You will not touch me. I will tell you I will touch you. >> You do not arrest someone for a $34. Okay. >> I am a god. You hurt me with my arm and you're going to be punished. >> I would hate to have to put cuffs on you tonight. >> Exact date of this incident is not >> at an airport area hotel in Texas. A woman was arrested for theft of service after failing to pay a $919 balance. This is that encounter. What makes this stop analytically significant is that a legally cleaner charge was available the entire time and was never pursued. >> Publicly confirmed like she still >> so Caucasian woman short hair like was curly. She had a blue bag. >> Okay. >> Had on some capri pants. I think like tan white. Um so basically she just had dinner. I've seen her several times before. She usually comes with paper or water or whatever the case may be. Today she had a meal and she wrote um her room number down and since I was familiar with it they was like hey you check the room number there's nobody occupied. >> Okay. Is this something is this your policy that you checked before starting? >> Well no we noticed her from before she >> So this is why you did that >> correct? Yes. We noticed that she was a frequent visitor of the hotel. >> So I did a due diligence check and obviously the room is not oper. So, would you think she's >> I'm assuming so. Like I had an interaction with her maybe 3 months ago and she uh said that she was related to some tycoon building. I think maybe some type of >> something but she can't just come in. >> Yes, ma'am. >> Well, being that she's not here. >> Okay. >> We can check the area for her, but not much we can do right now. >> Okay. >> Did you guys say anything? >> Yes, ma'am. I asked her when she came up here. I said, "Well, ma'am, there's nobody in that room." She was like, "You can call the room." I said, "Why check? There's nobody in the room." said, "Do you have another form of payment?" She said, "I do not." I said, "Well, man, I mean, you need to provide another form of payment." I'm going to call the cops. >> She said, "I call the cops now." She like tried to ask me who I was and I talked to her. She was like, "What do you do here?" And I was like, "Just" and she just got up and left. >> She just Well, she was standing right here at this point, but she was dining in the lounge. She went in the restaurant, stayed for quite a bit of some time. Okay. >> And then she came out here, I guess, to get some water. And I confronted her here and she walked down that door. >> Okay. Who said 66? That's for today. >> He's up there. >> And what's your name? >> Okay. You happen to have ID on you? >> I don't have it. He has my my father. I'm supposed to meet him later today. He just got there about a few minutes ago and I'm not ready to go upstairs yet. >> Okay. Yeah. >> Well, we will. >> I'm going to have a >> Okay. Yeah. >> Well, they're saying that you didn't pay yet. >> No, no, I did pay. He paid. It's my father. It's charged with. >> Yeah. You charge it to the room. >> Yeah. >> But there's no one in that room. He is in the room. Call the room. >> Okay. So, come up. Come back upstairs with us. >> No. No. Call the room. They've done that already. >> No. No. Call them right now. You have the phone. >> They've done that. >> You're not going to be held up there for a build and the bartender said. >> Not yet. My father's giving it to me. >> So, even more reason to come upstairs. >> For what reason? >> To get your boarding pass. Come who? >> Your father's upstairs, remember? >> My father will come downstairs and get me. I don't need you to bring it to my father. >> Okay, ma'am. Either you're going to pay for the bill or you're going to be arrested for the service. For theft of service about it, >> so that's why I'm telling you to come upstairs and make it right so you can continue with your travels or you will be arrested for theft of service. All right. So, let's go upstairs. >> Theft of service telling you and we're telling you that's not a payment. There's no one. There's no one in that room. Ma'am, >> how would you know? You have >> They already verified in front of us. >> Who will verify >> the folks upstairs? >> There are no folks upstairs. >> There are plenty of folks upstairs. >> I'm not doing this. >> Yes, ma'am. Stay here. >> Stay here. >> You will not touch me. >> I'm telling you, I will touch you. We're going to go upstairs and pay the bill or we're going to the office. >> I don't have cash on me. That's right. My mother is paying bill. >> Okay. Do you have a card? >> Do I have a card? >> Do you have a card to make? >> I said I do not have any form of payment. >> Okay. But you have eaten at a restaurant >> because David said to me char David is the bartender. >> Okay. >> We said charge your room and if it's not paid I will pay it. >> So David is upstairs where he's the bartender. I'm going to leave. >> No, we're not going to leave. Either we're going to pay the bill or you're going to be arrested. I'm telling you that theft arrested for a burger. >> You don't arrest someone for a burger. You give them a bill and you give them a time frame to pay a bill. >> Okay. Okay, we'll see about that. Are you going to pay the bill? Are you going to pay bill? And I'll be >> No, there's no bill. That's not how this works. >> Yes, it is. You do not arrest someone for a $34 hamburger. You do not arrest. We'll find out. >> No, no, no. We'll find out. >> You want to come to the front? No. >> Do you want to come to the front now? >> No, I'm going to leave. >> You're not going to leave? >> I'm leaving the airport. >> Ma'am, you're not leaving. >> Yes, I am. >> You do not arrest someone for a hamburger. >> Ma'am, you will be arrested for that hamburger. >> For what? for not paying. >> And what is the charge? >> Depth of service. >> And how long is the charge? How can you How long to arrest someone for a hamburger? >> Ma'am, are you going to pay for it today? >> I said I want a bill for it. >> No, I want the bill for It's my bill. >> Ma'am, can you drop your backpack? >> It's your bill. It's your backpack. >> We're not doing that. We are not doing that. >> Nope. Drop it. Drop everything. Just let it go. >> Let it go. >> Let it go. >> Let it go. >> Those are my things. >> Okay. They'll go right with you. >> With you. They're going with you. >> You're going to You're going to stay with us for a second. >> I don't have the extra set with me. >> You do? >> No. I usually bring the extra set, but just relax. Okay. Don't swarm on us. You're going to be all right. >> You're attacking me. >> No, ma'am. You're being You're being arrested >> for a hamburger. >> For theft of service. >> For theft of hamburger. >> Yes, ma'am. You you you've purchased something here, right? >> I >> agreed to pay for you agreed to pay for it. >> Father's money. >> Okay. Well, there's no one registered under my right hand. >> I want to be kept somewhere safer than this. >> What's that mean? >> I am a god. >> You hurt me with my arm and you're going to be punished. >> I'm going to hold on to your arm because you're acting erratic and I want you to calm down. I'm not erratic >> and walk with us. Okay. >> I'm a woman. We've explained everything that's happening so far, but >> I'm not erratic. >> You're abusive. >> How are you? >> Have a seat right here. >> Trying to run over. >> Yeah. >> Yeah. I'll sit when I'm ready to sit. Thank you. I'm a lady. Have a seat. >> I'm a lady. >> Have a seat. >> I'm a lady. >> Even more reason to sit. >> Have a seat. Thank you. >> A lady sits when she wants to, not when she's told to sit. >> 34 64 hamburger that was paved. >> I need to take a flight back to Scotland out of here. >> Yeah. Well, once you get that figured out, you can come back here and take the flight. >> Yeah, but I I don't exactly. >> We'll try again later. >> That's what happened. I'm not >> She's the one who paid the victim. They're the victim of the crime. They get to determine whether they want >> it was paid for. Ask David about it. >> If they did not accept the payment, that's that's their decision if it's not. So, they didn't accept payment from a payment that was valid. >> There was no valid payment. >> Yes, there was a valid payment. No, >> there's talk one more time about it. You would you said you were going to charge it to room 314, correct? >> I've already seen my statement. I'm not talking about it. >> You're talking about it. >> No, ma'am. You are. >> No, I'm not. You are. >> All right. You ready to go? >> My cup first. Okay. >> Where is my ID? >> Where's my Right here? Has it? He's going to hold it down for you. He's going to take it with him. >> Yeah. I'll make sure you get all your stuff back when we get over to the jail. They'll make sure that everything you came in with, which is what we're going to take over there, is what you go home. >> Okay. >> Do you mind hanging up the phone real quick? Tell me what's going on tonight. >> Nothing. Okay. So, we got to call here tonight cuz they said you've been staying here for past couple days, but now you're not able to provide any card or anything like that for future stays or or what's what's the deal? >> Do you mind keeping your hands out of your purse, please? No, just uh I was waiting at last the bank >> from my partners >> because I reach here >> and uh uh I'm waiting for the transaction in >> Okay, >> that's it. >> Okay. Well, their their thing is if you're not able to afford to stay here then then you can't just hang out here in the lobby if you don't have any like you know you don't have any business here, right? I know you're waiting for your transaction, everything like that to come. >> Yeah. >> But on their side, >> they they need you to have business here in order to stay here. You know what I'm saying? Are you from here or where you from? >> Jersey. >> Jersey. What part of you from >> where? >> Oh, okay. Okay. If they don't want you here, do you have a place to go tonight? >> No. >> No. Okay. So, let me talk Let me talk to the manager. Kind of figure out what they say. Do you have an ID on you real quick? Can I see that, please? Oh, thank you. >> What's going on, boss? What's going on? Nice to meet you. >> So, the guest has been in the room, I guess, for a couple days now. At this point, the balance is at about 9:19, I think. >> So, at like 3:00 p.m. when I got in today, we checked the rooms for vacant status, whatever, so we can start cleaning. The room was still occupied according to housekeeping. So, I called the driver time. She's like, "I want to extend." And I'm like, "Okay, we're going to need it to collect for the 919 before we can extend any further." >> She's like, "Okay, well, I'll be down in an hour." I'm like, "No, like we need you to come down now. It's already 4 hours past checkout time." I was like, "We want to extend. We're going to need to do it now." So, 15 minutes or so. Hadn't come down. I went up with security. We got her out of the room and we already had a lock out on the door, so she couldn't get back. >> Use your key to get back on. But as far as it goes on our end, we aren't going to extend or let her back in the room and stay there until we've collected the payment. >> Okay? Cuz I think on her end, she's just I mean, I know a lot of people, she's waiting on a the funds to come in, but I mean that's you can't do business that way, right? And the thing is from a business aspect, right? Um they said you have a past due balance, right? And I know that's what you're you're working off paying, right? >> Um from what it sounds like, they try to give you a little bit of time, right? And I know you're still waiting. Do they give you an estimate of like how long the transaction was going to be and everything or No, >> it's gonna be tomorrow. >> Tomorrow. Okay. So, their thing is right now since you had to pass you balance, >> um they don't want you to stay here right now. Okay. Cuz like I said, you don't have any business to stay here. So, on their end, they don't want you they don't they no longer want you here tonight. Okay. So, that that's that's on them, right? Is there any like I asked before, is there anywhere else you can stay or >> nothing? Okay. Do you have any friends or any family down here or >> No. You know, you have a you have a flight back. >> I don't know if my partner already asked y'all, but she has to pay today before she leaves. Correct. >> Yeah, we we need payment. >> And if she doesn't pay, y'all won't press charges. Yes. >> 100%. >> Yes. 100%. >> Okay. And you guys don't take checks or anything like that. >> Not personal checks. >> No. >> No. And if you would like to pay a business cashier check, that was one thing, but check no personal check. >> And how much is it that she owes you? 19. >> How much? >> 919. >> 919. Okay. >> I know. >> No, I'm just asking how much does she want. She can't leave unless she pays. Like if she doesn't pay through real quick, let me talk to my partner real quick. >> Yes, ma'am. >> I understand that your money hasn't came through, right? However, at the end of the day, they do not want you here. And when you do leave, you're going to have to pay your tab. It's $919, right? If you do not pay that tab, you can go to jail tonight for theft of service because they provided you a service with the >> That's a mess. >> You don't have a credit card? >> Okay. Well, earlier you told me you had a debit card. So, do you think I mean a credit card? >> No, no, you don't have to prove it to me whether you had a credit card or not, right? But what I'm trying to tell you is that if you do not pay, you're going to jail. >> So what I'm asking you is, is it worth going to jail? >> No. So you're going to have to maybe call a family member, maybe call your boss, maybe they could like manually put a card in. They're going to you're going to have to figure something out. So maybe they could like manually put a card in. You're they're going to you're going to have to figure something out because I I would hate to have to put cuffs on you tonight. There is no if ends or buts. either you pay them the amount money you owe them or you go to jail for theft of service. So, can you make a phone call to maybe your boss, to maybe your any family member that could lend you $1,000 and you pay your tab and then you get out of here and then you go to like maybe a cheaper hotel. They're refusing you to stay any longer and they need their tab paid. So if it's not paid then the consequences for that is jail. Okay of service and that in state Texas that's a class A misdemeanor that's way above a traffic ticket and I and I I genuinely believe you that your money will come. However, they don't run that way. A business does not run on a fact of warranty. So that's why that's and I feel like I'm we're having to keep on repeating ourselves. and you do understand. If you're saying you understand, then we shouldn't have to keep on telling you the same thing over and over again. It's either you call maybe a family member, maybe your boss, maybe your co-workers, somebody that could pay your tab for you or if you do have a personal credit card, pay the tab, and then you could take the receipts and then you figure it out with your job. >> I if I have the credit card with me, they me I I >> And that is why we're saying that you call your boss or call your business. >> Here, let me see your hand real quick. Hold on. >> Turn this way. >> Ma'am, >> don't resist. Please >> come on a second. We've been cool with you. Just be cool with us. Okay. I'm just going to raise up your shirt a little bit. >> How How many How many things do you have in there? You just have a suitcase or a lot. >> It's already How much is a lot? >> Two suitcases, two wax, and >> Okay. Bring it up. Bring it up. >> Erica, can I ask you something? >> Yeah. Were you being honest about it being a business trip? >> Is this Is this really a business trip or are you like did you just leave home and >> No, no. >> No. Okay. >> It's okay with us. >> We can go from here. It's okay. We can go from here. Hey, Journey. Put this here for now. I'm going to have to search her property. Um, >> that's fine. Just give me some light real quick. Let me just put it in the car real quick and then we'll figure it out. Uh, it's easier if you go left side in first. Just like that. >> Under Texas Penal Code section 31.04, 04. Theft of service requires intent to avoid payment secured through deception or threat. A pending bank transfer, if genuine, does not satisfy that element. Intent is the threshold question, not the unpaid balance itself. The subject's defense was consistent. Her father occupied room 314 and payment was pending a wire transfer. Officers never called that room from a witnessed phone to confirm or refute it. That single investigative step could have changed the legal outcome entirely. Under Beck versus Ohio 379US89 1964, probable cause requires more than one party's account. A disputed billing claim where the subject offered an explanation one never directly tested may not clear the constitutional threshold. Under Terry versus Ohio 392 U. Yes. 1 1968. Detention scope must match investigative justification. Proceeding to full custodial arrest without exhausting the subject's primary factual defense exceeds Terry's limits. The hotel's account was accepted at face value. The counter claim was never tested. A cleaner legal path existed. Texas Penal Code Section 30.05 criminal trespass requires only that the person was told to leave and refused. No deception element, no intent requirement. The hotel formally revoked permission to remain. Officers bypass that option entirely. The food charge approximately $34 requires independent analysis. Charging a meal to a room at the bartender's suggestion in good faith does not constitute deception under section 31.04. The food charge and the room balance are legally distinct under Graham versus Connor 490 US 386 1989. Force reasonleness is judged at the moment of decision. Physical control appeared proportionate. No strikes, no weapons deployed. The subject was non-compliant but not assaultive. Under Atwater versus City of Logo Vista 532US 318 2001, custodial arrest authority for misdemeanors is confirmed. However, that authority does not eliminate the obligation to first establish probable cause. At the time of this analysis, the case outcome remains unknown. No public records were located. The lead officer receives a C+. Deescalation was consistent. Communication was clear and force was proportionate. The subject received genuine time to arrange payment. However, the arrest proceeded without testing her primary defense and criminal trespass requiring no proof of deception was available and not pursued. Professional conduct does not cure a deficient legal basis for arrest. Failure to call room 314 before executing the arrest is the critical gap in the probable cause analysis. Under Beck versus Ohio, that verification step was required. The subject receives a B. Her legal analysis was largely accurate. A bill and a time frame, not handcuffs. Is the civil remedy? Her defense was consistent throughout. However, refusing to accompany officers upstairs to verify the father's presence harmed her own position. Non-compliance created the use of force justification that escalated the encounter. Hotel management receives a B minus. The outstanding balance was legitimate and involving law enforcement was within their rights. However, allowing a meal charge to an unverified room was procedurally inconsistent. Criminal trespass notice was available and not offered. Early characterization of the subject as potentially homeless may reflect bias that shaped escalation over resolution. Lesson one, probable cause requires testing the defense, not just accepting the complaint. Under Beck versus Ohio 1964, a phone call to room 314 before arrest was a required investigative step. That single call could have confirmed or refuted the subject's claim before any arrest was made. Lesson two, know the lesser charge. Under Texas Penal Code section 30.05, criminal trespass avoids the intent element entirely. It was available the moment the hotel revoked permission to remain and requires no proof of deception. Lesson three, civil debt and criminal deception are not the same legal category. Section 31.04 requires proof of intent to deceive, not simply an unpaid balance. That line determines whether the remedy is a civil lawsuit or a criminal arrest. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. We read all of them. If there is a body cam interaction or legal question you want covered, let us know.