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I did not touch nobody. I just went in there and got my stuff. >> You are being seen as the primary aggressor. That is why you're back there, okay? >> Put your hands behind your back, dear. >> I'm not Tamika. >> All right, well, put your hands behind your back. Well, you're under arrest. You're going to jail. >> Why? >> Uh for domestic. >> I didn't hit nobody. >> All right, well, she has swelling above below her eye. You're under arrest for uh domestic and possibly domestic times two, and then uh criminal damaging at this time. >> What? I didn't do nothing. >> December 25th, 2024, >> [music] >> Akron, Ohio. Police return to the same apartment twice in one day. A mother with a swollen eye, a daughter just home from college, broken glass across the floor. The real issue is not who started the fight, it is how Ohio law decides who goes to jail first. >> Hello. Come on, Tamika. >> Yeah. >> I figured. I figured. All right. Listen, yelling's not going to help. Listen, listen, okay? I know, I know, I know, I know, I know, I know, I know, but yelling please go ahead. Here, let's go let's go talk to my I haven't I have I have no idea what you're talking about. I have no idea what you're talking about. I wasn't at whatever call you're talking about. Okay, well, yes, I don't know. I'm not the same man. I did not deal with you today. So, stop. I told you she's yelling. Well, she's not listening. She's Thank you. I appreciate Well, she's not listening. She's not listening. >> I already told her to stop, okay? >> Thank you. Okay. See, that that's >> What else do I need to say? You can see it. >> Okay. Give me a sec. I'm trying to get everyone here. That's We we try to calm down the situation, but when no one's >> I'm in there. Did you just see me barricading in my room, sir? >> I mean, I see the door shut. >> I got barricaded in my room cuz she hit me. >> Okay, I don't even know what happened. I wasn't here. >> Okay, well, I'm telling you what happened, sir. >> Okay. Okay. >> I'd like to press charges. >> I appreciate that. Okay. What happened today? >> Everything was cool. I took I I'm trying to take my sister right to drop off gifts. She gets up in my face because I'm doing my opinion about the boy. I think he should go back with his mom. I don't think he should be away for six, seven, eight months. No, I don't think that. They get upset because they want to take him and raise him. They got him an Xbox. That's cool, but when I'm driving, you're not going to be doing this to my face. I'm sorry. But you're not going to be doing that to my face. So, I left the scene and her the mom I have to She text me saying, "Come get your [ __ ] You're not allowed back in my house." because she wouldn't listen to her daughter. I ended up there. He got child endangerment charges. You didn't raise your own kids. Why you trying to take the boy away from his mom? Yes, I understand that she need to listen to calm down the whoopings, but at the end of the day, he should still go back to with his mom. No, I just got here from sister Nattie and they just got here. I was first generation kids, college student. I'm a first generation college student. I didn't want to come back home to all this. This is too much. I just told you what happened. >> Okay, you told me that she hit you and busted up your house. So, what occurred like what occurred? I need a little bit of elaboration. >> She left with my daughter. They came, they went over there. Next thing I know, I got a a phone call from the Akron police. She hit her in the car over there. I caught a lift over there to go get my daughter and my car and brought them back home. And she just came back in. I thought she was going to get her stuff. She proceeded to yell and start throwing [ __ ] She punched me in my face and broke my phone. >> Okay. >> I'm not >> Did I say you're lying, dear? >> Go get Cartier, Shanae. Go get Cartier, Shanae. That's what you do. >> her face, dear. >> And Shanae got scratches on her face, too. >> What happened here? >> She do something to me. >> Okay. Okay. >> That's my That's my own family. Then you get mad cuz I don't want to take custody of you. No. Nobody No, I think you should go back with his mom. What was her normal? Do you see this bite mark on my arm? She been whooping my ass all my life. So, don't be act like a hypocrite. Talk to your daughter. >> Okay. >> Huh? >> What? >> Can you get my nephew, please? We need him. >> No, he's fine. He should go back home. >> He needs to go back home. >> He can He can be right here right now. >> He asked for him, not her mom. >> No, the officer? >> Okay. >> Does she have any marks on him at all or on her? >> Shanae, you have marks on your face? No, I never hit her. I came in my room. >> Shanae, I know you've been back here for a week and you already started a whole bunch of [ __ ] >> Hudson. >> If you got to have the faith to do it when you're not at home, then go have faith now. >> Do you want the kid? The older kid? >> The baby. When can we get my grandson up? >> All right. I do see some swelling. All right. So, you want to press charges? >> Yes, I want to press charges. >> Okay. >> And she tore my house up. Also, she also tore up my house. >> So, she lives here, though, right? >> No, no, no. She just came back for the holiday. >> Well, if you want to If you want to sign If you want to sign charges on that one, then you would have to sign those charges for the criminal damaging for the house. But, we can sign the DV charges cuz I see that you do have swelling right there. I mean, she's not going to have any I'm asking again, though, um cuz she doesn't have any >> Okay. Wait. Wait. >> Please, she's Does she have any injuries that you know of? >> No. >> Okay. >> I don't know where none of her stuff is. >> She's holding him back. We're not 13. We're not 13. >> Shanae, you can't do that [ __ ] when you can't do it with me. I'm getting out. My stuff is out right here. >> Sh- Tamika, put your hands behind your back, dear. >> I'm not Tamika. >> All right. Well, put your hands behind your back. Sorry. I didn't say your name correctly. >> Why? >> I'm going to figure it out. Okay. That's fine. >> I'm going to put two pairs of cuffs on you. >> Okay. >> I got to get her. >> I got two pairs. >> I got masses of grief. I don't have to I don't have to argue and fight. I don't want to fight you. >> Uh two is just uncomfortable. >> No. >> That's all. It's just cuz it's more comfortable. >> if you want to be uncomfortable, okay. I'm trying to >> I want to go to my bed and go to sleep. >> Okay, well, you're under arrest. You're going to jail. >> Why? >> Uh for domestic. >> I didn't hit nobody. >> Uh well, she has swelling above lo- below her eye. >> Who? >> Huh? Your mom. >> Who? I didn't hit nobody. Come out of my house. >> Okay. Ashcraft, take her outside so I can handle the all this in here, please. Okay. So, I got a I got a couple of things I'm going to need you to do, okay? So, I'm going to bring up a statement form from you. >> Okay. >> Um I see the injury to your eye, okay? >> Yeah. >> Um there's some minor swelling right now, so I may need to just put an ice pack on it, okay? And I did see a little bit of swelling when I shined the light on it and the picture shows it on the picture I took, okay? Um who is this now? >> That's my baby girl. That's my daughter. This is all my daughter. >> And she has scratches on her. Where did that >> That occurred. They So, they left to go drop off some Christmas presents, right? As I was driving. Next thing I know, I get a call from an officer saying Arshnae jumped on her, I guess, in the car and and jumped out the car and caught an Uber somewhere, left Arshnae in the car. Arshnae don't know how to drive. >> Yeah. >> So, I go I catch a lift over to my car, get my car and bring Arshnae in and back home. And here she come back in the door, uh you know, I'm like, you know, it's Christmas. Hopefully, we can get things together. No, she flipped out. She completely flipped out. >> Okay. >> I didn't put my hands on nobody. I don't know what the They talked about They just sit here throwing glass and [ __ ] at me. You see all that glass? I'm under arrest. You see all that glass? What are you talking about? Why am I under arrest? Can you please explain my rights? >> Yeah. We'll go >> Please, I want to know every single right in this >> I'll explain it. >> Well, explain it, girl. Cuz they want to take people's kids. You've been beating kids your whole life. All types of child abuse that you ain't talking about. They want to take somebody's kids and get mad cuz I don't want to take them. You don't have a toxicology to take your own grandson? you. >> All right, you said you do want to pursue charges for criminal damaging and she doesn't live here. >> No, she >> So, she's not going to tell us that she lives here? >> She just came back from school. She got evicted. Yeah, I let her come stay. >> Okay. >> She just She ain't been here a week, just like she just told you. >> Okay. All right, well, if you want to sign the criminal damaging charge, then I we can take you down and have you sign that once we get her loaded up in a wagon to go to jail. >> I mean, I don't want to get charged for this. >> Well, I I'm not Wait, are you Wait. Cuz I said I would take you down so you sign the charge. >> I'm saying it's it's Christmas. I really don't want to go down to the police station, but I'm going to have to because my what is my landlord going to >> Yeah, I mean, unfortunately, yes, it's Christmas, but it's um I mean, unfortunately, she misbehaved. Okay. >> [ __ ] I just got done working for the police department. I don't worry about no police like you are. You are the one with the misdemeanor. You are the one with charges. Where am I going to get arrested? >> We're going to get that figured out. Let me talk to my partner, okay? >> Because I shouldn't get to this your third second time. Excuse me, right? Was I Was I acting a fool the first time? >> No, it's >> Exactly. >> That's why I wanted to talk to you. That's why >> Not somebody that already got criminal charges. Hey, hey, hey, listen. >> That's why I wanted to talk with my partner first to get the full story, okay? >> Thank you. >> You can look at my resume. I just got done working for the Cincinnati police. I ain't worried about no damn police like she is. >> Too. >> Why would she have swelling above her eye though? >> I don't know. She was throwing glass. They was throwing glass. >> Can I go talk to your other daughter real quick? >> Yeah, the daughter I seen She was up there too. >> Hello. You in here? Hi. >> She is upset because she feels like we waited till she came home from school to do this. Like, no. She doesn't even have a place or anything. She's upset cuz she doesn't want to raise him, but you don't even have a house or nothing. What is you upset for? Like, she don't You don't got to take him to school every morning. You don't got to get get him to a doctor's appointment. You don't got to do none of that. Why are you even Why are you even saying that? >> Mhm. >> She She was at school. She went to grad school. And we we gave her all the best in the world because we all been through stuff and you know you going to school you did your thing got your master's degree we're proud of you but when you came home you felt like we did this because you know he is his safety it's we it's it's it's not about us no more and like I said she don't even got to do nothing but you don't even got a car or house or nothing it's not like my mom can't do it and get the the the emergency custody and get him she went to my sister's house taking her taking his clothes taking pictures of his room all types of stuff and I told her why would you do that you why didn't you just leave mommy left everybody left why wouldn't you just leave she had to leave her own apartment and called the police on you for you to leave Ijanae you keep doing that >> Why I'm going to the county? I don't understand why I'm going to the county. >> You're going to prison for me. >> So now I'm being set up because you just seen me in here right? And she had no problem. She didn't know. >> We're going to we're going to we're going to get your side of the story all right? >> No cuz that's not fair. Jesus. Did she just see me here? So I don't know why I'm getting arrested when they got child endangerment charges and she won't be keeping no child in the first place. I don't understand why I'm getting arrested. >> Okay that's it. All right. All right you can't question me then you don't >> Why am I getting arrested? >> No she she said no. >> Okay. >> What's that from a picture? >> Yeah she broke my stove broke pictures on the wall. Merry Christmas to me man. I still don't understand why I'm getting arrested. I didn't do nothing but try to get my bag y'all seen my bag on the table. >> Well I wasn't here for that part. >> Exactly so why why is not everybody getting arrested? >> They're going to explain it to you. >> No this not fair. >> To the male and female that were there originally they're going to explain. What's your name? >> No I don't know my name cuz I don't understand why I'm getting arrested. And then you know they be a mission malicious but today they said haha bye to your degree what? Y'all not even understanding it y'all just how do you know kind of what they somewhere down glass so what if I what happened right after I fell with the glass? Since nobody's not understanding the story. Yeah, so why am I getting arrested? Can I just get my stuff and go? Because that's what I was doing in the first place. No, that don't make no sense. Now, this is a dismissal right. Because I don't have a clear understanding of why I'm being arrested. I was trying to get my stuff. I wasn't trespassing. The other officer seen me here. What's read Miranda? Oh. >> When the officer photographs the swelling on Tamika's eye, that is the pivot point. Ohio Revised Code Section 2935.032 does not require a signed complaint or a victim willing to press charges on scene. It requires probable cause and a visible injury. Both boxes were checked the moment that photo was taken. While that framework protects victims who might otherwise recant, it creates a real problem when the person being arrested also claims injury. The subject said glass was thrown at her. She offered Lyft records to show she had been there less than 10 minutes. Still, the law puts the decision in the officer's hands based on what is visible, not what is alleged. And that gap is exactly what this footage keeps circling back to. On the Fourth Amendment side, a warrantless arrest must be supported by probable cause as established in Gerstein versus Pugh. The Illinois versus Gates totality of circumstances standard applies here. Officers weigh everything available at the moment, not everything that surfaces later. The subject's verifiable facts, Lyft records, timestamps, go to court, not to the scene determination. That said, her account was specific enough to matter at trial. It just does not move the arrest. >> I don't understand why I was getting arrested. Nobody Who why. How? I didn't do nothing. >> That's what he said up there. >> That's what he he just got here like you just got here. That's cheating. I don't Don't you know that's cheating? That >> He's going He's going to explain everything. >> I did not put my hands on nobody. I did not touch nobody. I just went in there and got my stuff. Did y'all see me put my hands on somebody? Did y'all see me put my hands on somebody? Nobody see me put my hands so y'all trying to just frame me. >> So did you have the uh scratch marks and stuff when the officers previously showed up or was this after they left that she assaulted you? >> Oh no, I had to when they showed up they see me like this. And they they asked my mom if I took pills. They asked my mom if I was on medication. No, I'm a hysterical cuz you just [ __ ] hit me. And she left me stranded. I don't even know how to drive. >> Let me all right. Regarding your your incident, let me go call the officers. >> them I wanted to press charges on her before she just came and did that? I told them I wanted to press charges >> is Where are the scratches at? Are they Where are they at? >> She hit me twice in my face. >> Okay. >> You're just not >> Okay, let me go call let me go real quick call the officers and figure out cuz where I'm where I'm kind of uh in a pickle here is it happened over there. So let me figure out what we can do for you, okay? >> I understand y'all trying to calm me down, but y'all don't have to put handcuffs on me cuz this is against my rights. >> It's not against your rights to put handcuffs on you. >> I didn't hit nobody. You should just see me here day before and I'm just trying to get my ballot and go. >> ACRONIS a preferred arrest state whenever it comes to domestic violence because Hey, listen. Because she has swelling above her eye, because she has that injury, you are being seen as the primary aggressor. That is why you're back there, okay? >> I did not put my hands on nobody. >> You did not give me a full statement when it came to what happened and you're still not listening. So I've explained it to you. You now know, okay? Ma'am, I tried to listen to you. I have. I've asked you many questions. >> And just say oh well she not swarming me her they are throwing glass at me. I was on the side with glass. If I was trying to put my hands on somebody, well then why did that boy didn't stop? Hey, I didn't I just came back a week ago. Why would I get arrested? Like I'm not about to waste my time on my career for this. Cuz I want to get out of their house. I I got a whole two tubs worth of stuff there. I'm trying to get my stuff and go. Right, I just came from Cincinnati. I I don't have no beefs with nobody. They trying to take that boy's son away from his mother. I sent my peers. They told me get out. I got tried to get my stuff. She They start throwing glass at me and start jumping on me. It's glass everywhere. I don't think this is a one-sided conversation. This is like annoying because I I I don't know. I don't know. Being the first generation being around family that is doing They won't understand. But that's probably why we was all graduated from the system because of this [ __ ] >> Do you understand your rights today? >> I don't understand what why I'm being arrested. >> my question. Do you understand your rights? >> with? I'm getting charged >> Do you understand your rights? It's a yes or no question. >> charge me if I don't know what I'm being charged with. >> You're I'm not forcing you to tell me what happened or anything like that. I'm asking if you understand the rights. And then I'll tell you what you're charged with. You're not admitting anything to me right now. You're telling me you understand what I just read to you on the back of the >> Okay, I understand my rights. I I don't I don't think I >> So you're under arrest for domestic and possibly domestic times two and then criminal damaging at this time. >> What? I didn't do nothing. >> Well, you hit your mom. She has swelling below her eyes. She has swelling below her eye. >> They are throwing glass. They were throwing stuff at me. >> And she wants to sign charges on you for criminal damaging for the oven that you broke and the lamp. >> I didn't I didn't break that. My sister broke that. >> She wants to >> Well, what can I know? My sister broke that. >> And then your sister wants to sign charges on you for DV for the fight that happened on Romig. >> I didn't fight her. Did you talk to the officer? >> I I just did. I just did. >> And I left. >> I just I just talked. >> And what he said? Cuz he didn't arrest me. >> if she to sign charges, he'll meet her down there and she wants to sign charges on you. >> I didn't do nothing. >> So, okay. Okay, is that >> I'll tell you, but do you want to hear my side cuz I didn't do nothing. >> course. >> Well, she asked me to take her around and drop off Christmas gifts. We were talking about the situation with my sister. >> Mhm. >> Like that she was here the first time, right? So, I told her I said, "Hey, I don't feel like we should be taking him for months, but probably a week or two for Christmas break." She started getting mad. As I'm driving, she's pointing her finger in my face. >> Mhm. And this is the one with pink hair, right? >> Yes, she's pointing her finger aggressively in my face, screaming screaming at me. And that's when I Roman Road, I pulled over randomly. I pulled over randomly. And I got out the car. When the other officer came, the car was locked. I never put my hands on her. Just like this. I just got a lift. I haven't been here for more than 10 minutes. >> Why would she have a scratch on her forehead that's bleeding? >> I don't know. I left. The other officer never arrested me. I don't have nothing. I came here to get my stuff. That's why my stuff is in the boot back. There she was throwing stuff from the other room. I don't have nothing to do with this. I'm telling you the truth. >> Well, I'm telling you your mom has visible injury, so I'm arresting you for domestic and if you want to sign charges >> stuff. They were throwing stuff. >> you can fight that in court, dear. Okay? >> Why but why do I have to be arrested for that? >> explained it. >> I shouldn't have been babying her. >> [gasps] >> Oh my god, what in the world is wrong with me? I just got done. God, I just graduated. What do they want from me? I don't want to take nobody's kid. >> All right, dear. So, I spoke with that officer that was on Just hear me out. I don't know what happened up there, but I need you to just listen to me real quick, okay? So, apparently you were still pretty hysterical cuz of what had occurred, right? And you weren't very happy with him at some point, okay? And he did wasn't able to observe your injury. I told him you have an injury. He's more than willing to meet you down at the station if you want to pursue a domestic charge on your sister. Um I told him that your mom's going to be going down uh, with us to sign charges so we could take you down there. He's currently on another call, but he has no problem meeting you down there to sign the charges and do the report, okay? All right, so just continue filling that out for what happened on Romig, okay? >> Thank you, guys. Is it possible if I have to talk to the sergeant? I need to talk to the sergeant because this is unfair. This is the third time the police have been involved and I haven't been a hostile character since. So, putting charges on my career that I just got is is is is not for me, honestly. I can't just go down without a fight. >> Ma'am, have you stepped out? We're going to put you in that cruiser over there, okay? >> Where am I going? >> You're going to jail. >> Why? >> Here, he explained it to you. >> Is that what I was saying? Like, DV I've been I I helped clients with DV before. People don't go straight to jail with with DV. I've never I've never heard of that. >> Let's get you in the other car and I'll talk to you about it, okay? >> No, I you have to take me somewhere else, but people don't go straight to jail for DV. >> They do, actually. >> I didn't I never do it. You all have no proof that I did it. They were throwing stuff at me. Um, people are not protecting me. >> Listen, we're not going to argue this. The time to argue this charge is in court, okay? You are getting arrested for DV. You've already been arrested for DV and you are going to jail for DV. >> I didn't do nothing. >> Listen. >> I did not do nothing. >> It is a family offense and it is something that in the state of Ohio we are required, if we have the probable cause and all that, to do the arrest. >> cause? >> Listen. >> That happened to my face. They were throwing glass at me. Why you Why do you Why people don't want to ignore that fact? They were throwing glass. My book bag is on the table. I'm trying to go. I was trying to leave. They were throwing glass at me and I was just here. I should not be getting charged. Can I file charges? Cuz if everybody's filing charges, I should have the right to file charges, too, right? >> Your mom has a swollen eye. How did that happen? >> She They were throwing glass. They were throwing I just got here. Can you check my blood? I can show you my lip and tell I just got here 10 minutes 10 minutes ago. >> glass at herself? >> She threw They was throwing glass from the other room. We was all arguing. They throwing glass at me. The daughter was throwing glass. They was all throwing That's how all that glass is everywhere. I promise to God I didn't do nothing with glass. They was throwing glass at me. Like I told her, I may have threw some things back, but I did not put my hands on her. >> Okay. >> Everybody should be going to jail. It's not just me. >> Based on the evidence? >> What evidence? >> All the stuff that's smashed there based on the stories >> that. >> Listen. >> They did that. >> Based on all the stories of the people in there. >> They did that. >> Based on what you observed. >> Did you ask Did you ask the child? Because I don't believe that's her That's her boyfriend. So, of course, she's going to believe him. No, I don't I feel like that's not fair. And like I said, I built I worked with many clients with DV charges. They don't go straight to jail. >> Step out. >> Why? Why am I going to jail? >> the car. I'm not going to sit here and argue with you all day. I've already told you this is not the time to argue. >> Why? I don't I shouldn't be going to county jail. This is just here. >> Step out. I have listened to you and I have explained to you. >> But you haven't protected me. >> But listen. >> What what what what did I do? But but send me in the county for what? I didn't do nothing. The other officer just let me go. >> Get out. >> Me and here I go. Don't put your hands on me. >> You're going to get out of the car. >> She also still has her phone in her bra. >> Yeah. >> Over here. >> So, you really don't believe them after you was just believing my sister? >> Listen to me. >> Can I write you something? Cuz that's not fair. Why Why can't I press charges? >> Listen. >> You you you not answering my questions. So, how do I know why? >> I'm going to take the right cuff off and you're going to take your phone out of your bra. Do you understand? >> Why? Can I press charges? >> Yes or no. Do you understand? >> Just tell me what to do. Just tell me what to do. >> No, you're going to take your phone out. >> I I want to keep all my items. Just take me to jail. Because I I at this point it's not fair. And I didn't do nothing wrong. The other police officer said I didn't do nothing wrong. I just got here. I'm trying to get my stuff. Now they're arresting me. >> the car. Get in the car. >> Please. Like I I at this point no nobody's not listening to me and >> Joe, you can take it out. >> So, if talk to the sergeant >> For what? >> Because I don't I don't think this is a fair analysis. >> Okay. I'm sorry that you feel that way, but again, um that's an argument for court. >> But this is not fair analysis. I didn't do nothing. I don't deserve to go to jail for doing my stuff. I don't I didn't do nothing. I don't I don't even live in accurate. I just got here a week ago, literally. >> Okay. >> I know that I have rights, too. If I can't file charges on them, they can't They It's It's a two-way street. I I I work with clients with this before. I know what I'm talking about. >> Okay. >> This is the third police department third time the police did a crime, and I've been corroborated with them. Okay? So, I've been corroborated this whole time. I never had an issue. Okay, the boy is took. Now, every It's Christmas. She feel bad cuz she don't have her son. Everybody's talking about it. I give my opinion, "Hey, you know, I just don't want to take nobody's son, and he should go back." Everybody get mad. Everybody in the upward. People talk about, "Well, you don't love us. You don't this. Do not this." I shouldn't have to carry the family on my back. I already been doing that during childhood. That's the reason why I left in the first place. So, domestic violence, that's a felony and misdemeanor? What's up? >> As long as long as you have no priors, it's a misdemeanor. >> Can I get it off my record? >> I don't know all the specifics >> See, they're trying to ruin my [ __ ] career, them hating ass [ __ ] Yes! [screaming] Why? They just want me to be miserable like they was. It's not my fault that she overdosed on crack and pissed me off. >> Yeah. All right, go and sit down. >> And then you'll say, "I don't have no rights at all." I know y'all want to hear >> You have rights. That's what I'm >> No, because What about my phone chargers? So, why am I even here? I didn't even do nothing. >> On the Fifth Amendment, Miranda versus Arizona requires anyone in custody to be advised of their rights before questioning. Officers did read Miranda, but the sequencing was the problem. The officer asked for rights acknowledgement before disclosing what the subject was charged with. Confirming Miranda comprehension is not an admission. The officer explained that correctly. But Ohio Revised Code Section 2935.08 requires disclosure of the cause of arrest as soon as practicable. Earlier disclosure would have cut the resistance in half. Ohio Revised Code Section 2919.25 defines domestic violence as knowingly causing or attempting to cause physical harm to a family or household member. First offense with no prior convictions is a first-degree misdemeanor. The officer answered that correctly when asked. Ohio Revised Code Section 2909.06 covers criminal damaging, knowingly causing harm to someone else's property. Tommyco alleged the subject broke the oven and other items. The subject denied it and attributed the damage to the sister. That dispute goes to a judge, not to the officer on scene. There is also a second DV incident in play. An earlier altercation on Romig Road. The officer from that call did not arrest the subject, but the sister indicated she wanted to sign charges at the station. Meaning two separate counts from two separate incidents on the same day. Under Graham versus Connor, force must be objectively reasonable from the officer's perspective at the moment. Physical control here was limited to handcuffs. No escalated force was used. The phone retrieval process was handled with patience. Officer Wilson stayed methodical under sustained verbal pressure. He attempted to hear both sides and did not escalate tone. The one procedural misstep was Miranda sequencing, a training point, not a constitutional violation, but it drove unnecessary friction. Officer Ashcraft handled scene separation effectively, removing the subject from the primary interview area. Offering to uncuff one hand for phone retrieval reduced the risk of a physical confrontation over a minor issue. Ashcraft said less and did more. The subject had real facts on her side, Lyft records, claimed injuries, a prior officer who did not arrest her hours earlier. But she buried those facts under repeated interruptions and sustained emotional argument on scene. Her frustration was entirely understandable, but the system does not reward frustration on scene. It rewards documented facts, and those get built in court, not in the back of a patrol car. Tamika followed through where it counted, agreed to go to the station and sign formal charges. Early shouting and demands complicated officer information gathering. A calmer, more specific account earlier would have moved things faster. First lesson in a preferred arrest state, a visible injury is a legal trigger, not just an observation. Ohio Revised Code Section 2935.032 removes the scene decision from personal judgment when that box is checked. Know this before a dispute ever escalates. Second lesson, you have the right to know what you are charged with before transport. Ohio Revised Code Section 2935.08 covers that. If officers do not tell you, ask clearly and calmly. A specific question on record matters far more than an argument in the moment. Third lesson, the scene is not where you win a DV case. Verifiable evidence, records, timestamps, a counter complaint at the station, those are the tools. Arguing with the arresting officer does not move the needle. The outcome of this case, as of this analysis, is unknown. No court records were located. If you have information on what happened after this arrest, drop it in the comments. And if this breakdown was useful, hit subscribe.
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