because he ain't even ask if what you pregnant or not she's three months pregnant you just slap her down and try to take her don't worry about it don't worry about it stop stop moving I don't want to hear that stop moving I don't want to hear that stop moving I don't give a f*ck about that I don't give a f*ck about that my wife is three months pregnant I ain't got nothing I'm not moving you need to call an ambulance bro so you're not gonna do that so you're not gonna do that so what am I here for I'm not I'm not no immediate threat to you or nothing so why I'm on the ground like this hey put your hands back put your hands back don't touch me hello no no no excuse me hey listen excuse me get back my first charge hahaha y'all so goofy on December 24th, 2024 Indian River police responded to a domestic disturbance call in Indian River County Florida under Florida Statute Section 7 81.28 domestic violence is defined as any assault battery or physical injury committed by one family or household member against another when officers witness such conduct in Progress Florida Statute Section 7 41.2901 it removes officer discretion arrest of the primary aggressor is mandatory that statutory foundation made the female subject's arrest legally sound the felony exposure however depends on what happened next stop stop stop hey put your hands behind your back put your hands behind your back don't touch me you're doing all that clown act stop it stop it stop it stop it you're doing all that put your hands behind your back put your hands excuse me excuse me hello no no no excuse me hey listen excuse me get back get back excuse me get back get back calm down get back get back get back get back get back get back get back get back I don't care get back put your hands behind your back put your hands behind your back put your hands behind your back excuse me sir I'm right here I'm unarmed I ain't got nothing get back excuse me sir get back but you just get back I'm I'm asking you a question get back I'm the one that got us you told me to get back get back get back I got no camera get back don't worry about I got no cover don't worry about it I got it all covered no because you did this I didn't you did that because I was trying to tell you this whole time you're a d*mbass stop do not touch that I'm giving I don't care stop stop okay yeah alright alright I can't stay on my stomach no we got I'm gonna give him that because he ain't even ask if what you pregnant or not she's three months pregnant you just slap her down and try to take her don't worry about it don't worry about it stop stop moving I don't want to hear that stop moving I don't want to hear that stop moving I don't give a f*ck about that I don't give a f*ck about that my wife is three months pregnant I ain't got nothing I ain't got stop I ain't got nothing stop I don't have anything but he moving around doing all that I ain't got but you ain't gonna be falling on the ground like that stop no stop stop moving stop moving stop moving I ain't gotta stop moving I'll get I'm running I'm going to jail stop stop man I ain't gonna hear that what you talking about I need to move over get off roll off your stomach ma'am stop I need to go ma'am stop stop moving sir stop I'm recording OK she can definitely get off her stomach she pregnant can I get up stop no I got sh*t on no no no no man I don't want to be taste stop moving stop moving I ain't moving what are you talking about I'm not moving you need to call an ambulance bro so you're not gonna do that so you're not gonna do that so what am I here for I'm not I'm not no immediate threat to you or nothing so why I'm on the ground like this and my hands are behind my f*cking back stop stop what are you talking about stop I'm not no stop stop but I'm not threatening you hey hey watch him watch him he's not complying he's not complying he's not doing sh*t what are you talking about I'm not no threat y'all some goofies bro don't think I'm gonna get my fat *ss right before you grab me I can't get up like that I'm not pulling you up and I'm pregnant you won't even let me get off my stomach you talking about you are weird wow wow okay come on I'm gonna help you up okay come on come on I'm gonna help you up this sh*t hurts already I got one more time why would you get up get up get up okay I'm trying to help you come on put your foot up I'm weak as bro like I got all kinds of I'm gonna help you get up my first charge y'all some p*ssy stop stop stop Florida Statute Section 7 84.07 elevates battery to a third degree felony when the victim is a law enforcement officer a push or strike against an officer during an active detention meets the statutory threshold contact with intent regardless of injury the resisting charge under Florida Statute Section 8 43.02 requires only noncompliance no violence necessary continued movement and refusal to present hands during a lawful restraint satisfies that element on its face the use of force applied here is governed by Graham versus Conner the 1989 Supreme Court decision establishing that force must be judged by the objective reasonableness standard assessed from the officer's perspective at the exact moment force was applied not with the benefit of hindsight three factors control that analysis the severity of the crime whether the subject posed an immediate threat and whether the subject was actively resisting or attempting to evade all three weighed in the officer's favor at the moment of the takedown however the calculus shifted the moment pregnancy was disclosed Florida law enforcement training standards and agency best practices call for modified restraint positioning and expedited medical response when a subject's pregnancy becomes known during an active detention continued prone restraint of a known pregnant subject without adjustment creates civil liability exposure under the 14th Amendment's substantive due process clause the right to bodily integrity and opens the door to a Section 1983 federal civil rights claim on the Taser presentation in the 11th Circuit which covers Florida Buckley versus Hadick established that deploying a Taser against a passively resisting subject can constitute excessive force the officer produced the device but did not deploy it a critical distinction presentation alone is not a constitutional violation deployment against a prone pregnant subject almost certainly would have been hey chill out in the car okay sir what's going on whoever she was helping me we over here at a Christmas party okay have you been drinking no okay are you lying to me no it's okay it's okay if you have no I haven't been drinking at all OK don't touch me don't touch me what you touching me for don't hit your head don't hit your head you're okay cause why I'm in here hold on get off of me hey hey hey hold on hold on just relax you're not it's okay what's your name what's your name girl hey what's your what's your name hey has she been drinking yes she's been drinking yes that's my best friend she's at my Christmas party OK it's your party yes OK that's her husband that's her husband yeah she ain't did nothing OK can all of you guys stay here one second yeah come here come here come here come here come here come here come here come here bro i'mma talk to you real quick okay that's your wife yes like you guys are officially married married her name my name is okay what happened to your shirt I don't know that's what I'm gonna tell you did she hit you no before okay well she just hit you right now no because I'm gonna you guys were arguing no listen I'm gonna tell you the story I wanna look for my car whoever we just got into it with whoever we just got to it stole the car so I'm walking around trying to see where the car at and she telling me you we're not from around here don't be walking around here we're not from around here and then that's when we were just walking down the street you feel what I'm saying but I'm telling her this is my sister's car like what how am I explain to her I'm on the phone with her right now how am I gonna explain to her about her car you feel what I'm saying but we weren't getting into it at first uh the lady right there called y'all cause I ran up there I was like man I don't know who these people is they just jumped me man but they don't took the car okay so you just got you're saying you just got jumped yes okay did anyone witness this yeah I was okay stop stop stop just just point they they saw it yeah I I don't know who the dude was that I got into it they jumped in the car he what does he look like I don't know but he was drunk he all he had dreads he had dreads kind of tall slim do they know him I don't think so no so this is a random guy yeah he when but listen when we were standing right here you see the house that we all went to right now when he he was walking down this way but he walked past when he came back past you feel me when he walked past again he said something to my wife my wife been drinking him my wife went was gonna go at it I got in between when he was back and I got in between ain't nobody fight or nothing only thing he did when I grabbed my wife he grabbed my shirt was like no let her come so he touched your wife too no he didn't touch her OK he didn't touch her he was like let her come let her come OK so when I turned around to face him she the one that came around and I he tried to grab her but he didn't grab her I stopped her before he grabbed her whoever the dude that jumped in the car and left I don't know where he at and this is your sister's car this is my sister's car OK where's your sister hello hello hey do me a favor OK I understand can you go over there for me please can you talk to this deputy you wanna talk to this deputy about what you saw and everything please hey this is my sister right here this is her car I understand OK so did you see anything about a male with dreads with dreads calm down no OK no OK alright can you uh be saying the he was jumped before them before the argument yes okay by a black male with dreads and stole his car okay okay he's saying that there was a witness with that do you have his information I'm about to get do you have an idea no I don't have an idea it was in the car okay but this is my sister right here to who the car belongs to I understand that okay so okay so can you break that down to me so you where did this happen where you the car was stolen it started down there in front of that apartment it's a Mustang truck I parked in front of the Mustang truck OK hold on OK can I talk to her yeah you can talk to her yeah hey I parked in front of the Mustang truck right now that's all black Mustang truck I parked in front of the truck OK when I parked in front of the truck me and my wife we were not around from around we're from Tampa OK I parked in front of the truck when I parked in front of the truck we've been out here for about about 30 45 minutes do you walk down this way when you walk down this random guy so you saw him walk up no I saw him walk up the second time OK that's when he walked up the second time he passed us then came back OK that was two times he's standing just walking what what was he wearing he was wearing oh a a a Timberland white a white long sleeve shirt with a Timberland sign on the front of it you bleed him and look like some jeans on my hand right here on my hand right here so we OK wait long this come this come from the door me trying to grab the door Taser no I didn't hit my head I saw you said Taser the point no no no no I said I got Taser pointed hello is is that come from the car me trying to grab the door on the car you see how I split okay but were you in possession of the car and he ripped you out no no no no no no no no no with the door was open the door was open the car he jumped in the car and stole it yeah and then when I tried to grab it he slammed the door boom slammed my hand and I snatched my hand back when the car was going on um so I pull up I pull up uh over here couple blocks down the house uh the family is pointing down the road at them too um they see me they keep walking away as I pull up on them she starts hitting him so I try to pull her pull her off him and detain her she then pushes me so I take her to the ground she's pregnant she's the pregnant one I didn't know she was pregnant yeah no no that's fine yeah doesn't matter yeah yeah yeah I'm just saying okay and then I get on the ground she's not giving me her hands so I push off and I I taser pointed and he then he starts being non compliant he's like kicking my flashlight around the so did he touch you no he didn't touch me no but now he's trying to claim a separate incident that his vehicle was stolen cause his shirt is torn up and he's bleeding from his knuckles okay so alright yeah so she went to the hospital so you're good to go cool the husband's detention raises a separate Fourth Amendment question Terry versus Ohio authorizes a brief investigative stop based on reasonable articulable suspicion scene control during a domestic disturbance provides initial justification for ordering bystanders back it does not however justify extended handcuffed detention of an individual who demonstrates no threatening behavior and is a documented victim when detention without probable cause extends beyond what is reasonably necessary for the immediate safety purpose it crosses into de facto arrest territory a standard requiring probable cause the officers did not have against the husband his prolonged restraint was the weakest constitutional element of this response can you put your hands behind your back please OK can I talk to you for a minute OK so what are we gonna do just let me think for a second OK my first question is hey ma'am you can get in the car please I just explained it to ma'am do not make this worse I'll explain it to you you want me to talk to you I'll talk to you put the window down I'll talk to you sitting down okay can I put my hands in the front no we can't do that for each other why I ain't I ain't doing that I'm not aggressive as I'm fat now me too so like I said just sit down I'm going in your car like let me go okay get in the car I'm going okay get in the car I'm not letting you go get in the car I'm going I'm trying to figure out what I'm going to jail for if it's gonna be my first charge Bravo you don't hear me come here come here get in the car he can't come here he can't OK alright I can wind down the window for you put your feet in for you and he's gonna be able to talk to me we'll talk to our supervisor I see that but you gotta work with me though we've been cool alright I ain't never told nobody you put your hands on me okay that's a lie he didn't I'm I'm he telling the truth it's just what he seen I'm not talking to nobody else okay we can stop this then you see what I'm saying listen but you doing all this extra stuff why why I'm being nice to brought him over here why are you doing all that cause I don't have to do this bro cause at the end of the day only thing you came down here to find out if I was pregnant or not and then you doing all this and I'm going to jail on my first charge and all the thing I was trying to tell you was some bullsh*t but everybody know she know what's going on listen listen listen listen listen yeah you talking about that as doing too much okay so what you talking about okay but what we trying to tell you just said I just put you in jail I never put you in jail I never put you in jail and then you telling people these people thinking that we weren't here together we was here the whole time you came here with me but I went in the house and then when I came back outside you say whatever your application was with the in the car that's cool you must know who this person is you laughing about the situation no it's not funny at all but I'm gonna OK but why are you sitting there talking like you don't know like you didn't know what was going on you tell me the altercation with this dude and you smiling like you know who he was I told you I didn't know I told you I was going to talk to you no yeah I'll go ahead and talk to you but okay alright you you get it yep now the grades the responding officer receives a C plus the arrest was legally grounded the Taser was not deployed and the pregnant subject was transported to hospital prior to booking each a correct decision the failure to adjust prone restraint following pregnancy disclosure and the prolonged handcuffed detention of a victim witness without clear legal basis prevent a higher rating the female subject receives a C minus her conduct created three chargeable offenses including a third degree felony carrying up to five years in state prison three months pregnant intoxicated on a public street on Christmas Eve the legal consequences of her choices that night were entirely foreseeable the husband receives a B+ he disclosed the pregnancy immediately cooperated with the investigative interview provided corroborated testimony about the prior carjacking and never physically resisted officers his release without charge was the correct and only appropriate outcome the department receives a B minus mandatory arrest executed medical clearance obtained separate incident documented the training gaps in pregnancy protocol and victim versus suspect differentiation during domestic response are areas where policy improvement would reduce future liability the legal lesson from this encounter is straightforward three obligations converge whenever a subject's pregnancy becomes known mid arrest first modify restraint positioning to the extent tactically safe prone restraint of a pregnant subject carries medical and legal risk second request medical response immediately documentation protects both the subject and the department from disputed injury claims later third reassess force level a pregnant subject who is no longer an active threat should be stabilized not escalated against failure on any of these three points converts a legally justified arrest into a civil rights exposure the department cannot easily defend 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