October 24th, 2023. A disturbance at a Florida retail store involving a pregnant woman throwing merchandise and refusing to leave. Three distinct constitutional questions run through what follows. >> Hi. >> I don't know what this all is. They got to the words need to come out. Okay. >> All right. >> What's the problem? >> None of that. >> Whoa, whoa, whoa. Hey, I'm talking to you. You're not free to go right now. >> Let me purchase my item, please. Got time for that. >> Okay. Face with that. >> Okay. >> My face with that. Ain't nobody got time for that. Dumb these people. Let me get blackmail too, man. >> Why is you What? What is wrong with you, ma'am? Hold up. Let me record this cuz I ain't do in this mother place. >> I AIN'T I AIN'T DO. NOW, let's go. WHAT? WHAT'S WRONG WITH YOU, MA'AM? >> Are you pregnant? >> Yep. And you just touched me. That is a I ain't do in this place. What happened? >> You need to calm down. >> Okay, I'm calm. >> YOU AIN'T EVEN COME HERE ASKING ME WHAT HAPPENED. YOU JUST TOUCHED me and that I AIN'T DO YOU. WHAT HAPPENED? >> I don't want to tase you or slam you. Okay. >> So, stop talking. Stop walking. >> Okay. So, what happened? >> What is going on? >> Where you at? >> Okay. What happened? You're not telling me what I did. >> You're not telling me what I did. >> YOU'RE NOT TELLING ME WHAT I DID. >> I DON'T WANT TO. >> You're not TELLING ME WHAT DID I DO. >> YOU'RE NOT TALKING TO ME, TELLING ME WHAT I DID. >> I don't have to right now. >> YES, YOU DO. CUZ I didn't do anything. You don't have I didn't committed no criminal acts. SO WHAT DID I DO? YOU'RE NOT GOING TO SIT HERE and arrest me and tell me that I'm doing anything wrong. What did I do? Thank you for recording. >> Thank you for recording to the ground. SO YOU CAN'T DO THAT. So put your hands in your back. Okay. >> You can't take ME AND TELL TELL DO ME TELL ME WHAT TO DO. I don't give Thank you. >> I can't do I ain't do. So what are you arresting me for? And you can't put my hands BEHIND MY BACK BECAUSE I'M PREGNANT. >> OKAY. NOW put them. >> Thank you. >> You cannot do that because I'm pregnant. SO KNOW YOUR PROTOCOL BEFORE YOUR FIGHT. And now I WANT TO KNOW WHAT DID I DO. >> OKAY. >> OKAY. WHAT DID I DO? >> GIVE ME YOUR PHONE. >> Why is you taking my phone? I want to know. Why am I being detained? I have the RIGHT TO KNOW. WHY AM I BEING DETAINED? WHY AM I BEING DETAINED? I have the right to know as BY LAW. WHY AM I BEING DETAINED? I have not committed no criminal act. No crime. >> I have not COMMITTED NO CRIMINAL ACT. NO CRIME. I WAS JUST ON THE VIDEO WITH MY DAUGHTER. I WAS JUST ON THE VISITATION VIDEO. YOU HAVE A CHILD. IF YOU HAVE A CHILD THAT'S IN THE PROBLEM AND YOUR CHILD GOING THROUGH some stuff, YOU'LL FEEL THE SAME WAY. I HAVE THE RIGHT TO FEEL THIS WAY ABOUT MY CHILD. CAN'T NOBODY TELL ME I DON'T GOT THE RIGHT TO FEEL THIS WAY ABOUT MYSELF. >> I DON'T CARE. >> Are you done? >> YOU'RE NOT GOING TO TELL WHAT WHAT CRIMINAL ACT DID I DO? >> ARE YOU DONE? >> WHAT CRIMINAL ACT DID I do? >> I'm not going to yell over you. >> What criminal act? I'm not going to yell over you. >> Go ahead. You ain't ask me nothing. >> Okay. >> I'm not going to yell over you. >> Okay. What did I just >> What did I do? >> It's not going to happen. >> What criminal act did I just do? >> What did I do? >> Let's go. >> WHAT DID I DO? DON'T TOUCH ME. >> YES. >> Excuse me. >> Thank you. It don't matter cuz I want to know what I did. You can't tell me what I did. You can't take me to jail. So I don't care. I don't care. You can't take me to jail. I do not care. I ain't do. I'm behind her. >> Look, I don't care. >> Damn sure am. I'm being >> You can't tell me what the to do. What criminal act did I have? What criminal offense did I just commit? >> I already told I'm not going to yell over you. >> You didn't tell me what criminal offense did I yell over you. >> OKAY. WHY AM I IN HANDCUFFS IF I DID NOT DO ANYTHING OR COMMITTED NO CRIME? >> HAVE A SEAT, >> MA'AM. WHY AM I getting in a car if I haven't committed no crimes? >> Why have Why am I getting in a police car if I haven't committed no crime? >> Sit down and I'll explain it to you. >> WHY AM I GOING TO JAIL AND I HAVE NOT COMMITTED NO CRIME? >> WHY AM I GOING TO JAIL AND I HAVE NOT COMMITTED NO CRIME? >> WHY AM I GOING TO JAIL AND I HAVE I DON'T GIVE a about you cracker got me you white folks. I don't give a you cracker you. I don't need no seat belt. >> Well, for now >> you cracker. >> I'll sit you. >> I'll handcuff you to the back. >> I don't give a I don't need no seat belt. I'm good. You can let me ride you. You slow. You dumber than you. I don't give a cracker. You can't control me. TAKE YOUR WHITE ON YOU WHITE DUMB. AND I'MMA TALK ABOUT THIS AT THE TV SHOW THAT I'M GOING on dumb. Okay, >> stupid. Let me go. I'm in the car, so let me the >> What's your first name? >> I have not committed no crime, so I don't got to give you my name. >> You're under arrest for Okay, bye. >> Good. I go inside and I go, "You got to calm down." >> You're not buying anything to go. So she takes her phone and she starts walking around like this car inside. >> So I grab her arm cuz I think she's pregnant and I go on. Are you pregnant? Yes. I don't want to slam it on the ground because you're pregnant. Put your hands behind your back. Um, you know, she refused to leave after we, you know, >> well, a trespasser. She wasn't free to leave. So, she made me chase her around the whole store while she was doing this big production. She's Do they have the the fingerprint reader thing? So, she's not providing her info. Now, she's handcuffed to the front as a courtesy because of her alleged pregnancy. No, I'm just kidding. I don't give a >> You don't stop. You're going to catch more charges. >> You cracker. Take me to the mother jail crackers. >> You won't lie. >> You're walking by on the lighter. >> Did you witness anything at all? Just nothing. Really? >> Nothing. Okay. All right. >> Here. Let's get out of the way. >> Yeah. We go over here. >> Yeah. That's all. >> We were just walking by and she looked at us >> and we didn't say anything to her and she was, you know, screaming >> dumb white. >> And then she >> Where was she at? She >> where she was one of the aisles where she was throwing all the stuff around. And she just looked at us and she spit but didn't hit us. >> Hey, what are you doing? She started screaming and then we just walked away. >> Okay. So, she purposely it wasn't like she was talking and speaking. She like she purposely she didn't make contact. >> Yeah. >> Is this your mom or >> Yeah. >> Okay. >> She said crackers. >> Yeah. Yeah. She said that to us. I'm going to get your information here in a moment as well. Um, do you guys have IDs on you or it'll make it a lot easier for me? >> Sure. Um, like I said, you know, uh, technically that's considered battery spinning on someone. So, you would be a victim of battery if that's something you have, you know, the right to if you want to press charges. If you don't, that's fine. >> I don't want to hurt. >> I don't want to keep you guys here too long. >> It's okay. >> Yeah. I mean, I don't know if she's got maybe some issues or what the >> You got it. I I was surprised. I really thought she was on the phone with somebody. >> Well, she was talking about it. >> She was >> She does have She have her phone in her possession when I arrived here. So, >> you look like a phone hanging on the wall. >> Mhm. >> I didn't think she had anything. That's why I was looked over there. She was just standing there screaming. >> And you asked her to leave and she didn't leave any more damage. doesn't do any damage to other shearingly behavior and her behavior. Would you say that her behavior was alarming >> to yourself and to to your patrons? >> Okay. Hey guys. Hey guys. Yeah. Everybody see everybody. Everybody see everybody. Get out the car. Don't for me I don't give a BACK THE UP. >> OKAY, YOU WILL. >> YEAH, just hold do the same same way. They already don't see you. I don't give a [ __ ] my own pants to get my own. You ain't got to touch my That's why your face look like you a man. You strong face out of here. squirt stupid. >> All right. >> Me? >> Yeah. Just making sure you're okay. >> My my feelings are hurt. >> No, I'm not worried about worried about >> physically. No, I'm fine. >> It would have been easier if she wasn't pregnant, but you have to be gingerly. That's That was a hardbody else out. >> Obviously, I wasn't here for the whole >> How you doing? I want to know what crime did that I committed. >> Okay. Okay. I'll let you know. >> Okay. Let me know down. I have the right to know that. >> Sure. >> Okay. >> So, you have trespass. >> I ain't got no trespass and I come here all the time. >> You're asking me and I'm telling you. >> Excuse me. >> That's what I'm doing. I'm asking you and I'm telling you, >> ma'am, don't touch me. You dirty strong face. Yeah. YOU MAD CUZ A BLACK LIKE ME LOOK BETTER THAN YOUR DIRTY WHITE bum ass. >> Okay. Okay. Relax. If you want me to help you. >> No, BECAUSE SHE CAME IN. I JUST ALREADY GOING THROUGH A SITUATION WITH MY CHILD. AND I JUST WAS IN THERE BUYING THE ITEM. I AIN'T GOING THERE DOING no crazy dumb ass. No. REWIND THAT BACK. Y'ALL RIGHT HERE. Y'ALL POLICE OFFICERS. Y'ALL GET ACCESS TO ALL THAT. I AIN'T GOT TIME TO BE SPRAYING MY MOTHER TO NOBODY. I KNOW I AIN'T COMMIT NO MOTHER CRIME. You got me up. I know THESE POLICE OFFICERS BE FOLLOWING. I know these mother watching my I know these mother listening to my and y'all know THAT TOO CUZ Y'ALL STANDING RIGHT HERE ACTING LIKE Y DON'T Y'ALL MOTHER DO STOP PLAYING WITH ME LIKE I'M y mother dumb stop me so don't me >> I'm not going to play you that's not WHAT I'M ABOUT >> WHAT AM I GOING TO JAIL for just tell me >> I will I will tell you okay there's a few things we can do and I'm trying to not make that happen >> okay >> but in order for that not to happen I need your name and your date of birth >> I don't got I'm not I'm given my name and my date of birth cuz I [laughter] have not committed no crime BY MY CONSTITUTIONAL RIGHTS. MY CONSTITUTIONAL RIGHT SAY IF I HAVE NOT COMMITTED no crime I SHALL NOT GO TO JAIL. >> How old are you? Just tell me how old you are. >> I'm 30 years old. >> Okay, you're 30. You want to know how old I am? >> Sir, I don't know how old you is. >> What's your first name? >> My first name is Jasmine. >> Jasmine, I'm Brian. Very nice to meet you. I wish we would have met under different circumstances. I'm serious, man. I'm >> here. Okay. So, >> tell you I have children who who are your age. Okay. And I I treat I promise to treat you with the with the utmost respect. >> But it's a two-way street. >> Okay. Now, there's a few things as a supervisor I am capable of doing. >> Mhm. >> But in order for that to happen, I need to verify who you are. >> Mhm. >> Okay. So, what I tell people is this. If you give me a name and a date of birth that I can verify, >> I can give you those options. I can I have to I give my name and date of birth and you get me up out this car. Sir, >> you said it's a two-way street. It is. >> Okay. So, you said we need to give right now. We need you to give right now. >> So, you should be able to get me up out this car. >> I know your first name. >> You're a supervisor. >> I am supervisor. >> Okay. >> All right. So, so that being said, I know you told me your first name was Jasmine, right? J, >> I'm not going to play with you. I'm going give you my name. I'mma give you my name and date of birth. You said it's a two-way street. We working together. You should be I want to get out the You should let me stand with my handcuffs right here and get out this car first because I'm cosmophobic. I'm already pregnant and I don't need TO BE IN NO CAR AND STUFFED up like this. >> Put your feet right here. There. I met you halfway. I met you halfway. Take deep breaths. Relax. I I'll even get you a bottle of water. I have no problem with that. No, >> man. I don't got time for this stuff, okay? I don't got time for this stuff y'all got going on. Y'all know what y'all got going on. And I'mma speak about this when I go to this TV show, TOO. THEY MAD BECAUSE THEY MAD BECAUSE I'M ABOUT TO BE A CELEBRITY. They mad because I'm getting offers for a TV show. They mad because all of that, too. So, stop it. >> Okay. So, so that being said, I want you to do this TV show. I want you to do all this stuff. >> Yeah. I go November the second. I go November the second to the TV show as a special guest. Which show is it? >> Sherry. Yes, it's a TV show called Sherry. S H E R R I. I can show you on my phone. >> I'm sure I'll I'll I might I don't discount you. I don't >> The same thing the police did when I had an audition to go to the TV show The Apollo. They did the same thing. They did the same thing trying to do stupid stuff. I'M TRYING TO DO ALL I'M TRYING TO DO IS BETTER MYSELF IN MY LIFE. and I want you to. But like I said, it's you have to you have to you're you're you're taking away your options by by not giving me the little things that I'm asking for. All I'm asking for is a name and a date of birth. That's yours. >> That's it. What am I going to jail for? >> You're not going to jail at all right now. Not yet. But if you fail to give me a name and date of birth, there's this little thing called obstruction. >> And I'd rather not charge you with that, >> bro. I'm not I have not committed no crime. Jasmine, >> I have not committed no crime. Not even giving me your name. Why should I give you my name in my database? >> That is a crime. >> How if I am here as as a as a police officer in my official capacities investigating something that may may or may not have happened. >> This is so crazy. >> And I'm trying to go in I'm trying to go in your direction to help you, but you're not looking to help me. So, that being said, I'm going to ask you one more time. Will you please >> This is so crazy. >> Give me your name and date. >> I got to talk about this when I go on this TV show, bro. >> I'll even give you my name. >> This is crazy. >> Talk about me. >> Okay. This is crazy, bro. >> All right, Jasmine. What's your last name, sweetheart? >> My last name. >> Can you spell it for me? >> D U M E. >> D U M E. >> This is crazy, bro. >> That's it. Just d u m e. >> Yep. >> Okay. What's your date of birth? >> Jasmine. J A S M I N E. >> Do you have a middle name? >> And what's that? >> My last name is D. Du M. My birthday. >> I just want to know what did I do? My middle name. >> Jasmine. Do you have a middle name? >> My middle name? No, I don't have a middle name. >> You don't have one? Did you ever have a Florida driver's license or ID? my ID at the house. I stay right across >> with a Florida ID. >> Mhm. >> Okay. All right. We're going to verify that. All right. So So let let me Now now that you met me halfway, I will meet you. Fair enough. >> I'm not looking to put you I got to ask one more question. How many months pregnant are you? >> I'm 6 months pregnant. >> And this lady didn't even come in the store and ask me what's going on. She come in there and say, "What's going on, man? wise these people. You just automatically sit up there and just assume because I'm a black woman that I'm being aggressive. I'm being done when you JUST SAT UP THERE and you stood there. She stood there for 5 10 minutes and listened to me and you seen I ain't do nothing. I'll review that and I'll make sure whether that did or did not happen. I'll validate that. Invalidate it either way. But right now what we're looking at and it's not verified yet. It's not. Okay. Okay. Doesn't mean you are or you're not going to jail. Is that the manager asked you to leave and you failed to leave. So that's >> he never came and asked me to leave. >> I'll take your side of the story. Just just >> now they learn. >> So if that's your name and I the obstruction charge doesn't happen. Doesn't happen. >> This is crazy. Now this man lied for you. >> Yes. This man just lied and said he told me to walk out the store and leave when I was in the just standing there on my phone online. A thousand people. No, he never asked me to leave. Cuz if you asked me to leave, I'm the type of person that would have walked up out your store. I walked to the counter. Why would I even walk to the counter? This the store I always come to. Why would I even walk? She came in. She seen me walk to the counter with a comb and a toothpaste. Why would I even come walk to the counter if you just told me to leave? That don't make no sense. You got to make this stuff make sense to me, man. And it's not add enough to make it sense to me, man. >> Yeah. >> Yeah. So, Jasmine Jasmine is be honest with me. >> My name is Jasmine. >> Why would you use D? >> Oh, that's my name. I don't use my marriage name. >> Don't use your marriage name. >> No, sir. >> I use Jasmine. What is you trying to tell me? >> So, so Jasmine, >> what are you trying to tell me? my friend. I'm trying to to verify. >> Okay. What are you trying to tell me, sir? I'm trying to figure out what you're trying to tell me right now. >> Okay. So, you just made an error when you gave me your when I asked for your name, >> sir. I have to give you my my name, Jasmine Dum. All of that is in the system. >> Okay. >> You and me, right? >> That's the same thing. I don't go off by that. >> No. >> Okay. But you did at one point, right? >> At one point you did, right? >> Okay. Under Terry versus Ohio, the officers, you're not free to go right now is a Fourth Amendment seizure and a store manager's live report of thrown merchandise, and a refusal to leave provides the articulable suspicion to support it. Officers aren't required to explain a Terry stop the moment it happens, and courts have consistently upheld that. The subject asked, "What did I do eight times across 3 minutes and got no answer that silence drove the entire escalation?" Graham versus Connor holds that force is judged from the officer's perspective at the moment, not in hindsight. An arm grab during a lawful detention falls within soft empty hand control. Handcuffing to the front rather than behind the back is standard protocol for a pregnant detainee. It reduces abdominal compression and positional risk. The officer applied it without instruction and in a volatile arrest that reflects accurate situational awareness. City of Houston versus Hill settled this. Offensive language directed at law enforcement cannot independently support an arrest. Everything Jasmine said to the officers is constitutionally protected and not treating it as grounds for escalation is the legally required response. Battery under Florida statute section 784.03 requires actual physical contact. The spit didn't reach the bystanders, so there is no completed offense. The officer informs them of their right to press charges. They decline. Under Florida statute section 810.08, trespass in a structure is a first-degree misdemeanor when the subject remains after being warned to leave. The manager says he gave that warning. Jasmine says he never did. Florida statute section 843.02. Resisting without violence requires only that the subject obstructed an officer in the lawful execution of a legal duty. Jasmine's refusal to comply and failure to identify after arrest each independently satisfy it. Both charges are first-degree misdemeanors county jail, not state prison carrying up to 12 months and a $1,000 fine per count. The court imposed $97 in fines with no incarceration. The first officer receives a C plus legal stop, correct pregnancy accommodation, [clears throat] no excessive force. The grade reflects one gap. She never answered what the subject kept asking and that silence required supervisor intervention to repair. Supervisor Brian receives an A minus. He secured identification through rapport, explained the trespass charge directly and offered to verify both accounts through surveillance. One deduction framing identification as a prerequisite for options edges toward coercive territory, though it held within bounds here. Jasmine Dume receives a D+. The conduct in the store created this situation and refusing to identify after arrest added a resisting charge she could have avoided. Her account of the trespass element has internal logic. It deserved investigation before the arrest was made. Not stating the basis of a detention is legally permitted, but this encounter paid for it in escalation that required supervisor repair. One direct sentence naming the complaint at the outset would have changed what followed. Florida lacks a general stop and identify law section 856.021 021 applies only to loitering and prowling. Refusing to give a name after an arrest is stated attaches a separate resisting charge to whatever the underlying dispute may be. 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.