Wait, stop pulling me. I can't breathe. >> I'M HELPING YOU OUT. >> NO, YOU JUST DID ME WRONG. >> GET IN THE CAR. >> Get in the car. >> On October 10th, 2022, officers responded to a [music] domestic dispute at a city recreation center. City employees reported witnessing a man and a woman in a physical altercation over a bag on city property. [music] This 19-minute body cam footage raises three distinct legal issues [music] worth examining in depth. First, the lawfulness of investigative detention. Second, use of force against a pregnant subject. Third, the timing of Miranda Wright's advisement relative to custodial interrogation. >> Well, what what's going on? >> So, let's just talk over here. Okay. What's your name? >> Fred. >> Fred. All right. Fred. So, Fred, what happened? Ain't >> nothing happened. I'm walking off. >> Okay. Well, obviously there's something that happened obviously if we're getting called, right? So, you want to only tell me what happened or do you want to just like play it by ear and then he can she can just say everything to him and we're just going to go off her story. >> Well, go off her story. >> Okay. Well, you still got to stay here. You got your license on you? >> No, I do not. I love All right. Stand over here for me, Fred. >> I'm hot, sir. >> All right, cool. Stand I'm hot, too. Stand over here. >> Come on, bro. You >> stand over here. >> Not doing anything. >> Stand over here. You're involved in investigation. Stand over here. >> Well, investigate then. What me spot got to do anything >> because I'm trying to not get you in the roadway. Stand right here. >> Stand right here. >> You pulled up in the roadway. >> Yeah, I did. >> Okay, then >> cuz I got to drive in the roadway, right? So, stand right there. >> Okay. >> So, were you guys fighting? >> Do it sound like we was fighting. >> Yeah, it does actually. >> Me? I told you I'm not answering your questions. You said >> All right, stand right here then. >> All right, then. Stop asking the question. >> Stand right here. >> You stand right there. I'm hot. I got on the whole work uniform. Okay, come over here, friend. >> Listen, I'm not going nowhere. So, >> no, you keep walking away from me inch by inch. >> What are you talking about? >> Stand right here and I won't have a problem. >> I've been walking. >> Okay, if you stand right here, I won't talk to you, >> man. Listen, I'm standing right here. >> No, stand right here by your car. I don't have to stand in the shade. You want to stand in the shade? I'm not wrong for telling you I don't want to get in shade. >> No, I have done nothing wrong. >> Okay. Well, please I'm grown. Yes, sir. We're conducting investigation. >> Fred, is Fred sure for anything or is it just Fred? >> Fred. >> Okay. What's your middle initial? >> D. >> D. What's your last name? >> Bernie. >> Bernie. B R N I E >> B U R E Y >> I'm sorry. What was it? >> B U R N E Y. >> Okay. And then what's your date of birth, sir? >> 81095. >> I don't know. I just woke up. I don't know about your car or whatever. My boyfriend info. >> Yeah. Well, that guy came to me because I didn't make that call. I don't have a call for me by name data. >> First name is going to be Fred common spelling. Middle initial is going to be Diaz and David. The last name is going to be Bernie. It's going to be Baker Union Robert Nora Edward Young. Black male date of birth is going to be 810 95. >> Yes sir. officer that threw me on the ground while I was pregnant. And I also have that push in somebody from the officer now. I was pregnant and I'm not doing well. I do not at all. I'm scared for my life. You keep coming up on me. So I'm >> What's your phone number for you, Fred? >> I don't have a phone. >> No phone. Okay. >> Where you stay at? >> Still on the other side. >> Other side? >> What's that address? >> I don't got no address. You don't got no address. >> Are you homeless? >> See what you want. I guess you are. Every time I move, you're moving with me. I don't want you to do that. I'm not moving anywhere. Stay right there. If you leave, you're going to get resisting. >> You help me. I didn't touch him. >> Please >> put your HANDS BEHIND YOUR BACK. >> OH, NO. NO. I DID NOT TOUCH HIM. >> STOP. PUT YOUR HANDS [screaming] NO. >> STEP OUT. >> I DIDN'T TOUCH NOBODY. I WASN'T FIGHTING. >> OKAY, THEN drop that AND OKAY. SO, WHY you doing this to me? And can you talk to me, please? CUZ >> I'M GOING TO TALK TO YOU IN A MINUTE. OKAY. >> OKAY. WELL, I don't like how he's handling me and I didn't do nothing. >> Okay. Well, relax. >> Hey, you if you relax me like we need to go. >> OKAY. WELL, NO. >> RESISTING RIGHT NOW. NO, BUT I NEED Y'ALL. >> I'M GIVING YOU A LAW ORDER. You better step back. >> I'm not doing I didn't do nothing wrong. >> You're not in control of this. >> I told you that from the beginning. >> OKAY, BUT I'M NOT DOING nothing wrong. >> It's on the back. I'M NOT DOING NOTHING WRONG. >> STOP. >> NO. NO. >> STOP. >> NO. >> NO. NO. >> STOP. >> Get Please. This is my [ __ ] >> Can you get Don't let that guy walk up. >> I'm not doing nothing wrong. And you're BENDING MY ARMS. I'M PREGNANT AND Y'ALL WON'T COME DOWN FOR ME. >> STOP PINCHING ME. >> I'M NOT. YOU'RE HURTING MY ARM. >> STOP PINCHING ME NOW. >> STOP HURTING MY ARM. [screaming] >> STOP HURTING MY ARM. I'M PREGNANT. STOP. YOU DON'T HAVE TO DO ME LIKE THIS. >> Stay in the car and >> No. >> Get in the car. >> No. >> GET IN THE CAR. STOP pinching me. >> No. >> Calm down. >> Okay. Well, then you treat me right. >> I'm telling you. Get in the car. >> Okay. Well, Y'ALL DON'T HAVE TO DO THIS. >> GET OFF. You want to make your feet hard. >> And y'all don't have to do me like this. >> Y'all got to call for me. Y'all said I'm wrong. >> Don't kick me. >> No. They not I'm pregnant and they not doing RIGHT. >> YOU IN A SECOND. CALM DOWN. >> I DIDN'T DO NOTHING. CALM DOWN. I DIDN'T do nothing for him. I didn't do nothing for him. No, >> no, NO. >> Stop it. >> No. >> Hey. Hey, don't start kicking. Don't start. >> I didn't do nothing. >> Stop. Then let us do this. >> You're going to kick somebody. It's going to get worse for you. Okay, >> we're going to talk when you get a minute. >> No, we need to get to this. >> No, cuz you SHOULD HAVE JUST TALKED TO me and now Y'ALL HURTING ME AND I'M PREGNANT. NO. >> DAMN. RELAX. >> I'M PREGNANT. Y'ALL GOING TO [ __ ] JAIL. >> Y'ALL ARE GOING TO JAIL. >> GOT A BADLY ILL CHARGE. YOU JUST KICKED HIM IN THE FACE. >> NO, I DID NOT. >> You did? No, I did not. >> You got to relax. You're going to GO IN THE CAR. >> OKAY. SO, WHY DO I HAVE TO LISTEN? >> STOP. Try to breathe for a second. >> No, >> we're going to talk to you, but because of the way you're acting, you have to put a >> Okay, but I wasn't talking I wasn't acting like this. I want to talk to you. >> I want to talk to you. >> I want to talk to you. >> Okay. Please talk to me. for me. Okay. >> Okay. Put me in the car, please. I can't breathe. >> Okay. I'm I'm I'm pregnant. I'm out of breath. I can't breathe. >> Get in the car. >> Get in the car. >> Get in the car. Get in the car. >> Hold on. WAIT. WAIT. WAIT. STOP PULLING ME. I CAN'T BREATHE. >> I'M HELPING YOU OUT. >> NO. YOU JUST DID ME WRONG. >> GET IN THE CAR. >> Get in the car. >> I can't breathe. >> I can't breathe. >> You're You're doing exactly that. >> 503 respond. >> And this one. It's too tight. >> It's too far. We're getting this room. >> This one's too tight for me. >> No. No. We're not gonna play that. You got to get in the car and you out. >> Soon as you get in the car. >> Well, I I can't breathe. >> I'm not pregnant. >> LET ME CATCH MY BREATH. [screaming] >> LET US GET YOU IN THE CAR AND get some AC ON YOU. OKAY. >> SIT UP. YOU'LL BE ABLE TO BREATHE BETTER IF YOU'RE SITTING UP. >> Are you ready to get up? >> No. >> No. >> It's sit up and shot it at the door like this and I was out. >> Try to please for me. >> Try to breathe. >> Can you see this comfy? >> Listen, we can try to as soon as you settle down. Let us get you in the car. >> Yeah, I'm good. Like just bruised a little bit. >> Yeah, you can throw in anything when you're on the ground. >> We'll see if she can uh put all these bodies over me. >> Let me get you in the car. >> No, ma'am. >> Are we hobbling? Yeah, she just started kicking. >> Maybe Dylan can talk to the car me like this. No >> girl from opposite side. >> I need you to started resisting. >> What you're doing isn't working for you, right? all that. What? You You ain't got no scratch. You running over there like she some harm. Like she harming some goddamn body, >> man. Fred, >> you did you did all that for what reason? >> Cuz my partner needed help. >> Your partner ain't need no. That's a [ __ ] pregnant woman. >> Hollering than me, right? >> And you did all that. >> Y'all did all that. I ain't got nothing to say to him. What's wrong here? >> Fred, you still work at Popeye's or not? >> Whatever. >> What it look like? >> I'm just asking. >> Your two eyes can tell you still at my >> Yeah, I'm just making sure. >> Yeah. All right. Now you all calm and [ __ ] >> You right hand or left hand? >> He just asking questions. Just relax. >> All right. >> Talk to him, man. >> So, Fred, what happened, man? >> Find my wallet. That's what you do. Y'all deep enough. Go find my wallet. >> Come over here. Don't >> Ain't nothing in my bag. Can I get my bag? >> It's mine. It's my bag. It's my bag. How the [ __ ] are you going to tell me what's mine? >> Fred, >> I just want to figure out what's going on. >> I like I like I like how you get calm. You could calm and collect with me, but you only do that with her. >> I was calm and collect with you the whole entire time. >> Get physical with her. >> Was I calling you before? Right. >> Whatever. Whatever. >> Yeah, I was because that's why you're saying whatever, right? >> He asked simple stuff, man. >> Yeah, he he was been asking simple questions until y'all came. >> All right, just >> it wasn't like that. >> Whatever. You tell your story. But this is the thing, man. I'm trying to figure out what happened. Like I told you from the beginning, right? If she tells me something that you hate her, >> I said I said you can go off her word. I a go to say to you. I said you can go off first. But she was over here. >> You want me to go off of her? >> I told you she politely told y'all what was going on and what y'all did. >> Just watching real quick. I'm going to go hers. >> She wants me to go off of hers. I want to go off. >> What happened? >> Are you Are you ready to >> What happened? Did he hit you? No, he didn't. That's what I was trying to tell y'all. >> Okay. >> I want his name and number. >> So, we get the call now. >> Shows them just physically fighting. This was the original caller. He was over at >> Norton Apartments next door, but he works at the rec center. >> Okay. He heard the screaming outside, went outside, saw them just hitting each other, pushing each other. Really >> called them and says, "Hey, they're walking over by the rec center towards Ross Norton." They looked outside. He started recording on his sit. All right. >> One going. >> No, I'm going. It's a million, y'all. I'm going. I'm going to take you I'm going take the black metal you want. Okay. >> Uh you put them in whatever cars right there. >> Yo handcuffs. Come on. You the one that told He went over there and talked to her. You the one told him to go off what she said. So catch something. He going to let you know. >> You want all you got nothing that's going to possibly poke me or anything like that? >> Do I look like the aggressor? >> Now if I'm walking if I'm way up here, >> I'm just trying to following me. Do I look like the aggressor? >> Come on now. Really? >> I just have to ask. >> Ask I'm a handcuff like I did something. Well, >> all right. Just take a seat for me. Okay. I'll get the AC going for you. >> I already turn that AC for you. >> Oh, you did lock. >> I appreciate you. Under Terry versus Ohio, 1968, officers may conduct a brief investigative stop when they possess reasonable, articulable suspicion that criminal activity has occurred. Here, city employees directly observed and reported a physical altercation between two individuals. That eyewitness account from an identified third party satisfies the Terry standard for an investigative detention. The male subject, Fred D. Bernie correctly asserted his right not to answer questions. The Fifth Amendment protects individuals from compelled self-inccrimination even during a lawful investigative stop. However, officers may lawfully require a subject to remain on scene during an active investigation. Bernie's slow departure created reasonable concern for officer control of the scene under Terry. The critical legal issue arises with the female subject identified as Ms. Jones before and during the use of force. Miz Jones repeatedly stated she was pregnant. She also disclosed a prior traumatic experience with law enforcement involving force during a previous pregnancy. Officers were therefore on notice of two critical facts prior to initiating physical restraint. One, a claimed current pregnancy. Two, a prior injury during police contact while pregnant. The Supreme Court established in Graham versus Connor 1989 that force must be objectively reasonable. Reason is judged from the perspective of a reasonable officer on the scene at the moment of the decision. Three factors govern the analysis, the severity of the crime at issue, whether the suspect poses an immediate threat to safety, and whether the suspect is actively resisting. The underlying allegation here is a domestic dispute involving a shared BOA misdemeanor level incident. The second factor immediate threat complicated by Miz Jones's size relative to officers and her pregnancy status. The third factor active resistance is present. Miss Jones refused commands and began kicking. Active resistance legally justifies a physical response. That element of Graham is satisfied. However, proportionality remains a distinct question. Force must be calibrated to the actual threat level presented. Applying a Hobble restraint to a self-identified pregnant woman who has reported difficulty breathing carries significant constitutional risk under the 14th amendment's substantive due process protections for detainees under Kingsley versus Hendrickson 2015. Force against a pre-trial detainee is evaluated using a purely objective reasonleness standard. What a reasonable officer would have done, not what the officer intended. No audible EMS request appears in the footage despite repeated complaints of respiratory distress. Department of Justice guidance on vulnerable populations requires medical evaluation following restraint. When a subject reports breathing difficulty, the absence of that evaluation is a documented liability gap. Oh my god, dude. >> What happened? Did she just start kind of >> Dude, she just started freaking out, right? So, they were walking up, right? >> Yeah. I'm going to go stop recording for a second. >> Stop recording. >> You mind just rolling down this window for me? >> Y. >> Thank you. >> Hey, Fred, real quick, man. I just got to read you something. Okay. You had the right to remain silent. Anything you say can will be used against you in a court of law. You have the right to talk to a lawyer and have him or her present with you while you're being questioned. If you cannot afford to hire a lawyer, when will we be appointed to represent you before any questioning? If you wish, you can decide at any time to exercise these rights and not answer any questions, make any statement, you understand your rights. >> Turning to Miranda, Miranda versus Arizona 1966 requires officers to advise a subject of their rights before conducting a custodial interrogation. Both elements must be present. Custody and interrogation. Custody exists when a reasonable person would not feel free to leave. Bernie was physically restrained in handcuffs. Interrogation is any questioning reasonably likely to elicit an incriminating response under Rhode Island versus Inis. 1980 officers began substantive questioning of Bernie at approximately 2 minutes and 30 seconds into the footage. Miranda rights were not administered until approximately 15 minutes and 11 seconds, nearly 13 minutes later. Statements obtained during that window are subject to a suppression motion under the fifth amendment. A court applying Missouri versus Cybert 2004 would examine whether pre- Miranda questioning was used as a deliberate strategy to circumvent the protections established in Miranda. A significant evidentiary development occurs at approximately 15 minutes and 30 seconds into the footage. Ms. Jones when directly questioned denied that Fred Bernie struck her. This directly contradicts the city employee eyewitness account that both individuals were hitting each other when the complaining witness denies the alleged battery probable cause for a domestic battery charge is severely undermined. Officers referenced city surveillance footage from cameras on the municipal property. That footage becomes the dispositive evidence for any domestic battery or disorderly conduct charge without that footage corroborating physical contact. Prosecution based on the eyewitness account alone faces a credibility problem. As for civil liability 42, United States Code section 1983 provides a federal cause of action against any person who under color of state law deprivives another of a constitutionally protected right. Miss Jones may have a viable section 1983 claim based on the force applied after pregnancy was disclosed. The viability depends on whether the force was objectively unreasonable under the clearly established law at the time. >> Okay. You want to talk to me? >> What's going on? >> Okay. So, this is what going on. Okay. So, we get a call. All right. About two people fighting in the park. Okay. It's male and female. Okay. They're fighting. They're arguing. And they said there it was actual physical fighting. >> It wasn't. >> It wasn't physical fighting. Well, who is she to you, man? >> That's my girlfriend. >> That's your girlfriend? How long you'all been dating? >> 3 years. 3 years ago. You fighting with that? >> Is she actually pregnant? >> Yo, we wasn't fighting. >> Okay. Well, I I You understand that it's a city >> facility you guys are at, right? And all city facilities have cameras all over the property. We've already seen the video footage. We know it was physical. It wasn't physical. >> We're just trying to find out who what was it over. Obviously, you said that bag's yours. Was she stealing the bag from you, taking it? >> No, she had the bag. We was at the park. We had the bag. She got out to walk to the store. Came back. She asked me, "Do I have my wallet?" I said I didn't have my wallet, >> right? >> And I guess we I was going to walk to the um to go use the bathroom at the rat, >> right? >> She was following me. Nothing happened. And I was like, "Let me see the bag." And she was like, "No." So I was trying to get the bag, but it wasn't physical. >> I mean, the the camera show otherwise that you guys were actually hitting each other. >> No, no, no, no. >> So the cameras are lying. >> No, it you got to show me. No, it wasn't no cameras. >> I mean, I don't have to show you. I've already seen the city and we have access to those cameras. Y'all ain't Y'all ain't seen no cameras that quick and y'all damn trying. >> We just saw them right now. That's why we walked over. >> So, we got seen hitting who? >> The city employees. We saw both of you hitting each other, but we don't know how it started. >> We didn't hit nobody. That's why we're asking you. We was on each other, but we wasn't hitting nobody. >> How were you guys on each other? >> I was getting the bag. >> Okay. So, you're getting the bag from her. Where was Where was the bag at? >> It was on her. >> It was on her. >> It was right there. >> How were you trying to get the bag, man? >> What you mean? I was trying to get the bag. >> Like, how are you trying to get the bag without actually physically like touching her? Or did you physically touch her or >> No, I'm trying to get the bag or look in the bag. >> So, let me get this straight. So, when you Cuz usually when I get a bag off of something, I have to like physically grab it off. >> You seen how y'all was just trying to get that bag off her and it took all that and y'all even broke our bag. >> No, it's break. >> It's clipped at the bottom. I uncipped it to take it off. So, >> yeah. So, I didn't break it. So, but that's what you know you had to do. Just get the bag. >> I ain't do all that. Like did. But yeah. >> Okay. So, you had to do something back looking to see if my wallet was in there. >> Okay. Oh, okay. All right. And then but then she wouldn't like let you like see the bag or anything like that. And then you got mad. >> No, I ain't getting mad. I was I was I was You see that's when she said uh she asked the people to call the police. >> Okay. So she asked the people to call police and what happened? >> I walked off. >> You walked off. >> Call the police on you probably. >> Is that why she wanted to call call the police on you for something over there? >> Yeah. For the bag. >> Cuz she thought you were probably trying to steal her bag. She's claiming that bag is hers. >> It's ours. >> Okay. Well, I got your payub inside and then I have her wallet inside. >> Right. It's ours. Okay. >> Okay. >> All right. All right. >> You guys live together? >> Um, not really. >> But you guys are in a dating relationship for 3 years. Is this going to be your child? >> Yes. >> Okay. >> I just want to make sure. How long is she far along if she's legit? >> I'm not really sure. I think >> Is she saying she's pregnant to you or have you confirmed it yourself? >> We got to confirm it, but yeah. Okay. Okay. Now, we check we >> Okay. All right. Good. Good. Thank you. Hey, Miss Jones. We're going to get you out of here and get you inside. Okay. Try to get this The primary officer receives a grade of B minus. Initial deescalation with Bernie was appropriate. However, Miranda was delayed nearly 13 minutes into a substantive custodial interrogation. Force was applied against a self-identified pregnant subject without documented medical precaution or EMS notification. The decision to discuss hobble restraints for a pregnant woman in respiratory distress is the most consequential error. Fred D. Bernie receives a grade of B+. He correctly asserted his fifth amendment right not to answer questions. His account remained internally consistent across multiple retellings, a reliable credibility indicator. His account was ultimately corroborated by Miss Jones's own denial of being struck. His primary error was slowly distancing himself from officers before formal detention was articulated legally unwise under the circumstances. Miz Jones receives a grade of B. Her disclosure of pregnancy before force was applied was legally significant. Her exculpatory statement denying that Bernie struck her may be the most consequential statement in this entire encounter. Her active physical resistance, including kicking, provided legal justification for a continued physical response. That resistance extended the duration of the ground struggle and increased risk to herself and to her pregnancy. Three lessons emerged from this encounter, applicable across similar domestic dispute responses. First, Miranda timing matters. Custodial questioning must not precede the advisement by 13 minutes. Premiranda statements face suppression motions that can collapse a prosecution before it reaches trial. Second, disclosed vulnerability requires documented response. Pregnancy and respiratory distress require EMS notification on scene. The absence of that notation in the record creates an avoidable gap in officer accountability documentation. Third, when the complaining witness denies the alleged offense, officers must reassess probable cause before charging. Proceeding to charge over the victim's own denial without independent corroborating evidence exposes both officer and department to liability. 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 do not forget to check out our second channel, Street Body Cam, for even more police interaction and courtroom content.