Joseph, stop. >> Joseph, >> Joseph, let's go, buddy. >> Joseph, what are you doing? >> What are you doing? >> He's rolling over. >> Joseph, put your hands behind your back. >> Joseph, stop. We're forcing these guys, too. >> Place your hands behind your back, Joseph. On October 17th, 2024, Albuquerque Police Bike Unit responded to a gas station for a repeat trespass call. The subject was identified as 68-year-old Joseph Cordova. What began as a citation contact escalated when dispatch confirmed multiple outstanding felony warrants. Cordova resisted arrest and spat on officers. Two weeks later, all charges were dismissed. Here is what the law says about every decision made in this encounter. >> Bike 72 PD >> bike 72. >> Can you please show myself and bike 71 on a 31 SAM at 3801 central? >> The suspect was identified as 68-year-old Joseph Cordova. >> Joseph, why are you still here, dude? We ask you to leave every day. Okay. So, here's what's going to deal. Stay seated for me right now. Joseph. Joseph, stay seated. Okay. At this time, we're going to we're going to write you a citation, okay? For hanging out here. All right. So, just hang out here. Let us give you that citation and then you'll be good to go on your way. Okay. All right. I appreciate it. Just go ahead and stay seated, Joseph. Okay. Don't get up. Huh? >> Water. I'll look when we're done. I'll see if I have some water. Okay. So, I just want to let you know though. Okay. So, we are going to write that citation. Okay. So, this time you're not free to go because we have to write the citation. I just have to say this, Joseph. Okay. So, if you try to like run or fight, force will be used against you. I don't want to have to do that. Okay. I don't think you want to go that route either. All right. So, Once we give you the citation, I'll see if I have a water The initial detention was a lawful investigative stop under the fourth amendment. Officers had reasonable articulable suspicion based on the trespass report. Satisfying Terry versus Ohio. Cordova was not free to leave while the citation was being processed. That is a lawful temporary seizure. Officers provided advanced warning that resistance would result in the use of force. This was legally appropriate and consistent with Albuquerque Police Department use of force policy. Standard operating procedure 252. When dispatch confirmed the felony warrants, the nature of the contact changed entirely. An outstanding arrest warrant constitutes judicial pre-authorization for custodial arrest under the Fourth Amendment. The United States Supreme Court reaffirmed this in Utah versus Strife 579 United States 232 holding that a lawful arrest warrant purges the taint of any prior Fourth Amendment concern. Officers were legally obligated to execute the warrant. Discretion to release Cordova did not exist. >> Huh? >> Where is your number? >> Where's the what? >> B number. >> The B number. >> I don't know what you're referring to, brother. I'm sorry. How's it going? >> While issuing the citation, dispatch informed the officers that Joseph has multiple felony warrants out for his arrest. >> Some food. >> Okay. Just one sec. Okay, we're checking some things here. Joseph, >> just waiting for the radio. Joseph, >> I'm going to see if I have a a water and that'll help. >> Huh? >> Did you ask for one? >> Yeah. >> Okay. >> I should have a >> Here, Joseph. That's all I got, bro. >> You're welcome. >> After waiting for dispatch to confirm the warrants, officers attempted to place Joseph under arrest. However, Joseph refused and began resisting. >> All right, Joseph, you're under arrest for a felony warrant. >> Don't if you try to fight if you try to fight force abuse against you. >> So, hey, Joseph, listen to me. You have a felony warrant. Okay. idea. >> So, we have to take you to jail for that. Okay. >> Like my partner said, if you try to run or fight, force will be used against you. Let's make this easy. Okay. Joseph, >> just place your hands behind your back for me. Okay. >> Place behind your back. >> Drop the >> Let's go, Joseph. >> Come on, Joseph. >> Joseph. >> Joseph. >> Joseph. Let's go, buddy. >> Joseph, WHAT ARE YOU DOING? >> WHAT are you doing? Put your hands behind your back. >> Joseph, stop. The force will do what you guys do. >> Place your hands behind your back. Joseph. Let go of your hands. >> Let go of your hands. I just >> Okay, Joseph. >> Been moving. Joseph, stop. >> Trying to lock your cuffs so they don't tighten up on you, man. All right, >> Joseph. >> Joseph, as soon as you settle down, I can lose your cuffs to make him a little bit more comfortable. >> I need you to settle down. I can't have you fighting us. I need >> Do you want to sit up? I love you. >> Why don't you sit up? >> Get off your stomach. Sit up. >> Joseph, >> I told you. >> There we go. >> Hey, what do you mean? >> Just combat secret. >> Yeah, it's not just trash. Is that bunch of >> trash in this here? >> Yeah. >> Better. >> Yeah, it's just trash. >> Get a couple other gloves. >> All right, Joseph. Come on. >> Hey, >> Joseph. >> Hey, you have a felony warrant, brother. There's nothing we can do about that. All right. When Cordova refused commands and physically resisted, officers applied the use of force continuum correctly. They escalated from verbal commands to soft empty-hand. No weaponized less lethal devices were deployed. No strikes were observed throughout the entire encounter. The governing standard is Graham versus Connor 490, United States 386, 1989. Force must be objectively reasonable from the perspective of a reasonable officer on the scene at that moment, not judged with the benefit of 2020 hindsight. The court identified three factors. The severity of the crime, whether the subject poses an immediate threat, and whether the subject is actively resisting. All three factors here supported the level of force applied. Felony warrants, active resistance, unpredictable behavior. Cordova spat on officers after being handcuffed. This is not a minor infraction under New Mexico statutes. Section 30 22 24. Battery upon a peace officer is a fourthderee felony when it involves contact with bodily fluids. Spitting is explicitly recognized by courts as constituting unlawful battery under this statute. The charge was legally sound. Officers responded by applying a spit protection mask. This is standard protocol under these circumstances. The spit mask is a lawful officer safety measure, not a punitive device. Its application here was appropriate. Squish. Squish. >> Hey, >> Joseph, we got to get you in the back of the car. Okay. So, you want to help stand up? >> Come on, buddy. Let's stand up. >> After getting Joseph into handcuffs, he decided to spit on the officers. >> Good job. >> Over here. >> Oh, don't spit on me. That's another charge. >> Spit. Nice wish. Main one wish. Main one wish. >> All right. >> All right. >> Sit in the car, Joseph. >> Sit in the car. >> Sit in the car, Joseph. Joe says, "Sit down in the car." >> Sit down in the car. >> That just got my eye, dude. That's good. >> [ __ ] >> dude. So, we'll try that. All right, Joseph, we got to put a mask on. You all right, bro? You have to wear that cuz you're spitting on us. >> Life, >> I didn't appreciate you spitting on my face, dude. >> Joseph was transported and booked into the Metropolitan Detention Center on charges of battery on an officer and criminal trespass. Court records indicate that 2 weeks after his arrest, Joseph was ruled incompetent and as a result, all charges were dismissed. Court records indicate Joseph has a lengthy criminal history which include charges of aggravated battery, child abuse, and burglary that date back to 2009. Court records also indicate that in April of 2025, Joseph was arrested three times for shoplifting and criminal trespass, followed by another two arrests for separate criminal trespassing incidents. thought I had good rapport and the second we told him he's going to jail for his warrant. Nope. >> He doesn't like it. >> Didn't like that. >> Regarding the criminal trespass charge, New Mexico statutes, section 30 14 1 prohibits remaining on property after receiving a lawful directive to leave. Cordova had been warned repeatedly. The citation was legally sufficient for detention. When warrants were confirmed, it became legally irrelevant to the arrest authority. The warrant provided independent and complete grounds for custodial seizure. Cordova's resistance also implicates New Mexico statutes. Section 30 22 1, which criminalizes resisting, evading, or obstructing a peace officer in the lawful execution of their duties. There is no legal right to physically resist a lawful arrest in New Mexico. Resistance only compounds criminal exposure. 2 weeks after booking, a court found Cordova legally incompetent to stand trial under Pate versus Robinson. 383, United States 375, 1966. An individual who cannot understand the proceedings against them or assist in their own defense cannot be tried. The competency ruling triggered mandatory dismissal of all charges. This is constitutionally required, not discretionary. The dismissal does not mean the officers acted unlawfully. It means the legal process responded appropriately to a subject who lacked the mental capacity to participate in criminal proceedings. Officers receive a grade of A minus. Legal compliance was strong throughout the encounter. Deescalation was genuine and sustained. force applied was proportionate and within constitutional parameters. Minor deductions for post-arrest candid remarks that could present a professional appearance concern. Joseph Cordova receives a grade of D. He resisted a constitutionally valid arrest. He committed battery on a peace officer, a fourthderee felony. The competency finding provides context, not legal justification. The subsequent competency ruling reflects that Cordova's conduct was driven by cognitive impairment, not deliberate choice. This case highlights three critical lessons for law enforcement and the public. First, mental health crisis indicators must be assessed early. Cordova's repetitive vocalizations during the struggle may have signaled cognitive impairment. Crisis intervention training protocols recommend early identification. Second, outstanding warrant checks during citation contacts are operationally essential and legally consequential. Warrant confirmation transformed a civil citation into a mandatory felony arrest. The check was the turning point. Third, bodily fluid battery carries felony level consequences. The public should understand that spitting on an officer is not a minor act of defiance. It is a felony under New Mexico law, prosecuted as seriously as physical assault. Let us know if there is an interaction or legal topic that you would like discussed in the comments below. Thank you for watching. Do not forget to check out Street Body Cam for even more police interaction and courtroom content.