maybe it's a homeless person it has to be it's like having an engine or a piece of motor it looks like a homeless person suitcase I mean it's got a glass jar with the Q tips in it she's got really good credentials she's got a master's degree from Notre Dame she took a course homelessness confronting homelessness from Notre Dame though haha a master's degree from Notre Dame a Manhattan attorney husband fifteen hundred dollars in cash hidden among glass jar this is the legal analysis of the Broward County Airport arrest of July 1st 2,022 get downstairs lady get downstairs I can't carry you no get your sh*t ah ah ah excuse me what are you gonna do what are you gonna do get your hands off me you're gonna get arrested we're just curious to see what's inside oh just a lot of clothing I guess maybe it's a homeless person there's something heavy like underneath the clothing'cause there's no way there's no way that's just clothes what could be in there well that's what I'm saying it's it's more than just clothes it has to be it's like having an engine or a piece of motor it looks like equipment yeah it or it feels like equipment yeah oh there's some it's Lisa but Lisa Michelle Marcus I think she might be a homeless person I mean she's got really good credentials five six one nine she's got like a math uh higher graduate degree she went to George Washington University she's educated she's an educated she's got a master's degree from Notre Dame it's pretty good we need to find her I'm not sure why she would leave a whole suitcase she's just leaving all her stuff I guess and then she took a course homelessness confronting homelessness from Notre Dame though haha like Jesus that's some I'm gonna look crazy American studies confronting homelessness she had a B and what the hell she it looks like a homeless person suitcase I mean it's got a glass jar with the Q tips in it I'm like who takes a glass jar so she's coming out to get her bag she's not flying she's not flying okay they had a I just spoke with the supervisor that's covering the area she said the woman's gonna come out so there were other issues so she's intoxicated I think also well if she's intoxicated she's definitely not supposed to be going anywhere so where is she flying to New York Westchester County oh yeah a**h** yo lady ah ah ah ah ah we don't speak that here what are you saying are you f*cking kidding me in the airport in public you said the N word are you serious uh uh you're yelling that sh*t here uh uh no go no you're gonna yeah you're gonna go no you're gonna take your big ass f*cking get that f*cking 83 pound suitcase excuse you that's your sh*t go get it get downstairs lady get downstairs I can't no carry it no get your sh*t go downstairs you go ah ah ah ah excuse you what are you gonna do what are you gonna do get your hand you're gonna get arrested that's what excuse you just go no no ah ah I wanna see my mother you're gonna be tomorrow no you're arrested now he told no I'm not arrested no no no no no no no no get no put your hands behind your back put your hands behind your back put your hands behind your back excuse you ah ah put your hands behind your back ah ah no stop you need to stop you're too young so you don't understand no I'm not you're acting like a freaking lunatic nobody cares right now because you're acting like a lunatic at an airport no you're you're I didn't do anything you're shouting racist derogatory terms in the middle of an airport no I just said that in the middle of an airport you're wrong you're dumb my mom is dying of cancer no 3 alpha 32 do you have a do you have a another unit come over here I need a I'm gonna need transport for a 1:05 you please just get this off all I wanna do is see my mother uh uh you're not you're not you're not when you're blasted drunk lady no but this officer told me that tomorrow I can well that was well not before you started no you're the one yelling you know what you just said N*ck y**r no you're a f*cking b*tch get yourself oh I'm a b*tch oh I'm a b*tch okay I'm a b*tch you got the wrong culture lady I'm a f*cking b*tch okay get my hands out of here and hey Dean I can't even put her in my car because guess what do you have a cannon do you have a dog yeah there's such a thing as guns in South Florida Dean what are you trying to say you have ID on you no well here I'm gonna find your I got her just tell him tell him we're at door three two three three two three I'm gonna k*ll my mother just let me go to a hotel and just come back tomorrow this is not fair cause she wants to bully up to me when I need to see my mother and my two boys that are home from college why do you get blasted drunk to see your family and your dying mother that you missed your flight and you left your bag because the bath 3 2 too heavy for me 10 9 and the benefits outweigh the risk I could not carry it and I just knew I will dump that all out so that I can see my mother you can turn my boys again and slow the units down we have her detained just tell me where did you tell me where door 3 2 three two three can you just like let me get these glasses off my head like on top no right there no on my head no it's not it's not going anywhere you're fine that's great how you treat people really great you know what she said yelling out N*ck like the N word yelling out no she brought all out loud no I only brought hands on you you need to be quiet you need to relax yourself you need to relax you need to relax get her hands off of me tell her to get her hands off of me I'm arresting you how am I supposed to do that no you're blasted drunk and you are not seeing anybody because you just missed your flight I said tomorrow he Berman told me that I'll get on a flight tomorrow to see my dying mother and my two boys in college what's your county ma'am relax relax yes since we're doing that no right there my bone from my boyfriend flies out of here since we're doing this no I am arresting her they told me that you see but it's not necessary ma'am she's she's tomorrow he told me I can just go to a hotel right now and just get rid of the alcohol stop moving stop moving stop you're not seeing anybody you know why because you're blasted drunk that's why we said tomorrow hold on you need to get up and get the bag out we either choose a time to cut the bag strap or get to the airport I don't try to do anything just relax okay just but I wanna see my mom tomorrow please I need to she's dying of cancer okay then you're not lying tomorrow he told me they were they were they were gonna report me that we could do this tomorrow and tell this little person she called you you what did you say when you called me a yeah I f*cking right yeah that's what you called me and then you said the N word as you were you yelled it out right there he was adult enough uh huh you know what caused this you're 83 lady and then get the lady hey don't put your hands on me that's bad I put my hands on you many times already let's get you in the car you know what cost this £83 she left it because she didn't want to pay for it whose car you putting her in whose car come on I want that ow stop moving that stop f*cking manhandling me the threshold question concerns the First Amendment is a racial slur shouted in public protected speech under Cohen versus California offensive speech is generally protected Snyder versus Phelps extends that Protection to hateful public speech the narrow exception comes from Chaplinsky versus New Hampshire the fighting words doctrine of 1942 it excludes speech that incites an immediate breach of the peace Gooding versus Wilson narrowed Chaplinsky substantially modern doctrine requires face to face provocation likely to produce violence a slur alone will not sustain a Florida disorderly conduct conviction Florida Statute Section 8 77.03 criminalizes breach of the peace but state versus Saunders construed this narrowly limited to fighting words and incitement to riot the supporting basis is the cumulative course of conduct not the slur Florida Statute Section 8 10.08 criminal trespass applies once the airline lawfully revoked permission to remain section 8 43.02 resisting an officer without violence is satisfied by passive noncompliance state versus Espinoza confirms refusal to comply qualifies section 7 84.03 Battery covers the unwanted physical contact with the airline agent the aggravated menacing charge is the most legally tenuous no weapon no specific threat with apparent ability likely to be reduced or dismissed at intake review turning to the Fourth Amendment and the abandoned suitcase under California versus Greenwood abandoned property carries no reasonable expectation of privacy Federal Regulation 14 Code of Federal Regulations section 1 21.5 75 separately prohibits boarding visibly intoxicated passengers use of force analysis falls under Graham versus Conner reasonableness is judged from the perspective of an officer on scene weighing severity immediate threat and active resistance the deputy's soft empty hand control is proportionate to passive resistance no strikes no impact tools no chemical agents deployed voluntary intoxication is not a defense to general intent crimes under Florida law you f*cking idiot I'm cooperating I am cooperating everything that happens over here the purse can go to the jail and the backpack yeah the purse the backpack no the purse yes but backpack no I started writing the that only take one item it's a one bag one bag yeah the last time I was there I will come I will fight with them back and forth I have four bags and they tell me you ain't taking them I had to call the lieutenant I had to call the lieutenant see when she yelled out right there yeah you wanna slap her I wanna slap her alright slow what was going on cause I heard I thought it was like an unattended bag at first and then this uh huh 83 pounds she's trying to avoid the fee so she just left it it has her transcripts from school no she no they are like fourteen hundred fifteen hundred dollars in cash right there okay I want it back my husband is a med mal attorney he's a senior partner in Midtown Manhattan and there's no way you're gonna let that go tell her not to place me under arrest I just simply want to pay to go to a hotel and sober up so that I can go see my parents tomorrow my car but yeah I don't care just put it in a car I don't care if she's screaming I don't want her out here screaming too much I just said alright sit back in the car aw aw are you crazy we're not playing that game with you actually child alright you can sit like that do what you gotta do the Constitution was present at the scene the question is who understood it now to grading the subject receives an F public intoxication battery on staff racial slur refusal to comply and resistance during cuffing academic credentials and a spouse's profession carry no legal weight the lead deputy receives a C plus probable cause was sound and force remained proportionate however the on camera comment quote I wanna slap her end quote is a professionalism failure with potential Brady disclosure implications the airline agent receives a C minus lawful denial of boarding but reciprocal profanity and proximity fell short of carrier customer service standards Broward Sheriff's Office at the department level receives a B minus competent response with a clear body cam discipline training opportunity three lessons emerge from this footage first offensive speech is not automatically criminal charge the conduct surrounding the speech not the speech itself second voluntary intoxication is never a strategic defense it does not negate general intent and aggravates jury impressions third every word spoken on a body cam is discoverable treat body cam audio as if it will be read aloud in deposition because it likely will be let us know if there is an interaction or legal topic that you would like us to discuss in the comments below 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