you have a receipt for did you buy this um no I'm sorry don't leave come back here don't leave come back ma'am come here I mean I'm just trying to get stuff for my family I'm sorry and I I don't want to go to jail that's the last thing I need right now why are you trying to run from me when I tell you not to move why do I have to grab you what's up she was waiting for her ride this getaway car was actually parked in the front parking spot in that handicapped place you got it on camera uh yeah on May 2nd, 2023 in Hillsborough County Florida officers responded to a reported shoplifting at a supermarket the interaction lasted only minutes yet it produced a felony arrest a resisting charge and an active probation violation you have a receipt for did you buy this um no I'm sorry don't leave come back here don't leave come back ma'am come here ma'am come here stop don't run what are you what are you doing what are you doing please let me go don't no you can't leave you just you just got caught stealing come back here you're detained right now you cannot leave stay right here go to the sidewalk 600 Bison 30 at 1 Dixie Ma'am don't don't leave where are you going I'm not stop touching me you're detained right now stop touching you are detained right now you have to stay right here you're not allowed to leave okay let me go stay right here go for can I get a 1394 stay right here where are you going stand right here 10 4 0 9 50 one ma'am you need to stay right here what do you have an ID on you 6 11 51 stay right here do not leave ma'am what are you doing what are you doing right now you need to stay right here hey can you grab her arm ma'am relax what is wrong with you right now I need to go you can't leave you are not leaving right now put your hands behind your back put your hands behind your back I'm not gonna try to leave no it's too late I'm not playing this game anymore put your arm behind your back man 6:00 0 one to 10:00 zero 4 1 to 10 at 18:56 can I stand up please you gotta hold on one second come on send it pretty much where's your ID I don't have one you don't have one you don't have one your first no sir have another unit come by can you have the manager come out you can leave right here till he comes out and decides what he wants to do can you tell me what happened what why you would you need stuff yeah absolutely I mean I'm just trying to get stuff for my family I'm sorry and I I don't want to go to jail that's the last thing I need right now why are you trying to run from me when I tell you not to move why do I have to grab you I don't want do you think I want to do this no I don't I'm just so I'm I know they say you're scared but you cannot run from the law enforcement when they're stopping you you're s you escalated this you don't want I don't have to put cuffs on you so I just have her detained right now just looking for her on camera actually so you want to like get the price of everything that she's taking or do you have anything in your purse that you took also no I mean I don't know the lawfulness of the initial stop rests on Terry versus Ohio decided in 1968 that decision permits a brief seizure whenever an officer has reasonable articulable suspicion of criminal activity two independent facts supplied that suspicion here the merchant's dispatched theft report and the absence of a receipt the subject's attempted departure adds a third factor under Illinois versus Wardlow decided in 2000 Wardlow holds that unprovoked evasion in a relevant context is itself a legitimate input to the reasonable suspicion calculus American law draws a sharp line between a detention and an arrest and that line controls what happens next a detention requires reasonable suspicion an arrest requires probable cause the two are not interchangeable once a lawful detention is communicated walking away is not a legal option it is an independent criminal offence that offense is codified at Florida Statute Section 843.02 resisting an officer without violence the statute reaches any obstruction of a lawful duty and physically pulling free clearly qualifies Florida courts including the 3rd District Court of appeal in state versus Dennis have applied that rule for decades Use Of Force Is Analyzed Under Graham V. Connor decided in 1989 Graham requires objective reasonableness measured from the officer's perspective at the moment of decision not with hindsight hand control and handcuffing applied only after repeated escape attempts sit at the low end of the force continuum no Miranda warning is required at that stage Miranda versus Arizona attaches to custodial interrogation not on scene questioning the decisive legal factor here is the subject's active probation for a controlled substance offense under Florida Statute section 9 48.06 any new arrest can trigger a violation warrant probation violations frequently carry no bond and the original suspended sentence can be reinstated in full that is the mechanism that converts a routine petit theft into serious prison exposure Florida Statute Section 8 12.014 grades petit theft as a felony on the third qualifying offense a staged vehicle in the handicapped space captured on store camera raises additional exposure Florida Statue Section 8 12.015 governs organized retail theft and Merchant Detention Authority is there any way I could just be trespassed or something we'll find out when the other officer gets here can we go inside go for it we're just gonna wait out here for a moment alright yeah yeah let's go inside you want where do you want to hold her at you want to take her inside the manager's office the boy what's up she was waiting for her ride this getaway car was actually parked in the front parking spot in that handicapped place you got it on camera uh yeah you got a tag on there or whatever even if you don't have one I'm gonna try to get a tag for you now one 4 three nine from last night I do got a I think I got a plate for you alright you're good to go just make sure you're not back here so with your bags and stuff yeah I know alright go ahead here you go thanks a lot you're welcome you need anything else you know what to put in your CR and everything I figured it out I'm gonna go to the I'm gonna go to the station to get with sergeant because of because of probation okay so he's gonna explain it to me but um so I'm not gonna charge you I left the grabber and she tried to flee and she was resistant um well at least you know you witnessed the primary officer earns a B+ the stop was constitutionally sound and force stayed proportionate throughout the subject earns a d every available legal choice was rejected and the resulting cascade was entirely self inflicted loss prevention earns an a minus for documenting the theft preserving plate footage and deferring physical detention to sworn officers three lessons emerge from this record first a lawful detention is not a negotiation second walking away or pulling free only manufactures a new independent charge under Section 8 43.02 second the Fifth Amendment right to remain silent is the strongest tool available at any stop statements offered as sympathy or explanation carry no legal weight and are frequently used at the charging stage third active probation multiplies every consequence a single new arrest can reinstate the full underlying sentence let us know in the comments if there is an interaction or legal topic you would like us to discuss thank you for watching and don't forget to subscribe for more analysis of police court interactions