what you going to do huh you say you got one detained I got you detained right now oh so am I going to jail huh am I going to jail well I'm like when I walked in there dude you were down and yeah I pushed I pushed her off of me alright she didn't want to let me go she wanted me to stay come over here real quick you're taking him to jail yeah he's gonna go to jail for resisting right now cause but he didn't resist though he was given a lawful order okay so you can play all this games stuff okay been around a long time I know physical domestic when I see one okay this case turns on a single legal question whether the stated basis for the arrest matches what Colorado law actually requires begin with the charge the officer announced resisting arrest what's going on I'm just my life is so crazy right now but there's like nothing where's he at he's over there but there's like nothing to do with my mom two seconds I got two kids out here I'll get some guys down in the back hey our teacher police department get over here get over here right now no get over here get out of my house get over here hey Jalen hey get over here right now come on Jalen hey I didn't do nothing focus focus get out hey I didn't do nothing just make sure he gets it he's refusing to get out no I'm not refusing he's not refusing get out I'm not refusing come here come here come here I'm not refusing step this way I get my sandal get your sandal real quick god damn it outside go freaking quick I'll be on quick I'm here hyper put up against the truck put your hands up there come on I got the mail subject subject outside I'm about to put custom put your hands behind your back man you're not gonna touch me alright yeah I'm gonna put cuffs on you first put your hands behind your back do you watch yeah 2:06 I got one detained let's step it down what's that was that you what you going to do huh you say you got one detained I got you detained right now oh so am I going to jail huh am I going to jail well I'm like when I walked in there dude you were down and yeah I pushed I pushed her off of me alright she didn't want to let me go she wanted me to stay come over here real quick I'm on Quay right on the corner of Quay and 26 I'm not gonna do this sir I'm sorry I'm park sorry park in six right on the corner I'm not gonna do this sir I'm not gonna run around let me see I have a camera I have a bad back do you yeah I can lean against the wall if you like okay alright get right up against the bumper then let's see so what's what was going on man man we're just we're just we're just holding on to each other and I was trying to get out that was you man okay cause when I walked in there dude you were I mean I was yeah I was upset I was like yeah get off me yeah you were hitting somebody was hitting cause oh no no I was I was that was me throwing my shit that was me throwing my stuff what's going on man no I just just just arguing and then I guess we're here I'll just I threw my stuff away okay turn around do you pat you down yet turn around let me give you a pat again yeah you got any weapons or anything on you no sir no what's your name what's your date of birth Adrian Menos 28 central clear one by name and date of birth it was right here hey Jimmy you know what's what was the date of birth again hey hey date of birth what was it and just put your sit on this bumper for a second are you lean up against it have any ID on you no sir okay so you're not coming back you got different name yes sir 28 Central I'll have a social whenever you're ready okay we we gotta make sure okay yes sir I mean if he doesn't come back and you give him the wrong stuff then we might get you for concealing ID we don't want to do that why would I have to go yes sir okay you understand yes sir come on man you've been around baby alright yeah I'm not I'm not gonna listen to you okay alright hey Christine 7 2 8 can I get our teacher what's the social again what happened she accused me of cheating and I start throwing stuff around when officer came in he was at the door she was on on my couch and I was yelling I was yelling all over over her was she on her stomach on the couch no she was just like like sitting down she was sitting down when we were arguing okay what if you just be real did you put hands on her did you touch her no no why would I tell you but I didn't okay I'd expect you to tell me the truth I mean there'll be marks on it I just want someone to be real with me you know what I'm saying yeah be real with you OK you gonna read my Miranda rights I don't have to yet cause you're technically you're just detained OK so so so how long OK for as long as it takes for the destination more than 15 minutes as long as it takes to get this settled okay okay settle what who who call you figure out what's going on we don't know who called I didn't call you we know you didn't call us I know I didn't call you no obviously you guys were fighting so we're arguing we're arguing I was yelling at my f*cking pitch in my lungs so she just accused you of cheating yes OK that's none of my business or anything alright I'm not gonna no it's cool man just you guys do your job like I told him I'm coming out can I just please get my son though he said who's here this is our home together yes okay um if we did have to have you guys just separate for the day who has it who can go see I can go see you can go see your mom and dad or something family OK and then you said there's a son involved a son you said you have a kid yeah I have three children that one that one and the other one with my mom OK they will all stay with me though yeah where are I'm not saying I I see I'm taking them hey ya so you'd go stay with moms yeah I can go stay where she stay at off the block over there on a moderator oh down there by uh the school yeah past the school like okay the new block over okay yeah if we can if we figure out that nothing happened man we'll probably just ask one of y'all to leave go off for the night or something um so hang back tight we'll finish this up and we'll sort it out okay I didn't I didn't do a favor just fix that way real quick we'll take a look at your back put it on my back like your hands I don't know this cuff is tight bro this one OK hold on hold on real quick let him finish cause these are his cuffs go back there yes that's very good part two do you guys live in this one or in this one this is like my little shop it's my man cave your man cave is right here okay have a seat right there I'll talk to you in a minute this this cup is a little tight though man better now were you guys when you were arguing hey when you were arguing were you guys arguing out here or in there um well he's talking in there and that's where he wanted to start OK but did it start out here you know what I'm saying oh I have where did it start at well in the house in the house yeah it's like what like 10 15 minutes ago um how long did it start going 15 minutes ago no more than 20 but you're saying everything was still in the houses like in inside the wall well there's a one in the beginning she started walking that way and then I I was I got in my ride and I went up to her and then she I convinced her just to walk back over there and I reversed and then we were in there oh so you were in the car yeah she was walking away and you drove up to her and you told her to come back OK she came back was she by herself or did she have kids she was walking with the kids OK I don't know why my why didn't my name come up why did your name come up no I don't know they probably must have misspelled it normally sometimes like cause your name's Adrian right no middle name two ends two E's if they spelled it wrong that's why probably I didn't come up that's why running you by socials probably just better what's your mom's name Priscilla Priscilla what's her address I don't know she used to live right here but not anymore no but what's her address on uh Monterey I honestly don't know is the dad live with the dad live with him got a nice big fountain in front of it yeah 8:04 I don't I don't know it's like almost close to the corner of Monterey and Hermosa I met your dad the other day yeah he does a lot of work we're good for I met your dad the other day cause he called us I guess we're part of can you give me some shoes Adriana huh give me some shoes please under Colorado Revised Statutes Section 18 8 1 0 3 resisting arrest is narrow it requires that a person knowingly prevent an arrest by using or threatening physical force or violence or by creating a substantial risk of bodily injury to the officer the keyword is physical a verbal refusal does not satisfy this statute being slow to comply does not satisfy it even saying no repeatedly falls outside its reach Colorado courts have made this distinction clear and defense attorneys across the state treat passive noncompliance as a frequently mischarged offense if resisting does not fit the next candidate is obstruction under Section 18 8 1 0 4 obstructing a peace officer is broader it reaches the use or threat of violence force physical interference or an obstacle that knowingly hinders an officer but the operative concept is still interference a physical impediment or a threat standing in a doorway and verbally declining an order without more does not automatically meet this bar either Colorado case law cautions that words alone rarely sustain an obstruction conviction so let me ask you something how many times does he need to tell you to come on out when there's an incident going on well at first he called me yes he called me by surprise but I mean but still like I was he was in his uniform all good stuff I refuse to talk to him anymore okay you didn't resist there was no resistance there was no resistance man okay when I told you to come outside you did not apologize sir you kept on telling me no it was a heated moment I apologize I kept you kept on telling me no and then you told me that to get out to get out of your pocket I apologize now me getting out whenever obviously something's going on you didn't let me get my sandal what are you talking about I did I did once you I told you I told you right I just get my sandal yes I did tell you you could get it real quick yes but you weren't listen to me at first when I first told you to come outside you were refusing to come out and you're telling me to get out is that the only you guys got on me cause I mean like honestly I honestly didn't hear you do you wanna play a game I honestly I'll take this I honestly didn't hear him and I'll get you for a I honestly didn't hear him you heard him enough to where you told him to get out after a while I turned around and I was like so it's up to you if you want to do that or not he says he says that she he was on top of her uh huh like or he's over he's over her so I can't tell she won't she won't talk but did you see it yeah well like might as well watch the video footage cause my video camera like she's like punched over on the counter and then whenever I called in it was you know yeah I mean I can get him for assault based off of your word alone you can get that yeah every time that I want to talk to these guys I want to talk to these guys come here you can do the same thing okay let me check like your doll can you come here real quick hey hey Pam can you just come here real quick I just need to ask you one question he was cooperative OK it was a heated moment at the moment here's here's the only thing I wanna ask OK so he says he was over you on the couch yeah yelling and I did kick him off OK I did but I thought well I mean it was a reaction are you afraid I mean he was over yeah I mean that's why I like freaking kicked him off I mean I've been in situations before I mean I've been in not with him abusive relationships before okay so you were afraid of so I have like PTSD but like I I didn't he wasn't hit me okay he was over me yelling at me he thinks that I took his money I did not but I he didn't hit me he didn't put his hands on me I just kicked at him I did kick him but you were afraid yeah but I didn't but he never hit me though okay he never put his hands on me uh do you own anything in this part of the house is any of this in here yours do you own any items come on Zoe I mean I don't know why say bye mom did you break anything say bye to Mommy say bye to Mommy no I mean he hasn't broken anything no there's nothing broken on my baby okay this is where the analysis shifts because Colorado is a mandatory arrest state under Section 18 6 8 0 3.6 when an officer develops probable cause that a crime involving domestic violence occurred between intimate partners the officer shall arrest the person identified as the predominant aggressor the word shall removes discretion the alleged victim cannot waive it a later recantation cannot undo it domestic violence itself is defined in section 18 6 8 200.3 it is not a stand alone crime it is a sentence enhancer attached to an underlying offence and an act or threatened act of violence against an intimate partner that enhancer can attach to assault under Section 18 3 2 0 4 or to harassment under Section 18 9 1 11 so the real question is not resisting at all it is whether probable cause for an underlying domestic violence offense existed the standard for probable cause is modest a fair probability that a crime occurred not proof beyond a reasonable doubt an admission of pushing an account of one partner positioned over the other while yelling an expression of fear and a history of abuse together can clear that threshold comfortably where they do the arrest is not merely permitted it is required by statute two constitutional points deserve attention first detention versus arrest under Terry versus Ohio decided in 1968 an officer may briefly detain a person on reasonable suspicion handcuffing alone does not automatically convert a detention into an arrest but the longer and more restrictive the seizure the closer it moves toward one requiring probable cause second Miranda under Miranda versus Arizona decided in 1966 warnings are required before custodial interrogation the label detained does not control the analysis the substance does when a handcuffed subject is asked whether he assaulted his partner a court may later find that questioning custodial and any unwarned statements vulnerable to suppression so I need to ask you okay what what what you're taking him to jail yeah he's gonna go to jail for resisting right now cause but he didn't resist though he was given a lawful order yeah but he but but he he put his hands up and he and he freaking didn't but when he was told to get up and get out okay but you gotta he didn't do it no I understand I understand someone looks like they're in fear and they're getting hurt it's a lawful order I understand but but he was he did OK he did OK he did go he was just it was just a heated a moment situation he didn't he was fine he was fine he's fine we were arguing we were arguing and you know like we were arguing and then what I just saw what I just saw the video you were like crouching over at the uh the couch okay like you were about to get struck ma'am he assaulted okay so you can play all this games stuff okay been around a long time I know physical domestic when I see one okay and then when he told him to come on out he told pretty much told him to get out did he or did he not I don't care okay okay then alright we're done get get him arrested for that this brings the grading into focus the responding officer earns a B minus the investigation was sound parties separated both interviewed restraints checked children accounted for the deduction is for legal imprecision an arrest justified out loud as resisting when the durable basis was the domestic violence statute itself the subject earns a C plus the conduct that summoned police yelling over a partner and admitted push following her as she tried to leave is the core problem yet once detained he did not physically resist stayed composed and asserted his rights calmly which is precisely why a stand alone resisting charge would be fragile now the lessons for officers name the right statute a correct arrest defended with the wrong charge invites suppression and dismissal in a mandatory arrest state the domestic violence framework is the foundation not resisting for civilians non compliance by words is rarely a crime but it rarely helps the place to challenge an unlawful order is a courtroom not a doorway and invoking your right to silence early protects you far more than explaining yourself while handcuffed 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