[ __ ] you! YOU'RE HITTING ME! [ __ ] YOU! HELP ME! HELP ME! >> DECEMBER 22ND, 2022. Tampa International Airport police spent 8 minutes helping an intoxicated passenger recover a bag he left on his flight and the encounter ended in a felony arrest. >> I'm going to get going on this [ __ ] tonight. I don't know what else to say. >> Well, let's see what happens when she gets back. Hopefully she's got your bag. And then you hop on your Uber and get to going wherever you're going. >> man. Cuz you know I didn't have [ __ ] on my bag, right? >> No, we just we just want you to get your >> Besides my shooters. >> Yeah. >> You You already saw that on my cam. >> No. >> You can You can That was at the other airport. Wait Were y'all Were y'all stinging me? >> What are you talking about? We are here cuz you keep >> Wait a minute. For what? Why ain't y'all [ __ ] Okay, that's cool. You couldn't even let me have a [ __ ] cigarette? Like I'm going to leave this up >> [ __ ] cigarette? That's all I wanted. I wanted to shut the [ __ ] up. >> to go ahead and get a cigarette. Just calm down. >> Give me Give me that. >> As soon as we get your bag. Right? Cuz then if you don't have your bag then >> my two other [ __ ] shooters. Make all the guns disappear. >> have leftover shooters. I do have leftover shooters. >> Okay. Well, let's get your bag. >> and take them so I can go to the gas station? >> Okay. Okay. Well, let's let's wait on her. >> can clear me. >> Okay. >> Cuz Hey, cuz my dad is going to ask you >> All right. I'm not going to say a word. >> Clear me. >> All right. I'll I'll tell dad you are good to go. Is dad coming to get you or I think you said an Uber's coming to get you. >> Where are we? >> In Tampa, Florida. >> Dad is not coming. >> Uber's coming. >> Can I have those shots too? >> I'm not going to take them from you. >> No, I'm saying can you tell dad? I didn't know you knew my dad. >> I don't know your dad. >> Lynn Carmeton? >> I don't I don't I don't know who that is. Then obviously he's your dad. Where are you from? >> have I'm from Fulton, Missouri. >> Oh, okay. >> I'm not trying to step on any girl's toes, but >> You're not stepping on my toes. You were just going the wrong way. >> not have to tell him [ __ ] >> I won't tell him [ __ ] You can tell him whatever you want to tell him. I'm not going to tell him anything. >> Hey, I'm not a liar so don't tell him that y'all stung me up. >> Okay, you tell him whatever you want to tell him. >> I can pat you on the butt? >> I don't need nothing from you. >> But I kind of have to but he's Do you mind if I call him? >> Okay. >> Please do not. I'm going to have to call him right now. What is your name cuz you are a very nice person. >> told you I was Mike. >> I know. >> And my last name >> Ruiz. >> It's all good. We're all good. >> What is your name? >> We're all good. I'm Mike. Mike. >> Mike. >> Yep. >> What's your last name? >> Ruiz. >> Are you taking over? >> Yeah, cuz it didn't seem like you liked him. >> Why don't I don't like >> We're waiting. Um she's checking cuz he left something on the airplane. >> He what? >> He left something on the airplane. So that's what we're waiting on. >> We don't like our >> intoxicated and forgets lots of stuff. >> We are these people like we don't like our current sheriff. >> Okay. >> So it is kind of like that. >> work for the sheriff, so We don't know who he's like or >> you've seen the >> We don't like our current sheriff all the time. >> you've seen dumb [ __ ] And I'm not threatening you or any of that [ __ ] I just love uh Kevin Costner's new show. It's pretty bad. >> [laughter] >> But that's it. So that's all I have to say. >> He kept trying to go No, he's here from Missouri. He kept trying to go the wrong way up TSA and that's what caught my eye. And then the TSA got walking down here cuz he said he forgot the uh um something on the plane, so the lady's actually down there looking on the plane right now. >> what's your name again? >> Mike. >> Mike, all right. >> Okay. Okay. This is This is Gary. >> Gary, what's up, brother? How you doing? >> It's very nice to meet you. >> All right. >> Just give us a second. We're going to get your stuff. >> Yeah, I >> Don't you want your backpack? She went to go look. >> Yeah, I'm right there with you. >> There you go. You here to visit somebody? In Tampa? >> Yeah, yeah, just my brother. Dude, I've never been down here before. That's all I'm playing. >> man. Good. Hope you enjoy it. >> That's why I was asking, is there anything we need to do while I'm down here? >> Bush Gardens pretty cool. Um >> Now, is that uh there's some things down there like flowers and stuff? >> No, no, no, it's got roller coasters and stuff. It's pretty cool. >> Cuz I'm cool with that cuz I I live in Missouri, so >> Okay, yeah, it's good stuff. You got Disney World's pretty close. You got SeaWorld's pretty close. Everything's within an hour or two. >> I'm a huge fan of reptiles. >> Dude, that's that's my thing. >> uh There's a couple places you can go for that, too, so Gatorland pretty good stuff. Yeah. >> Really, I just want to go out place I can have a cigarette. >> Oh, you'll be there in a few minutes. You're just >> Your cigarette's in your backpack? >> Um Yeah, they'll be on my uh on the top of the part. >> Did we find his backpack? >> Actually, I have my lighter, one of the short ones, right here. >> Did you have a suitcase? >> Been there. >> Did you have a suitcase? >> Yeah, I have a carry-on suitcase. It's like it starts with this C. >> You can't bring it up here due to the security issues. Um so, it will be in the [music] baggage claim. Is that baggage claim? >> All right, we'll take you Okay. All right, we'll take you to where it's at. It's where all the It's where all the bags are. >> Yeah, all the bags have been taken up where all the baggage is at. >> Let's go, man. >> Yeah, but just out of curiosity, I don't want them touching my >> Clayton, we're just taking you there. We're not touching it. >> I just want to Wait, just so you know, I just want to smoke a cigarette. So, can I take my bourbon and grab a cigarette? >> It's already gone. It's already gone. They already put it on the container. But, you heard what I said, though. >> Clayton, what do you do for a living? Anything fun? Clayton, we're going this way. Come on. >> No. >> We're on the train. >> Clayton, come on. >> No. >> We're going to miss We're going to miss the train. >> No. >> Clayton, this is going to go south really fast. Get your ass on that train right now. >> You saw me. I'm refusing. I'm refusing. >> Okay. Hey, man. We're trying to get you to your stuff. Your stuff's going to disappear. Your cigarettes are going to disappear. >> I don't care, but these people No, I didn't do anything wrong. >> We're not taking you to jail. We're taking you to your stuff. >> Leave me alone. Go away. Please, leave these people leave me alone. >> We will once you get over there. >> Can you call your brother so I can talk to him? >> How about you leave me alone? You want to talk to You want to What do you think my brother's doing? >> We're trying to help you. >> Call my brother. >> No, call him. I trying to help you. You understand that? >> And we're We just got a 911 call. >> Oh, now all of a sudden you're being nice. [ __ ] that. >> I wasn't mean to you. Who's been mean to you? >> I didn't say you were. >> Oh, yeah, you did. >> No, we're trying to help you, man. Your All your stuff all your stuff, your your luggage and everything is over here. That's where we're trying to get you over there to get your stuff so you can have your cigarette. That's what we're trying to do. We're just here to help you. >> That's fine. Take over the phone. >> Well, come on. Let's go. >> That's fine. >> Come on. Let's go. Let's go. Seriously, I'm just trying to help you, okay? >> I appreciate that. >> Here, hold on to it. >> [ __ ] you. [ __ ] you. [ __ ] YOU. [ __ ] YOU. YOU'RE HITTING ME. [ __ ] YOU. HELP ME. HELP ME. >> IT'S ALL RIGHT. WE GOT IT. WE GOT IT. WE GOT IT. ALL RIGHT, SLIDE OVER. >> I'M BEING HURT. PLAIN CLOTHES. >> I HAVE THIS ON, GARY. Tell me what >> Plain clothes. Plain not A VIOLENT PERSON. PLAIN CLOTHES. These people are dirty officers and they're going to kill me. PLEASE GOD, HELP ME. Please God. >> Just hold on to it for a minute. >> PLEASE GOD, THEY'RE HURTING ME. >> [screaming] >> [ __ ] ME. I THOUGHT THEY WERE LYING, BUT THEY'RE >> WE'RE trying to help you this whole time. And then you're acting crazy. You're acting crazy, man, for nothing. You're good. Just hang on to him. >> Get down. Help me. Okay. Put your hand behind your back. Put your hand behind your back. The other hand, slide over. Slide over, Mike. Yeah. Yeah. Slide over. Slide over. Put your hand behind YOUR BACK. NOW! NOW! [screaming] PUT IT BEHIND your back. Now! Enough. All of this for nothing. You know, all of this You were here to help you and and you turned this into a nightmare. You know that? Come here. You don't have to hurt me anymore. >> Nobody's hurting you. Nobody's hurting you. >> You dragged me out after a [ __ ] [ __ ] thing. >> When I flip you, you lay flat. You understand? >> How about I JUST [ __ ] LAY FLAT? >> DUDE. >> YOU ALREADY BEAT ME IN THE CHEST. >> JUST LAY FLAT. >> HURT ME. >> LAY FLAT. RELAX. >> [ __ ] YOU, MAN. >> RELAX. >> You already hurt me. >> Relax. >> I didn't even [ __ ] do anything. You're not getting away with it. [ __ ] you, MAN. >> RELAX. >> [ __ ] YOU. >> RELAX. >> YOU'RE NOT GETTING AWAY WITH THIS. >> CORPORAL, COME HERE QUICK. GET OVER HERE, CORPORAL. WE'RE 10-15. TELL HER we're 10-15. And we're okay. I was trying to transmit and my radio fell apart. Gerry, I got this one. This way, Gerry. Bring it. Get Gary, I'll hold him up. GARY, GARY, I'LL HOLD HIM UP. >> WALK. WALK. >> SORRY, did you grab his shoes? I got this side of him. No more games, buddy. >> We're coming out in the elevator now. We're going to need a car. >> Come on out, guys. Hurry up. >> God, I really >> Buddy, please. Come on. We said come, you know? It's not a game, bro. It's not a game. You lost, okay? We're done. >> Why didn't everybody [ __ ] invite me? That doesn't make sense. Why? I would have [ __ ] been the first one to join y'all. I hate this god damn place. God, y'all are [ __ ] awesome and like my family. Why the [ __ ] would I do this? >> I don't know why you did this. >> And you really think And you really think I would? >> You did. >> Oh, yeah. >> You really done. >> Yeah, right. Cuz I really did it. Which would have kind of screwed you guys over, too. I didn't know that. >> Let's make sure we got to search him. How about I hit you again? What do you think? Yeah? You want me to? >> No, I don't. >> Cuz you're heading that way. You're heading that way. You're heading that way. >> There's another one. >> You're heading that way. You're not [ __ ] >> I got him. >> Gary, I got him. Take Take his stuff. Take his stuff. >> You're not my friend. You used to be. >> You know, listen, we're here to help you. >> You wouldn't turn on other cops. >> Gary, this side's empty. >> I wouldn't turn on people. >> I I search These These two pockets are empty. >> That would be what I fought for. I wouldn't turn on a cop you shut up you [ __ ] ringer. It says we can search for you. >> on this side of my pocket. Just take his stuff. We got him. We got him. Just take his stuff, ready? >> I would never turn on a cop. >> She's not double locked up. >> I would never turn on a cop. >> let's unlock him. We got We got him if you just Thank you. >> I never deserved to turn on a cop. And I never would. >> You punched one. >> I respect THE GOD DAMN CODE. >> YOU PUNCHED ONE. >> I Yeah, I might punch one, but I respect the [ __ ] code. >> Yeah. Why don't you back up? I got him. I got him. >> [ __ ] [ __ ] But I would never turn on a >> Don't kick me again. >> I don't know a [ __ ] >> Yeah, don't kick me again. >> I don't need to know. >> Don't kick me again. >> I don't everyone is >> So [ __ ] kick me again. Do you understand me? >> Yes. >> Yeah. >> I don't ever I just want to leave. >> Yeah, you're leaving all right. >> Yep. >> Yeah, your brother can come pick you pick you up in the jail. >> I never said anything. I never saw anything. >> You punched my partner right in the face. >> What's done is done. >> Yeah, you're >> And that Yeah. >> All right, yeah. >> Just double lock it. >> Start with the encounter itself. Under Florida versus Bostick and United States versus Mendenhall, officers can approach anyone in public and ask questions and nothing is seized until a reasonable person would no longer feel free to walk away. An order to board a train is not a question. From that moment, the officers needed reasonable suspicion of a crime, which is what Florida's stop and frisk law, section 901.151, requires. They had it. A security exit lane breach and obvious impairment are articulable facts, but neither officer ever said so on camera, and an unstated basis is the kind of gap defense counsel builds a motion around. That gap matters more than it looks because Florida's disorderly intoxication statute, section 856.011, does not criminalize being drunk in public. It requires an actual disturbance or danger to another person. Florida also gave these officers a door they never opened. The Marchman Act, sections 397.677 and following, allows protective custody of someone who has lost self-control to alcohol with no charge attached. The profanity was never the problem. City of Houston versus Hill settled that a citizen can curse at, argue with, and insult an officer without committing a crime, and no one here was charged for speech. Florida statute section 784.07 makes battery on an officer a third-degree felony, but only when that officer is lawfully performing his duties. Lawful performance is an element, so the detention question travels straight into the charge. Intoxication will not rescue him. Florida treats battery as a general intent offense, and voluntary intoxication has been unavailable as a defense to general intent crimes in this state for decades. Graham versus Connor asks three things: severity of the crime, immediacy of the threat, and active resistance. All three line up here, and Florida statute section 776.05 permits whatever force is reasonably necessary. What these officers used was empty hand control. The harder question is what happened after the handcuffs, where Hadley versus Gutierrez makes gratuitous force against a restrained arrestee clearly established law. The audio there is ambiguous, and the transcript names no speaker. Nothing establishes a strike after restraint. Nothing rules one out, and that stays unresolved until the unedited video surfaces. Two smaller points close the file. United States versus Robinson permits a full search incident to a lawful custodial arrest, and Miranda never triggered here since nobody asked this man a question about the offense. The primary officer earns a B+ for 8 minutes of patience and force that stopped at the lowest tier available. His partner earns a B, undone by a profane order and remarks about another agency on a live camera. The passenger earns an F. He answered 8 minutes of assistance with a felony, and the department earns a B- for clean recordings and prompt supervision weighed against a radio that fell apart mid-arrest. Three lessons. Say the legal basis out loud because an unspoken reason protects nobody. Keep the reactionary gap with an impaired subject, no matter how well the conversation is going, and know the non-criminal options before the night turns. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching, and check out our channel for more police interaction and courtroom content.