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- 2026-10-22 23:57
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Get up. >> No. >> Alpha 101. >> Alpha 101. >> I'm suing you, Annabelle. [clears throat] >> Extremely intoxicated. >> Yeah, I'm extremely intoxicated. >> Jennifer, you're about to go to jail. Okay. >> On December 14th, 2023, Broward County officers responded to a restaurant for an intoxicated employee refusing to leave. >> One of the ladies, I guess she drank too much, getting a little violent with some of the other people. a lady. I seems not to be going that bad right now, but >> is this her? >> The black strips. Okay. >> Black and curls. >> Got it. >> Maybe back. >> See if they can straighten it out. >> Yeah. Okay. >> But they they said he could call you. So, cuz I'm not touching. >> Yeah, of course not. Ask Yes, ma'am. How you doing? >> We have an employee that had a little too much and we don't want to leave her here. She's refusing to get an Uber to go home. I don't know what we do with her. [laughter] >> How did she get here? Do we know >> Uber? She won't give us her home address so we can call an Uber. She's like really sauced up. >> Really sauced up. That's a good way to put it. >> She's right there in the >> What's her name? >> Gentleman. >> Okay. And the gentleman with her is an employee also. >> Yes. You guys know we want to talk to her, but she's gotten like abusive and >> okay >> talking about boyfriends and so the drinking's just stimulated a lot of negativity, I guess, emotions. Okay. >> Yeah, she was with her at work. >> Understood. Okay. Um, >> we just want to make sure she gets home safe. Another thing I want to mention. >> 100%. >> She did lay her hands on Annabelle when Annabelle told her she needed to like try to like leave now. She got up and pushed her. And you know, we we can't really let other employees pushing other employees. >> Are you the manager? >> No, he's the owner. >> You're the owner. >> Multiple times. >> Sure. Sure. >> Ultimately, we're all ready to leave now. We paid our bill. I think we're going to pair it up. We can leave. It becomes your problem afterwards if you guys want to get rid. >> Well, she can't stay. Yeah, she can't stay. She has some >> once we leave. >> Yeah. No, it's fine. >> Is there issues? We're trying to make it. Look, she's an attorney. I don't know what's going on in her personal life, but she's obviously not things aren't right. I privy to it. I don't want to help. >> Right. You guys all came out for the good. >> Yes, ma'am. No, no. You you guys are all everybody's intentions here in the right place. >> Sometimes someone just needs and you got the uniform, the vest. >> Give me one second. >> Yeah, absolutely. Give me one second. >> Good. How are you? >> My big beautiful. >> How you doing? >> How are you? >> Are you the Jennifer that I'm here to talk to? >> Oh my god. I'm very generous. >> Lee, nice to meet you. Pleased to meet you. We're here just talking. make sure you're okay. But two things have come to life. The business is closing and I just want to make sure that you're going to be okay getting and I want to make sure that also. >> We are that clear. >> I'm sorry, dear. >> We are okay. >> Yeah. Yeah. Yeah. You're doing okay right now, but the business is closing and the uh you know your co-workers and friends are concerned about how you're getting home and things like that. So, >> well, I can't concern myself with that except to say that our expectation is that we're going to be very well protected by the law. >> Well, yes, you can concern yourself with your own personal responsibility of leaving when the restaurant is closed. Yes, you can. So, we'll start with that. >> Are you, sir, planning on maybe >> Yeah, I'm ready to go. Are you ready to go? >> Yeah. Yeah. >> I'm going to call an Uber. Why don't you grab yourself? >> Are you you you're okay. >> Yeah, I'm getting we're both getting a separate. >> Fantastic. Thank you so much. Great. >> The initial contact was a consensual encounter, not a seizure, consistent with Florida versus Bostic 1,991. This is the whole uh Christmas party. She's had a little bit too much. >> She's getting a little stubborn, getting a little uh a little pushy. >> So, I just like this. We'll make sure they get into >> Well, he he's played that. He's not getting a little I like it. Very nice. Yeah. Yeah. [laughter] No, no, no. I get that. Yeah, I totally understand that. So, that's good that uh >> his wife would kill him. >> Oh, yeah. I didn't check that out. >> Well, we are, but this is uh what it is in a good way. >> Yeah. Yeah. Yeah. I've asked for his assistance and he's helping me. So, we'll put it that way. >> Well, yeah, of course. >> What are you guys doing here tonight? >> We are just making sure everybody gets home safely. Whoa, whoa. You okay, >> Jen? >> I think we need an ambulance. >> I think we'll get to her, though. I think our shoot >> Yeah, it is. It's very windy tonight. >> It's all right. You'll be all right. We're going to have a seat. All right, dear. Good. >> There you are. To your left. There you go. Right there. Okay. All right. >> I I've only ridden the Uber a few times. I knew you almost fell down. We had to catch you. >> It is like kind of like, >> "Hey, listen. Jennifer, this not been very nice to you. We're just trying to make sure you get home safely. We literally all three had to catch you so you didn't fall on the ground. That's why we have a chair. We're not We're not here against you. Just make sure you get home. All right. Would you do us all a favor and just have a seat? >> You're not in trouble. >> No. >> Prime example. >> I just go to the bathroom. >> No, you can go inside. Use the rest. One second. >> Take it off. There you go. That'll be perfect. You want to help? Right there. That door right there. Go ahead. Push. Let's go. >> Taking off shirt. >> No, not right now. >> I give a [ __ ] what you think. Jennifer, we need to go. >> Okay, fine. Jennifer, we need to go. one unit for >> one. >> Jennifer, come on. We need to go to the car. >> It's fine. I don't give a [ __ ] what you think. No, >> thank >> we can take it off in the car. Car's here. >> Oh my god. Oh my god. Are we like in coming in like the government or something? >> Guess what? Let's go. >> Right up here. Jennifer, your Uber's right here at the front door. Okay. As soon as I'm ready, >> oh you that what's really happening now? >> You're not giving me the opportunity like shoes. >> Oh, really? That was happening. >> I [clears throat] don't think that's just >> You want to go home? >> Yeah. >> Okay, let's go. Where? The car's here. Let's go. >> Jennifer, >> the car is outside. It's right here. You can take your shoes off in the car. Just wait. Walk to the front door. Okay. You don't want to go home. >> Let me know. Do you want to go home or not? If you don't want to go home, we can arrange other things, but trying to get you home. >> Really like you used to be home. >> Do you think you Oh, Lord. >> Okay. Okay. Jennifer, please just walk to the front. >> Excuse me, Annabelle. You like allowed this to happen. >> Ma'am, you're an adult. >> Let's go. >> My car is up. >> Yes. Let's go. >> Your car just taking you over. Come on. Come on. Come on. Come on. Come on. Come on, Jennifer. >> We're not waiting. This isn't a battle. We're not here to get you. >> Jennifer, let's go. >> I'll take him over here. >> He's going to leave in like 2 minutes. >> Your car is going to leave if you don't go. >> Not going. >> No. >> No. We're trying. >> Annabelle, do you want any Do you want Do you want to know what the Jennifer? >> Okay. I'm trying to close up. I got to get It's time to go. Please. I I got my >> Okay, here we go. Need fire rescue. >> Jennifer, get up. >> No. >> Alpha 101. >> I'm suing you, Annabelle. [clears throat] >> What's your >> extremely intoxicated? >> Yeah, I'm extremely intoxicated. >> Jennifer, you're about to go to jail. Okay, so you got two seconds in the Uber. >> You understand me? You're about to go to jail. Do you want to go to jail? >> Yes. No. >> I'll call my lawyer when I feel >> Jennifer. >> Jennifer. >> You realize this is all being recorded. >> Okay. Excuse me. >> Yes. Thank you. >> What's up, Jenn? >> Nothing like she's trying to I'm just trying to get through my work day. Like nothing happened. >> No, work day has been over for hours. You've been here drinking the whole other employees and they called us because they needed your assistance cuz you were so out of control. So here we are, man, trying to help you for the last 30 minutes. Doing everything we can, calling you Uber, standing you up, getting you chairs, taking you to the bathroom, and we had to actually stop you from going pee outside. >> We We want this to go a much different route, but since you fell on the ground, we want fire rescue to come check you out, make sure you're okay. If you want to go home, you got to get up now before he leaves. >> Okay, we're just about to leave. >> What's your plan for the evening, Jennifer? What's your plan? >> We're not We're not about to babysit. >> This is like my my entire life. This is like really [laughter] relax. Whoa. >> You want You want to do it? You want to do You want to get me in the brain? Okay, fine. That was a double stupid. >> When the subject verbally self-identified as extremely intoxicated and refused repeated lawful request to vacate, she crossed into criminal trespass territory. Under Florida statute section 810.09, remaining on a structure after the owner has issued a warning to leave constitutes criminal trespass, a first-degree misdemeanor. A prior physical push against a co-orker reported directly to officers established probable cause for simple battery under Florida statute section 784.03 independent of the trespass. When the subject made physical contact with the arresting officer, the charge escalated to a thirdderee felony under Florida statute section 784.07 battery on a law enforcement officer. That statute requires only intentional unconented touching. No injury to the officer is required. Maximum penalty 5 years imprisonment under Graham versus Connor 1,989. Force is evaluated by objective reasonleness from the officer's perspective. At the moment of the decision, not with hindsight. Officers applied soft to hard empty hand control only. No less lethal weapons deployed. Force was proportionate to active resistance fully within the Graham standard. The call for fire rescue after the subject fell reflects the 14th Amendment's due process obligation. Officers must provide reasonable medical care to persons in their custody. No Miranda adisement is audible in the transcript. Under Miranda versus Arizona, 1,966, any custodial statements made post arrest may be subject to suppression. Three independent probable cause bases existed at arrest. Trespass, battery on a civilian, and battery on an officer. The arrest itself is legally unassalable. >> Grab that. Thank you. Thank you. >> That doesn't work. 31 up the 8way. >> Is there is Amber working? >> Yeah. >> Stay face stay facing the caring stupid [ __ ] >> Have a seat. Sit your button down first and put it. There you go. >> She's crazy. Do not get out. Whoa, whoa, whoa, whoa, whoa, whoa, whoa, whoa, whoa, whoa. Stop it. >> Whoa, whoa, whoa. Stop it. >> Flip your >> Stop it. Stop it. >> Put your hand behind your back. >> I got this. >> Stop it. Stop it. Stop it. I don't have any arms. I'm not armed. Stop it. I'm not armed. Stop it. I'm not armed. I'm not armed. Stop it. >> With one handcuff arm, you aren't are armed. Okay. >> You are armed with one handcuff. Relax. >> Please let me go. Please. >> No. You had the option an hour ago. You assaulted an officer. You're going to jail. >> I'm not assaulted officer. >> I'm not asking. You were telling. >> Stop it. Stop it. Stop it. Stop. >> Let her go on the side. Yeah. >> Please. Thank you. >> God. Thank you, >> Jennifer. How much did you have to drink tonight? Do you remember? >> Not that much. >> We're sorry we had to talk to you about this this evening. We're grateful for your phone call. We wanted to let you know we have your daughter. She's not going to be coming home to your place tonight. She's going to the hospital first. She's in our custody and then going to the Brower County Jail. So, um, at that right now, I have to help my partner out with some paperwork. So, I just want to let you know what was going on. Okay, dear. No. No. She's a grown adult. She's gonna handle her business when she soers up. >> All righty. I'm sorry, ma'am. I'm sorry. You're okay. She's okay, though. You know, it's just bad decisions. Yes, ma'am. Goodbye. >> Poor lady. She's 86 years old. She doesn't [ __ ] Unbelievable. >> The responding officer receives a B+. 30 minutes of documented deescalation. Proportionate force and immediate medical response reflect professional competence. The unconfirmed Miranda advisement is the sole procedural gap. It does not invalidate the arrest, but it creates a suppression risk for post arrest statements. The subject receives a D. She committed battery on a civilian, refused lawful orders establishing trespass, and committed a thirdderee felony by making contact with an officer. The subject's self-identification as an attorney is legally significant. Courts hold attorneys to heightened awareness of their rights and the consequences of their conduct. restaurant staff receives an A minus. They reported accurately, cooperated fully, and called law enforcement appropriately, though the delay until after battery had occurred is noted. Key lessons. First, intoxication does not suspend criminal liability. Disorderly conduct under Florida statute section 877.03 requires an overt act here. Multiple acts were present. Second, voluntary departure is always the better outcome. Once the subject refused transport, trespass became the controlling charge made worse by every subsequent refusal. Third, physical contact with an officer during arrest, regardless of intent, constitutes a separate felony under Florida law. Resistance never improves a legal position. It compounds it. Fourth, Miranda must be administered at the point of custodial arrest. Not after processing, not when convenient. Procedural gaps create appellet vulnerabilities. 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