I'm going to explain it like, why would I elbow a stranger? When? I'm not like trying to be but I am I'm going to advise you of your rights, okay? I'm going to read you your rights, okay? Am I being arrested or something? I'm not saying you're being arrested right now, but I'm I'm advising you of your Miranda rights, okay? So, the other thing I need you to sign Remember when I told you about once. Hello. Hi. How are y'all? Good. Yeah, we got a intoxicated passenger in 41 Bravo. Okay. Hit a passenger that was sitting right in front of her. When you say hit, what do you mean? Like That's what the gentleman claimed. He seated right in front of her and said it was an elbow, a hand. Do you know do do you know were there were there any altercations throughout the flight with her or anything like that? No. He got up to talk to us and after she left to tell us about him that he was causing trouble and I said to him I said, "How much did she have to drink?" Cuz I could tell she was a little bit Uh-huh. And then we had a short conversation and then that's when it escalated. Okay. Were there any flight attendants or anything like that? Flight attendants? No. Okay. No, but when she threw her cup away It was just a vodka and it smelled like vodka. It was a vodka with a lime and it smelled like vodka. So, she came on board during Okay. I don't know if you need this. Right. Okay. Well, do we want to go ahead and get her off the plane? Yeah, she's in the last row on your right, 41 B. Um I know the gentleman does want to claim charges stress charges against her. Okay. So, Yeah. No, and that's what I advised him that he's got to talk to you. And he's right beside her? He's in No, he's in Yeah, we moved her to the last row in 41. He's in row 11. >> He's in 11 11 D and E is husband and wife. >> Can we go ahead and get him off right now? >> Yeah. Okay. Do you want us to get him? Well, can you can you let me know which one it is? I'm sorry, man. What did you say? Oh, I just want to know if you wanted us to get him. Yeah, if you if you don't mind. If y'all just get him for me. He came up to spring Okay. How you doing? Yeah, you know what I got hit? Yes. Okay. We'll talk real quick. I'll talk to them real fast. I can talk to you now while we walk. So, can you just kind of describe to me what happened? Well, it's When she sat down it it it started at the bar in in the airport. Okay. She was trying to get my phone number, which I didn't give her, which pissed her off. Okay. And then uh Are you traveling alone? No, no. Okay. No, my wife. Okay. Didn't make her happy either. Right. I Understandable. Let's walk over here. But then sure enough when we get off the plane she's seated right behind us. Okay. She kept reaching out and touching me and and giving me [ __ ] Which I would have let go. I'm okay. Yeah, if a man did that to a woman Right. All right. But she's reaching out and touching me and giving me [ __ ] And then when she finally gets up to go to the bathroom takes her elbow and just bashes me in the side of the head. And I'm like, "What the hell?" She goes, "Well, y'all are Frontier and y'all are like stealing it." I'm like, "Seriously?" And then she goes to the flight attendants and tells them that we've been screaming at her. Yes, and she said, "Is that your husband?" and pointed at him and I said, "No." And she said, "Good, because he got into it with my aunt. He was a jerk. He's a jerk." And I go, "I don't you know anything about that." Who's your aunt? Some drunk lady that was trying to sit in my seat before I came up here earlier. Oh, no. She is not her aunt. She doesn't like her. Well, and then I told her to put her headphones on and she kept hitting me over and she's like, "Why haven't they given us drinks? You need to tell me when the drink cart's coming." And I go, "No one has drinks." "Everybody has drinks but us." I said, "Nobody has drinks. They haven't come with the drink cart." >> Okay. And she ordered two drinks, which she got both of them and drank Mhm. Then she's bugging him the whole time on the other side. I'm trying to ignore her. She also said something disgusting to you about your wife who's also on the plane. Are you all traveling together? No, we're together and they're both independent Well, your wife's on the >> on the back of the plane. His wife's on the front of the plane. My kids are right next to him. So, did all y'all witness her hit him in the head with his or touch him? She hit me and I said, "Please stop hitting me." And she said, "I have to go to the bathroom. What do you want me to do? Crawl over you?" And she was kind of aggressive with me. Okay. And I said, "Then just ask me to get up." Cuz she was talking to him before and I was like, "Just leave me alone." Like she was drunk. All right. Hey, here. She's right here. Let me get up with her. Listen. She's there in the back. Let's let's get off the flight and then we'll talk to y'all later, okay? All right. All right. Um hold on. I just wanted to throw this away. Like my ears are popping. No, my dad needs to be on the >> What what is that in your hand? My phone my wallet. You threw it like thrown in your bag or something like that? Or they may have a piece of paper since she was saying Why am I being treated like I'm the victim cuz that guy was harassing me the whole plane. Who was that? I don't know. Okay. So, look. Can we walk and talk? I'll let me let me start Yeah, can you are you on phone? What? Can my dad talk to you? Ask me to turn it off as well? Are you an adult? Hello. I'll speak to you. I'm not speaking to whoever's on the phone. I don't know who that is on the phone. Okay. So, look. I'm also here with airport police. I'm I'm here because there's been an allegation that you struck somebody with your elbow in the side of the head when you got up, okay? No. Okay. You said elbow to their To their ear. To the side of their head. That sounds like a backwards like you'd be moving forwards towards the bathroom, which is the only time I got up. Okay. Um You you have your Miranda rights. Can we go somewhere? Dad, what do I do? This guy's accusing me of something. Some like elbow thing. All right. Well, look. Before Just can you talk to me for Before I ask you before I ask you any further questions, I'm just going to read you your rights, okay? Am I being arrested or something? I'm not saying you're being arrested right now, but I'm I'm advising you of your Miranda rights, okay? All right. Can we go somewhere? Do you do you understand the rights I just read you? I need a verbal answer, yes or no. Yeah. Okay. Um are you willing to answer questions or make a statement without without an attorney being present right now? What happened is someone like It's like I just want to ask you these questions. Can we walk a little bit further? I'm I'm sure you can hear me. I can't hear anything that he just said. >> It's just this is so loud. So, look. Look. Look. Let me just finish this part. Let me finish this part. Literally two sentences left, okay? I know that you can hear me. There's no way you can't hear me. I'm not a soft-spoken person, okay? So, look. Are you willing to answer questions or make a statement without an attorney being present right now? After the rights I read to you, you said that you understood them. The next question is, are you willing to answer questions or make a statement without an attorney being present? >> It's well um It's a simple yes or no. Without an attorney? What about a parent? You're an adult. So, I think an attorney would be better at this point. >> Okay. So, you're not willing to answer any questions. Are you willing to talk to me about the allegations that are made against you? Can I ask my parents? I'm asking you. Are you an adult? I think Are you an adult? Yeah. Yeah, yeah. I was showing my parents though. Okay. On the phone they were on the phone. I just need you to answer this one question. Do you have your ID on you? Yeah. Yeah, I know. That's why I don't I want to not talk about this but I don't even know what happened to him. >> So, you So, you don't want to answer any of my questions. Without a lawyer, no. Okay. All right. So, now I need your ID, okay? It's so embarrassing. Can I have my phone back at least? This is not on your schedule, okay? Yeah, I Yeah. Okay. Do you Do you have your ID on you? Yeah, of course. Look, I'm not I'm not trying to embarrass you. I just have a job to do, okay? No, you're fine. Here. Merry Christmas. I'm sorry. I'm so confused with I just can't think. All right. So, is your Ma'am. Ma'am. Okay. Ma'am. Ma'am. Is your name Katherine or Catherine? What is it? Catherine? Catherine? Okay. So, what we're going to do is So, I read you your rights. Are you willing to at least give me a written statement about what happened? I just said what happened. You don't remember? It's not that I don't remember. To my knowledge I got up one time to go to the bathroom in this whole flight. That was the row in front of me. Okay. From what I heard from most people that were making fun of the Were you sitting aisle, middle, or window? I was sitting behind him. It's like the plane was a little like shaky. Were you aisle, middle, or window? I was um middle and so there is this elbow thing. This guy was just Yeah, I mean he made me >> So, you got up you got up to go to the bathroom, right? Why would I intentionally elbow a stranger? I don't know him. Okay. It was like he said The thing is you want to plead your case now and I just read you your rights. Yeah. I don't need you to say anything. Misdemeanor. Underneath the law runs deeper Miranda invocation, the booking [music] exception, and Florida's notice to appear framework. Under Berkemer [music] versus McCarty, Miranda attaches only when custody and interrogation meet. She was detained, [music] not yet arrested. Early advisement wasn't required. The officer did [music] it anyway. Smart call. Any earlier statement would have been suppression bait. Her words, [music] "I want to not talk about this without a lawyer." cleared the Davis versus United States bar. [music] Hedged phrasing like, "Maybe I should talk to a lawyer." gets you nothing. She got this right. And you're telling me you don't want to talk to Dad, are you on there? Listen. If you want to talk to me, then I'll have to read you your rights, okay? Do you understand that? Did I give you your Miranda card back again? Dad, what did I do? Can you just help me? They're asking I don't know from what I recall. That's like what I didn't like I don't know what I did. How much have you had to drink? How much alcohol? This one drink. What about What about prior to getting on the plane? Were you at a bar? But I'm not supposed to be talking to you without a lawyer, right? Well, again, you're trying to tell me and please your case. I know I just I didn't know what I did till like right now. So, I'm going to read you your rights one more time, okay? I'm just so afraid. Like I'm so frustrated. Just take a breath, okay? Take a breath. Dad, are you there? Yes, yes. Can we just sit down? Just take a breath, okay? Just let me read this to you. I'll make you a deal. I'll read this to you and then we'll walk up here and I'll let you sit down, okay? And whether you talk up there or not is up to you, okay? But I'll read this to you one more time. You have the right to remain silent. Anything you say can and will be used against you in a court of law. Yeah. Are you willing to answer questions or make statement without an attorney being present? No. Okay. So, do you want to Do you at least want to Do you want to give me a written statement about what happened on the flight? Because honestly, it's news to me. Even my parents are talking to the flight attendants. You know who I am. This is my mom. Either I can tell you what's going to happen in here or we can go [clears throat] out there and I can tell you. What's my situation? So, look, I'm going to tell I'm going to tell you what's going to happen right here. So, first option is I can take you to jail right now. I have every reason I have everything I need to take you to jail right now. I have a victim and I have two witness statements being filled out right now, okay? And everything that you told me just matched up with exactly what they told me, okay? You were sitting in the seat behind them in the middle aisle and you said, "Oh, it's like I would have to be in front of them." No, when you try to get out of the aisle, that's when you elbowed him, okay? Purposely? And you said And what they're telling me and witnesses are telling me that you said, "Oh, you're on a Frontier flight. Deal with it." After you something with his elbow or his your elbow. So, what's going to happen is I can take you to jail. However, what what's going to happen is I'm going to direct file it with the state attorney and let them see if I have enough probable cause and they're going to issue a warrant for your arrest for simple battery. Can we walk out of here? I need to sit down. I don't feel well. Now, look. Now, if we walk out here and you try and you try to take off running or something like that, then you're going to You can like walk with me. Dad, get the lawyer on the phone. This is ridiculous. Look, I've been on planes and planes before. You know what I'm saying? Okay, well, then that person should have went to jail, too. No, no, what he did wasn't intentional. That's the difference between a shaky plane. It was the plane grounded? And I'm trying to prove you wrong. Just I hate it. I have witnesses saying that you were sitting there kind of constantly pestering him asking about when the drinks are coming out, trying to something about phone numbers with this guy, everything. He was Okay, look. I don't want to fight with you cuz let's just go with the version of the story that includes you being right. No, no, no. I want to go with the correct story, okay? I'm not just making up a story. Can we just walk out of here? I feel I'm feeling like really trapped. I'll talk to you. Let's get a bottle of water. I want to talk. Once invoked, Edwards versus Arizona shuts down officer questioning. But Edwards silences the cops, not the suspect. [music] Her continued volunteering counts as reinitiation under Oregon versus Bradshaw, admissible at trial. Asking for a license isn't interrogation. Pennsylvania versus Muniz carves out a booking [music] exception and the officer stayed inside it. Her request for a parent instead of an attorney deserves a direct answer. For adults, right to counsel means legal counsel. No parents, no spouses. That's doctrine. So, do you want to give me a statement about what happened? A written statement? You're right. Yeah, it's just my dad, not a lawyer. What? Yeah. I just Whatever. Leave me going home. What? Okay. Okay. And if it's a misunderstanding, say that. Of course. What is that I don't know this guy. It's not like I like victimized someone. Be very brief and succinct in your statement. Do you think it's like Okay. I will. I just I I wonder why this person is doing this. Like what did I do? Let's Let's Let's Yeah, you're talking to your dad. Just talking to your dad. I didn't know cuz I've never been in this situation. I'm so confused. It's extending this further than it All right, Dad. All right. I got to go. I'm Well, you can say I'm Let me write the statement. Do you Do you want to give a written statement? And then I can leave? Yes. All right. Come over here. Cuz you You're not going to be able to write sitting down. So, he's trying to say I like intentionally hurt him? I've read you your your rights twice. I just want to know what the act like I was charged with. I've I've told you that. I'm just trying to breathe this. I just What is he's trying to say I did? Hit him? Elbowed him? That you elbowed him in the side of his head. Intentionally? Yes. All right. That's insane. I don't even know him. Why would I do that to a stranger on an airport? I don't know. I don't know. That's crazy. I wouldn't call it turbulence, but like strong like movement of the plane. What's a good word for that? Like I can't assist you in this statement. I'm just trying to explain it like Why would I elbow a stranger? Winds. I'm not like trying to be I don't even know this happened. Yeah, that's right. No. All right. Hang on. So, the other thing I need you to sign. Remember when I told you about the perjury? All this is saying is that you You swear in front of me that the statement that you give me is true and accurate, okay? So, select that. Let me double check, but I'm 90% sure it is. And that's my statement. That's just X paper work. Do you need to read your statement? Hey, I'm just going to do I'm going to do an NTA. No, yes. Let's do it. Well, yes. I'll read it. I'll sign it. It's right. I just wanted some water. Okay. We'll get We'll get you We'll get you a water. We'll get you a water. So, look. Do you want to sign this? Do you want to sign this? It's just saying that you can answer this. I have to read it, but what's an ND whatever? It's a notice to appear. It's like It's a form of an arrest, but it's not a physical arrest, okay? Whoa, whoa, whoa. You're doing this to me? Yes. I have to go to court? Yes. For what? For misdemeanor simple battery. Wait, what? Okay. With what evidence? I'm going to sign this. But with what evidence? Victim and witness statements. How could I have pulled You guys wouldn't listen to me. The guy next to me I had three witnesses. It's either NTA or go to jail. Right now is not the time to ask questions, okay? Do what's being asked. And then later on when you go to court, those are the times to ask your attorney. Those are the times to ask. Right now is not the time. We can't answer We can't answer those questions right now, okay? Okay, lawyer. Okay. You're right. Thank you. I'm sorry. No, you're good. What are we saying? Geez. All right. So, you You're going to have to hang tight. I got to go back here and do some paperwork and then we'll get you out of here, okay? You said if I did all this I could leave. I'm really I have to go to the bathroom. I'm like I have to like I mean Like I said. And I Can I please go? Can I just sign Yeah. You just escort her to the bathroom and then if she wants to get water I'm going to go back here and do an NTA. You just asked for a water, did you not? Because I have to give you some paperwork, okay? And then you'll be on your way. Yeah, so this is what we're going to do. We're going to Hello. Hello. Hello. Look, again, if you try to take off or anything like that, if you refuse to listen, tell him you're going to jail. I'm not trying to like run away. I just have to go to the bathroom. Yeah, I believe there's a water fountain here. I was going to make a joke, but I'm afraid of a joke. Are you not listening to me cuz I feel like you're not listening. We're going to go to the bathroom. Okay, okay. You're going to go to the bathroom, do what you need to do, and we'll get you a water, and then we're going to come back here. Do you understand that? I do. Perfect. Let's go ahead. But can you not Can we ask like this is more of a police escort rather than mandatory cuz I'm really embarrassed. All right. Well, you're going to be with him. I'm going to go do some paperwork. So, this guy's like pressing charges against me for elbowing him cuz they just said he can't get money. So, what's the point of that? I don't know. Look, that's the same thing that you're getting right now. Simple battery under Florida [music] statute 784.03 takes intentional unwanted touching. >> [music] >> No injury required. No force threshold. An elbow to the head lands squarely in the statute, up to 1 year in county jail. [music] The notice to appear under Florida rule 3.125 isn't a favor. It's a statutory alternative [music] to booking, carrying identical legal weight. Named victim plus corroborating witnesses cleared Illinois versus Gates easily. The officer earns a B [music] plus. Witness first sequencing, dual Miranda advisements, refused to coach the statement, >> [music] >> no force used, small deduction for brief reengagement after her invocation. The subject earns a D plus. Boarding drunk, harassing strangers, [music] striking one of them by serious conduct. A clean invocation and completion [music] of pre-trial diversion under Florida statute 948.08 earned dismissal. Three takeaways. One, invocation [music] has to be unambiguous. Davis doesn't forgive hedging. Two, invoking counsel stops the officer, not the suspect. Three, for adults, >> [music] >> no parent substitutes for a lawyer. Ever. Let us know if there is an interaction or legal [music] 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 [music] content on police court interactions.