obviously there was a physical fight between the two of you I'm trying to figure out exactly what was going on it's not physical it was 100% physical she's got a video it's not a fight bro she's got a video that's this is not a fight you see how you see how calm it was calm look at it watch it just watch it there was no elbow or fist thrown when he's pushing you to get you away from him and you continue to go after him then you're the aggressor and he has a right to defend himself what the f*ck can I do my hands are behind my back you're locking me up for defending myself against a fool you ready to listen this analysis sets aside the play by play and focuses on a single question did the law support what the officers did every street level decision in this encounter rests on a distinct legal standard and each deserves separate scrutiny shut your mouth like I said I've been there relax go over there now sit down what's going on that's the man you gotta talk to you need to talk to me this is who we're gonna talk to well alright well the man was obviously acting a little out there obviously I wasn't here so I don't know yeah so why don't you tell me what's going on I'm still just trying to find my baggage why don't you tell me what's going on and then after we got off the ground'cause like you know we don't really need to be doing this right here control 1 3 1 I'm 10 2 5 you can slow anybody down and the motherf*cker still talking sh**t this is like dude stop talking sh**t just tell me what the issue is that's what I'm saying the issue is obviously two males button heads okay that's the issue did you get physical at any point no did he put his hands on you did you put your hands on him ah sh**t and that's where it gets all f*cked up do you wanna go through the cameras oh we will yeah we'll go through the cameras then you tell me what happened but I'm trying to get what's your you know give you an opportunity to tell me what happened you gotta hold me you just hold me where's the other half mate it really is no big deal well it is because we were called that you guys got into a fight so that's what we're here for and since you won't say yes or no that it got physical or not I'm gonna assume it's not physical OK so why can't you there's no physical do you have your driver's license with you yeah control 1 3 1 copy of Florida deal it was all rest were you in the hall with him yes what happened so I was sitting here waiting for this guy so he came up next to me I was talking on the phone he goes boom like he scares me so I look at him and he comes back he's like I like you so he comes up I'm like can you stay away stay away so I've had a long day I've been up since five I'm tired so he comes here and he starts slamming his chest into me okay like going like that so I push him away get the f*ck away and he's like I like you so come closer I'm not gonna lie it's not like I swung at him I like tapped his face cause if I wanted to swing I would have hurt him but I don't want to I can tell he's drunk I work in a restaurant I can tell when people are drunk he came up to me and he's like Boo I like you sh**t like that so I swung I didn't do anything he was on the floor and I like I'm like stay away from me OK so he came up and he start following me then look he puts me in sh**t and you know I'm like you know what I go down on the floor with and I'm waiting for him I let him f*cking cuff me and choke me waiting for him to see what he does and I even told the guy let the police come call security there was a guy holding my glasses and my phone I'm like call security call the police I don't want to deal with it okay I'm just here to pick my friend up from the airport I'm tired I got a shift at 6:00am like I'm trying to go home and get some like sleep so he but he chest bumped you to start all this no he first he came and scared me OK and then he's like I like you no but the physical yes he came up to me first I didn't go and touch him chest bump yeah he you can look at this do you have your ID in you yes I do sir I don't wanna take it to court and stuff like that but control 21 can you copy a flight number control 21 like look I'm f*cking bleed no I got it do you need medical no I'm good I've got money and there's ID OK how much you had to drink tonight two shots Jack on the plane yeah where's the plane coming from she came from Chicago is that what you're from here though where you live at I'm from here where do you live so what started the argument to be honest I'm not for sure really not sure why that guy was in my life but then all of a sudden a guy getting on her and he's like well f*ck is it over a bag or where you guys go there and let my lawyer take it from there well that doesn't make sense bro yeah well that's just the way it goes for a for a verbal argument that's the way it goes that's the way it goes you see how it goes the guys like take this guy to jail you know you see how you deal with it you guys deal with this sh**t all the time anyway sure deal with drunk people all the time it's just like f*ck yeah apparently you can't control your alcohol volume very well so that's probably part of the issue well I guess uh this is what it is that's it you see I got a video the guys like this guy to jail you see how you do he was harassing him all the time he started it and the other guy he's just like f*ck apparently you can't control yourself so here's them starting that's probably part of the issue both places for about several minutes I'm very so who did you see the whole thing then so they started over there they just both argue with each other or he started stirring the sh**t uh huh and then dude tried to get him away from him oh you kept pushing on my seat yeah and he kept antagonizing and that's when everything kind of took off all right thanks a lot Billy here didn't get physical huh so you're a liar too aren't you I just seen him arguing I figured I'd start recording there's kind where's your get out what flight did you come in on it's not even a fight that's what flight did you come in on oh it's from Chicago which one American and Southwest Southwest yep so what are you doing over here I'm trying to find my luggage and also you're not even close call on my sister at the same time I'm just trying to walk let me have your backpack take your backpack off for a little bit thanks turn around real quick put your hands behind your back you're not under arrest for anything at this time but I'm detaining you okay oh my god I'm loose no you're not loose you're tight no that's not that's my body I am loose man alright let's go right over here just take him somewhere set him down real quick cause he's drunk jerk I don't want to fall down so he's you flew in Southwest Bro you didn't even make the right side the red side is where southwest is you're on the blue side but I've trained with some of the best alright have a have a seat I don't want you to fall down that's the only reason I'm not gonna alright alright alright obviously there was a physical fight between the two of you I'm trying to figure out exactly what was going on it's not physical it was 100% physical she's got a video it's not a fight bro she's got a video that's this is not a fight you see how you see how calm it was calm look at it watch it just watch it there was no elbow or fist thrown really yeah there wasn't any other he don't want to do nothing no because he's drunk they're both drunk no here's the deal the video the video I don't like it kind of starts but I'm just the witness the witness her yes one three one 15 we're gonna need a statement from her let's see if she can send you that video she says he's talking sh**t the whole time which I get that yeah the other dude's pushing him away he keeps coming after him other dude kind of like I don't know it's me but it's very mutual okay but then this dude the big dude takes him down and starts punching him in the face oh cause he's claiming he got choked go watch the video and you tell me what you think so as far as right now like well he doesn't wanna press that's why he doesn't wanna press charges yeah go check that video and tell me what you think cause I don't know he's drunk talking sh**t but the other dudes like pushing him away the entire time he's kind of walking like he keeps he keeps going yeah yeah but it's not like he's up in his face it's like off to the side and he's like this and then he's trying to go away and then you'll see it's on his elbow elbow yeah and marks on his neck but I think that's when they went down to the carpet he never had him on his neck he never had his neck I didn't I don't remember seeing that I know he had him around the neck and was f*cking raining down punches on it so check her video real quick and and see what we think before we go any further because who did you fly in with anybody just myself all right and where do you live at what city well you're from Chicago from here you're from here yes okay alright I was working up in North Carolina okay with a boss of mine OK he gave me right up to Norfolk and I caught the flight out here I had a couple drinks along the way it's fine nothing wrong with that and um I got here and I don't know what this guy wanted to tangle with but as you can see the video I'm on the bottom I saw it I'm on the bottom that's what I'm trying to figure out right now but I know you were talking I figured sh**t out on the bottom hold on hold on cause I know you were talking sh**t I know that and you know that what is that matter and well when he's pushing you to get you away from him and you continue to go after him then you're the aggressor and he has a right to defend himself begin with the seizure an officer announced a detention not an arrest that distinction is constitutional not semantic under Terry versus Ohio decided in 1968 an officer may briefly detain a person on reasonable articulable suspicion that a crime has occurred a reported altercation an impaired individual and corroborating witnesses clear that threshold with room to spare the reasonableness of the stop is assessed at its inception based on the facts known to the officer at that moment handcuffs applied during a lawful detention do not automatically convert it into an arrest so long as the restraint is reasonable for officer safety a detention must also stay limited in scope and duration lasting only as long as needed to confirm or dispel the suspicion that justified it the charge itself is governed by Florida Statute Section 8 56.011 disorderly Intoxication the statute reaches two separate theories 1 intoxication that endangers another person or property 2 intoxication in a public place that causes a public disturbance Florida law is precise about intoxication and admission of drinking is not enough the state must prove the person was so affected by alcohol that he lost normal control of his body or his mental faculties that is why demeanor balance and speech matter more than any single confession of having had a drink the subject's many unsolicited statements raise a Fifth Amendment question that often confuses viewers Miranda versus Arizona from 1966 applies only to custodial interrogation during an investigative detention that has not ripened into custody officers need not advise rights and spontaneous statements remain fully admissible a person who volunteers admissions cannot later complain that no warning was given this is not a loophole the privilege against self incrimination guards against compelled statements not voluntary ones there's no time that there was any need to be if you're all we're taking to court write me up I didn't see throw me in jail no your word I'm gonna charge you oh you're gonna charge me yeah with what you just said write me up with what you said no I will sit in jail for what you said listen if you don't calm down now you're gonna go for something else other than the fight either way it doesn't matter I got cameras you're written it up you're gonna write it up with him you're on camera right now yeah but you're gonna you're gonna defend that buddy I have a video that has no sense I have a video pal yeah it doesn't matter I know I have a video and I didn't you say a video and I'm defending myself on a video about you I'm saying you have a video stop talking not your turn did I say you're under arrest right now no no I didn't so why are you trying to escalate it to get to that point because I wanna go home well you ain't going home right now we're trying to figure this out you know better yeah I do cause it seems like this ain't your first Rodeo and it's stupid it is stupid so why are you doing it in a public place cause I'm f*cking cause you've been drinking cause he grabbed me okay well and I just want to put him in his place look at the video well the guy shouldn't have f*cking grabbed me okay but did you end up putting him in his place not actually I didn't cause he's still f*cking well we're looking at video we'll see what's going on what's up bro are you OK I'm just like do you need paramedics or anything no no sure no I if they can put something on my I don't don't call 9 1 1 or anything if you guys have we have on site paramedics that are right up the street so they can be here in 5 10 minutes it's just no I just wanna go like get a band aid okay um I'm I'm fine I'll go wash it I'm I'm okay I can tell he's drunk like I'm gonna be honest with you I pushed him away from me yeah because I own a restaurant and I know how people get when they're drunk like he came up to me for no reason blowing me kisses and telling me I love you and sh**t like that right and scaring me like and pushing me so I'm like you know what stay the f*ck away so when I pushed him he fell to the floor and I went with them on the floor I could have easily taken it too far like I fought before I used to fight boxing and anime like I know my ways around not to show off or anything but then I got up and I walked away there was people watching so then he came and grabbed me by the neck what am I gonna do I could have easily fall off I'm like you know what and I let myself go I saw on the floor right so we both fell on the floor and that's when he start choking me so I grab my hand and I let it go fam I'm like I just let him go then he starts smacking me on the face I'm letting it go like I don't wanna like I could have easily continued on punching him and did some sh**t but I didn't want to yeah but it is what it is I'm not gonna press charges you know I don't wanna go to court I don't have time for it my dad's away I'm running the whole restaurant by myself I'm 20 I'm young are you from here yes I'm from here yeah I live even closer I live I'm really sorry that that yeah no so how long and when I walked up how long it's been like so you saw how he was coming back to me yeah so I've been like trying to get away from him for the past five minutes I could tell he was the aggressor from the beginning yeah as soon as I that's why I talked to him before I talked to you and you know we've been friends since we were young I told him stay the f*ck away I don't wanna do anything with him right like and he kept going up to me and he like leave me alone yeah I'm begging him to leave me alone so how did it did it start here in baggage yes it did it start right there over the trash can I was on the phone with our friend yeah cause our friend is at my house yeah and I'm like and he comes up to me he goes like boom look at I just look at him like that he's like look at him like that as he's walking he's like I love you oh I like you I'm sorry I'm sorry he says I like you like are you okay so you just randomly started yeah yeah randomly like I don't know I think he was sitting with I think his wife or somebody that he knows was sitting here okay and he came from being or even I don't know if he was harassing a woman yeah cause that woman was talking to that guy over there and she left okay so I don't know if she's with him but then he came up to me okay so maybe he thinks he got it for you oh if it comes with a bigger you have a bigger house so you can show I don't see a show thank you all Charlie yeah he said the little guy choked him yeah but you see that he's never he never right this is the tall guy but he he this guy threw a couple punches but honestly he almost had to to get this guy to slow down you know the the small guy double like this guy took around that this guy kept pushing away that was the most of it to me that's a speech of prayer that's just bad from the rest from the moment they got down so right now he got he got picked up put on the ground but they were both kind of I don't know what what what LED up to it the little guy came up to him and started saying you know he blew him a kiss he said I like you a lot and then he just kept antagonize just following him around and kept bothering him is that why he pushed him back he said I was just trying to distance myself from him that's why I pushed him I know how drunk people are and I could tell he was drunk and so his actions were more he's not weird yes yeah he doesn't want to process this this guy wanted to actually pick him up and put him on the ground this guy did this guy pick him up put him on the ground try double up usually you watch out as if you're right no I did I'm trying to pull up my email to make sure I grab you man list pretty much right here is where it looks like yeah they call it kind of stop right there in the trash can so and he didn't never didn't fly with the guy didn't never see the guy nothing no he's here to pick up a friend he's he didn't even fly that's why it's in this guy he's looking for he flew on southwest stop I'm sorry I mean you if you wanna step outside and that's the smoke area right or just past that pillar there's you can smoke there if you guys need it's just gonna be a few minutes alright did she did she have a video about yeah she did there's cameras everywhere too that's so it's all from here he said he will huh no cause yeah I need this I need the front part he said he will but he doesn't have to so whatever he's gonna OK what's up nothing OK he's got the paperwork he's gonna have if if you still wanna fill it out great if not no biggie OK um I don't know if you have something to write on or we can I can take you over to the desk yeah let's just go over there okay I'll help I'll help you with your stuff okay I'll be right back with you okay and I'm probably not good enough just I'm I'm just telling you your words I would assure you the deputies you're already f*cking being an *sshole the most consequential analysis concerns who was entitled to use force Florida Statute Section 7 76.012 permits non deadly force to the extent reasonably believed necessary to meet an imminent unlawful attack section 7 76.041 supplies the limit a person who initially provokes a confrontation generally forfeits the justification of self defense that forfeiture is not permanent the aggressor may regain the right if he withdraws in good faith and clearly communicates it yet the other party persists this is precisely why officers must weigh the entire sequence rather than the final blow the law turns on who provoked who withdrew and whether the response stayed proportional even a justified defender can cross the line force that exceeds what the threat required can itself become a battery under Florida Statute Section 7 84.03 a word on speech profanity and insults directed at officers are generally protected and cannot standing alone support an arrest a charge anchored in intoxication and a public disturbance survives that scrutiny a charge anchored in offensive words would not use of force here is measured against Graham versus Conner from 1989 reasonableness is judged from the perspective of a reasonable officer on the scene not in hindsight seating an unsteady subject and applying handcuffs sits at the lowest end of the force continuum and is comfortably reasonable probable cause for the misdemeanor flows from the combination of public intoxication and an observable disturbance each independently within the statute's reach charging discretion also explains the asymmetry officers may lawfully arrest one party while declining to charge another whose conduct the evidence justifies I'm not hey listen we're not bullsh**t I'm not yeah you are *ssholes come on let's go sit down let's go sit let's go sit down there's a big guy Justin Justin let's go sit down sit let's go sit Justin sit sit Billy let's go alright you know what don't worry we're going to send him over send him over send him over let me lock him let me lock these up OK why are you wrestling me now cause we're not ready for you to go yet Justin and you're not listening to us is this your sister calling right now yes everything I look look the reason yes I have a lot of f*cking money in my pocket Justin look at me eyes calm down okay it's not gonna do you no good you're not gonna win this fight at this point it doesn't matter about winning listen to me it's about surviving it's not not about surviving you're a man made f*cking law dictator look you're a man made law dictator this you're a man made law dictator let me know when you're ready to listen what the f*ck the difference we had you understand that let me let me understand me it doesn't matter if that's my phone or my bag if you want to be kind to it then that's on your behalf what the f*ck can I do my hands are behind my back you're locking me up for defending myself against a fool you ready to listen hey look this has got to stay Justin so I'm asking you what you would like to go to booking with you just throw it away I'm not gonna do that but come on throw it the f*ck away yeah you're a you don't understand my life alcohol tough guy man I'm sure what dude I am a badass no you're not I'll flop you on your head if we're on a mat if we're on a mat in the gym I'll flop you that guy just flopped you he just flopped you I was a nice guy and it wasn't a flop you weren't a nice guy he flopped you down and he was punching you in the face then why isn't he locked up if he's punching me because you started it and he already defended himself come here where you want him over here Tony you say he was punching me oh this should be good for this should be good he was punching me in my face good thing you're not going to jail for battery then is it so you said he was punching why would I get a battery charge if he was punching me in my face if he slapped me on my face and punching me why am I going to jail I'm glad I got this part of your problem is you don't know when to shut up I'm glad it's recorded it is 100% you think I give a f*ck I'm not a bad guy you're not a bad guy nobody said you're a bad guy this is where you make dumb decisions that's it that's true that's true right yeah stand up again yeah that's fine this is 30 five hundred I don't think I know f*cking sh**t man Justin chill out thanks a lot hey small motherf*cker but I'm f*cking still you're I know you do hey nobody says you're not a badass listen listen when you get to booking mind your p's and Q's cause you're gonna put look have you ever been to gym yeah have you ever been in the chair no don't get yourself in the chair okay it's uncomfortable it doesn't feel good I'll leave you there for a couple hours huh so just when you get there mind your peas and cues see first appearance for the judge and you'll be out okay all you got charged with so I got it all you hey look at me all you're getting charged with is disorderly intoxication it's a misdemeanor don't make it worse disorderly intoxication it's being drunk in a public place and causing a disturbance it's a misdemeanor okay yeah but it's my name in them data base Justin it's nothing why don't I get it for f*cking killing somebody no let's not talk about that alright hey good luck OK I appreciate you trying you are a nice boy lady listen we all make mistakes and all you did was drink a little too much that's it OK you're good how much money from there again 30 535 0 1 thank you yes sir on the law the grades follow the officers earn a B minus evidence based investigation and minimal force undercut by an uneven occasionally mocking tone the arrested subject earns a d plus provocation while intoxicated compounded by self incrimination and needless escalation the defending party earns a B a lawful response to provocation with a genuine question of proportionality the department earns a B sound procedure overall with a clear training opportunity around demeanor and charging language three lessons stand out first a detention is not an arrest and the label carries real legal weight second silence protects voluntary statements during a stop can become the strongest evidence against the speaker third the first person to throw a punch is not always the aggressor in the eyes of the law provocation withdrawal and proportionality decide that question 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