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scrappa
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2026-10-22 22:53
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Go ahead and stop, ma'am. Ma'am, go ahead and stop. >> I'm going TO STAND UP. >> GO AHEAD AND STAND UP. YOU'RE UNDER YOU'RE UNDER ARREST. PUT YOUR HANDS BEHIND YOUR BACK. PUT YOUR HANDS behind your back. >> On May 24th, 2025, officers responded to a bar disturbance involving physical assault on multiple patrons and staff. The subject fled on foot at officer contact. Three legal questions follow. >> Are you the bartender? >> Yeah. >> Real quick, can I just get your information? >> No, that's good. >> Okay, so what's going on? >> Uh so, she came in. She was up here yesterday. Uh she she left on her tab, and then when we went to run it, it went through for half of the price. It was like a It's around 50 bucks. So, when she came in today, she wanted to pay the other half. >> So, she paid only She only paid half yesterday? >> She paid Well, her card got declined. So, uh it just She didn't have the money for the whole tab. >> Okay. >> It didn't go through, but she left before we could like She never tabbed out. She just left. She started She had a drink >> today, she paid? >> This is today. Paid it uh had a couple drinks. She started pissing people off, so we were trying to figure out how to get her out of here. And then, one of the regulars said something. She went to attack a regular. And that got broken up real quick, and then she went back to go get her >> And when she went to attack the the regular, what do you mean by that? What did she do? >> She She tried to lay her hands >> Yes, she tried to lay her hands on her. >> But, it got broken up real quick. I'm not sure if she got any punches in on that first one or not. We got it on camera. >> Okay. >> Like a stack of plastic cups. >> And just cuz there's a lot of information, trying to make sure the timeline is right. After that first other regular she's fighting with or whatever, you guys break it up. After that, then she's trying to leave and smacks a bunch of cups. >> She tried to go back after the regular again, and that's when I grabbed her and started walking her toward the door. And she started halfway through, she started getting shitty with me, started shoving me, and I said, "You got to go." On the way out, she smacked a stack of plastic cups and it hit this old man's glass and glass broke everywhere on this old couple. >> Okay, so she's So now it's like >> So now it's like assault because she's got broken glass flying all over people. >> Yeah, who was assaulted by? Was that >> It was a couple sitting next to us when they left. >> next to us cuz glass broke and got you. >> She was right next to me. >> Okay. Um so you but you guys witnessed it though? All that? Okay. Okay, so she and she punched you? >> She threw multiple punches. >> Yeah, she was pretty angry. >> By the time he got her out, she went full attack on him out in front. >> Yeah, and then >> Took four good swings at him and then he he went to protect himself and then they went out of my my line of sight. >> Got you. >> in the front >> And all the guys in the bar went out there to help him. >> She's a big girl. >> She's big. >> Are you wanting to file assault charges? >> Uh yes, assault and definitely uh trespassing. >> Okay. All right. Let's see if we can get her up and >> stand you up, okay? >> Get her in. All right. Thank you. >> Where we going? This one? >> Sure. >> Okay. >> This looks like a good one. >> Watch. I got her husband on the phone. >> Okay. I know. Do you want to talk to him, ma'am? >> You want to talk to your husband, Billy Joe? >> Yes, please. It's Robin. It's a Robin. I don't know. I'm in trouble. No. >> [laughter] [gasps and laughter] >> No, nothing to do with you. It's just me. Just come be with the dogs. I'm [ __ ] dying. No, please be with the dogs. They're taking me to jail. Just come be with the dogs, please. >> All right, Joe. We'll be back with you, okay? Let us [clears throat] know if you need anything. Back on. Hey Joe, can you just talk to me? I have a quick question for you. Hey Joe. Do you want me to stand him up and read him again? All right, stand up for me, hey Joe. Stand up. Come on. All right. Hey Joe, I left the fire department. Hey Joe, open your eyes. Open your eyes for me. >> On the Fourth Amendment, United States v. Watson, 1976, permits warrantless arrest in public where probable cause exists. Officers had eyewitness accounts of assault, property destruction, and observed flight, multiple independent grounds. The arrest is valid. On Miranda, the advisement was delivered while the subject was restrained on the ground, agitated, and potentially impaired. Miranda v. Arizona, 1966, requires warnings before custodial interrogation, not custody alone. No interrogation followed. No constitutional violation. However, delivery mid-struggle creates evidentiary risk. Defense counsel will challenge whether a knowing waiver was possible. Best practice, deliver after the subject is calm and secured. This was not that moment. On use of force, Graham v. Connor 1989 requires objective reasonableness. Judged from the officer's perspective, not hindsight. Three factors, crime severity, immediate threat, active resistance. All three were present. The takedown and handcuffing were proportionate. Post restraint, the 14th Amendment imposes a duty of care. Officers documented injuries, adjusted grip when pain was reported, requested medics, and issued rousing commands when the subject lost responsiveness. The deliberate indifference standard is satisfied. On charge escalation, resisting arrest is a separate offense from the underlying crime. Flight, physical struggle, and continued non-compliance during restraint establish the elements. The felony elevation suggests assault on an officer. The arrest report would confirm. >> Now you're getting the felony. Yeah, I know you don't. Well, you're getting one anyway. >> Do you want to go on the ride along? >> Yeah, I can ride. >> Okay. >> You guys all right here? Much better. >> Um oh. >> What's up? >> They got We're doing theft as well. So, assault, theft, and she's criminal trespassing. >> What's your spiel? Oh, that's all. >> All right. [laughter] Just so you guys know, our cameras will be on while we're in here. >> Yeah, we're good. >> Not sure you're married. >> I can't You And please help me. I can't breathe. Please. >> Hold your head still. I'm going to take this off and just put it with your other stuff, okay? I get fall off from the seat belt and all that. I don't want that to happen. Greg, do you want to go to the other side and help me with your seat belt for me? Is there something in the way? >> No. >> It's kind of Okay, I see. It's not super comfortable. All right. Sit there. I'm going to hand you the seat belt across off to Greg so he can buckle it in for you. We'll turn the heat up once we get going, yeah? >> Thank you. >> All right. Is that okay? All right. Give us just one a couple minutes, all right? >> The primary officer receives a B+. Valid arrest, proportionate force, commendable post-restraint welfare conduct. One deduction. Miranda mid-struggle is a procedural shortcut that creates unnecessary documentation risk in future proceedings. Secondary officers receive a B. The witness interview was methodical and legally sufficient to document probable cause across multiple charges. Transport was welfare appropriate. The subject receives a C+. The Fourth Amendment does not protect the right to resist a lawful arrest. Physical resistance turned misdemeanor exposure into felony territory. Credit given for de-escalating once restrained. Three takeaways for officers. Miranda timing affects evidentiary integrity, not just constitutional compliance. Wait for a controlled environment. Every welfare check on camera is a direct defense against deliberate indifference claims. For citizens. Comply first, challenge in court. What entered as a misdemeanor carried felony exposure by the time the vehicle door closed. The street is not the venue. The courtroom is. Let us know if there is an interaction or legal topic you would like us to cover in the comments below. Thank you for watching.
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