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Did you try to steal a jet ski? >> No. No, I definitely did not. No. >> All right. What's going on? >> Okay. Well, it was my friends the people I'm trying to call right now, it's their they were like, "Oh, well, go right here." So, I wasn't trying to steal a jet ski. They were like, "Oh, like, go right here." So, I wasn't trying to steal a jet ski at all. >> Okay. Where do you live at? >> Uh 6 >> Okay. Do you have somebody that you can call to come get you? >> Yes. >> Okay. Well, work on your phone or >> I'll call my dad right now to come get me if I can actually get somebody to pick me up. >> What did you say your birthday was again? I forgot right now. >> A woman at a Florida boardwalk, broad daylight, witnesses everywhere, climbs onto a stranger's jet ski, and tries to drive away. What she does next will cost her a felony charge. Here's the legal breakdown. >> I was up at the upper deck at the Conch House looking out at the docks. We had parked our jet ski there. We had met friends. We were up there for maybe 30 minutes. I see this woman jump on my ski, throw on my vest, and try to aggressively leave the dock. Thank goodness, she forgot to untie the back line and couldn't leave. But, she was aggressively gunning my ski. My husband went >> So, uh I apologize. I'm not familiar with jet skis. Was the key on it so she was able to start it? >> Um yes. >> Okay. >> She jumped on my ski, aggressively was gunning it, trying to leave the dock. >> Mhm. >> My husband and his friend ran down ahead of me. >> Mhm. >> Um and they were just like, "Get off the ski. Get off the ski." She's like, "This is my friend's ski." I'm like, "No." And I get down, I'm like, "This is my ski. >> Mhm. >> It's registered in my name." Like, And she would again and again she would she's she's intoxicated. >> Okay. >> She's saying the same thing over and over again that she thought it was her friend's ski and that she was just going to take it. >> So she just started revving it and was she able to like actually like get it >> She couldn't get it off. She forgot to cuz she's intoxicated she forgot to tie untie the back line. >> So was she like pulling on the rope like >> Oh yeah, she was tugging it. So I don't even know what damage I have right now. >> Hey. >> Ma'am. >> Hey. >> I'm trying to go home with my friend. >> Okay, do you want to talk to me? >> Look here. How you doing? >> Hi, I just want to go home with my friend. >> Okay, calm down. All right. You got your ID on you? >> No, I just want to go home with my friend. That's it. My friend drove me home. >> Okay, listen. >> I just want to go home. >> You're going to have to talk to me for a second, all right? >> want to go home. >> Okay, I don't care what you want at this point. The police are now involved so you're going to have to calm down, answer my questions, all right? All right. Give me your ID. >> [music] >> I don't have it on me. >> You don't have anything in that purse that says who you are. >> I don't think so. >> Is that her friend? >> That's my friend but she's okay. >> She knows her? >> No, she's going home. She's tired. She's going home. I don't think I have anything on me. I don't think I have it on me. >> What's this? Your high school diploma? That says your name, right? >> No, it says a lot of other stuff. Sorry, I don't >> What's your name? >> something I would give to you. >> It's a high school diploma. It has your name on it. It says nothing else. >> Okay, I get that but I have a lot of other stuff. I'm not giving you that. >> You got a credit card with your name on it? >> Okay, yeah. If that's what you want >> If you don't have an ID >> Okay, well I probably do but if you can give me a second I >> Well, keep looking. >> Okay, so I can keep looking? >> Yeah. >> Okay, well I didn't know cuz you >> Well, don't put your purse on it. Is that your car? Don't put your purse on somebody else's stuff. >> Put it somewhere in there. >> Huh? >> Can I look? >> Yes. >> Okay. Well, I didn't know. >> [snorts] >> What's your birthday? >> Oh, 4/3/98. Yeah, 3/8/98. >> Did you try to steal a jet ski? >> No. No, I definitely did not No. >> What? What's going on? >> Okay. Well, it was my friends the people who are trying to call right now. It's their They were like, "Oh, well, go right here." So, if we're trying to steal a jet ski, they were like, "Oh, like, go right here." So, I wasn't trying to steal a jet ski at all. >> Okay. Where do you live at? >> Uh 6 >> Okay. Do you have somebody that you can call to come get you? >> Yes. >> Okay. What What about your phone or >> I'll call my dad right now to come get me if I can actually get some service. >> What did you say your birthday was again? I forgot to write it down. >> Can I put Okay. >> No, don't put your stuff on somebody else's car. >> Hi. Can you hear me? My phone died, so I can't I can't. My phone died. >> You want me to charge it for you? >> You can. >> All right, just stay right here, okay? >> Okay, I'll be right >> Actually, come stand right here. >> I won't move. >> Just come right here. It's shadier over here anyway. I'm just going to pull in the parking spot. Don't move. You want to try to get out? >> Yeah. >> You just go that way. You can circle around. Yeah. The owner of the jet ski? What did she do? >> She apparently got on. Uh they're they're watching her get onto the jet ski as the has his vest on and she's revving it like to take off, but it's still tied, so it didn't take off. So. >> She got a long history. >> Yeah. >> A lot of contacts with us. A lot involving uh mostly alcohol and DUI and but there's a whole I didn't read through everything. They She got She She got a long >> Huh? >> She don't have an ID, but I ran her. She had her She has her credit card and her copy of her diploma. >> It was I I work at Tire, so >> All right. Well, I'm going to put put your purse there for me. >> Officers detained the suspect under Terry versus Ohio. Reasonable articulable suspicion based on the victim's first-hand account and the suspect's attempt to leave the scene. Florida [clears throat] statute section 812.014 Grand theft requires knowingly taking another's property with intent to deprive the owner of it. At a valuation of $15,000, this is a third-degree felony up to 5 years. The suspect claims she believed the ski belonged to her friend. Mistake of ownership can negate criminal intent, but only if the belief is reasonable. Intoxication cannot supply that reasonableness. The defense fails on the facts. Florida does not impose a blanket stop and identify obligation on pedestrians. The suspect could not be arrested solely for lacking ID. Officers lawfully identified her through a credit card, a diploma, and a database query. With corroborating statements from the owner and the boardwalk manager, the probable cause was fully established. The arrest was constitutionally sound under the Fourth Amendment. >> I think you already tried. >> No, I I did not >> Turn around for me. >> No, can I talk to >> I know, but turn around first. >> No, can I talk to >> Do what you're told. >> No, can I talk >> Put your arms behind you. >> Turn around. >> Come on, stop. Stop. Do you hear me? Stop. >> I hear you. Can I please talk to first? Can I please talk to first? >> No. Stop. >> Can I please talk to >> Stop resisting. >> Can I please talk to first? >> You stop. >> Resisting. You're making it worse by resisting. >> Can I please talk to first? Can I please talk to first? >> You stop resisting. You stop resisting cuz you're making it worse. >> Can I please talk to first? CAN I PLEASE STOP? >> STOP. >> CAN I PLEASE TALK TO FIRST? >> STOP. >> Can I please talk to first? I don't care. >> Let go of the bag. >> No, no. [ __ ] you for what? I didn't do this for what? >> Let go of the bag. Let go of the [ __ ] bag. [ __ ] you. >> Let go of it. >> STOP RESISTING. STOP RESISTING. >> I GOT IT. I GOT IT. I GOT it right here. >> [ __ ] [ __ ] >> You're an [ __ ] >> [ __ ] you. Did you just spit? >> Yes. >> Did you just spit at him? >> She just spit on him. She tried to. >> She tried? All right, THAT'S ANOTHER CHARGE. OH, STOP. I DIDN'T EVEN SPIT ON HIM. SO I >> SHE TRIED. ATTEMPTED. >> But you didn't Let me speak. >> You can't speak. You're too drunk. The form diminishes. >> I'm not drunk. I'm not hurt. >> All right. >> Ow. OW. LET ME SPEAK. OW. OW. OW. OW. >> [screaming] >> GET UP. STEP UP. >> I CAN'T. >> STEP UP. WALK. >> GET UP. >> INTO THE CAR. INTO the car. I'm pulling her. >> OW. OW. I'LL GET IT. I'LL GET IT. I'LL GET IT. I'LL GET IT. >> GET IN. >> LET ME STOP HIM. >> GET IN. GET IN. >> I WON'T. PLEASE TELL HIM. >> Pull her in. >> I won't. NO. I'LL I'LL GET IT. OW. OW. I'LL GET IT. I'LL GET IT. I'LL GET IT. PLEASE LET ME GET IN. >> GET IN THEN. Step up. >> I can't. >> Step up. >> I'll try. >> Now. >> I can't with my leg. I'll try. I promise. I promise. I promise. I promise. I'll do it. I promise. I promise. I promise I'll do it. >> Step up. >> Step up. I promise. >> Step up. >> Let me do it. >> Now. >> I'm trying promise. >> There's a step right behind your right foot. Step onto that. Push up. >> up. >> Turn. Give me the seat belt. >> I didn't do anything. >> Yeah, you're innocent. >> [ __ ] you. You're an [ __ ] [ __ ] >> Move your foot, Erica. >> You're really [ __ ] >> I'm going to finish my statement over here. Thank you. What is this? >> Subway chips. >> Why can't she be skinny? She got She was looking for it. She could find it. Yeah, she She was looking in a different wallet there. She didn't What was in the wallet? >> Good girl. >> Lies. Which one's yours? >> That. >> I get out of the way. Do your thing. >> I'm sorry. >> Yeah, just people can't control their alcohol. >> Okay. >> Try to steal a jet ski. Cut you an offense. >> I don't know. And I'm And I'm politely telling you no. I've been called worse. >> The jet skis have tags? >> Yeah, I'm I'm trying to run it now. >> Oh, good. >> She's got one register too. I'm just going to make sure it's the same the right one. >> Okay. >> But I'll put it I'll put it in the call. What's the lady that owns the jet ski? >> Uh they just walked I think back down there. They're not leaving yet cuz I think he told the other officer told them to you guys want to check out the jet ski or something like that. >> Just going to make sure I get the right information off of it. >> to walk with you. >> I'm just going to go verify I got the right jet ski. Be right back. Do you have a You got the victim's information? She's got a blue cord. >> I'm going to call on nobody. >> Why? I'm calling >> Cuz I need an attorney. I want an attorney. >> Okay, you can get one when you when you get to the jail. >> The suspect physically resisted handcuffing. Under Graham versus Connor, force must be objectively reasonable given the circumstances at the moment. Officers used soft empty hand control only proportionate and lawful. Critical point. The suspect attempted to spit on an officer. Under Florida statute section 784.07, that is battery on a law enforcement officer, a third-degree felony. This charge was not filed. Officers deferred to the victim's preference. That reasoning is legally flawed. Battery on a law enforcement officer protects the officer. The state is the complaining party, not the jet ski owner. Victim preferences do not govern this charging decision. In the patrol vehicle, the suspect invoked her right to counsel. Under Miranda versus Arizona, custodial interrogation must cease immediately. The officer correctly noted she could obtain counsel at the jail booking continues. Questioning stops. >> How many times have you been arrested? Do you know how this goes? >> I'm the I'm the manager. Derek's the one that called, but I was the one following her because she was getting She was starting to push on Derek and as a man I didn't want him to be in that position. That's the collar. But again I took over after she started like trying to get pushy with him because I didn't want a female male situation so >> So did she ever put her hands on you? She just >> She was starting to do this so that's why >> I was trying to block her. She was just trying to get around me so she was trying to walk through me. I mean she didn't like physically push me. She didn't >> Very aggressive. >> I don't even know what this whole Jessica looks like so if you see her >> take No, let's go. We'll go I'm going down with you to check on my crew while he's talking to them. I'm just sure it's so cuz I just got back from Vegas and did nothing so But it's not exciting. I dropped a book on it. >> So to say what happened in Vegas didn't stay in Vegas huh? >> I wish I wish I had more of an exciting story to go with it but it but it is not. I literally dropped a book like on the second toe right on top and you never felt such pain in your life and the corner of a pinky toe dropped. So Dougie Doug what's up? How's your mom doing? >> Pretty good. >> All right tell her I said hi. Always fun hearing >> more fun hearing >> Yeah, she was extremely inebriated and I was trying to tell her I'm just honey >> She's got a history in our record in our system that's long problems with alcohol. It's always alcohol. >> Isn't it always it Isn't it always? And I was like I have a daughter that's 28. I was like honey you are making this worse on yourself. I was like you need to stop. I was like if you haven't done anything wrong and you explain yourself then everything is okay. You know what I mean but she was not. She was not having that. And I like I said I didn't want her to to be in that position of a man woman you know I feel it's different when it's woman woman kind of you know. Even if she were to swing on me and I hit her back you know it's >> That's >> Mhm? >> That's a nice pair of boots. >> Well she could have really hurt herself too you know what I mean or somebody else you know what I mean. >> She got away with that jet ski. For one she would have went out there and fell off of it wouldn't have been able to get back on it. >> Oh no no way. She's really drunk she's I'm not drunk >> She ran off on that sucker, I tell you. >> Yeah, we give it a ride. >> We give it a ride. >> Exactly. >> Yeah. Are there cameras that look out here? >> Yeah, we'll be able to get you video footage. Jared will be able to pull that up in here. Everybody's always on camera now. >> Hey, how are you doing? >> How are you? >> Good. Good to >> Are you busy? I'm sorry. >> Yeah, it's just trying to steal jet skis, drug vehicle. >> If it goes I think down to the jet ski, right? >> I found one that was registered to you. I just want You don't have any other ones or anything, right? Is this the only one you have? >> I have. >> Just want to verify verify it's a >> I mean, when I was coming running down, I was going to tackle the person off of the wave runner. It would have been both of us in the salt water. >> All right, Alicia is considering pressing >> turned She had turned it this way when she tried to gun it. And >> But I want to What's the back look like? >> the front line was still tied down, too. Cuz I don't Or did I re-tie it? I don't I Put the The back one was tied? Is that >> back one was what jerked her back twice. She gunned it twice and got jerked back. And I made it down here after the second time. >> All right. >> I'm sorry. >> I appreciate that. >> No, I think it's okay, probably. >> I hope so. >> We won't know until we take it out of the water, the damage that was done. >> Um >> Cuz drinking and driving. All right, I'm going to let you folks deal with it with this gentleman. You got everything you need? >> Yes, ma'am. >> Thank you so much for your help. >> Absolutely. >> Absolutely. >> Jared will be back down and he'll be able to get video footage for you all as well. >> All right, okay. >> No, as long as you don't want to pursue charges, it's all good, yeah. He doesn't want to pursue charges, but I'm curious, since he technically was trying to prevent her from leaving, even though she hit him, we still file charges on her for battery? >> I mean, she like went in his crank. >> Yeah. >> Yeah. >> I I already talked to him. He does not want to pursue charges, so >> I mean, she She >> I'm just new to the road, so I'm always asking questions. >> No, yeah, no. I appreciate Listen, I appreciate everything you guys do. I I you know >> Is there any visible damage or anything they can see here with all the water? >> We don't know for sure, you know, cuz when she gunned it it it you know >> It took the out >> Is it that black one right there? >> Yeah. >> Yeah, that's the black one. The yellow line >> Was there any damage to the actual dock itself from when she yanked on it? >> No, I don't think so. I don't actually don't think there's damage to anything. >> I hope not. >> You know, it's hard to tell. We actually would not have even decided to press charges but for the fact she decided to become aggressive. >> Okay. >> She She's got a history in our system. >> Okay. >> Like she's it's mostly alcohol-related stuff that she's got She's definitely got some alcohol issues and she's got a long history of stuff in our system, so she Yeah. >> So I mean like I said, I was literally going I thought it was a man. I was going to tackle them off the wave runner. It would have been me It would have been a It would have been a nice fall. >> it was a dude, too. I was like >> She would have gotten away. She would have hurt herself or somebody else. >> She could have killed herself. She fell off that thing and drowned. >> All right, guys. Y'all enjoy the rest of your Sunday. >> No contest plea on both counts. The court withheld adjudication. No formal felony conviction on record contingent on 36 months probation and $418 in fines. Early termination was subsequently granted. Primary officer, B+. Probable cause properly developed. De-escalation effective. Force proportionate. Deducted for the remark, "Why can't you be skinny, unprofessional, and documented?" And for failing to independently evaluate the battery charge on its legal merits. Female supervising officer, A-. Assuming primary physical contact with the female suspect was tactically sound, limiting liability and escalation risk. Scene management was thorough and efficient. Shared accountability for the unprofessional remark prevents a full A, subject D boarding a registered watercraft while intoxicated donning the owner's gear and resisting arrest at every stage constitutes the actus reus of grand theft compounded by resisting without violence. Credit for invoking counsel and completing probation early. The conduct record stands. Jet Ski owner A, clear account full cooperation no physical escalation at the dock textbook victim conduct. Three takeaways. One intoxication is not a defense to specific intent theft unless it fully negates mental state the threshold is extremely high. Two, once arrested invoke counsel immediately and stop talking. Every explanation made after probable cause exists becomes part of the state's case. Three battery on a law enforcement officer is a state interest not a private one. Officers must evaluated independently of victim preferences. That distinction matters for officer safety and accountability alike. Let us know if there is an interaction or legal topic you would like us to cover in the comments below. Thank you for watching and don't forget to check out our second channel Street Body Cam for more police interaction and courtroom content.
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