you said what I said how are you nothing's going on can you roll the window down sir sir roll the window down don't need no ID from me bro if you don't identify yourself if you don't identify yourself just stop don't I'll taste you right now get out of the car don't don't eat it get out you're under arrest get out of the car under arrest on February 28th officers responded to a disorderly conduct complaint at a KFC restaurant drive through the subject had been waiting approximately 40 minutes for a food order and refused to leave the lane when asked by staff what's going on what's going on you said what I said how are you nothing's going on can you roll the window down sir sir roll the window down roll the window down we don't need all this for no f*cking reason we do so what's going on ain't shit going on bro we waiting on food OK I'm not talking to you wanna call the police that's what's gonna happen what's gonna happen sir f*ck sir if you roll the window up i'mma break the window you ain't gonna break shit n*gga roll the window down so I can talk to her roll the window down you feel tough roll the window down no I'm not even talking to you bro I'm talking to her roll the window down this is my car okay well I'm not talking to you I'm talking to her look what you n*gga can you just come I I don't I don't wanna step over there by the window I would rather stand right here OK shut up bro you don't break shit damn you what you know what I wasn't speaking to you I'm trying to speak to her and get the side of the story your ass on the wall no I'm gonna get the side of the story so I'm gonna continue sitting here waiting for my food okay people have come and they told me it was gonna be 20 minutes okay I've been sitting here for 40 minutes so I decided nobody's in line I'm gonna go around here see what's going on with my food people have come and go gotten bags and bags and bags and bags but I'm still sitting here waiting stop playing on me dude okay so I pull over here by the window asking where's my food now you wanna give me some excuses about your change fires this that the other all I want is my food I paid for my food I want my food you told me to move out of line I'm not waiting another 20 minutes I'm sorry just give me my food you want a refund no I'm not leaving until I get my food nobody was behind me the whole time he was on the phone with y'all telling me to move out of the line nobody's behind me why do I need to move I just want my food ask this car over here how long they been sitting here waiting hey man point is they in there playing games and all type of shit bro give my food away this scary ass I just had the other officer going to find you know what I don't even trust them what is y'all even doing bro over some over a f*cking refund bro it's not over that it's over the fact that I what is y'all doing I'm gonna break my window yeah you keep rolling the window up when I'm trying to talk to her well when I'm trying to talk to her you keep rolling the window up because I refuse to move okay you ain't nobody was behind him his name is Daniel nobody I don't need no ID from me bro if you don't identify yourself what followed raises three distinct legal questions that courts will need to untangle in sequence first did officers have lawful authority to order the subject from his vehicle on private commercial property second did the subject's conduct meet the statutory threshold for disorderly conduct or was it merely disruptive speech third was the Taser deployment and physical extraction objectively reasonable under the standard established in Graham versus Conner if you don't identify yourself just stop damn this ain't even necessary just shut up get out of the car bro what is you doing I'm not doing nothing get out of the car get about just get out chase him bro what's up get out of the car dude dude get out of the car get out of the car get out of me bro get out come on just get out get out just walk get out of the car get out don't I'll taste you right now get out of the car don't don't eat it get out you're under arrest get out of the car under arrest for what obstructing get out get out of the car now hey bro I'm gonna record you hey 34 get out of here now hey bro watch out bro get out of the car just get out what is y'all get out hey bro get your hands up off me bro what the what are you doing bro you're under arrest yo man just get out you didn't do nothing *sshole dude bro get out of the car bro yo I'm trying to bro get up off me one go step out now no I will chase you if you don't step out just get out I hope you know this shit get reported yeah you are get out of the car bro can you just get out just get out dude get out of the car just get out bro stop you're gonna get I ain't got nothing dude leave just get out bro you're gonna get tased if you don't get out do not y'all cooperate bro OK bro get out of the car OK now get get out get out we're not letting you go get out bro officer he did it we're not letting you out get out bro we're not letting you go get yourself out in three seconds of chasing you bro I'm one get out of the bro can you stop one bro don't tell get out of the car step out get out he's okay bro step out get out of the car get out of the car bro get out get out bro get out get out get out we're not talking about it any longer get out get out of the car cause he in his feelings get out you can't arrest me this ain't no car I end up just drunk you're gonna get I'm cool with Jim Rose just get out get off of me bro I'm cool with Jim Rose bro get off of me bro y'all need to leave him alone get out of the car he wasn't doing nothing get him Taser bro can y'all taser him get out now get out of this car no the Angelo just go get out get out get out you put him in the house ah get out get out of the car bro what are y'all doing get out bro I'm finna sue y'all bro get out of the car I ain't getting shit get out yo hey get out of the car now you're touching me it's felony that's you in my but they watching you bro what are you doing get out of here I am cool with Jerome what are you doing I don't care who you're cool with bro stop touching me bro get out watch out I apologize bro damn get out of the car no bro you try to take me to jail well for what just got out get out bro I'm not even doing nothing he just open my car door for nothing get out bro get out of the car get out bro stop bro y'all harassing me get out of the car get out of this car do not do not taste him again get out of the car I've already told you get out of the car you better not taste him again put a cuff on him bro why are y'all harassing me bro can y'all please stop bro please get out of the car bro can you leave me alone please get out of the car bro no get out I told you to shut your bro can you leave me alone please bro stop get out of the car bro can you stop get out of the car bro get out of the car bro get out of the car bro get out of the car bro get out of the car bro you're harassing me bro this is harassment get out of the car get out of the car bro I ain't did shit to y'all bro get out bro bro I'm your brother bro stop if you just gave your name got out bro what the f*ck get out of the car bro can y'all stop bro you harassing me bro get out we're out of here I ain't did shit to neither one of y'all get out get out bro y'all is harassing me bro what are y'all doing bro stop get out of here bro if you get out I'll stop hurting you bro I ain't do shit get out of the car bro no I'm not going to jail I have a son bro stop I have a wife in the f*cking front bro I ain't going out of the car get out of the car bro bro what are y'all cause I ain't going to jail you are going to jail I didn't do nothing you are I didn't do nothing bro cause y'all hurting me get out of the car bro but I ain't did shit to y'all your guy over here got an attitude for no reason bro bro for what trying to take me to jail over a f*cking piece of chicken bro what are y'all doing yo get out get on the ground that's a 3 20 get him put your hand grab his hand get behind his back now come on dude but this way harder bro cause y'all are doing too much I ain't did shit to y'all bro y'all tripping hey what the f*ck it's alright bro hey make sure you get this shit cause I promise you I ain't did nothing to this bro he's open my listen if we get you in cuffs no I didn't do nothing we can get you to the ambulance to get that shit taken care of oh my god bro I didn't do shit to you what are you talking about he's talking about I'm instructing over a piece of chicken send fire I've been tased can you stop right now the authority most departments cite when ordering a subject from a vehicle is Pennsylvania versus Mims decided by the Supreme Court in 1977 Mims held that during a lawful traffic stop officers may order the driver from the vehicle as a matter of routine officer safety the critical word is traffic stop Mims was decided in the context of a public roadway vehicle stop not a private commercial parking lot federal circuit courts have not uniformly extended MEMS to private property investigative contacts this creates an immediate legal vulnerability in this case officers did possess a legitimate basis to conduct a Terry stop under Terry versus Ohio decided in 1968 a disorderly conduct complaint from a complaining business constitutes reasonable articulable suspicion sufficient to temporarily detain and investigate however Terry authorizes a brief investigative detention not an automatic order to exit a vehicle on private property the absence of a clearly stated legal basis for the exit order is the structural weakness from which every subsequent charge is derived when officers announced arrest for obstructing they triggered a legal dependency that courts will scrutinize closely obstruction statutes in virtually every US jurisdiction require the existence of a lawful order or lawful detention being obstructed if the original exit order lacked a legally sufficient basis the obstruction charge collapses because there was nothing lawful to obstruct this dependency chain is the central legal risk for the prosecution disorderly conduct must stand and the exit order must be lawful before any downstream charge holds the disorderly conduct charge stands on stronger ground but only because of what the KFC employee disclosed during the on scene witness interview the employee confirmed the subject entered the restaurant interior approached the service counter leaned over and used aggressive language she stated her heart was racing when the subject entered and that she feared he might come over the counter that testimony is legally significant disorderly conduct statutes generally require conduct that causes or is reasonably likely to cause public alarm a complaining witness articulating genuine physical fear and signing a formal complaint establishes the factual predicate for the charge critically she also acknowledged she could not confirm whether the subject made a direct verbal threat stating she did not want to provide false information that qualification matters some state disorderly conduct statutes require an overt act of threatening behavior not merely conduct causing fear whether leaning over a counter while using aggressive language constitutes an overt threatening act is a question the court will decide the Taser deployment and vehicle extraction are analyzed under Graham versus Conner decided by the Supreme Court in 1989 Graham established three factors for evaluating the reasonableness of force the severity of the crime at issue whether the subject posed an immediate threat and whether the subject was actively resisting or attempting to flee applying those factors here the alleged offense was disorderly conduct a misdemeanor level complaint not a violent felony not an armed threat the subject was seated inside a vehicle he made no threatening physical movements toward officers prior to the first Taser deployment threat his resistance was passive refusal to comply with an exit order rather than active aggression toward personnel under Graham passive resistance at the misdemeanor level does not automatically authorize intermediate force tools like a Taser most department use of force policies require progressive de escalation attempts before Taser deployment when no immediate threat to officer safety exists the footage does not reflect sustained de escalation attempts between enter the exit order and the Taser threat a gap that creates civil liability exposure no bro stay still racist ass hands on me bro get your big racist ass off me bro I ain't did shit to you bro how do you know this fight bro no the f*ck I didn't OK you mad cause I said I had to give you my name bro we trying to get a f*cking refund and you just just put your hands on me bro y'all up in here harassing me and shit what's wrong with y'all try to get my mama some chicken bro get off of me bro no you're fighting with us for 20 minutes bro you don't want to open my car door harassing me okay what are you talking about bro can you let me go I can't leave let me get the f*ck up you can really you can sit right here can you let him up please you already got him cuffed why is he still on the hey bro get up off me bro for real stop stop no racist ass stop you're a f*cking racist see you're being extra as hell relax cause you being racist okay I ain't did shit to you bro man just sit still till the ambulance gets here bro can I get up no you're you're fighting with us still even cause I ain't fighting with shit OK you just try to pull me out of my car for no reason hey you might not be fighting them but you're resisting by trying bro I haven't done nothing bro this man just harassed me what do you mean listen at this point bro for what you trying to ruin my f*cking life over a piece of chicken bro I was sitting here waiting for chicken bro no bro you're being rude bro you're doing me wrong right now bro that's all he kept saying and that man exactly bro he put bro no this guy is racist no bro I haven't done shit to him he just pulled me out my car for nothing over bro we ain't committed no crime I got you he pulled me out my car over some refund for chicken bro what do you mean already explaining what happened to the other officer why you had to butt in out of me bro that's what I'm saying he racist he can't wait to put his hands on a black man he told you my name already you talking about you trying to pull me out the car bro what's wrong with you man get your hands off me stop we're not gonna let you guys racist bro get off of me just walk what's wrong with you alright bro he already told you my name what are you talking about he got more room to sit back if you wanna sit back more bro he told you my name OK I'm not asking for your name come on put your feet up there I wasn't here when all that happened I need bro he told you my name already why did you pull me out my car listen I wasn't here I just got I'm telling you but I need you what's my name right he told you my name correct it's on camera what's wrong with you bro I ain't did shit to you bro sit in the house and read the Bible bro every day and you just pull me out of my damn car like that bro what's wrong with you what's the color for it's in the car exactly bro y'all already know my name just for your return you put your hands on me bro and that man told you my name bro bother nobody bro I sit at home and go I go I go to work and read the bible bro irritated cause my mama irritated bro and my wife just disappeared on me with my damn 2 month old kid bro and ran her ass to f*cking Milwaukee or wherever the in a minute I'm gonna have somebody come back why you put your hands on me for nothing bro I need this bro can you give me some water please we'll get that in a minute bro y'all don't believe in the Bible or something no bro he told me I'm obstructing what what did I obstruct bro this ain't no traffic stop there was no crime committed what did I obstruct let's stand up what did I obstruct bro we're not gonna argue that right now that's for the courthouse okay what did I obstruct though we're gonna step outside what you gonna hurt me again no we're just gonna step outside what you gonna turn your hands on me again bro come on come on now bro can you walk me to my car like that bro we'll let you walk but did I did I do it did I do all this when Jim Rowe tried to rape me okay get down no that bro did I do all this when Jairo tried to me though Jairo huh we're not gonna discuss no bro y'all wanna continue to put your hands on me did I go did I do some shit when Jairo tried to me bro we're not I don't know anything about that get down let's go come on man you're gonna be carried we're not gonna carry you you're a grown man no I'm I'm scared of that dude get that dude away from me bro I'm terrified of you bro you just you just hurt me for nothing bro okay D'angelo no bro come on no bro did I do all this shit when zero tried to me bro I don't know what you're talking about bro get the away from me bro get your hands off me bro alright then walk yourself he's there to help you to make sure you get down OK come on the Angelo let's go man let's go watch your head watch your head so let's go come on can you please the Angelo let's go dude I'm not even touching at this point man come on dude the Angelo put your head down the Angelo come on put your head down you're being extra as hell right now come on put your head bro did I do a whole two gym workout I don't we can do I don't know what you're talking about with that I don't know what you're talking about relax dude relax but you want to take me to jail though huh you need to relax did I tell anybody bro did I tell anybody when Jimbo try to me bro hey no bro you wrong as hell bro get your hands off me bro relax I just wanna go home bro OK you talk about get off which car are you going right over here right left OK come on man bro get off me come on bro D'angelo come on bro I got a child come on bro I got a kid come on bro come on D'angelo get off me bro you need to relax dude stop you need to relax get off me bro come on man I bet bro you brought all this on yourself no bro i'mma let the world know that man try to OK come on OK well then you do that I don't know what to tell you dude stop bro listen I am not your bro I don't do anything for you bro you just harassed me for nothing bro that man told you my name come on dude don't do this no don't do this get in the car come on take a seat have a seat there you go come on I'll help you come on bro what are y'all doing to me bro come on why are you doing this to me you're gonna go to jail for this bro you hate me I don't hate you yes you do bro I did nothing to you bro Angelo just scoot in for us come on you need to relax but did I do all this shit when Jimbo tried to me bro I don't know nothing about that none of us know anything about that okay put your feet in the car just put your feet in the car relax okay bro I got a job I got you I have a kid but I have four kids to take care of bro get out of here okay bro can you please let me go home bro not tonight you f*cked up what the f*ck you I f*cked up bro I didn't do shit to you bro yes bro you did too much Daniel I can't even get the seatbelt by not telling you my name after he told you my name already bro really bro Daniel Daniel get your legs in there come on bro just get that seatbelt yeah get the seatbelt is it I I got the thing just give me the clip you'll be out you'll just be out bro what the f*ck bro I gotta go to work bro dude come on we gotta close the door did I get this shit when Jill was trying to rape me bro get your ass in here get your ass in here were you guys able to get an address the assault on an officer charge depends on what the applicable state statute defines as its actus Reus the required physical act some states define assault broadly any intentional physical contact with an officer during the performance of official duties under that definition the subject bracing against the car door frame and physically resisting extraction may satisfy the statutory elements other states require an intentional act intended to harm in which case reflexive resistance to a forced extraction may not qualify this charge is the most fact specific and jurisdiction dependent of the four and the most likely to face challenge at the charging or trial stage regarding the stop and identify issue the subject provided his first name verbally and argued this was sufficient under Hibble versus 6th Judicial District Court decided in 2004 the Supreme Court held that states may constitutionally require individuals to identify themselves during a Terry stop however the underlying Terry stop must itself be lawful if detention lacked proper legal basis compelled identification is constitutionally infirm additionally Hibel did not specify the format of required identification state stop and identify statutes vary some require name only others require name and address whether the subject's verbal first name disclosure satisfied the applicable state statute is a fact specific determination and potentially a defense argument the subject made repeated racial bias allegations throughout the encounter these statements are not legally determinant of the charges at issue however selective enforcement claims under the Equal Protection Clause of the 14th Amendment are cognizable in civil litigation under 42 United States Code section 1983 a section 1983 claim requires showing that officers acted with discriminatory intent and that the discriminatory enforcement was not justified by a legitimate law enforcement objective the body cam footage alone does not establish discriminatory intent but the subject's stated belief combined with the civil discovery process could surface additional evidence if a lawsuit is filed for him we couldn't even get his name we've been fighting with him for 20 minutes give him his name but he only told him his first name we need his birthday and all that stuff for what he what OK ma'am I'm not gonna sit here and this was because he went in the store and acted like a fool he was jumping on the counter yes he did ask the guy I did and he's got it all on video your son went in there acting a fool he did not act a fool all he did was talk okay all he did was talk he was in there acting fool you know he was okay I'm not gonna do that because I couldn't see him okay he was in there jumping over the counter calling them all kinds of names he jumped over the counter he was trying to calling them all kinds you're gonna tell me that's okay you're gonna tell me that's okay the way your son was acting in the restaurant just tell me otherwise one of the employees one of your one of your one of the employees just signed a complaint against your son wrote a statement oh yeah I'm sure for what the way he was acting you mean the manager who called you people to begin with OK because I wouldn't leave the drive through for my order the way your son acted tonight was unacceptable ma'am I understand that but all he was doing was talking it was beyond that he was not doing anything but talking do you have a phone number for your son's wife he wants his wife's phone number uh I don't know can you can you tell me what exactly happened with that guy inside here um so I know you said he was yelling and stuff yeah so I was on the phone with with the with dispatch at the moment um but all he was telling me was he was leaning over saying you don't have to call the the cops and then calling me like goofy white boy and then they calling me like goofy and calling me like a coward and then calling me stuff like that and he said we want our refund I said you do okay did you pay with a card or did you pay with cash and he said she paid with a card I said okay so I opened it when I said ma'am you want a refund she said I didn't say anything about a refund I I said okay and that's that's basically what happened okay basically leaning over yelling at me did did he make any threats of harm towards you other people may have heard it but I it sounded like he said like something but I I couldn't quite hear no exactly okay I don't wanna give false information he did I was scared but I don't know if that necessarily meant he was making threats were you were you fearful that he was gonna come over the counter like yeah attack you yeah yeah or do you wanna sign a complaint for disorderly conduct against him sure she was refusing to get out of the line which we still had like you know 20 minutes or something cause we had so many orders right and so um but he got out of the vehicle and at that moment my heart fluttered cause they knew he was coming in and then when he came in I just kind of stood off to the side he was like hey you hey you and I was just like trying to just stay on the phone with dispatch perfect but I did feel like I just feel like if I went over there in any way that he you know I could've got violent yeah OK hey bro why the f*ck you snatch me on my car bro hey bro we gotta walk through here OK you just put your hands on bro we're not gonna discuss this right now hey bro they've been outside telling people y'all the f*cking devil I heard you that god hate the white man and I've been taking up for y'all bro I appreciate that snatch me out my car come on we gotta walk put your f*cking hands on me man we gotta walk what's wrong with y'all bro come on let's get this over with what's wrong with you bro you know who you just put your f*cking hands on man what the bible say do you read it Daniel I don't f*cking think so fix my shit man you got me here looking like a f*cking junkie and shit bro relax ngga they've been telling people that god hate the white man okay and I've been taking up for y'all ass I need you to follow these guys'orders they outside telling people god hate the white man and I've been taking up for your motherf*cking ass and you put your f*cking hands on me man yeah I hey bro hey don't Israelites outside telling people that god hate the white man and I've been taking up for y'all bro and you snatched me out my motherf*cking car and put your hands on me bro and I've been taking up for y'all ass bro and you snatch me out my motherf*cking car and harass me bro for no reason over a motherf*cking piece of chicken man let's talk to these guys focus over here bro I've been taking up for y'all ass for the last 6 months why they outside telling people that god hate the white man what's wrong with y'all put y'all f*cking hands on me man the primary officer receives a C plus the initial response to a disorderly conduct call was appropriate and the decision to gather both parties accounts before escalating reflects sound investigative instinct post Taser medical protocol was correctly followed officers called for fire and EMS immediately after deployment however the failure to clearly articulate the legal basis for detention before escalating to physical enforcement is a fundamental procedural deficiency when a subject asks for what directly and repeatedly officers are not required to conduct a legal seminar on the street but a brief clear statement of detention basis is both constitutionally sound practice and a de escalation tool that was not utilized here additionally the Taser deployment timeline absent sustained verbal de escalation on a non threatening seated subject represents a tactical and potential legal shortcoming the subject receives a C minus the underlying grievance was legitimate 40 minutes waiting for a food order with other customers served ahead of him is a reasonable basis for frustration entering the restaurant approaching the counter and engaging in conduct that caused an employee genuine fear however crossed the legal line from protected expression into conduct that generated a valid criminal complaint the subject demonstrated awareness of certain legal concepts invoking his right to record questioning the obstruction charge by name noting his name had already been provided verbally but physical resistance during vehicle extraction regardless of how contested the underlying detention may be transformed a potentially defensible legal challenge into a four count arrest the established legal framework is clear the remedy for an unlawful detention is compliance in the moment and challenge in court not physical resistance at the scene three lessons emerge from this encounter that apply broadly to both law enforcement and civilians in contested contact situations first for officers articulating a clear detention basis early is not a courtesy it is a constitutional requirement under Terry and it is the single most effective de escalation tool available before force becomes an option second for civilians the courthouse not the scene is the correct venue to challenge a disputed detention physical resistance forfeits legal high ground and generates independent charges that are far harder to defend third for both parties the legal outcome of this case will be determined entirely on paper by statute case law and witness testimony not by who was louder or more insistent at the drive through window 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