Stand up. >> Stand up. >> Give me your hand. >> On January 4th, 2024, airport police at a US terminal responded to a theft complaint at Burger 21 restaurant. A man was accused of taking a $3.75 cup without paying. He was charged with public disturbance and resist without violence. This is that encounter. What makes this stop analytically significant is that a payment agreement was reached before the arrest was initiated. >> And $0.75. Yes. Yes, you are. Couldn't breathe, you couldn't talk. >> On January 4th, 2024, airport police responded to a theft complaint at Burger 21 restaurant inside a US terminal. >> How are you doing? Did you get a cup from Burger 21? >> Yes, she did. >> All right, you got listen. There's cameras all over the place. I'm asking you one more time. Did you take a cup from Burger 21? You came there, you asked for >> water. >> No? >> I just got water. >> I'm sorry? >> I got water and they wouldn't let >> Okay. All right. So, so you 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 boarding pass. >> I'm sorry? >> Boarding pass. >> May I see it, please? Turlock 136, check on the gentleman 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 no charge. What time did this happen? Right after you called us. >> About 10 minutes ago. >> If you want to pay for it, she's willing to drop the charges. If anybody saw him do it, too. >> That's the only way to gain. >> 2004. She said it's $3.75 for the cup. She gave you a water cup. That's >> got a water. >> I understand that, man, but you took it. >> I don't even have $3. >> She'll get She'll get you change. >> JetBlue flight 1365 to Cancun, Mexico. >> She'll get She'll get It's $3.75. You've got a 10. She'll bring you back your change. Okay, the cup is what cost them Okay, Sam, let me tell you how this works, okay? She offered you a water cup that was free. >> offer anything. She didn't offer it. >> Okay. Okay. >> for it and she said no. So, how the [ __ ] you going to say no for water? >> Well, so first of all, we're not going to curse at you, all right? We're We're We're trying We're trying to work with you. We shouldn't even be having this conversation right now, but it's three bucks. $3. You're about to You're going to go to jail for $3. >> And $0.75. Yes, yes, you are. She'll give you change. Give her the money. And she'll give you the change. If you don't want to pay, we can do it the We can do it the hard way. Your option. Are you going to pay for it, sir? Yes or no? >> I'll pay for it, sir. >> All right. Well, you can stay here. She'll bring you back your change. >> No, n- >> Okay, listen, man. Bring it down. >> going to trust you with my [ __ ] bro. >> Go ahead. I said 375. >> You said $3? >> I said 375. Everything's recorded, sir. Stand up! Give me your Show 1036. >> Show me in custody with one. >> Stay there. Public disturbance and you didn't pay. >> Did he give you money? >> Yes. >> Okay. We'll put him Put in his bag. Public disturbance. All right. All right. Come on, turn around. Yeah, no problem. You got him out? >> Yep. Bro, I can't breathe. You're pulling on my shirt. >> Yeah. Pull him. Couldn't breathe, you couldn't talk. Come on, turn around. What did you do, Sammy? Yeah. 12136, can you get a vehicle for the Alpha 12 here? Stay there. Relax. Relax, man. Alpha 12, code need a vehicle. >> You slammed my head on the counter for no reason, bro. >> I didn't slam your head on the counter. Everything's recorded, bro. We're both wearing body cams. All right, your stuff is going to be put into the airport police department's lost and found. It's going to be inventoried. When you get out, you come and get it. >> Nah, take it with me, bro. >> No, it doesn't go. Jail won't take it. >> Oh my god, that's my [ __ ] bro. That's all my >> They 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'm going to go with no stuff? >> Well, you'll go with your wallet, ID, and your cell phone if you got it. >> 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 use these other pockets. Turn him around this way a little bit. Just lay him on the ground. I'm going to spin his pockets here. You were headed to Las Vegas. What What state You live in New York still or no? >> I live in New York. >> You live here? You don't have a ID here at all? No driver's license, no learner's permit or nothing? >> York security card. >> I'm sorry? >> I have a Florida. >> You do have a suspended license in Florida? >> I got them right on me. >> Trooper 136, gentleman says he has a driver's license in Florida but it is suspended. He was on Spirit Airlines flight 1127 going to Las Vegas. You got any drugs or weapons on you? You got anything when you go down to the jail this extra charge. So, if you got it, tell me now. >> I just need my money and my stuff. >> I will I'll go through your >> is important too and that jacket and the all my clothes. >> All right. >> It's all It's all I got. >> All right. What state were you born in? >> New York. >> Trooper 136, put his info in the CJI folder. Charges will be disturbance and resist without. Nothing back here. Come on, Sammy. What is that? You got any more? >> You got any cash? >> I'll put I'll put it in this pocket. This is Naproxen. >> Yeah, it's an antibiotic. >> Yeah, this ain't an antibiotic. >> That is. >> No, it's not. I know what Naproxen is. This is for injuries. This is not All right. They're going to take this down at the jail. I don't know if they need a prescription or not. >> You got his ID? >> He doesn't have one. >> Oh, no. >> It's on the um He has a birth >> through the air side or something, right? >> Birth certificate. That's all he had. His license is suspended. That's why he doesn't have it. >> At the time of this analysis, the outcome of any criminal proceedings in this matter remains unknown. >> The officer receives a C+. >> Probable cause was present. A named eyewitness identification satisfies the totality of circumstances standard under Illinois versus Gates, 462 U.S. 213 1983. >> Under Atwater versus City of Lago Vista, 532 U.S. 318 2001. >> A custodial arrest for a minor offense is constitutionally permissible, but the subject had agreed to pay before arrest was initiated. >> The disorderly conduct charge is legally vulnerable under Cohen versus California and City of Houston versus Hill. >> Profanity directed at a restaurant policy, not at an officer, is protected First Amendment speech. No Miranda advisement is audible before officers question the subject about drugs and weapons questions outside the booking exception under Miranda versus Arizona, 384 U.S. 436 1966. >> When the subject stated he could not breathe, >> no verbal acknowledgement or physical compliance check is documented in the footage. Under City of Revere versus Massachusetts General Hospital, 463 U.S. 239 1983. >> Detainees have a constitutional right to adequate medical attention. >> That response gap is a documented duty of care failure. >> The subject receives a B. >> His core conduct seeking water and disputing the charge does not meet the legal threshold for arrest under the Fourth Amendment. >> He agreed to pay when offered, maintained a consistent account, and did not physically resist custody. >> His profanity, though constitutionally protected, provided documented pretext for the disorderly conduct charge. The correct approach when facing a questionable arrest is to comply physically and contest legality in court. A civil rights claim under 42 USC section 1983 requires a clean conduct record at the time of arrest. For law enforcement, discretion must be exercised proportionately. Under Atwater, probable cause permits arrest, it does not require Civil resolution is sound policy for offenses below $10 in value. For law enforcement, disorderly conduct requires overt threatening conduct. Under Chaplinsky versus New Hampshire, 315 US 568 1942 fighting words must be personally directed and imminently provocative. Verbal frustration does not qualify. For law enforcement, Miranda advisement must precede substantive custodial questioning. Drug and weapon inquiries fall outside the booking exception. Statements obtained without prior advisement are subject to suppression under the exclusionary rule. For law enforcement, every statement of breathing difficulty during restraint requires a documented verbal and physical response. Positional asphyxia is a recognized medical risk. CALEA standards treat this duty of care as non-discretionary. For citizens, constitutional rights are tools of the courtroom, not the sidewalk. Verbal resistance, even when protected, creates charges and compromises the factual record needed for a civil rights claim. Comply physically, challenge legally. 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.