay you did pay for these in the morning okay I paid for it all no you didn't but okay and you can't sentence me to jail you have to legally buy the rights of this town sure you have to give me a ticket because that's under law to never send me to jail because you're buying everything she's negative by the way um yeah so so the assault is this thing shoplifted me I want 40 bucks two pounds of salt I want I want to review my camera cause mine was like hey and it was just like yeah she did yeah as I was going towards you but hello I'm right here and legally under Clifton and under Little Falls you cannot detain me for these charges I'm supposed to get legally ticketed okay okay why cause why are you guys overriding this so you guys are charging me illegally I mean it depends on you know but watch you can call my attorney please no because I need to know why you guys are charging me to go to jail when this is a like minimal assault okay listen to me you're gonna have a chance to call whoever you'd like you have the number I don't have it cause you I don't have a phone I don't know who your attorney is we will give you a phone and you call whatever number you want to call alright you just said they're not pretending are you dependent on alcohol or drugs no you are okay have you tried suicide before no you are okay are you thinking about killing yourself right now no you are okay are you presently taking any medication no you are do you use alcohol no you are you use any street drugs no you are you guys are trafficking illegally OK have you tried to kill yourself or not no you have you have and it's illegal do you have any serious medical or mental no but you do have you had any previous mental or emotional problem no but you do have you ever been hospitalized for any mental or emotional problem no you have are you pregnant no but you are times two are you on any special diets no but you are times three is there anything specific that we need to know about our welfare and Protection while we have you here no but you are okay are there any children or other uh other persons who solely depend on your supervision or subsistence no but you guys do times five yeah go ahead what you guys do I'm just she's coming on where you good yeah works can I have some water please I'm gonna start with the uh with the charges and everything and then uh OK but I need some water right now before you can start with the charges OK OK I'll give you your water right now thank you I mean I think that technically he would have to make himself a victim we're gonna find him OK alright then yeah because let me hold on give me a second yeah cause I'm like I don't want to you know what I'm saying I don't want to just confirm with him and let me know I mean I don't I don't you know I'm I'm and again you don't I already read your rights you don't have to talk it it's you know I'm just I'm just asking like like what you so the cashier said this morning you did buy one right so then what made you wanna go in there later on and then Yo I mean you you just so you know like you're on video so I mean what happened like why like why did you just walk in there just just take you know the box of cigarettes and just I'm gonna pay the fifth right now thank you okay Little Falls PD officers receive a B+ the initial stop was lawfully grounded in Terry probable cause was independently corroborated by the store clerk's eyewitness account on body cam Miranda was administered and honored officers correctly ceased questioning upon invocation of both the right to counsel and the Fifth Amendment post arrest evidence collection receipt photography witness interview surveillance footage request demonstrated investigative thoroughness that substantially strengthens the prosecution's case 1 deduction profanity in a verbal warning during an active body cam encounter falls below the professional communication standard expected of law enforcement on the record the suspect receives a d the original shoplifting exposure potentially a disorderly person's offense under $200 was multiplied into three separate charges including a third degree indictable crime entirely through conduct during the arrest itself not the underlying theft the sole legally protective decisions made were invoking council by name and asserting Fifth Amendment privilege both arrived far too late to prevent the accumulated exposure the central lesson this encounter documents is a principle called charge escalation through resistance disputing the legality of an arrest on the street is not a recognized legal defense it is a statement for the courtroom not the sidewalk physical resistance to a detention regardless of whether the underlying stop is later found lawful is an independent criminal offense under New Jersey statute 2C 20 nine 2 and any physical contact with a law enforcement officer during that resistance however minor triggers aggravated assault under 2 c 12 1 subsection b a felony charge that cannot be undone the correct legal remedy for an unlawful stop is always a suppression motion filed through counsel never physical resistance at the point of contact 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 and court interactions
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