Listen ma'am, we going to have to leave. So Clifford No, she won't never No, I mean we both would have been going. >> On July 11th, 20125, police responded to a boutique dispute that produced three chargeable offenses. One felony threshold and a Miranda invocation that ended an interrogation with a single woman. >> Come here, give my MAMA LIKE SHE DON'T GOT KIDS. >> HEY, come talk to the owners, man. For real. Why you ain't going crazy enough? Cuz you got money. You ain't crazy. Bro, >> I bet you won't see nobody's face again. >> [ __ ] you. >> I don't give a [ __ ] I ain't scared of nobody. The [ __ ] >> I don't give a [ __ ] ABOUT GOING TO JAIL AND been every mental hospital. I don't give a Don't spit in my face. >> You don't know me. None of y'all know ME FROM THE CAN OF PAINT. Can you stand stay by it with her? Uh, I got to take some statements. I She was physically punching a dude in the face trying to calm him down and she's backing up into me, pressing up against me and whales on a dude. >> Yeah. So, I'm going to go get his statement. See if he wants to press charges or not. >> She Are they together? >> Huh? >> Are they together? >> I have no idea. >> Are you okay, sir? Do you need fire department? >> No. No. >> She will do pretty good, >> huh? >> She will do pretty good. >> No, she ain't with me. I would have beat her mother ass. I would have went to jail, too. [ __ ] would hit me, [ __ ] I would have had me in hand. >> That's a good attitude. >> Way too hot to deal with it. Um, >> do you have your your ID on you? >> What I do for I just own a property. I ain't >> I got But you want her trespass, right? >> They're handling that. Whenever the landlord, my tenant get him pending. She'll be independent. Let her handle that. >> She's coming. I just >> But I just didn't want to tell the girl sto. >> All right. So, do you want to press charges on her for hitting you in the face? >> No. I'm going to let Penny handle whatever she want to do. >> Well, that involves you. She can't make the decision. >> I'm good. She good. >> I just didn't want the [ __ ] up going on up and that's all. >> So inside is damage. >> Yeah. The first issue, criminal mischief and the felony threshold in Florida. Florida statute section 806.13 draws a hard line at $1,000 in property damage. Below that line, a misdemeanor, maximum one year in county jail. above it, a thirdderee felony, maximum five years in state prison. The officer confirmed the damage was just over $1,000. That confirmation, not the conduct, not the confrontation, determined whether the subject would carry a misdemeanor or a felony record for the rest of her life. The felony charge rests on a damage assessment that was informal. A staff witness estimated over 2,000. It might be more. For a charge where the statutory threshold is the dispositive issue, a prosecution built on an unverified estimate is more vulnerable than one supported by documented itemized inventory with confirmed retail values. This is the weakest point in the charging decision and the most likely point of attack in any defense motion. The second issue, battery and the victim's election. The subject was witnessed punching a male in the face, satisfying every element of battery under Florida statute section 784.03. The officer correctly identified the decision to press charges as belonging exclusively to the victim. The victim declined. His decision eliminates his cooperation as evidence, but it does not eliminate the officer's witness account or the partner officer's direct observation. Battery in Florida does not require victim cooperation to charge. It requires an officer willing to proceed independently. Here, that decision was not made. >> The owner needs a case. >> Okay. The owner needs >> Hey How you guys doing? >> So when she come >> So who's the who's the owner of this business? >> Her name is Penny. Is >> there any female business here? Oh my god. >> Residential 900. >> Wait, what do you need? >> Um I need a refusal for him. >> Um He needs all three forms. Um, and then Marcy's Marcy's in the confidentiality form. >> Um, you got that in case I need it. >> Are you? No, the owner's on the phone. >> Yeah, she needs it cuz she wants to get it. >> Okay, sweet. >> So, the owner's coming. >> What's that? >> The owner's coming right now. So, we're going to find out. >> What does she do? She looks like a huge message. >> But I knew something wasn't right. >> It goes all the way down. >> She was coming to me and [ __ ] They can tell you. I didn't say nothing to her. >> Disadvantage. She left. >> She left, but then she ended up coming back. Oh, you get your [ __ ] Listen, ma'am. We going to have to leave. So, Clifford. No, she won't. Never. No. me, we both would have been going to jail. But I was still trying to stay out of her way because at the end of the day, at the end of the day, >> it was not working. It really wasn't. >> It wasn't working. >> The way she was at just came here cuz I'm ready to go. She just came and started. We got more people coming. >> We all just get along. >> No, I don't hear anything. I mean, we have witnesses payments and we have I saw it with my hive. So, we do this. >> No, it's it's causing a public disturbance. Criminal battery, but so far no charges. >> What was criminal mission fault? inside of the store is trash. >> Was it her video? Well, the witness video >> this. Huh? >> Clifford. The guy. >> Yeah. Yeah. He's the one who got punched in the face. >> Cliff got >> Yeah. I was I was this close. She was backing up into me and then she swung me. >> Is that over? I can see that. Wow. >> So, you're just waiting on the store owner. Just wait on her. See if you can get some cliff ain't so good. >> He ain't doing nothing. >> She's the only one I could 100% take her to jail for right now. And he's >> How you doing? >> Okay. Hello. How are you? >> I'm doing well. I'm the one taking the report of the owner. >> Have you seen everything? >> No, I haven't. The trespass notice issued on behalf of the property owner satisfies Florida statute section 810.08. Verbal notice by a law enforcement officer delivered on behalf of the property owner and documented on body cam creates a legally enforcable bar to re-entry. Any return to the boutique constitutes a separate criminal offense independent of the criminal mischief and battery chargeable on its own elements. Oh, they clean up a little bit. >> I told him like over 2,000 Miss Pennies. She was like, "Why would she What? What is her problem? Why would she do this?" >> Miss Penny, when she came, she was trying to purchase. >> Did she come back behind? >> No, she she understood right here. >> Gota. Yeah, she was when she first came, but I didn't know why she came back the second time cuz they could tell Miss Penny she was being belligerent. Let her go. I like let her just go cuz one thing I was going to call you later and tell you Miss don't let her come back up here no more. >> But she miss she never she never she never come in here like that. >> She never come in here like that. I'm telling you. >> She never she never come in here like that. So, >> I heard she damaged wigs as well. >> Yes, all these brand new wigs. >> All of these are damaged. >> Yes, all these wigs. >> Can you show me which part of them is damaged? >> No, the she just knocked the merchandise knocked the merchandise over. >> Yeah. >> But this one, this whole thing she snatched. Look. Oh, that's messed up. >> Yeah. >> And that can be fixed. >> It can be fixed. >> No, not really. It depends if you want you wear wig. So [laughter] >> I'm just going based off of what you guys are are saying. >> She just she just be glad she was more than do you want to press? >> Absolutely. Yes, I do. Absolutely. Yes, I do. >> Yes, I sure do. >> Do you have your ID on you? >> Let me get out of my car. ass. >> Yes. >> Write me a check. So, you might as well put $2,000 worth knock off. >> I tell her she came in knocking everything. She came in. >> Hey, she on medication. I need to get her on medication. >> You want to tell her she's not allowed back? >> Yeah. Yeah. Definitely. >> I just need her to do it. >> Oh, you want to? Yeah. Oh, here I'm trying to stop. >> Yeah, I'm here. I'm trying. But I made a mistake. Girl, that's like All right. So, she's just here to tell you something real quick. >> You can't come back into the store. >> All right. Do you understand that? Do you know what that means? >> Yeah. >> If you come back here, you'll be subject to arrest again. All right. Ever. Like, you can't ever come back. >> All right. All right. >> Yes, I have it right here. Yeah. Yeah. I'll hand back. >> Thank you. >> Unfortunately, it was uh just over that limit. So, >> it was over $1,000. >> Yep. But you learn it's it's very easy to get a felony out here. Just >> keep a level head. That doesn't that doesn't mean you're convicted. That just means you're being charged with it. So >> yeah, I will. >> All right. Real quick. Um I didn't read you your rights yet. I didn't have to cuz I wasn't questioning it. All right. Do you know what your rights are? Your grand rights? >> Yeah. >> All right. So Miranda rightites are are told to you when you're being questioned for a crime. All right. So I'm required to warn you before you make any statement that you have the following constitutional rights. All right. You have the right to remain silent and not answer any questions. Do you understand? >> Yes or no? >> Yes. >> Yes. Any statement that you make must be freely and voluntarily given. Do you understand? >> Yes. You have the right to the presence and representation of a lawyer of your choice before you make any statement and during any questioning. Do you understand? >> If you cannot afford if you cannot afford a lawyer, you are entitled to the presence and representation of a courtappointed lawyer before you make any statement before any questioning. >> Yes. >> Do you understand? Perfect. If at any time during the interview you do not wish to answer any questions, you are privileged to remain silent. Do you understand? >> Yes. I can make no threats or promises to induce you to make the statement. Do you understand that this must be of your own free will? Understand? All right. Any statement can and will be used against you in the court of law. Do you understand? >> Knowing your rights as I read them to you, are you willing to talk to me now without I just spoke to your parents. They came uh to the station real quick. Are you feeling okay right now? >> You said you're off your medication. >> Yeah, I'm fine. I just want um to get this over with. >> I got you. So, um is any of the medication life-threatening? Like, are you not taking it? All right. Are you feeling like you're going to hurt yourself at all? No. All right. I told them that there's a couple things I didn't charge you with. All right. >> That's the only thing you're going to get charged with. All right. That's it. >> So, um, do I get to go down to to the county? >> Yeah. As soon as I finish the paperwork, my sergeant has a sign off on it. And then we're out of here. All right. >> The third and most legally instructive issue. Miranda. The officer's pre-advisement disclosure is textbook. I didn't read you your rights yet. I didn't have to because I wasn't questioning you. This is a precise articulation of the Miranda trigger established in Miranda versus Arizona in 1966. The right to advisement attaches to custodial interrogation, not to custody alone. Scene-based conversations with witnesses, damage assessment, and charging discussions do not constitute interrogation of the subject. Miranda was not yet required, and the officer knew it. The advisement at the station was complete and verbatim. The final question, are you going to talk to me now without an attorney? Received a direct answer. No. Under Burgess versus Tommpkins decided by the Supreme Court in 2010, an invocation of the right to counsel must be clear and unequivocal. A direct no in response to a direct question about speaking without an attorney is the clearest possible invocation under that standard. All questioning must cease. It did. The welfare inquiry that followed medication status, life-threatening risk, self harm assessment does not constitute interrogation under Rhode Island versus Inis. Interrogation under inis means questioning the officer knows or should know is reasonably likely to elicit an incriminating response. A welfare check designed to assess medical need and safety risk does not meet this standard. It is constitutionally permissible post invocation. The officer conducted it correctly. The officer's disclosure that there were a couple things. Um, I didn't charge you with references to documented but uncharged offenses. The battery, the victim declined, and the public disturbance. These uncharged offenses carry strategic implications. In any section 1983 civil claim, the existence of probable cause for uncharged offenses can complicate the subject's damages theory. The documentation of conduct, even without formal charges, remains part of the evidentiary record. The officer receives an A minus. The Miranda handling was legally precise and procedurally exemplary. The invocation was recognized and honored immediately. Scene management, victim inquiry, trespass notice, and welfare check were all conducted correctly. The deduction reflects the informal damage assessment underpinning a felony charge and a slight minimization of the gravity of a permanent felony record. The subject receives a C. Her conduct created every chargeable offense. Her mental health context is a genuine mitigating fact that will be relevant to plea and sentencing. The single legally sound decision she made in this encounter was also the last one, invoking counsel with one word. The property owner and staff receive a B+. Prompt response, immediate charge authorization, and full officer cooperation are credited. The informal damage assessment, it might be more, is the deduction. A felony threshold requires documented proof, not a best estimate. The male victim receives a B. Restrained response to a direct physical assault. His decision not to press charges is legally his right, but it removed the most clearly provable charge from the officer's charging options. Key lesson. Two numbers and two words carried more legal weight in this footage than everything else combined. $1,000 separated a misdemeanor from a felony. one word, no separated a continued interrogation from a constitutionally protected silence. Neither outcome was determined by the intensity of the confrontation. Both were determined by the precise application of statutory thresholds and constitutional doctrine to the specific facts on the ground. The officer understood both. The subject learned both. One consequence too late, one protection just in time. Let us know if there's an interaction or legal topic you would like us to discuss in the comments below.