Y had no key on me or [ __ ] bro. >> Okay. >> They already watched the video. >> What you mean? I already watched the video. >> Watch the video. Came in from the car. >> That's why that's why we're here. Go have a seat. >> They don't have [ __ ] to do with me. >> Have a seat. >> You're under arrest. >> On September 8th, 2024, Davenport police located a vehicle reported stolen in Normal, Illinois. Officers traced it by GPS to a restaurant lot and detained its three occupants. This analysis examines the legal decisions behind each step. Is there is there a band in Kentucky? >> Well, you guys are never a good >> That's not always true. >> Maybe not a good sign when you're around, but >> it can't be for me. [laughter] >> His mom is on that drive. >> The manager. I requesting access for your guys' camera to see if that somebody came out of that vehicle over there. >> Which vehicle? >> The silver Equinox. It's reported as stolen. >> [laughter] >> Can I ask what's going on? >> Stolen car. >> You stole a car. >> Oh, somebody stole a car, >> but trying to see who it is. >> Oh, car stolen. >> Oh, is there anybody in it? >> Nope. Uh manager in here is calling her regional manager look at cameras. >> You don't think so? >> Uh it was not here when I pulled up if that makes a difference. >> So it has it has to be >> uh the owner of the [clears throat] vehicle said it was here. They have like GPS tracking or whatever. I didn't do that with my car. >> Yeah, you do. >> I wish somebody would try to steal my car. A >> cute little car, too. >> I swear. So cute. >> So cute. >> They're not here for us, so we're good. [laughter] >> I will be once if you don't take that 49ers hat off. >> My park right there is crazy. Those [clears throat] are pulling vehicle when you're in the parking lot. We're just trying to see if you guys have any cameras that we'll see out there. >> Oh, I think I wasn't mind in the broad daylight and they reverse parked it too. >> That camera doesn't even point over there. It only points to this front entrance. >> Yeah. >> Okay. Ah, [ __ ] >> Did you ask if they saw it at all like when they got here? >> And nobody saw it. >> Uh, that one said she saw it. She didn't even notice it before I came here. So, or she got to work. >> All right. >> Uh, if it doesn't point over there, that's it's fine. >> Do you ever go downtown? >> No, I do not. >> Um, you look familiar. >> Not from over there. years. >> Oh, I got to do my job. >> Okay. >> You don't go downtown. >> I don't. >> Okay. >> I hate going in there every goddamn time. >> Well, I'm I'm going to finish my 80 here. [laughter] >> I've never seen somebody so red before. >> I'm not red at all. >> No. No. >> She came up to me. She goes, "You ever go downtown?" And I go, "No, >> no. >> You look familiar." No, I don't. [laughter] >> You want me to go down mode? >> You want me to go downtown? >> You want me to go downtown? >> Y had no key on me or [ __ ] bro. >> Okay. >> They already watched the video. >> What you mean? I already watched the video. >> Watching you went from the car, please. >> That's why That's why we're here. Go have a seat. >> They don't have [ __ ] to do with me. >> Have a seat. >> Now you're under arrest. >> What am I having a seat for, though? Y'all >> Cuz you're under arrest. Either have a seat or I'm going to put you in the car. >> Hey, sit down. Why? Why is you being so mean? Like, >> cuz you're not listening to directions. >> I'm just telling you I didn't do anything. >> Okay, >> that's all I'm saying. >> Cuz you made matters worse by tensing up on me. >> I didn't tense up on you. I just asked you what was going on. I didn't know what was going on. >> Have a seat in there, please. >> Have a seat. >> And then you go through my stuff. You didn't even ask me to go through my stuff. >> We're looking for an ID. >> You cannot go through no female stuff. >> We're looking for an ID. Please. >> You cannot go through no female ID. No person. >> Have a seat. Northern Illinois. >> Have a seat. >> What that have to do with anything? >> Slide your feet in the car. >> That's a long ways from here. So that's that's ironic. >> Hey, you're under arrest. Go and slide your feet in. Okay. >> Wait. Can I get my stuff? Y'all just hold. >> We have it. >> Okay. I want to hold my own stuff. >> No, you're not allowed to hold it. >> What you mean I'm not allowed to hold my stuff? I'm going to stay with you, but have a seat. Bring your feet in. We're going to close the door. Okay. You're under arrest. >> What am I under arrest for? >> For interference with official acts. >> And it may be in more with the with the >> You said what? interference with official acts. That means you were not listening to a lawful order that I was giving to you. >> What you mean in I don't know you I you didn't read my rights and nothing. You just came grab all of us. Put us on the ground or slide your feet in and we'll we'll let you know what's going on from here. Okay. >> What you mean what's going on? G. >> Hey can I talk to somebody else? You being so mean to me. Ain't nobody telling me nothing. Can I please I rather talk straight up. >> Okay. Can I talk to you? I'll come on. I talk to him. >> No. Sit down. Sit down. We're going to close the door and I'll talk to you through the door or the window. >> Through the door or the window? I know. I want to talk to No, I want to talk to I want to know what the [ __ ] is going on. Exactly. >> He's going to talk to you. Just sit down. >> Sit down. Close the door. I'll talk to you. >> I'm not on no [ __ ] or nothing. >> You have to sit all the way in. >> And I'm sorry for making you feel like I'm on I'm just I want to understand what the [ __ ] is going on. >> We got to close the door last time. >> Thank you. Awesome. >> Okay. Can you tell me what's going on? >> Yes. I'm going to roll the window down. >> What? You got to roll the Why you can't just tell me what's going on right now? I'm not going to do that cuz it was already tough to get you inside the >> What did the video show on? >> Oh, we didn't see it yet. >> They just said, "Hey, they're going out the back." >> Uh, they started walking out the back and it seemed a little off cuz as soon as I went in there, I noticed them that they were sitting in the corner of the of the restaurant. >> Yeah. >> And I didn't think anything of it at the time, but they got up as soon as they saw me, started walking like walking. >> I almost said like, "Hey, maybe we should put someone out here." And I thought, "Ah, what are the odds someone's going to be in there eating?" I mean, we'd have been out here a while, too. Yeah. Unless they just didn't see you. >> Well, it was weird cuz they got up started. I think she walked towards the bathroom and then >> Gotcha. Well, she's from normal. Somebody ironic that everybody's from the >> Have you reentered yet? >> No. Uh I just want to get this done quick. >> Um I'm hoping somebody can see the video, especially shows her getting out with them. I'm sure they all came and got out together. >> Yeah, >> that's easy. Two one on three. >> Did you talk to the I talked to the manager. She said she has to call the regional manager 2729 through Illinois. >> Okay. >> Can you tell me what's going on now? >> So that vehicle up front, the Cadillac is stolen out of Normal, Illinois. >> Okay. >> What you mean it's stolen? >> It's reported stolen. >> How was it stolen? >> The owner reported it stolen. >> When did the owner report the car stolen? >> Um that I I don't know. But they reported stolen and then their tracker, the company called us and said, "Hey, this car that's reported stolen, it's tracking into the tutor's lot." So then we come up here, we find in the parking lot. Then we go inside and say, "Hey, can you pull up cameras to see who might have gotten out of this three came out and walked into Hooters from that car?" So that's why you're detained and there may be charges, but when we asked you to do something like, "Hey, you got to come over here." You already talked to me like this was going on. That's why I was asking y'all what was going on >> because we were just asking you something simple and you're like, "No, I'm not. I'm not. I'm not part of this." Well, you are. The video shows you you and >> I don't know what y'all was talking about. I thought you was talking about something about the Hooters. I'm like, "What are y'all talking about?" >> You were inside Hooters eating. >> That's what I thought y'all was talking about. >> Um, >> I ain't on any questions about the car until I read your Miranda. You were correct in that. The only thing I am going to ask is just to confirm your information, which we can do prior to Miranda. Um, just cuz I'm identifying. So, I got your ID. Um, is your address still in Illinois? >> You got my double heart. >> Are you Marcus Fleming? That's It says Superstar Cashmir. That's my hus my ex-husband. >> That's his debit card. >> That's my debit card. It say superstar cashmir. >> My husband car. Like what the >> What's your um address? >> Can you put my stuff my debit card in my purse? >> Yeah, we got here. >> So can you tell me like what's going on? He talk to me for real for real. Like for real like on some real real [ __ ] between me. You know your you know your friends and like you know what I'm saying? Like the realest one out of everybody. >> The cars are stolen. Everybody, you three got out of a stolen car. >> So, what's going on right now? >> So, they're calling the police department normal where they filed them the stolen vehicle report. They're going to let me know who we have and then the owners will say, "Yes, I want to pursue charges or no, no, I do not." But we're waiting to hear back from them. >> All right. Can I Okay. Well, >> real quick before we get anything, I got your name, birthday, what's an address for you? >> You got You got my You just have my ID. >> So, the ID is correct. Sometimes people have their IDs are expired. So, that's what I asked. Um, can I I'm trying to I don't know if I'm trying to talk to you so we can solve all this. I know don't nobody got to go to jail, nothing. >> Okay. So, you're right. I do have to read Miranda if I'm going to ask you questions about a crime. Okay. So, I'm going to read this to you. Um, because you're detained, you're in handcuffs. You're not free to leave at the moment. >> Okay. I'm not I'm just saying though. I'm trying to solve all this. So, nobody got to go to jail. I can just make one phone call. We can handle all this. >> Okay. Give me a second. Let me read this to you and then if you want to chat further, you can or whatever you want to talk about. You have the right to remain silent. Anything you say can be get used against you in the court of law. You understand each of the rights I have to explain to you? >> Yes. >> You have? Okay. And they have these rights of mind. You would you like to talk to me? >> Okay. Um the car is my uh mother's car. She gave me the car. But I don't That's what I'm saying. I don't know how to report the sto like she ain't called my phone and said nothing. Everything was fine. That's what I'm saying. I don't That's why I was confused on what was going on. Obviously, if I knew this was going on, you think I'd be like, you see what I'm saying? I don't. >> So, it's your mom's car. Maybe a misunderstanding. When did you when did you >> If I call her right now, she's going to say she don't want to report the car stolen. She going to she going to drop the charges. Especially when you say her you in Iowa and she don't she not going to want to come get her car from now. >> When did you pick up her car or when did you leave? >> She gave me She gave me the car. Um she gave me the car uh >> yesterday. She gave me the car yesterday to go to Best Buy. I got the receipt from Best Buy. I still normal. >> Yeah, she gave me She gave me permission to give her a car and told me I can go to Best Buy. >> So you had it since yesterday? >> Yeah, she gave it to me yesterday. And then like you did you take it to your home that night last night or >> I went I went to a friend's house and I spent the night. >> Okay. And then what brought you to Davenport? >> I came to get some Hooters cuz she ain't called my phone. That's what I'm saying. I don't know how she called and did that but she didn't call me at all. That's what I was trying to say. My mom have a bipolar disorder. >> Okay. >> And she be drinking when I left her. When I left her she was drunk when I left her. >> Who were the other two guys with you? >> Those just my friends. >> Okay. >> They don't have nothing to do with nothing. >> Why do they have the keys though? Was it one of them driving or >> I don't they was I mean all of us was we we all had we was all in the car like >> so the boy the tall boy he was driving but >> okay >> if that's the case then why would why did you guys take off out the back? >> We didn't know what was going on. They said something about the police and Hooters and I'm like what the [ __ ] is going on? We don't have no we just don't have no time for no racer [ __ ] We thought it was something with some hooters with Hooters. >> That doesn't make sense. If you truly were like, I borrow mom's car and you you had no clue why we were even here. Why would you why would an average person get up from their table mid dinner and say, "Let's go." And let's go. >> Of course, you're going to ask me that, but I'm black and that's just how that's just how I'm just I just seen a whole bunch of white people and I'm just like, "What the [ __ ] is going on?" >> That makes no sense. >> That's how I feel. >> You're telling me you're eating dinner. You saw cops. They're after us. Let's go out the back door quick. >> I was I was walking up to call my mom. That's what I was doing when you seen the phone in my hand. Well, why not just do it from the table and just say >> cuz we didn't know exactly what was going on till we came outside and they was just like >> why would you call your mom? >> Why wouldn't I call my mom? >> But why would you call? You don't even know why we're here. We could >> this not this not the first time this she did this before. That's what I'm saying. I told you my mom have a bipolar disorder. This not the first time she did this. The last time she did this, you can call you can call Stoki yourself. The last time she did this um I was I had her car and I was in Skooki. I was I'm a I'm a rapper. I was that's why I said the uh the ID say superstar cash me on ID. I'm a rapper. So, I was at the studio in Skooki and she did the same thing. And then when the police officer um when they when they when they found it was me who had the car in the parking lot. They called my mom and they was she told them like, "Um, just give her the car. I don't want to park the car stolen." They just gave me the car cuz she didn't want to come get her car from the store cuz she does this. I my right-handed guy. I swear to God, I can die right now. My mom does this [ __ ] all the time. The car is not stolen. >> Would it be easier just to if you knew we were looking at your car and just say, "Hey, I I took a car my mom and just then we could just talk rather than like this big taked down. And it looks like you're trying to figure out. >> No, I'm sorry, but I I was just seeing a whole bunch of white people. I was scared. I don't I don't be know what I just want to call my mom first and make sure what was going on before I get to talking to all y'all and I don't know what's going on. I was just scared. That's what all that was. I was trying to walk off. So, I called my mom to see exactly what was going on. That's all that was. I wasn't trying to walk off nothing when I fig was going on. You see, I didn't walk. I was trying to call on the phone. When y'all walked up behind me, I was on the phone. I had the phone to my ear on the phone. Come trying to call my mom to see exactly what was going on >> cuz she do this all the time. >> All the time. Well, let me I'm going to get a hold of um normal police. >> I don't know if she going to tell y'all that she gave me the car, but she gave tell her tell she your daughter say you get you supposed to get her the car to go to Best Buy and she probably going to say she supposed she probably going to say well she weren't supposed to have it that long but she never called my phone and told me nothing. So how close >> from here? >> It's only an hour away. >> Um >> an hour probably hour and a half. >> This the only this the only hooters they close the one in Springfield down. >> Let me uh let me get a hold of the nor police. They'll get a hold of her. I'll tell her. But I was just trying to say you can call my mom off my phone right now. She'll answer and we can try to pick this out right now on the phone. >> All right. I'm gonna let them know who we got the three people that have her car and it's up to her if she wants to press charges or not and then we'll kind of go from there. Okay. I got to close it real quick and then I'm going to make that call. >> I you I could just call my mom right now so you can just so you can talk to her so she can just tell you she didn't want to drive. >> No, I think there's an officer going to her house like to chat with her to ask her. >> That's what I'm saying. I want to call my mom too cuz I didn't know nothing about this going on. I want to call my mom too. And she probably and I and I do have a a new phone number. She probably don't have this new number. That's what I was trying to call and see. I just got a number. >> Man, I can see like your report stolen. Like >> I just got a new number from Teen Mobile. >> She can't even reach you. >> Okay, look on some real real [ __ ] So, you know, like I had a text now. The text now app on your phone. The little text now like the little fake number thing. So, my mom that's the number she usually called me off of, but I just got a new number two days ago like iPhone like I went to team over and I told them I I had an iPhone already. Not talking about a prepaid plan on their phone. So, they put a pre-play phone on the phone and I I deleted the um when I got with with my boyfriend, I deleted the um the text now app because it be other people texting me phone there and she probably was call me on that app. I thought she had my new number. >> I thought she had I'm telling you the honest God truth. My right hand got my on my dead baby in heaven. I'm telling you the honest God truth. I I thought she had my new number, but I guess she didn't cuz I was wondering why she didn't call me. Even my boyfriend don't keep on saying like, "Your mama called you and your mom a call." I'm like, "No, she ain't calling me. I swear to God." >> Let me call them if we get this figured out soon. I'll let them know who who's >> tell her if she want she can drop the shots. I'll bring her her car right now myself. That's what she had me do last time. >> I got you. I got to close the door real quick and then uh I'll come back and chat with you and once we hear you'll slide your foot in. And uh >> Can I Can I have my property? >> It's up here on the hood. I don't go anywhere. >> Can I hold my property though? I want to hold my own stuff. Hey, excuse me. Hey, hey, hey. I was just trying to tell you um I do apologize. I I I didn't understand what you were saying. >> Hold on. Give me a second. Roll down a little bit. >> I just I just want to tell you when I was when I was walking off, I I wasn't avoiding I was on the phone trying to call my mom and see what was going on. I ain't mean no disrespect towards you. I don't you know what I'm saying? I I just >> You didn't mean disrespect towards you either. >> I swear to God, I didn't. I was just trying to understand because my mom, she got bipolar disorder. She do this to me all the time, right? And I don't even understand why I keep borrowing her car because when I when I when I borrow her car, she be in the right state of mind. Like she seem she she seem okay. >> Hey, so let me tell you one thing, okay? So when a when a police officer comes up to you and says you were being detained as part of an investigation and I'm trying to place handcuffs on you, it's not a right time to start tensing up on me. Okay? That's why I took you to the >> Issue one, the detention. Under Terry versus Ohio 392US1, 1968, officers may briefly detain a person on reasonable suspicion. A stolen vehicle report confirmed by GPS plus three people who exited that car supplied specific and articulable facts. Under Illinois versus Wllo 528 US119 2000, evasive movement away from police adds weight to suspicion. The group left through a rear exit as an officer entered. That conduct strengthened the case. Although fear and flight look identical on video, probable cause to arrest is a separate question. Under Maryland versus Pringle 540 US 366 2003, officers may infer a common enterprise among occupants of one vehicle. Habara versus Illinois 444 US85 1979 warns that mere presence alone is not enough. Issue two, Miranda. Under Miranda versus Arizona, 384 US 436 1966, warnings are required before custodial interrogation. Under Burkimer versus McCarti 468US420 1984, a handcuffed detainee questioned about a crime is in custody. The officer stopped, read the full advisement, and only then asked about the vehicle. Basic identification questions did not require warnings. Under Hyel versus 6th Judicial District Court 542 US 177 2004, asking for identity during a lawful detention is permissible. Routine booking questions receive similar treatment under Pennsylvania versus Mooney's 496US 582190. The subject then waved her rights and spoke at length. A knowing and voluntary waiver permits questioning and everything said afterward can be used at trial. Her account of borrowed permission and an earlier Skooki incident is now part of the prosecution's record along with every inconsistency. Issue three, force under Graham versus Connor 490 US 386 1989. Force is judged by the severity of the offense, the immediate threat, and resistance or flight. The recording contains no audio of the takedown itself and pregnancy was disclosed afterward. The record cannot settle whether the force was proportionate. >> And then I do have a my wrist is dis I dislocated my wrist too. Okay. >> That's why I was like like hold on right away. >> Yes. But you were start you were starting to tense up on me. So therefore I had to I had to put you on the ground. >> I mean I'm not I mean I ain't tripping about that. I understand that cuz I we both didn't know what was going I ain't know was going on. >> I get it. >> I ain't even I'm not even mad about you tripping on the ground cuz I ain't know was going on. I'm like could just y'all just tell me like what's going on? It's like talk to me. Like tell me first. >> So we're still going to figure out some things. Okay. Um, I think uh my sergeant is going to talk to your mom real quick, see what she wants done. Uh, we're going to talk to the other uh normal police department and see see what they want done as well. Uh, but right now, you're at least going to jail for interference right now cuz you interfere with my investigation and my ability to put handcuffs on you. >> That's why I apologize cuz I didn't know what you were doing. I didn't know what was going on. >> You're still going to jail for that. >> Yep. That's we can't just be a D. I'm I didn't I didn't know what was going on. I'm telling you I was on the phone with my mom. I wasn't trying to interfere with nothing. I was literally trying to call my mom out. That's my right hand. Honestly, >> but you still interfered with it. Whether you know know that or not. That's still interference with official acts. I can charge you. >> How did I interfere? I let you put the handcuffs on me. >> No, you did not. I had to fight you for that. >> No, my hands were still behind my back. You >> It was both. First of all, it was two of y'all grabbing at the same time. So, it's like he grabbing my arm. I'm not going to sit here and argue with you, but when you landed on your right hand and arm, you continued to tense up on me and I had to pull your arm back. >> I wasn't tensing up on you. That's what I'm trying to tell you. He was >> We can sit here and argue about it all night, but I'm not going to do it. So, you're going to jail regardless. Okay. >> So, I'm you like you really going to charge me for I >> I am going to charge you for it. Yep. >> And I'm apologizing to you and I'm telling you I don't I mean it does wonder. I guess it it's great, but it's not getting you out of jail. I didn't try to tense up with you. >> Yes. Okay. You keep saying you. So you charging me. >> I am. Yes. >> What are you charging me with? >> Interference with official acts. >> Okay. What is that? >> It is a simple misdemeanor. >> A misdemeanor. >> Yep. >> So I'm going to jail and I'm going to have to sit in jail. >> Yep. Unless you can bond out. >> What you mean unless I can bond out? You really like I did not test up with you. >> Yes. Yes, you did. >> I'm telling you I didn't like I'm I'm trying to tell you I'm I'm pregnant. You was getting That's all I was trying to tell you. I was all I was trying to tell you was I was pregnant. >> I didn't give a chance to because you just started grabbing my arm and then your friend started grabbing my other arm. You had one arm and he had the other arm. >> Okay. >> You are still going to jail. >> And what about what about the other the other two boys? >> Uh they will probably also be going to jail as well. Why are they going to jail for? >> Uh, just depending on what what the charges we have on them for, but we don't I don't know yet. We don't know what charges. Sorry, I'm just getting your ID. That bank card's in here, though, by the way. And I have your phone up here as well. >> I can't believe you trying to say I was test. And I did not even test up with you. I didn't even know what's going on. >> Okay. >> You just came and grabbed me. I didn't know what was what was going on. That's all I was asking you. Just read me my rights and tell me what's going on. That's all I said. So, this is what the process would have been like had you not ped on me, okay? I would have put you in handcuffs. I would have brought you over here. I'd have put you in the back of my squad car. I would have read you your Miranda warnings and I would have been beginning you I would have began to question you about the incident that took place. Then >> you was going to do that and they already start they already started grabbing other boys and they ain't even did nothing to them. They didn't even say none of that stuff to them. >> Okay. They when you when you I'm trying to tell you when you walked up to me, you said you said something, but when the other two officers walked up and grabbed those boys, they didn't say nothing at all. And I thought you was going to do the same thing to me. I'm like, hold on. This that's all it was. That's all I'm trying to tell you was a misunderstanding. I just seen how they just did them. That's all I'm trying to tell you. >> I'm I'm sitting there and I've been I was trying to talk. >> That stuff scared me. That stuff scared me. They walked up and grabbed them boys like they didn't they didn't say nothing. They just grabbed them just and push Stop pushing me on the ground. I'm like, "Hold on, hold on." And then that's when you can you I was already scared. So I can't just get a ticket for this or something. >> Mm- I don't hand out tickets for for this. >> So why you giving It was a misunderstanding. It was a a clear misunderstanding. That was clearly a clear Even your officer right here. He told me it was a clear misunderstanding. He even said it. >> I do not believe it was a clear >> That's what I just heard y'all talking about. That's right. You saying it, but we all he know too. I was explain to him exactly what happened. I explained it to him. Do you need medical attention? >> I don't know. You ain't sure ain't ask me. You ain't care. You just want to give me a ticket. I'm going to take me to jail now. Now you want to ask me cuz I'm saying something. >> Do you need medical? >> You're being mean. >> I'm not being mean. >> You're being mean. A pregnant girl. I ain't >> medical attention, Fishia. >> Huh? >> Do you need medical attention? >> I don't I don't know. I don't know. I don't know what to say cuz I'm not trying to be I don't want to be stuck out here somewhere I don't know about and going to jail and stuff. I don't know nothing about this. This is my first time ever being out here in my life. >> Will you tell me? Do you need medical attention? cuz I if so I will call an ambulance out here. They will they will check you. Do you need medical attention or not? >> I don't want to go to jail for a misunderstanding. >> Do you need medical attention right now? >> Can I speak to Can I speak to a sergeant or something? >> Talk to my sergeant. >> Well, can you tell him to come back right quick, please? >> He's coming back. >> All right. Can you tell him to come right right now? Cuz this is crazy. Like it was a misunderstanding. I'm pregnant. >> Medical attention. >> I don't know. I'm I don't know. But I'm I'm going to I'm can feel my heart starting to be fast cuz I don't want to go to jail. Like I ain't been to jail. I can't be in jail pregnant. Like, can you call your uh sergeant back over here? >> Medical attention. >> Hey, [music] >> I can't breathe up in this. I'm high. I'm going to pass out. >> You want to roll down the window? >> I don't know cuz you either the door open a little bit. I'm going to pass out up in here. Like I'm staying. I can't breathe, man. Nobody coming to the door like like y'all want me to be die off in this [ __ ] or something. I'm staying I can't breathe. It's hot as hell up in here. >> What's going on? >> I don't I don't like how I'm being treated. I don't want to be in this car with this man. I don't like it. Listen, is right here. >> Okay. Can I sit in somebody else's car? I don't want to sit in this car with this man. >> Uh, no, you can't because then we have other people and other >> Okay. Well, I'm scared of him. I don't want to be up in here with him. I'm scared. I don't like He don't like me. I don't want to be up in here. >> Yes. >> I don't want to sit up on this couch, man. I'm scared of him. I don't want to be by him. He don't like me. I don't want to sit here. Can I send him your car or something? >> Well, he's he's getting ready to get uh drive you down. I talked to your mom. She is pressing charges. >> She pressing charges. >> She said that you didn't have permission. She did give me permission to have her car >> and that's what she filed with the police for too is saying that you took >> I'm telling you she >> and I just called I just talked to her again to make sure that story can can I can I can I call so you can see when I talk to her she going to say that she gave me no keys like can I can I please >> she also said Tyrese was not supposed to be anywhere around her property her home around her her vehicle she was I would not allow him at my home let alone in my car so she wasn't happy about any of that so she's pressing charges on everybody um for the theft >> can I can I please show you that when I call her. She going to She I'm telling you, I'm my right-handed guy. I swear to God, God can strike me down right now. The lady gave me her her keys to her car and said, "Go to go to Best Buy." Did you ask her that she gave me the keys to go to Best Buy? >> And she said she did not give you keys or let you use the car at all >> to go to Best Buy. Did you ask her about the Best? >> I said, "Exactly what you told me." She goes, "No." She goes, >> "She is lying. She is lying. I'm telling you, she have a bipolar disorder. She is lying. Did you call the place and scope you and tell them she did the same thing to them and they told and they and she told them to recently leak the car? Can you please do your research and and trust me?" Yeah, I got to throw the seatelt on here cuz he's getting ready to transport you. All right. Hey, this is this where I'm stuck. You can go to court for it. I mean, when she gets that point, doesn't mean you're guilty of it today, but All right. I'm going to retry here and grab the seat belt. >> I mean, can I say can I Who's transporting me? >> Uh, this officer here. Go ahead and slide back so I can bring this across. >> You can't transfer me? >> No. Uh-uh. Cuz I got to wait for the car and we got to figure out what we're going to do with it. >> Can you Can you please call my mom in front of me so I can please show you Can you Can you just give me a chance to call her, please? Just one chance. It's not going. >> She was very adamant you that she did not loan you the car. She was upset. >> Can you slide in for me? >> As a Christian, man. Could you please give me a chance? Can you let me >> call her when you're done? But we're not I'm not going to have to try to change her mind. She >> I'm not trying to change her mind. She gave me the car. I'm telling you, she gave me the car. >> Go inside your legs and so I can put this belt and we're going to get going. >> Can you please let me show you? No, it doesn't matter. You give me a chance to matter. How it don't matter if you hear her say it. I I'm not going to say nothing at all. >> Slide over so I'm not going to say nothing at all. I don't go to ask her what I just said. >> That's why I called her. She talked to the officer. She told him the same thing and I just talked to her. Make sure with the new information that what you told me. She goes, "Absolutely not." So that's that's why >> because and you already know she said that because the boy told her she don't like him. You already just said that. >> That was just like another thing. She said, "You do not have permission to have the car." And she goes, "He 100% does not is not supposed to be around her home, her car, anything." So she was pretty upset. >> She she knows she gave me permission to get the car. She knows she gave me permission. And >> if she drops it after the fact, that's up to her. But today she's charging you um with a theft. Okay. And watch your foot. I don't want to >> Can I please just Can I please call her? >> Yeah. Down the jail. You can tell. >> So So what's So what's going on right now? What's going >> charge theft >> first? And that's based on a dollar amount. Okay. And then interference official acts. >> But you you just we just >> when we asked you to stop and you said I'm not part of this. Well, you were. And that's part of that's part of >> I cuz I don't know what I told you. I >> You do what we're here for. Let's not play around. Hey, slide your foot and I got to close your door. >> But I told you at first what I thought when you said it was okay. You said you said I believe you said I believe you ain't do it. It was a misunderstanding. >> Yeah. >> Then why you raising the window up on me? I'm getting charged with what? >> The possession of stolen property. That's first. And >> so you >> interference with official act causing injury. >> Cause of injury? >> Yep. >> I thought you just said it was something else. Now you add cause injury. >> Yeah. >> How you adding on something else? I have a I have a cut on my finger from you fighting me. >> From you me who? >> From you actively resisting me. >> So I'm going to jail. >> Yep. >> What jail? I'm going to >> Scott County. >> Who? >> Scott County. >> Scott County. >> Yep. Davenport. >> What the hell is that? >> What? Davenport or what? Scott County. >> Both. I don't Iowa is the city that you're in. Scott County is the county that you are in. So, it's a a real county jail or just a regular jail? It's >> like a like a city jail. >> What you mean city jail? Like >> like a regular jail? >> It's like >> I don't know where >> like Cook County. That's what you're saying. >> Yeah. >> A real county jail. >> Like a real county jail. >> So, I'm not going to no regular jail. >> That is a reg that's that is a regular jail. >> A regular jail is a regular jail. And then you got you get transferred to a county. >> No, no, this you're already at a county. We transport through the county. >> So, I'm going straight to the county. >> Yep. >> So, what how long going to be up in there? >> Uh, your bond is $10,300. >> That's my home. Is that bond? >> That's your bond? Yep. >> 10,000? >> Yep. >> It ain't half of that. >> 10,300. Yep. You can pay uh 5% or 10%. >> So, what's that? >> 1,300. >> $1,000. >> Yep. >> What am I buying $1,000 for? Is that 10% of $10,000? >> I can't get no IB none of that. I got to get for me to get IB, I got to pay $1,000. >> I don't have no $1,000. >> I'm [ __ ] pregnant. So, what that mean? I'm going be sitting in jail. >> It's the morning. >> Till the morning. >> 8:30. >> So, and when I say the judge, what what the judge going to do? Uh, nobody gets probably >> and I'm going be stuck out here in Davenport. And what about my friends? What could happen to them? >> They are also getting >> Why they getting charged for it? >> Robbery. >> Okay. But they didn't have nothing to do with nothing. They don't know. Don't have no car being stolen or [ __ ] >> They are in possession of vehicle. >> But they didn't know [ __ ] at all. They didn't know nothing. I told them to hold that stuff. I mean, they didn't know nothing about they didn't know nothing about [ __ ] >> Why are y'all giving them people a court date and they didn't have nothing to do with nothing? >> Cuz they are under arrest. >> Y'all just grabbed them on y'all own and start figuring out what was going on. >> Uh, old blonde had uh keys in his pocket. >> That don't mean he had nothing to do with the car cuz he holding some keys and nothing out. >> Why you want to give me a charge so bad? Like, can you call my mama for me and see if she answer for you? >> You have to call your mom. I know, but can you just can you can you at least do that for me? Can you just dial the number? See what she answer. >> Your mom, you have to call your mom from jail. They're they're going to give you a note card. >> You can't even do that for You can't even do that for me. Just dial the number right quick. Put it on speaker phone. You can't even do that for me. >> You can't even do that. >> I cannot. >> Why not? Why you being mean? And you know you can do that. >> Being mean. >> You are being mean. >> You have the opportunity to call your mom. >> I'm not going to call your mom for you. >> Why not? And you can. Issue four, theft. Iowa code section 714.1 requires taking or controlling another person's property with intent to deprive the owner. The subject admitted having the car. She denied stealing it. Possession is not intent and intent is the contested element. Her defense is permission. Iowa code section 714.4 recognizes a good faith claim of right and consent from the owner would defeat intent, but the owner told officers by phone that no permission existed. Two conflicting accounts supplied probable cause and resolving them belongs to a jury. Even her own account creates exposure. Permission to drive to a store is not obviously permission to travel to another state overnight. Iowa code section 714.7 operating a vehicle without the owner's consent applies when consent is absent and intent to permanently deprive is not proven. Possession of stolen property under Iowa code section 714.1 subsection 4 requires knowledge or reasonable cause to believe the property was stolen. That is the theory against the two passengers. Pringle supports the arrest, but a conviction requires proof that each person knew. Issue five, interference. Iowa code section 719.1 requires that a person knowingly resist or obstruct an officer performing a lawful act. The base offense is a simple misdemeanor. The officer later added injury, citing a cut finger, and the statute raises the grade when bodily injury is inflicted. The element that matters is knowingly. The subject says two officers grabbed both arms at once. The officer says she tensed. Iowa code section 805.1 permits a citation instead of arrest for many misdemeanors under Atwater versus Lago Vista 532US 318 custody was constitutional but proportionality remains a departmental question. The missing audio is the most consequential evidentiary issue. This analysis identified no statewide Iowa statute governing body camera activation. So the rules come from department policy. Reviewers treat unexplained recording gaps with skepticism, especially at the moment a charge originates. Issue six, welfare and access. Officers asked repeatedly about medical needs after pregnancy was disclosed and opened the window when heat was raised. Iowa code section 804.20 entitles an arrested person to a call after arrival at the place of detention. So directing the call to the jail was consistent with the statute. One exposure never mentioned on camera is the state line. The Dire Act 18USC section 2312 prohibits transporting a stolen vehicle across state lines knowing it was stolen. Knowledge is the key element and it depends on the same disputed permission. Outcome: The subject was booked on theft or possession of stolen property and interference with official acts with bond set at $10,300. The owner said she wished to press charges. The final disposition was not publicly available at the time of this analysis. The primary arresting officer receives a B minus. The detention and probable cause were sound and he repeatedly offered medical help, but a takedown with no audible record followed by an injury enhancement invites scrutiny. The law supported the arrest. The documentation did not fully support the force. The secondary officer receives an A minus. He explained the detention, delivered Miranda before substantive questions, separated identification from interrogation, and listened to the full account. The deduction reflects that a good faith defense may still unwind the theft charge. The subject receives a C plus. Her account was consistent, and she was nonviolent and apologetic after the arrest, but she waved. Miranda spoke extensively without counsel, walked out toward the vehicle as police arrived, and disputed the force at the scene rather than in court. The Davenport Police Department receives a B minus. Officers coordinated with the tracking company and normal police and reverified the owner's account before charging. The score is reduced by the silent recording of the takedown and by charges escalating at the scene. Lessons learned. One, recording matters most at the moment of physical contact because a gap becomes the most examined part of the record. Two, after warnings, statements at the scene only add evidence, and defenses belong in court with counsel. Three, intent, not possession, separates from borrowing, so proof of permission should exist before a defense depends on it. Four, disclosing pregnancy or injury triggers immediate documentation duties, and offering medical care on camera protects everyone. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below.