On February 8th, 2024, Bloomington, Illinois. Officers respond to a domestic disturbance. A woman's mother reports her daughter has a black eye. The couple is found at a supermarket. >> No, where's that female that you were just with right now? >> I don't know. She's in the bathroom. >> Hey, she what's her name? >> Uh where she at? Where you at? 16 >> How you doing? Do you want to go talk to my officer over here? Yeah, she is. Over here. >> You don't have to. You do know that. >> What's up, man? What's going on? Why don't you want to talk to us? >> Cuz we have no reason to talk to you guys. >> No reason? >> We were shopping for medicine for her mom. >> For her mom? I thought it was for her. >> Well, no. >> Nelly, we're in aisle 16. Hold on, man. >> I'm with her. >> No, you're staying right here. Get away from her. >> wife. I'm coming with her. >> No, stay away from her. >> That's my wife, bro. >> I don't care. >> Hey, babe. Come here real quick. >> No. You need to stop. >> Hey, babe. His ass tweaking. What the [ __ ] >> to stop. >> Come here real quick. >> Please. >> No. I want you to talk to my officer. >> don't have to listen to him. You didn't do nothing wrong. You listen to me. I'm your husband. [ __ ] him. >> What the [ __ ] is going on? Why >> I will explain it to you away from him. >> Babe, come here. Please. Babe, don't do that. Don't let them control you. Stay here with me. I need you to be >> try to control her right now. >> Yes, my wife. Of course. What you mean? >> Okay. Babe. Hey, babe. Babe. >> Stop walking over there. We need to talk to her alone. I will tell you exactly why I'm here. >> Mom called >> So that he she has a bruise on her. That is why I'm here. >> Okay. >> So now we are investigating a domestic. Okay? >> Okay. >> That is why I need her away from you so that she can talk to the officer. >> All right. Well, come on. >> Why does she have a bruise on her face? >> She didn't answer the door. She's working at the car where her brother and [ __ ] >> Um where is Where's that at? >> I don't know where her brother lives. I don't know. Or where her dad lives. They all go over there. She works on the car and [ __ ] >> Okay. Why wouldn't you let her come here alone? Just to get something for it. >> Huh? I was driving first. I came back to get her. >> Okay. >> So, why do you want her like completely in your sight right now? >> Because you guys are here and I don't know what the [ __ ] going on and she's walking away. That's weird. >> Okay. >> Do you have an ID on you? >> No. >> What's your name, my girl? >> Devante. >> See, and then when I asked if you were Devante, you told me no. How do you spell your name? >> D v o n t e >> What's your last name? >> Turner. >> T u r n e r What's your middle initial? What's your date of birth? You guys have any like an order of protection against each other or anything? How long have you guys been married? >> We've been married about a couple months now. >> Okay. What's your phone number? Where do you live? >> Chicago. >> Where's that at? >> Well, actually I just moved with her, so >> Okay, where does she live? >> Bloomington. >> What's the address? >> I have no idea. >> Okay. Where are you working at right now? >> Uh truck driver. >> For what company? >> Moo Moo. >> m o o >> m o e >> Where's that at? >> Joliet. >> I'm going to get you. >> Hm? >> [snorts] >> That won't go through. >> 37 1 by my name and date of birth. Last is Turner, Tom Union Robert Nora Edward Robert versus Devante David Edward Victor Ocean Nora Tom Edward middle is E Edward. So, how long ago did she get that? When you picked her up today, you're saying that's how she got it? >> like damn near 2 weeks old. >> 2 weeks old. Okay, when was the last time you guys saw her mom? >> We just left her crib. >> Okay, but prior to that? >> What do you mean? >> So, you just left the house, you just saw her. When was the last time you saw her prior to that? >> Yesterday. >> Yesterday? >> Yeah, we were just in the house. >> Okay. So, if it's been a couple weeks old, how did mom just notice it on her face right now? >> just now told her like a couple days ago. She didn't notice it just now. That was She was like 3 days ago. She just told her [music] that. >> I'm not tracking. >> Like she just told her 3 days ago, but it's like a week and a half old. >> Okay. But you just said that you just saw her yesterday, and mom's saying that she just saw it tonight. It was the first time that first you >> a lie. She's seen that [ __ ] a couple days ago. >> Okay. >> I was there when she told her about it. >> Well, yeah, I'm not doubting that. >> I'm missing What How did she get a black eye? >> She hit her face on a door when she was working with her brother. They're working on her car at her dad's house. >> What do you mean, favorite? Because I was off to surprise her. Well, of course, it's okay. >> It's hot. I was I was confused but I was like I thought we was going to get medicine. I don't know what's going on. >> All right. Is there any reason you wouldn't let her go by herself? >> Yeah, cuz that's my wife. And y'all about the cops here. And I don't know what's going on. >> You're not married. >> We are. >> You are? >> Yeah. >> When did you get married? >> I got married a couple weeks ago. >> Okay. That's not what I've been told. >> We went to the courthouse. >> Yeah. Does anyone else know that? Yeah. Who else Who else knows that? >> Our sister. >> Okay. But mom doesn't know that. >> Our mom knows that. >> Got you. Okay. You said that like Sounds like it doesn't add up. >> To who? What are you asking? What are you What are you saying? What are you asking? What What are you saying? >> Yeah, man. I'm just saying you're saying that you're married, but everyone else we talked to doesn't doesn't know doesn't have that information. >> Oh, you're talking about the mom and stuff? >> Yeah, all of them. >> They don't think >> Um >> Maybe she just went to the courthouse. She don't mean to tell you that. >> Okay. >> All right. Um You had some OPs. >> I got some OPs? >> Yeah, some past OPs. What were those for? >> I don't know. >> You know what an OP is? >> Yeah, I know what I've had them like in my past and stuff like that. >> Years in the past and stuff? >> Yeah. >> What were those for? >> I don't know. She didn't probably I think that's like a standard that they do. Like when you touch the nasty you get automatically put on a order of protection. >> Got you. Okay. >> I never had like I never had someone like place an order of protection. >> Okay. Uh so many messages you've been a part of in the past and uh What's that? What? How was that like make multiple OPs? >> I have no idea. Cuz I think I had an aggravated battery and then in the nasty and then How many OPs is >> A couple. >> I had an aggravated battery in the nasty. The aggravated battery was a public situation so I don't >> Okay. >> I have no idea how they do that. >> Okay. >> I know for a fact that I don't have any like actual OPs or something like that I do or special orders person. >> Okay. Got it. How long you guys been together for? >> We got almost a year now. >> A year? >> Yeah. >> Oh. Some guy. Um do you have her information at all? >> I have his info already if you want to go talk to her. >> All right. Just >> Babe. Babe. You okay? >> Oh yeah. >> Does your brother live in town where this happened at? >> Yeah. What the uh with the door? >> Mhm. >> Yeah. >> Was he there? I mean, obviously he was there when it happened. So, if I call him and I ask him, he's going to tell me the same story? >> Yes, sir. >> Do you have his phone number? >> No, I don't I don't have my brother's number. >> What's his name? >> Austin. >> Austin? This is about a week ago. At the at his house? >> At our dad's house. >> Mhm. >> What's your name? >> Officer Zavala. >> Zavala? >> Mhm. >> What's your badge number? >> 12756. >> 12756. >> I don't know if I don't know if I said it prior, but I've had a body cam on this whole incident. >> That's cool. Glad though that y'all should. >> You [music] understand our suspicions though, right? We're investigating a domestic. You don't want her anywhere near us. You want to kind of control her right now. I'll just figure out where she's going. >> this is like y'all was trying to like create a domestic situation. And it was like that's not even what's going on. >> That's not it. I told you that we needed to talk separately and you were just refusing to let her just walk away from you. >> Yeah, because I'm trying to figure out what's actually going on. You telling me that you need to tell me you need to talk separately. That's not telling me anything. >> Tells you why. >> That I just need to talk to you separately. It's It is what it is. >> That's all that's telling me though. It's not telling me why. >> Exactly. Once you guys separate, then I can tell you exactly why I'm going to talk to you. >> Right, but that's my wife and I [music] want her to be near to me. That's where I want her. >> Babe. Babe. >> Dude, stop talking to her. We are talking to her. >> I'm going to still talk to her. Babe. >> You're distracting her at this point. We're investigating domestic violence, so no, you can't. We're separating you. That's how we do our job. So, you don't have the right to talk to her right now. So, >> Under what grounds? >> We're investigating domestic violence, where she's the victim and what >> This sucks. That's fine. So, what now? >> That doesn't mean I can't talk to her. I have been moved, so that's why. >> Okay. Well, we're still going to end up together after this, so. Hey, babe. >> Dude, you need to stop, cuz at this point, you're going to be obstructing our investigation. >> I'm not obstructing the investigation. >> You are. We just told you you cannot talk to her. What are you not understanding? Yes, we are. >> talking to her, ain't you? >> Yes, we are. >> Okay, so I'm going to >> it. You're obstructing it. >> If you I'm not preventing you from talking to her. >> Yes, you are. You are trying to get her attention, actively preventing it. >> You can still talk to her, though. >> Okay. I'm not going to play this game with you, dude. >> It's not a game. It's actual facts. You can still talk to her. Can you not? >> No, we can't. >> Yes, you can. >> Cuz you hollering in her ear, scaring her, doing whatever. >> scaring her. I'm trying >> Trying to sway her on what her answers are. >> trying to sway anything. She knows >> I can articulate this all day if you keep on wanting to go back and forth on how you are obstructing my investigation. >> That's not my assumption. >> cuz there's no grounds >> that that that rectifies that. >> We'll see how far this gets you. >> Okay. >> It's going to get me right back in the car on the way to the crib. >> Okay. >> What up, everybody? Want to do me a favor, stand up for me real quick? >> And what's happening? >> Well, you're going to be placed under arrest for battery. Okay. Can you stand up? >> Excuse me? >> Who is that the charges she wanted to press? >> Nope. She said she had no statement. So, hands on your back. >> So, how does she have no statement? >> We have probable cause we shall be making an arrest. This is the law. >> All right. What's her name? >> Doesn't matter. >> I got her keys. >> We'll take them to her. >> What happened to the no statement? >> Nope, she said she doesn't want to. >> I have a gun on me, too. >> Where is that at? >> In my pocket. It's not mine, though. It's hers. >> Yeah, I got them right here. >> She secure? >> Yep. >> Hey, babe. Hey, babe. Hey, you know they taking me to jail, right? >> That's good. >> Hey, babe. It's okay. You can talk. I'm not mad at you. >> Just watch your step, man. >> They taking me to jail cuz they say they got probable cause. You hear me? And they got the pipe. >> Go ahead, John. >> All right, man. I'm going to You okay, though? You hear me, babe? Hey, don't let them They can't control you. You ain't under arrest. You ain't got to listen to [ __ ] they saying. You hear me? Babe. Babe. You not under arrest. You don't got to listen to they ass. >> Get him out of here. >> You don't got to listen to them, babe. You hear me? Baby. where did you go? They trying to take you away. Hey, look. All you got to do is come TO COURT AND TELL THEM they are lying. They trying to lie about this [ __ ] You okay? You okay? I LOVE YOU. I LOVE YOU. I love you. >> All right. Um, who's got the pepper spray, too? >> I got it. >> I love you. I got it. Stand by. He's fighting. >> I love you. >> You you handle the pepper spray. You handle the gun. I got him. I got him. Sir. >> Hey, babe. >> Is he armed? >> Hey, you see what they doing? >> Come on. >> Hey, you see what they doing? YOU BETTER COME RECORD THIS. >> We all GOT BODY CAMERAS. >> YOU BETTER COME RECORD THIS. YOU SEE THIS, BABE? >> YOU GOT THE SHACKLES? You going to need them. With me, I don't fight. I'll go. To be honest. I don't care. I'm the first one in the joint. Well, if you've been in the joint, you're not going to be allowed to have a firearm. >> I guarantee you I'll get out. I don't give a [ __ ] This ain't [ __ ] but time. Get the [ __ ] off my property. >> Go to 22. >> Hey, can I get my property, too, then? >> Have we got to get search on him? >> No. No. >> Hey, uh, lay him down right here. Good job, guys. Hold him right there. >> You stop. No, I'm getting arrested for nothing. >> Stop. >> You're saying you have probable cause, but there was none. That's why I'm resisting. >> All right. I I got his his property. Okay. >> Let's get him shackled. >> All right. >> Duncan, where are your keys? >> On my hip. >> Okay. >> That's why you got that work on in nature. Cuz they nothing there. >> Yeah, I know you. You black, [ __ ] This is a [ __ ] walk in the park for you, they ass. Windy. And you got the holes. So that's jujitsu [ __ ] It's crazy all this could happen and you still get up the next day. You get to walk in >> If you get into the joint, you got a pistol on you. That might not happen. >> Want to bet? >> I can bet on your freedom there, partner. >> I know. I just be the one out laughing. I'll be the one out laughing. >> Two pockets. Yeah, you got the other 32, right? >> Get my gun out of there. >> All right, we get his right side pretty good. >> All right, you got me. >> You said yeah? All right, let's search this on the right. >> Right side here? >> All right, let's search the right side. >> All right. No more uh >> Roll him on his side. >> No more games? >> Yeah. >> All right, my man. >> Y'all got me. But, I got to admit it. >> Um >> First thing I want to believe >> Let's see if >> this thing happening. You know, the denial stage. >> He's going to get charged by Jewel for the game. Okay. Um we're going to roll him over on the side here. >> Look, what's not right here? >> To your Yep, our left side, man. Left side, right there. All right. >> Y'all I my shoes and [ __ ] too. >> I'm on my way. >> Yeah. >> I'm not sure either. >> All right. >> All right. Back good? Pants good? >> I'm going to need you to check the other side. >> All right. You got anything on that side? Let's just double check it. >> All right. I'm good there. >> All right. We go right in. >> Okay. >> All right. We're going to stand you up, all right? >> I don't know. Want to go right now? All right. This side. You know, turn around. All right. >> He took my uh put my coat back up over me. Take care of it. All right, man. The back one. Nope. Give me that. >> I only got one of the pockets, but >> No fool. You got that pocket? >> Yeah. Let me get those. >> All right. I'm good on my side. >> Look at you behind me trying to do my slides. Where you going? >> All right. Zip it. >> Let me get those slides. >> Yeah, they're working now. Thanks, dude. >> The contact started consensual. Turner was not detained, not under arrest. Under the standard the Supreme Court said in Florida versus Bostick, a consensual encounter becomes a seizure the moment a reasonable person would no longer feel free to leave. That line crossed gradually here through physical positioning, direct commands, and the sustained instruction not to speak to his wife. No handcuffs required. The Fourth Amendment clock started long before the formal arrest. Illinois law permits warrantless arrest for domestic battery under 725 Illinois Compiled Statutes 5-107-2. An officer does not need to witness the offense. Reasonable grounds to believe it occurred are enough. The mother's report, the visible facial injury, and the inconsistencies in Turner's account of how it happened collectively satisfy that standard. Under Illinois versus Gates, courts apply a totality of circumstances test. A tip corroborated by physical evidence clears it. Turner's timeline kept shifting. He said the bruise was 2-weeks old, then the mother noticed it a couple days ago, but he also saw the mother the day before. A trained investigator notices when the story can't hold its own weight. Turner was not in custody when he answered those questions. No Miranda warning was required. Miranda attaches to custodial interrogation, a formal arrest, or a deprivation of freedom that rises to that level. This was neither. He had the absolute right to stay silent. He did not invoke it. Every answer he gave, the door story, the brother's house, the car repair, went directly into the probable cause analysis. Voluntary statements are admissible, full stop. Turner also volunteered his prior record, a prior aggravated battery, a prior domestic case, prior orders of protection. None of that was asked in a way that required an answer. He offered it. Officers noted it. The law keeps a record of everything. Turner argued he had a First Amendment right to speak to his wife during the investigation. >> [clears throat] >> That argument fails. The First Amendment does not protect speech that actively interferes with a lawful criminal investigation. Officers had the authority to maintain separation. The instruction was valid. The Illinois Domestic Violence Act requires officers to separate the parties before interviewing either one. This is not a courtesy. It is the legal foundation of a valid domestic violence investigation protecting the integrity of what the victim says before any outside influence reaches her. When the arrest came, Turner disclosed a firearm on his person. His own words, search incident to a lawful arrest established in Chimel versus California permits a full search of the arrestee's body. The gun was recovered without any Fourth Amendment issue. Claiming the firearm belongs to someone else does not defeat possession. Under 720 Illinois Compiled Statutes 524-1.1, physical possession is the element. Who owns it is irrelevant. Turner had it on his body at the time of a lawful arrest. Unlawful possession of a firearm by a felon requires two elements, a prior felony conviction and knowing possession. Turner admitted the aggravated battery during the interview. The gun was on his body at arrest. Both elements satisfy the Class 3 felony, two to five years in state prison. Illinois law under 730 Illinois Compiled Statutes 5-5-3 eliminates probation eligibility for a person with a prior felony conviction on this charge. No suspended sentence. No community service. The presumption is prison. Domestic battery under 720 Illinois Compiled Statutes 5 is a Class A misdemeanor on its face, up to 364 days county jail. Turner's prior domestic conviction changes that. It triggers a Class 4 felony elevation, one to three years state prison. Resisting arrest under 720 Illinois Compiled Statutes 5 31-1 requires three elements, knowledge the person is a peace officer, knowing resistance, and interference with an authorized act. Turner stated on camera. That's why I'm resisting. Three elements, one sentence, self-supplied. The force used to take Turner to the ground is judged under Graham versus Connor objective reasonableness from the officer's perspective at the moment of application. A resisting subject who disclosed a firearm seconds earlier. Ground control was the proportionate response. Officer Devalle receives a B+. The investigation was methodical. The legal basis for separation was correctly articulated and composure held across a 21-minute confrontation. The deduction, separation should have been enforced earlier. Turner had too long to call out to the victim before officers ended it. Turner receives a D. Answered questions without invoking silence. Disclosed his prior record unprompted. Disclosed the firearm himself. Resisted on camera. Then, as officers escorted him out, told his wife to contradict them in court. Recorded, timestamped, admissible. Three takeaways from this footage. First, a consensual encounter ends the moment you walk away. Turner stayed. Every minute he remained and talked added to the probable cause case against him. Silence and distance were the two cheapest legal tools available. He used neither. Second, the Fifth Amendment right to remain silent exists from the first contact, not after Miranda, not after arrest. It applies the moment an officer asks a question that could incriminate. The answer is always available. Invoking it costs nothing. Third, what Turner said to his wife as he was escorted out to come to court and contradict the officers was captured on body cam. That statement is evidence. It may support a separate charge. The arrest was over. The legal exposure was not. 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