did you get a cup from burger 21 yes I did alright guy listen there's cameras all over the place i'mma ask you one more time did you take a cup from Burger 21 you came there you asked for water no alright alright you're about to you're gonna go to jail for three dollars and seventy five cents no yes water yes you are if you don't wanna pay we can do it the we can do it the hard way your option are you gonna pay for it sir how you doing did you get a cup from burger 21 yes I did alright guy listen there's cameras all over the place i'mma ask you one more time did you take a cup from Burger 21 you came there you asked for water no I literally just got water I'm sorry I got water and they wouldn't help OK alright so so so you got a so you carried the water in your hand at burger 21 I didn't get they didn't give me no cup I didn't take no cup either I went to the fountain you got an ID on you sir you don't how'd you get through TSA without an ID with my birth certificate I'm sorry birth certificate may I see it please Troy 1 3 6 check on it gentleman's wearing blue Adidas sweatpants some Timberlands and a black jacket has a brown curly afro manager of Burger 21 is identifying him as the person that took the cup just want to trust but verify what time did this happen right after you called us yeah about 10 minutes ago if you wanna pay for it she's willing to not press charges and make everybody's life easier 2004 she said it's three dollars and seventy five cents for the cup she gave you a water cup that's I just got a water I understand that man but you took it I don't even have $3 and change she'll get she'll get your change Jet Blue Flight 1365 to Cancun Mexico she'll get she'll get it's three dollars and seventy five cents you got a 10 she will bring you back your change for this flight please proceed to gate 8 14 okay the cup is what cost the most I asked for a bottle of water and they didn't give me no water okay Sam let me tell you how this works okay she offered you a water cup that was free she didn't offer for me OK so I asked for it and she said no so how the fuck you gonna say no for water well so first of all we're not gonna curse the rock we're gonna we're trying we're trying to work with you we shouldn't even be having this conversation right now it's three bucks three dollars alright alright you're about to you're gonna go to jail for three dollars and seventy five cents no yes water yes you are she'll give you change give her the money and she'll give you the change if you don't wanna pay we can do it the we can do it the hard way your option are you gonna pay for it sir yes or no I'll pay for it alright you can stay here she'll bring you back your change no the fuck okay listen man bring it down I'm not gonna trust you with my shit bro calm the fuck down good I said three seventy five you said three dollars I said three seventy five everything's recorded sir stand up I got give me that troll 1 2 6 show me in custody with one stay there public disturbance and you didn't pay did he give you money OK we'll put it put in his bag public disturbance all right turn around come on Turkey yeah no problem you got them out Yo I cannot breathe bro you're pulling on my shirt yeah couldn't breathe you couldn't talk why'd you do it Sammy throw 1 3 6 can you get a vehicle for the Alpha truck code stay there relax relax man relax I'm not even doing nothing Alpha truck code need a vehicle 4 6 3 control did you have to uh send the I didn't slam your head on the counter for no reason bro everything's recorded bro we're both wearing body cams all right your stuff is gonna be put into the airport police department's lost and found it's gonna be inventory when you get out you come and get it no take it with me bro no it doesn't go jail won't take it oh my god that's my shit bro that's all you won't have it they won't take it take it with me to jail they won't take it they won't take it that's what we're trying to tell you so i'mma go with no stuff well you go with your wallet ID and the cell phone if you got I don't have none of that bro we hold it for 30 days I promise you like I said the body cam's on everything's recorded we hold it for 30 days anything in his other pockets turn around this way a little bit just wait a little bit let's open the pockets here we're headed to Las Vegas what what state you live in New York still or no I live here you live here you don't have an ID here at all no driver's license no learner's permit or nothing I'm sorry you do have a suspended license in Florida troll one three six gentlemen says he has a driver's license in Florida but it is suspended he was on Spirit Airlines flight 1127 going to Las Vegas got any drugs or weapons on you if you got anything we go down to the jail it's extra charge so if you got it tell me now I just need my money and my stuff my money is important too and that jacket is the all my clothes all right it's a boy that's all I got alright what state were you born in New York New York Troy 1 3 6 put his info in the CJ I folder charges will be disturbance and resist without nothing back here come on Sammy you got any more I'll put I'll put in this pocket this is naproxen yes it's an antibiotic yeah this ain't an antibiotic no it's not I know what naproxen is this is for injuries this is not they can take this down at the jail I don't know if it's prescription he doesn't have one it's on the um he has a birth certificate that's all he had his license is suspended that's why he doesn't have an ID how does a $3 and 75 cent cup end in handcuffs two criminal charges and the words I cannot breathe this is the Florida airport arrest the department never expected anyone to review THIS WASN'T IMPROVISED LET'S EXAMINE WHAT THE LAW AUTHORIZES AND WHAT IT DOESN'T the officer receives a C plus effective de escalation undermined by force and breathing response concerns the subject receives a C minus having converted a three dollar and 75 cent dispute into two misdemeanor charges through strategic failure the agency receives a B minus for meeting procedural baselines while showing training and policy gaps three lessons emerge for officers constitutional permission to arrest is not a directive to arrest proportionality remains a professional obligation for citizens the right to remain silent is almost always more valuable than the right to argue on camera for agencies written policy on low value property offences and breathing distress protocols reduces litigation exposure and protects public trust 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 this analysis examines the constitutional statutory and tactical questions raised by a Florida airport arrest over property valued at three dollars and seventy five cents the threshold question whether custodial arrest for a sub $4 offense is lawful under the Fourth Amendment under Atwater versus city of Lagovista decided in 2001 The Supreme Court held that a warrantless arrest for even the most minor criminal offense standing alone does not violate the Fourth Amendment Florida Statute 8 12.014 classifies petit theft under $100 as a second degree misdemeanor an arrestable offense the arrest here is therefore constitutionally permitted though constitutional permission is not the same as tactical wisdom the more substantial concern involves the officer's on camera acknowledgement that the subject's head was placed on the counter during arrest under Graham versus Conner decided in 1989 force during arrest is analyzed under the Fourth Amendment's objective reasonableness standard weighing three factors the severity of the crime the immediate threat posed and whether the subject was actively resisting or attempting to flee applied here the underlying offense ranks among the lowest on the criminal spectrum the threat is minimal active resistance is the disputed factor the variable controlling any excessive force claim under Section 1983 the charges filed are public disturbance under Florida Statute 8 77.03 and resisting an officer without violence under Florida Statute 8 43.02 each presents distinct legal vulnerabilities in state versus Saunders decided in 1976 The Florida Supreme Court narrowly construed the breach of peace statute to avoid First Amendment vagueness limiting its reach to fighting words or speech inciting imminent breach of peace profanity in a terminal does not on its face satisfy this narrow construction the resisting charge turns on what constitutes active as opposed to merely verbal resistance under Florida case law the subject's statement that he could not breathe met with a skeptical reply reflects a training gap post 2020 policing standards explicitly address