you guys aren't listening to the flight crew that's why we got called you guys reek of alcohol I'm not taking the liability of y'all being intoxicated 30,000 feet in the air uh I'm on this uh I'm intoxicated on August 11th, 2023 Dallas Fort Worth Airport police responded to a disorderly passenger complaint aboard a commercial aircraft the flight crew reported observable signs of intoxication red eyes slurred speech and the odor of alcohol and requested the passenger be removed from the aircraft hello folks hey how you doing sorry to bother you three F&B I asked them nicely to step off they said they want someone with authority they smell of it they're super red they're already just foggy and slurring their speech and the crew none of the crew wants them on board so we're not allowed to go on the plane if they don't listen to y'all and everyone's gotta get plane if they still don't get off then that's where we go if they don't recognize y'all as authority then everyone's got over it they wanted me to go back there I was like why would I do that everyone has to they probably listen to you more than they listen to me that's where they see to it the rest of my face to assault somebody with a little bit of hands or policy but the problem is it's getting to that point because they told them to basically to get off and they won't listen but yes so we'll start deporting the plane and if they still remain in their seat then we'll remove them with all the police he's demanding the pilot and I don't even think that if we decline everyone they won't step off either way we'll go on after we have to decline everybody off under 49 United States Code Section 44 9 0 2 an air carrier holds federal authority to refuse transport to any passenger deemed inimical to safety that authority rests with the pilot in command once the crew made their determination law enforcement's role shifted from advisory to enforcement take everybody off yeah we can't go on unless unless it's uh empty your phone oh really yeah yeah I can't believe people filming that that's just p*rn that's just p*rn that's just p*rn did y'all detach from the jet bridge when they come back or did y'all even I mean I I would like to have a conversation with somebody about what this is because this your stuff ma'am this all yours well I mean it's some simple question is this your stuff uh it's some of my stuff yes sir it is some of my stuff that I have absolutely no idea OK oh my god what's going on I have no idea what's going on here what do we do what are we doing hey why are they taking so much time OK let's let's get your stuff and we'll go up to the lobby you don't have to yes we'll go grab your bag yeah I got another bag I got another bag yeah we have so we have them y'all go I want y'all to go get it y'all have to go get it I want y'all to go to the front of the plane we're not going you're not gonna demand us to do anything I can't demand you to do anything but listen back if y'all walk in if y'all walk on the plane if y'all walk on the plane you won't I saw that right quickly that y'all wouldn't do that because y'all have no right to get on the plane because the pilot has all the authority the pilot did have the authority that aircraft right there okay the pilot has the authority that aircraft I got off I got off the plane on my own accord you understand what I'm telling you okay I'll tell you what way to turn around you're being placed under arrest for public intoxication you're being placed under arrest for public intoxication oh my god how about how about there's nobody here you're gonna die no y'all need to help this is no no I'm sick this is crazy no this this man we are all West Texas we are all Texas we are Texas here any kind of threat to you at all I have no idea and y'all need to get off the plane yeah watch it y'all need to know which bag is mine no one's asked which bag is mine no one has said nothing about my bag y'all get me up y'all didn't get off the plane at all can can I make sure we have his bag take my picture take my picture no no take my picture take my picture where these guys no we're gonna take a picture we're gonna take a we're gonna take a picture we're taking a picture yeah we're gonna take a picture we take a picture my last stuff all of my bags I want you to take my picture yeah yes I won't say yes I won't say yes I won't say yes until she takes my picture until she takes my picture until we take my picture this is yes you start taking the pictures make for the first we're gonna have the mail in custody right now take it all you want I don't care less you take it wherever you want it'll go and it'll go oh my gosh yeah listen listen listen listen listen listen we are not listen take my picture stop stop acting like you're taking my picture stop acting like you're taking my picture terrorist or something take my picture we are taking a picture take my picture now take a picture take my picture are you are you kidding me are you kidding me you're gonna get a resisting arrest charge are you kidding me stand up stand up stand up you have not arrested you are under arrest if you arrest me arrest me first you are under arrest for public intoxication I'm not intoxicated stand up I'm not I have not drink stand up I don't drink you got one more chance to stand up let my wife take my picture yes one more chance stand up are you gonna stand up are you gonna let my wife take my picture yes or no stand up yes or no are you gonna let my wife take my picture walk up to Jeffrey you're gonna catch a charge you are under arrest you haven't arrested me yet you didn't charge for what arresting arrest you haven't arrested me you have not arrested me you haven't arrested me yet ma'am no no no no you don't get to tell me what to do actually ma'am we do you need to get your belongings grab your stuff and get off the jet bridge let's go grab your stuff and let's start walking up the jet bridge ah 3 twenty nine 3:29 oh I'm I'm sorry but I am 85 pounds and I this is 105 pounds so you can either help me this is not 105 pounds man oh help let's start walking weigh me let's start walking come on are you kidding me this is not the that wheelchair right there hold on no I'm good I'm good I'm good I'm good you should be should have take care of my girlfriend I mean by the 25 eventually so I could deal with the female that's it you wanna hang out with him yeah I got it you really have no idea what's going on what happened on the plane today I I mean we've been on several different plates today I mean you think that something how much have you had to drink three glasses of wine baby how much have you had am I responsible for him we're asking you I'm asking you a question right now uh I'm I weigh 100 pounds that's not what I asked how much have you had to drink today probably four glasses of wine over the course of I'm not sure yeah come here let's let's talk come over here what happened on the plane today I think we have been on several different planes today I mean you think that something that he did he was not aggressive to anyone on the plane today like look at this I mean this guy is like how much do you have to drink today how much have you had to drink three glasses of wine maybe how much have you had to drink I'm asking you a question right now uh I'm I weigh 100 pounds that's not what I asked how much have you had to drink today probably four glasses of wine over the course of I'm not sure yeah you know where you're at right now yeah where you at I'm at Dallas right now where you trying to fly to traveling is that home yes I I know exactly where I'm going where did you consume the alcohol at I guess the most and and you have to have your effort I mean at what restaurant Fight Club was it the Fight Club yeah I mean the Animal's Club two glasses yeah i i mean where's your id i have his i i have his id where's both of y'all's ids yes i'm here listen we are not look there's his ID we I mean we are not we are not they're going on a no fly list fly list not ripple one more minute yep so alright holy sh*t you gonna stick around what oh wait do you have a driver's license that all you have no of course i have a driver's license but i but at the moment i'm a little bit flustered sorry this boy being pulled off of uh well this is due to y'all's actions my actions both of your actions you guys aren't listening to the flight crew that's why we got called you guys reek of alcohol I'm not taking the liability of y'all being intoxicated 30,000 feet in the air causing issues up there that's why we get called yeah the central legal question is whether the officer had probable cause to arrest for public intoxication under Texas Penal Code Section 49.02 that statute requires two elements the subject must appear in a public place while intoxicated to a degree that may endanger themselves or another person a jet bridge qualifies as a public place the crew's contemporaneous report combined with the officer's direct observation satisfies the totality of circumstances standard from Illinois versus Gates however the statute demands more than visible intoxication alone the danger element is the threshold the prosecution must clear agitated behavior and crew discomfort alone may not be sufficient a critical issue arises from the subjects voluntary exit from the aircraft he stated explicitly that he departed on his own accord not under physical compulsion under the Fourth Amendment a seizure occurs when a reasonable person would not feel free to leave the subject's voluntary compliance complicates the seizure timeline and the probable cause attachment point when the subject conditioned his compliance on being photographed he was asserting a constitutionally protected right The First Amendment protects the right to record police activity in public spaces as established in Glick versus Cuniff by the First Circuit that right however does not suspend the obligation to comply with a lawful arrest invoking a constitutional right during an arrest does not constitute grounds to resist the subject's physical refusal to stand elevated the encounter from a misdemeanor arrest to a potential resisting charge under Texas Penal Code Section 38.03 no Miranda advisement appears on the footage prior to custodial questioning under Miranda versus Arizona once a subject is in custody any interrogation requires a prior rights advisement the subject's post arrest admissions including his alcohol consumption and his later statement acknowledging intoxication were made without counsel present and without a Miranda warning on record those statements are potentially suppressible which could materially undermine the prosecution's case if the arresting officer failed to properly Mirandize before questioning commenced we didn't get 35,000 views are you kidding me I like I actually have a like I mean I am what the h*ll is going on hey we have a random that's his idea uh this is his idea what happened on the on the plane when they asked you to get off I literally had no idea that like there was even an issue at all and then when they asked you to step off the plane to speak with you how why didn't you want to get off uh I think we were just so shocked at that I mean like we fly three to four times every single week and and we were going back to our hometown it's not like we're trying to do something that's like extra so it was it was that was very surprising that there would be any issue and yeah I'm the one with the lights on at 62 Paul would you mind running to that for me thank you sit right here do you have anything on the on your person that's gonna poke stick me or hurt me no I just got off an airplane I just came out of the airport spread your feet please yep if you have anything on your person that you're not telling me about right now it's an additional charge the likes of a felony so I would advise that you tell me right now because of the jail if they find it it's just an additional charge I just got up there I'm just trying to save you a headache and I said no okay I wish that the uh 44 I love you guys for doing this alright I'm gonna have you step to the back of my car on this side over here so real quick you're nice you're the uh we're gonna take your contacts my girlfriend just have a seat and I'll explain everything to you OK OK I'm checking your cuffs I can get a finger in there okay so you're good easiest way is your left leg in first okay uh all the way in the car there you go just just sit down like mama there you go oh sh*t oh sh*t you guys are ground this is pretty cool alright it's a so I'll I'll explain to you real quick just so we're gonna go down to our jail it's at the DFW here airport here it's a little five to 10 minute ride okay we'll get you in there get you booked in and get you a good place to sober up a little bit okay and my friend's coming with me your friend yeah it's just gonna be you right now and what what's she doing I don't know that's up to them uh we have it you have a cell phone uh no I do not okay we don't we don't have your cell phone so before you leave can I we make sure you have my cell phone um there the officers in the terminal will take care of that for you okay cause it's may still be on the plane so I can't go back and leave you all alone okay they gave it to y'all when we got off the plane okay right on well then somebody has it we'll make sure it gets in your property then what's your name my name is Oscar Mitchell Mitchell yes sir yes sir um can I take your glasses off for you yes sir yes sir Mr Mitchell thank you absolutely I'll get us there safely okay uh is I gotta show you guys yeah right there alright oh US Delta oh I don't know about the Delta 10 never heard of that before I'm not sure uh I've never heard of Delta 10 I know the Delta 8 is the legal one and then you got Delta 9 right yeah yeah I'm not sure make call my coin on that actually right I'm gonna put these glasses on this property you heard of Delta 10 before sir Delta 10 yeah as in the marijuana uh gummies I've heard of Delta 8 that's the legal one Delta Nine's marijuana and Delta 10 I have it they call him McCoy he's probably a good one to ask 44 to 47 answer your personal please so illegal it is illegal during the property inventory a Delta 10 THC product was discovered officers consulted via radio and concluded it was a controlled substance under Texas law that determination was reasonable while Delta 8 THC derived from hemp is federally legal under the 2,018 farm Bill Delta Ten's regulatory status in Texas was unsettled at the time of this incident Texas Health and Safety Code Chapter 481 governs controlled substances officers making a field determination on a contested cannabinoid are entitled to reasonable deference provided they sought guidance which they did the arresting officer receives a B minus probable cause was legally grounded use of force remained proportionate under the Graham versus Conner three factor standard the deduction reflects two failures resistance to the subject's failures constitutionally protected recording request which unnecessarily escalated the encounter and the absence of a Miranda advisement prior to custodial questioning the subject receives a C plus he correctly identified his voluntary exit as legally significant and he was right that fact is relevant to any Fourth Amendment challenge however physically resisting a lawful arrest regardless of disagreement with the underlying charge exposed him to additional criminal liability and foreclosed any clean legal challenge to the arrest itself the airline crew receives an a minus their escalation protocol was procedurally correct and their report provided the probable cause foundation for the arrest the minor deduction reflects a gap in articulating how the subject posed a specific danger the precise statutory element the prosecution must establish under section 49.02 okay it's got the marijuana logo on it though okay so Delta 10 and 8 are both of you cool uh I'm on this uh I'm intoxicated what you got sir like a public intoxication well that's what we're calling it yes um we get dispatched to him quite a bit uh here at the airport that's been updated um yes sir yeah this happens hourly daily monthly uh I would say at the very least daily but you know I've also come to work and I've had zero calls so I you know it's really a it really is a hit and miss kind of thing divorce case against my wife I don't know if if she called somebody your incident has been updated it's not that it matters I mean if you what you're here what you've been told that's great you're doing your job I appreciate you for real and this is incredible you know this is man alright so just to be 100% transparent with you just to explain it a little bit easier for you so what we're gonna do I'm gonna have you step out we're gonna walk through this this door right here I'll have you face the wall on your left I just gotta search you in one more time you'll walk forward up to the yellow line when instructed to do so and then they're gonna search you in one more time and then after that they'll get a couple questions and we'll get you a good place to sober up sound good give me one second say that again OK sounds good sounds good I'm I'm tested first for intoxication uh so they won't release you unless you're at least point o eight so they will they test me before that's all up to the jail staff hundred percent because I'm not intoxicated OK yeah they just ask them so you can't you're assuming I'm intoxicated I don't work at the jail so and I also didn't arrest you I just transported you like we talked about right so I I just showed up to drive you from the terminal to here is all but we're here to assume I'm intoxicated to assume I'm gonna be uh sober up that yeah that's what you were arrested for was public intoxication yeah they don't they don't have to we can use context clues and all that stuff right three legal lessons emerge from this encounter first voluntary compliance with a crew request does not waive the right to challenge probable cause in court the subject had a stronger Fourth Amendment argument than his conduct allowed him to pursue second invoking a constitutional right and complying with a lawful order are not mutually exclusive asserting the right to record while simultaneously standing up would have preserved both the right and the legal challenge third officers must Mirandize before custodial questioning the failure to do so does not void the arrest but it can suppress the most damaging evidence obtained from the subject's own statements 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