Put your hands behind your back. >> Woah, woah. >> No, come here. Do not walk away from me. Do not walk away from me. Turn around, put your hands behind your back. Put your hands behind your back. >> Excuse you? >> I need another unit over here. >> I can't use the restroom. >> hands behind your back. >> Hold up, hold up, sir. >> Now, I'm not asking you. Put your hands behind your >> On October 26th, 2023, officers responded to a report of an adult male fired from a local retail store who kept returning to the property and had followed a teenage employee home after her shift two nights prior. >> Um he's been told cuz he's been fired. He's been told not to come back into either one of our stores. He repeatedly does so. >> Okay. >> Two nights ago, he was harassing one of my 16-year-old minors. I was not here It was that night. Uh the employee that's that was there and witnessed it and she's at the store right now. >> Is this him right here or what? >> Dude is over at Walgreens with a 14-year-old right now. >> Okay, what's wrong with that? >> He's a grown man. >> How old is he? >> He's like 20-something. >> Okay, that's >> doesn't know this little girl. >> Did she go with him there? >> Yes, but I I don't care about that little girl. So, my minor that he harassed and was calling her sweetie, honey, sugar, everything, he followed her home. Last night when she worked again because we had to have her mom pick her up cuz she usually walks home cuz she lives over there in those apartments. My son walked her home. He lives in his car over there in the parking lot. I have his license plate. And he walks in and out of our stores. Constantly doesn't buy nothing and he's been repeatedly asked not to come in our store. >> Okay. Well, >> a problem when he picks up a 14-year-old coming out of my store. >> He's He's allowed to do that, though. That's not There's not a law against that. >> There's not a law against an adult taking a minor? >> No, absolutely not. If she wants to go willingly with him and >> Isn't it on >> Yes, that's not That's not against the law. >> Well, he's not allowed in my store again. >> I I've not heard of any reports of anybody being harassed recently. These people that you're saying that he's harassing, have they called us to report it or what? >> a minor. I would you She was a minor and it happened 2 days ago. I wasn't on. She called me and I told them to sit there and have her mother pick her up. >> Did Did you tell Did you talk to her mother about the situation or >> That's why her mother picked her up. >> Did she She She didn't call us. I didn't see anything like that. >> after she clocked out, that's on my fault. >> Okay. All right, you got an ID on you? >> I'll be right back. >> Yeah, is everything okay? Do you guys know each other? >> Yeah. >> Okay. So, I got [clears throat] a call. How do you know each other? >> She leaves >> 14 at the Walgreens. How do you know each other? >> You're clear at Walgreens. >> Correct. That's the third time I've asked. How do you know each other? Is everything okay, sir? >> I'm 10-11. >> Okay. You're refusing to answer, that's fine. All right. If you How old are you? 18 at least? Yep. You come out here to my car with me, look. Is everything okay, sir? I'm investigating something right now. You've been named in everything. I need you to step out to my car right now. You understand? No? Okay. You can either walk out there or I'm going to escort you out there. Your choice. Let's go. >> Okay. >> Let's go. >> Jesus, I'm coming. >> Let's go. You can stay right there. Ooh. >> Take your book back off now, see. Take your book >> It's on recording, by the way. >> That's mine. >> I'm on 14. >> I'm a regular citizen and you're harassing me. I'm not doing this. >> Turn me in the car to Walgreens. Have a seat. Oh, there you go. >> Oh, I'm not being advised >> Why are you being so hostile with me right now? >> Okay. >> I'm investigating something right now and you are not complying with me whatsoever, okay? >> But you're not even saying nothing. That's kind of suspicious. I'm a regular citizen. Just got off >> 14 negative. I need your ID. >> Okay. >> All right. Is your dad home? >> I'm being advised they might be over at Walgreens. >> I haven't done anything. >> Uh with a backpack and then she's a light-skinned female black with a blue >> How would someone not hear that? I haven't done anything. >> I'm over at the Walgreens. You'll have an offense right now. 14 idle. >> I have a seat here. >> have them over there? >> Affirmative. I have them in my car. >> That's That's kind of different. >> Okay. Are you coming over here or >> You're arresting someone for no reason. >> I'm Who said you were under arrest? >> This This is how hostile you have been. >> We're not being hostile at all. >> Yes, you have. I've I've never seen that one come out of your mouth. >> away from me. I told you I'm investigating something and you're pulling away from me. >> Right. And I'm not trying to get out of my car. That's what I told you, but you're not giving me any information. You're not following blind. >> I told you that I'm investigating something. >> Right. >> Okay. >> I have no right to as well. Like what is She's still recording. That's kind of embarrassing. >> Everything's recorded, bud. >> Right. That's >> Everything is. It doesn't bother me one bit. >> It's still recorded, but I'm just it >> Okay. Is your dad home? Is your dad home? Okay. >> I don't think that's the situation that >> At this moment, I can't speak freely about that, okay? >> Okay, so can I leave? >> Absolutely not. >> Can I leave? >> No, just just hang out for a minute until we figure out what everything is going on, okay? >> And is everything okay? Can I have that >> Yes, everything is okay. Right now, you are not under arrest. You are detained. I'm investigating something, okay? So, I need you to have a seat in the car. Have a seat in the car. Get in the car completely. I am shutting the door. >> This is all just brute force, huh? >> Nothing's brute force. >> That is brute force. >> I've explained everything to you so many times. >> You said you were investigating. >> Correct. That's all you need to know at the moment. I can't speak freely right now. Get in the car. >> on me, why not? >> Because it's an investigation. That's why. >> I was just talking to him at least for 5 >> Get in the car. >> It is everything's okay. I haven't done anything. Watch your leg there. Is your dad at all? >> That's I just That's it. >> call him right now. I I'm trying to be very civil, very easygoing. Why aren't you allowed at home? >> It's none of your business. I don't know why you're >> So, we received a call. Okay, you're still juvenile, correct? Okay. We received a call that an adult male and mature Uh well, first of all, how do you know him? >> How do I know him? >> Correct. >> Cuz he's He lives out here. >> So, if I called your dad right now, he'd be okay with you with being with him. You're juvenile, he's adult. >> I really just was talking to him outside. >> Okay. >> Am I not allowed to have a conversation? I'm I'm Christian. >> No, I'm not being silly >> Go ahead and tell me why. Go ahead and tell me why. >> We received a call that there was a male harassing female juveniles. And it's been an ongoing issue. They described you two to a T. >> Okay. >> Okay. So, that's why I'm investigating. >> Oh, no. I promise you nothing. No. >> So, how do you know him? >> I know like I've seen him around here. I was being nice. I wanted to have a conversation with somebody. I'm Christian. So, I see somebody and I want to have a conversation be nice and have a conversation. I'm going to have a conversation. >> Okay. >> And I just wanted to I was just talking to him. I saw somebody my skin. He seemed cool. I wanted to talk to him. That's how like there was There's nothing going on. And I don't know why that person couldn't came up to me or said something or whatever because it does just not adding up like what? Okay. I don't I just it's just nothing like it's weird. >> He was fired from there. He's been hanging around harassing people and harassing younger people. So perhaps she walked over there and did it herself. >> 112 respond person >> So right now there's no They just want him trespassed. Suspicious from where? Jersey Mike's and Don Julio's place. >> You work you working at Jersey Mike's? >> I mean obviously. >> So try to find talk to the parents. >> I asked her she was okay if he would like to answer. >> I know. >> His car is over there. You want me to drive him over there and get his car? Yes, right now. >> That's fine. >> Okay. Yeah. And then advise him. >> Yeah. >> Okay. So you're well aware of what's going on. You've been fired from Jersey Mike's. They don't want you back. You're harassing juveniles. That's the report we're getting. Listen, listen, listen. >> I didn't even work at Jersey Mike's. >> Anymore, correct. Listen. I'm listening. What else? What else? They don't want you back at Jersey Mike's. >> I haven't been there. >> The complaint that we received is that you're an adult you are an adult. >> I am an adult and I'm being I'm being treated up. >> Like what is what's not not at all? >> Yeah, it is. >> Look, body cam's been on the whole time. I'm I'm not concerned about anything. Okay? I've explained things I told you what I needed to do. I told you I was investigating something. It's very plain and simple. Okay? >> I'm following what your procedures but at the same time you're giving me no information. >> Okay. >> You can't just lock someone up >> Are you locked up or are you not? >> Yes, the door is >> You don't have handcuffs. You you were detained. I told you I was investigating something. >> And I was forced out. >> I'm not going around and around with you. Jersey Mike's doesn't want you back. >> That's cool. >> The uh they've been saying that you're harassing Listen. >> I'm not harassing anybody. >> female juveniles. Okay, that was our call. Here you are with a female juvenile. You guys don't even know each other. >> She came up to me cuz she needed help. I had peace I was going to give her some food and then I don't know her background. >> So why wouldn't you tell me that? >> Where I have more venues to help her. >> Where? Same thing? >> You said it. What were you about to say? A warrant? >> Why wouldn't you tell me that is what I said. >> I didn't want to throw her business out there in the public. And then you just harassed me and then >> No one's harassing you. We had a call for service. >> What you call it? Detaining? >> Detaining? >> Detaining, yes. >> That's not harassment. I'm investigating something. >> up to her and >> You heard on my radio they described you to a T, correct? Someone not even here. >> Over there. I was literally over there 2 seconds ago. >> So >> at Dollar Tree. >> Correct. >> And then the lady who came over there ran to my face. She's harassing me, right? >> No, she felt something was going on. A male adult is hanging around female juveniles. >> No, I'm hanging around myself. She came towards me and I was asking her did she need any help? >> So >> If we were to take this score everyone know who I am. I'm just saying. >> I'm not concerned with that. >> Okay. Um >> So you're banned from over there. They don't want you back there. They said you were harassing you. So don't go back over there. My understanding is your car is still over there, correct? >> Uh yeah, my vehicle is there. It's my mom's. >> Good deal. All right. >> But it's not over there towards George Jersey Mike's. >> Okay. >> So where Well, this is This is long as I can say. This is This is >> It's obviously a shared parking lot with lots of businesses there. It is. When this could have been a conversation inside Walgreens. It could have been. >> Oh, but that's throwing our business out there then. It's throwing my business out there. >> It's absolutely silly. >> It's What she just did was silly. >> Not at all. It's my job. So you're good to go, go get in your car, go about your business. >> Thank you. >> We're not allowing your female juvenile to go with you. >> That's cool. That's That's That's peachy cream. >> Okay. Do you want me to drive cuz your car is over there? >> No. >> Hey, did you tell him to go >> What is your guys' problem? >> Is he back? >> Yeah, he went back >> Okay. 4 boy 11, I'm going to be out with that, uh, trouble at again back out of Dollar Tree. Ma'am, you want him arrested, right? Put your hands behind your back. >> Woah! >> Woah, come here. Do not walk away from me. Do not walk away from me. Turn around, put your hands behind your back. Put your hands behind your back. Excuse you? I need another unit over here. >> I can't use the restroom. >> Hands behind your back. >> Hold on, hold on, sir. >> No, I'm not asking you. Put your hands behind your back. >> Unit 11 >> Stop! You're going to get tased, dude. Stop it. >> Put your hands behind your back. >> Don't touch my stuff. >> Put your hands behind your back, man. Come on. >> Stop! Move over. I need to put Stop resisting. >> Stop it. >> Stop resisting now. >> Stop it. >> That's pretty silly. >> Double lock his cuffs. >> Stop reaching. What are you reaching for? Stop. What are you reaching for? Stop. >> Watch your hands. Watch your hands. >> What? I don't have anything on me. >> Hold it, leave your hands behind your back. Go ahead, stop moving. Double lock his handcuffs. Hold on, hold on. These cuffs are tightening down. >> You can check my ID and that's it. >> You're good. >> Like I said, I'm just getting my camera back on. >> No, you're fine. >> Still being recorded. >> Should be good. Double check him again when we get him out. >> That's cool. >> Well, what I was told from you, sir, Owens, Mr. Owens, I'm being recorded. Is that you said stay away from Dollar or uh, what's it called? Jersey Mike's. >> Tree >> Jersey Mike's. >> Everyone's seen it and there's cameras and my phone. >> Okay. >> Right? Jesus Christ. >> Kyle, take a step back. >> I tried to tell you you're under arrest, man. >> Right. >> Why didn't you listen to me then? >> I did. >> No, you didn't. >> I went here to use the restroom. >> Racist. >> And you will be hearing from me. >> I'll just take the laptop out of there. >> I am. >> You're under arrest for trespassing, obstruction, and resisting arrest. >> No, I'm not. >> Yes, you are. >> No, I'm not. Look at the cameras. It's racist. >> Stop moving. Stop reaching for stuff. You're under arrest. Knock it off. >> It's racist. I can't even use the restroom? >> No. Take it out of the car. >> Yeah. >> Kyle, regular citizen. >> It's crazy. >> Please. >> Now you feel it. >> What's that? >> You're going to put me in an officer's car? Where are we going? >> Uh ultimately you'll be going down to the Hall County Justice Center. >> For how long? >> I'm not sure. What? All right, we're going back here to the very >> Can I get my stuff? >> Your stuff is going to be left in the car. >> Yeah. >> It's going to be left in the car. Somebody Mirandize him real quick once you get him buckled in. >> I didn't have to go to Jersey Mike's. I went to Dollar Tree. >> Yeah, I mean all ultimately this is going to court and you'll have you'll have either public defender or attorney represent >> that? >> Because you're being arrested and charged criminal. >> For what? >> Uh they already told you, trespassing, resisting arrest. >> You were told not to come back here. >> No, I was not. No, I was not, though. >> That's what they just talked to you about at Walgreens. >> They He just told me that Jersey Mike's I walked in there to use the restroom. >> Jersey Mike's and Dollar Tree. >> No, they didn't say a Dollar Tree. I have it all on recording. So, if we do go to court, it's it's terrible for y'all. I'm trying to tell you the facts. I literally walked in there just to use the restroom. >> Answer this question. Why wouldn't you go in Walgreens and use the restroom? Why would you walk all the >> even know Walgreens had a restroom. I just came here. >> Okay, you guys are good. All right. So, how did So, you said he tackled you? >> Yes. >> Okay. Did he ask you to get on the ground? >> He said, "Hands behind your back." I want to know why. They're not telling me anything. >> Let me ask you this. When he asked When he told you you were under arrest and put your hands behind your back, what did you do? >> I asked him why. >> Did you put When he asked you to put your hands >> or anything. I wasn't being aggressive. >> I didn't say you did. >> I'm just super scared right now. I'm honestly I'm terrified. >> When he asked you to put your hands behind Did you put your hands behind your back like the officer asked you to do? >> I put one hand behind and I said, "Why?" >> Okay. >> No one is telling me anything. What is What are y'all gaining from this? What are y'all trying to do? >> I'm asking you. I'm trying to get the answer from you directly. >> Are you going to Are you going to be my lawyer? >> I'm not a lawyer. >> Okay. >> Okay. I'm talking to you like directly. Getting the answers from you. I'm not getting answers from the officers. I'm not getting answers from the witnesses, the complainants, or anybody else. I'm getting >> anything. >> I'm not here for that part, okay? Like I said, I haven't even spoke to the officers involved in what happened yet. My main concern is to make sure you said you're not injured, correct? >> Right. >> Okay. You're not You're not hurt. Nothing hurts anywhere? >> hurt, but No, I'm all right. >> Okay, handcuffs aren't the most comfortable, okay? I understand that. We'll we'll And we made sure they were double locked on you that way they don't get any any tighter on you. Um So, how many times did he ask you to how many times did he tell you you were under arrest? >> He told me once, but I asked him why. He said because I was trespassing. I said trespassing where? I said I'm not in Jersey Mike's anymore. >> Okay. >> And then they tried to say that I worked there when I never did. >> Okay. How many times did he did they Um did they ask you to place your did he tell you to put your hands behind your back? >> Twice. >> Twice? >> One, I put one hand behind my back and told him why. And then that's when he told me that it's cuz I was trespassing on Jersey Mike's, which we were in Dollar Tree. And I told him I'm allowed to be in here to use the restroom at least. >> Okay. Did you ever Did Did anybody here in here So So So okay. So before today, if I remember correctly, haven't you been told not to be back here before? >> No. >> No one's ever told you >> No one has ever told me that. Ever told me to not be in Dollar Tree. >> So after So after the second time that he told you to place your hands behind your back, what happened? >> And then he he became a little aggressive, which I understood cuz he was doing his job at the same time. It's like he has no information on what went down across the street. This officer right here, Owens I believe, told me not to be placed in Jersey Mike's anymore. I let him know like I would never go back there. I haven't even been there. So I went to Dollar Tree to use the restroom. >> Okay. So after the second time he asked you place your hands behind your back, what happened? >> me, and then after that >> So what made Okay, so let me ask you >> attacked aggressively and I was scared for my life. So yeah, he said he pulled the taser out on me. So yeah, of course I'm going to just drop to the ground. >> So did he uh >> I never been tased. >> Okay, did you drop to the ground or did he tackle you? To the ground. >> He tackled me. I got up a little bit, and then that's when he said he's going to pull the taser out on me the second time. >> So >> Which is cool. >> Okay. >> So I dropped to the ground. >> Okay, so did you drop to the ground or did he tackle you to the ground? >> The first one he he tackled me, yes. >> What made him tackle you you think? If you If you had to guess why the officer tackled Why would >> Cuz well none of us are just going to tackle you. >> Misinformation. >> the information, what action So what action Okay, we all have body cameras on. So we're not just going to tackle you. Something had to prompted that. Why do you think he asked you to place your hands behind your back? He told you you were under arrest. So what what What do you think would have made the officer tackle you? There had be some reason why he tackled you. >> I didn't harm him. >> I didn't say you harmed him, but what action did did happen that prompted him to tackle you to the ground? Cuz he's just not going to tackle you. You see what I'm saying? Like like if me and you were talking, even if I told you, "Hey, place your hands behind your back." I wouldn't I wouldn't just tackle you. There must have been something. Did he try to go hands-on with you to put handcuffs on you? >> you came up to me and said, "Put your hands behind your back." and we're talking to me. I would gladly do so, because yeah, you're a reasonable person. You don't know the whole information of the story on it. He does, and he's not saying anything, which makes me fear for my life. >> know what happened in there. >> I was trying to explain to him, and then he got aggressive with me as well. >> Okay. >> He said he'd taze me, and I was like, "Bro, you got it then. At that point you got it." >> Okay, so >> You're going to If you're going to If you're going to harm someone who's unarmed, check his stuff and everything, unarmed, then what's >> Okay. >> Why are you fearing? Sure. >> But and I told him like he was harassing one of my minors. >> This is the mother of the minor. >> So >> I'm going to leave you guys to talk. If you guys need me, there's a business card in there that you can give them. >> you. >> Why don't you go get one? >> I was actually going to call you guys in that building. It has >> Yesterday >> Okay. >> when my baby called and was like, "Mama, there's this guy here again." and you know, he's keep keep harassing me, and I'm scared. So I came over here, but by the time I got over here, he was gone. >> Okay. >> So this been going on for like a week. So, the manager had already told him like, "Listen, this is a minor. Leave her alone." >> Manager from in here? >> Yes, the one that just left. The one that left, she's the manager. >> So, I came up here today cuz my baby was like, "Mama, I just want you to come up here and just call the police." And cuz his car was out here and I don't want to be afraid coming in and out of work. And I see you're really uncomfortable. So, >> he didn't been told that my child is 16 for the last week and a half. >> Okay. >> And he just consistently. So, I was going to call you guys anyway when I got up here. You guys were already up here. >> Okay. >> So, >> Was he with your child? >> I know he didn't say to you uh some of the couple of times. I know it wasn't today cuz when you got up here, the cops were already up here. Um >> Can I ask you like the last time he said something to you? >> Yeah. >> Uh probably like 2 days ago. >> About 2 days ago? It was yesterday, too. Because that was the day I came up here looking for him and we couldn't find him. >> Oh, yeah. >> Okay. What What did he say? >> Right. And this was after Timmy told him that you were is the minor. >> No, after Timmy daughter told him like she's 16, he kept like >> Okay. What What did he Was he just talking to you or was he saying specific things or what? Do you remember? >> so like first conversation questions like, "Are you single? Like, are you a virgin?" Like stuff like that. Like he'll always get like that. Like it wasn't like personal questions like >> Sure. Sure. Okay. >> The first contact at Walgreens was a Terry stop. A brief investigative detention is lawful under Terry versus Ohio when an officer can point to specific articulable facts supporting reasonable suspicion. And here, those facts were stacked. A dispatch call, a first-hand manager account, a matching description, and the The found standing near a 14-year-old he couldn't explain knowing the package clears the Terry threshold without strain. The officer correctly distinguished detention from arrest. A detention needs only reasonable suspicion and arrest needs probable cause but placing the subject in a locked patrol vehicle for a prolonged interview pushed the encounter past that line. Under Florida versus Bostic, a seizure occurs the moment a reasonable person would not feel free to leave. A locked police car crosses that threshold and once it does, Fifth protections follow automatically regardless of what the officer calls the contact. The subject declined three times to explain how he knew the girl and that was his right. The Fifth Amendment protects exactly that silence and silence alone cannot be used to build probable cause or justify further detention. The officer released him when no probable cause had formed, warned him to stay away from Jersey Mike's and let him go. 20 minutes later the subject was back. This time inside Dollar Tree which shares a parking lot with Jersey Mike's. The trespass charge lives or dies on one element, notice. To sustain the charge, the state must prove the subject knew clearly and specifically that he was not permitted on that property and the verbal warning at release named Jersey Mike's. Dollar Tree was never unambiguously included and the subject said repeatedly on camera that he understood the ban to cover Jersey Mike's only. He had worked at Dollar Tree before and considered it a separate location. That is a genuine element dispute, not a thin excuse. No written trespass notice was issued. Standard practice is a written document naming the specific property handed to the subject with a copy logged in the report. That one step would have closed the scope argument before it ever opened. When the arrest command came, the subject walked away and under California versus Hodari D, walking away from a show of authority means the seizure hasn't attached yet. The moment the officer made contact and the subject pulled back, resistance to a lawful arrest became its own offense. The force sequence followed a defensible continuum. Verbal commands, repeated commands, taser warning, physical takedown only after continued resistance. Under Graham versus Connor, force is assessed from a reasonable officer's perspective at the moment of the decision, not reconstructed in hindsight. What the officer knew at that moment, subject with a documented pattern of returning after warnings, back within 20 minutes of release, now walking away from a direct arrest command is precisely the context. Graham versus Connor says controls. The subject admitted on camera he put only one hand behind his back and asked why before the officer escalated. Partial conditional compliance is still resistance. Under most state statutes, the charge doesn't require a fight, just knowing refusal to submit to a lawful arrest. After the arrest, an officer ordered Miranda, but the substantive interview at the vehicle had already started. Under Miranda versus Arizona, once custody attaches through physical arrest and handcuffing, warnings must precede interrogation, and statements taken in the gap before the advisement are subject to suppression. The subject was convicted on trespassing and resisting arrest and sentenced to 20 days in county jail, misdemeanor classification, county jail, not state prison, no felony record, no loss of voting rights. 20 days on the lower end suggests the scope of notice argument failed to move the court. The officer earns a initial stop, legally grounded, release call correct, force sequence stopped immediately once the subject was controlled. The only deduction is no written trespass notice, one document specifying both businesses would have made this arrest bulletproof. The subject earns a C+, staying silent during initial detention was exactly right, and his Dollar Tree scope argument was coherent and potentially viable, but walking away from the arrest command buried it and added a charge that followed him all the way through sentencing. Three takeaways. A verbal trespass notice that doesn't name the specific property where someone is later arrested has a legal gap written. Specific, documented is the standard, and anything short of that is a defense argument waiting to be filed. When an arrest is coming, the parking lot is not where to fight it. Walking away is a separate criminal act, regardless of whether the underlying arrest is lawful, and the stronger the underlying argument, the more a resistance charge damages it. Once handcuffs go on, the Miranda clock starts. A substantive interview before the advisement, even briefly, even casually, hands the defense a suppression motion on a plate. The officer ordered the warning, and it should have come before the first question. 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 don't forget to check out our channel for even more police interaction and courtroom content.