You have a serious a long history of >> Excuse me. You want You want to do that? Let's go check out. Check it out. Come on. You want No, seriously. I will grab Don't grab >> No, I want grab my purse. >> You can take the purse. Go ahead. You got this. >> I want you to take my fingerprint. Thank you. >> So, just I want to be clear. It's the two down there at the end with the cart and the kind of red hair and that guy. >> Mhm. Yep. >> And they previously shoplifted before. >> Yeah. They've come in here. I've seen them here a few a couple times. >> I'm going to give them the uh you don't want their business speech. >> Thank you. >> Hi guys. How we doing? Hey, need you guys to leave the store without taking anything. >> Okay, >> you guys are identified as previous shoplifterss. Yeah, store security said they called us here. They said you walked in with another guy just now and they literally pointed you out. Both of you? >> I didn't mean >> Yeah, both of you. You guys are trespassing the store for life and you you need to leave. >> You know what gives it away, bro? >> What? >> Those stolen jeans. >> The jeans with the stolen tags on them. And then So, you guys need to leave the store. Okay. If you don't leave now, you're going to get arrested for trespass. You guys understand you can't come back? buying money. I just >> Cool. They don't want your business. They don't want your money. >> The the store security >> security. >> It's really simple. >> Are you serious? >> Absolutely. They don't want your business. You got to take those gloves off. You got to leave. >> I'm not a weirdo. I'm just doing my job. You got to leave. >> You are a weirdo. >> Okay. Well, I'm sure if I took your dirty fingerprints outside and got your fingerprints, you'd have a serious a long history >> Excuse me. You want You want to do that? Let's go check it out. Check it out. Come on. You want No, seriously. I will grab >> Don't grab I will grab my purse. >> You can take the purse. Go ahead. You got to leave this. >> I want you to take my fingerprint. Thank you. Take my finger. Seriously, I prove you wrong. Okay. Thanks. >> We have to go all the way out to my car out front with my fingerprint. >> Cool. >> Yeah, >> that's really really rude. >> I don't care. You're really really rude. Tell me I have a longer. >> Go ahead. It would be a really fun end to my day. >> I just don't think you should be slinging around terms like that cuz it's rude. >> Why would you? >> You got to leave the store. I'm going to arrest you for trespassing. >> Keep going. Keep going. You got to clear the store and clear the entire parking lot. Oh boy. That's actually called disorderly conduct. Stop where you are. You're under arrest. Stop. If you start to run, I've already told you you're under arrest. If you start to run, I'm going to chase you. >> On the 6th of May, 2023, Kent, Washington officers executed a civil trespass call at a retail location. Three legal issues define this encounter. The disorderly conduct charge, proportionality of force, and evidence handling post arrest. Washington Revised Code section 9A.84.030 requires an overt act or direct threat of harm to sustain a disorderly conduct charge. Knocking over retail merchandise while exiting under a trespass order is property displacement not a breach of the peace. Command recognized this. Post booking the charge was revised from disorderly conduct to tampering with property. That modification is a supervisory concession that the original classification lacked sufficient statutory footing. >> I didn't [ __ ] do anything wrong. Are you >> If you swing, >> y'all. I didn't do nothing wrong. I swear to God, you guys are I'm not under arrest. >> You're under arrest. >> For what? For what? >> Relax. Go with me. >> Hey. Hey. No. >> Hey. Listen. Listen. >> You plenty of opportunities. You guys are out of pocket right now. I swear to God. For what? I didn't [ __ ] do anything wrong. >> Let go. You're going to get >> Are you serious? For what? What did I do? Tell me what the [ __ ] I did. >> Tell me what the I did. >> It's called conduct. >> For what? >> For throwing their property on the ground. >> Are you [ __ ] serious? Absolutely. You guys are so out of pocket. I said you're trying to pay me my money. I have money. Cash money. Okay. >> Okay. You were told to leave the store. >> And I did. >> Seven, eight times. >> No, but I feel literally talking about me. >> Let go. Let go of the purse. It's okay. >> You're not arresting me. Yes, we are. >> No, you're not. Okay. Go ahead. Stop. >> Stop. You guys are >> Hey. Hey. >> You guys are so out of cover. >> I GOT MINE. >> WHY? >> ALEX, >> CAN you keep an eye out for any other guys approaching us? She went in the store with TWO GUYS. >> ALEX, GET A CAMERA. CAN SOMEONE VIDEOTAPE this [ __ ] >> We are videotaping. [clears throat] >> Good. No, you're [ __ ] up. >> What's up? >> I'm Can you stop? >> Hey, your arm can get broken. >> I don't want to break your arm. >> No, clearly you do. >> You're resisting. >> Stop. >> Roll over on your stomach. >> For what? >> Did you say Yeah. You know? Okay. Now you're under arrest for another charge for resisting arrest. >> Why are you guys doing this? I didn't do anything wrong. >> Do you want to get tased? That's the next step. >> I didn't do anything. >> That's the next step. >> I swear to God, you guys. [screaming] >> You have issues. Look, YOU'RE SUCH A [laughter] FREAKING >> HEY, let go of my hand. Your >> You did. You just squeezed my hand again. >> NO, I DIDN'T. WHY AM I >> HEY, STOP. You guys are so I DON'T UNDERSTAND WHAT THE [ __ ] IS WRONG WITH YOU GUYS. The time we stand up and then down to stand up. Stop you. >> Why are you freaking out? >> Because I've been arrested for once. >> We told you like 30 times. >> I DIDN'T DO ANYTHING. [ __ ] STOP. GET THE OFF OF ME THRASHING. >> Get the off my leg. You [ __ ] piece of [ __ ] What the [ __ ] is wrong with you? [laughter] I [ __ ] hate you. >> Not the first, not the last. >> You guys. >> Okay, so you're under arrest. >> FOR WHAT? I DIDN'T do anything wrong. Can you get down to get the [ __ ] off me? Seriously hurting my [ __ ] leg. >> You just started kicking at my ass. >> I DID NOT TRY AND kick him. >> I saw [laughter] you. >> Do not stand. Do not stand up. >> You kick at us. >> I never will kick you. I literally have cash money. I was buying some [ __ ] audio video recording. >> Good. Good for you. >> Just letting you know. >> You want to see what money it was for? >> Well, it's not about money if you walked out without paying for stuff. >> I didn't walk out without paying for stuff. They told me to get this door. >> That's what they told us. No. What? >> No, that's a different This is a different thing. >> Yeah. They identified them as previous shoplifters. We went and trespassed her. Not me. I'm not >> told her to leave a bunch of times. >> Been to the store with him. >> She finally laughed. As she left, she grabbed a stack of buckets and tossed them backwards at me. >> I swear to God, I didn't think he was talking to me. >> You didn't think who was talking TO YOU? >> YOU GUYS. I THOUGHT >> when we were in the store. Yeah, I was talking to you. We We We said many times we'll go back. >> Like you said, you guys. >> We'll go back to the footage. We have both of you. You guys are trespassing the store for life and you you need to leave. >> Okay. What are you doing? Going through your stuff. >> You're under arrest. We can search your body. Go through my >> It's called incident arrest. Kayla. >> No. Do not stand up. I'm ready for you to stand up. I'll tell you. >> Are you injured at all? >> Yes, I am. >> But what hurt? [laughter] >> My [ __ ] What do YOU NEED ON MY [ __ ] BACK? My [ __ ] chair is hell. It's hard to breathe. >> So, we're also going to have a sergeant come up here and talk to you. >> That's fine. That's perfectly fine. >> You want to stand up? I can sit you down in the bumper now. >> How is this legal at all? >> Have a seat. Actually, you know what? Do you have anything on your in your pockets? Anything on you that's going to hurt me, poke me, stick me? Needles, knives, explosives, guns, anything like that? >> No. >> Let's walk over here to the back of the car. >> So, I didn't do anything wrong. Seriously, you guys are so [ __ ] up. >> Stop raising your >> I'm trying to push my bag. >> You don't have to push your pocket back in. It's the lowest of the priorities right now. >> How is this even legal? How is this even leg? >> New drug laws in Kent. >> Not even I just put this on drug law. Just signed into a federal I literally just put this code on. I swear to God. Why are you kidding me? I swear to God. All my kids life. Why? Why am I getting arrested right now? >> You're under arrest. >> You're under arrest for disorderly conduct. >> Wrong. >> And you're under arrest for resisting arrest >> because you I didn't do anything wrong. I understand. There's no reason I should be arrested right now. Literally no [ __ ] reason I should be arrested right now. This is so out of pocket. Seriously, there's nothing. I didn't do anything wrong. I I'm a good life. I swear I'm not I don't do blues at all. I swear to God. I know what they are, but I don't do them. I swear to all my kids like >> you know the street name for them. >> Yes, I do. I know. I know who they are. I look at the [ __ ] ghetto. Hello. >> See my hand? >> How would you do that? >> I have to sweep the other side of your bra. Make sure you don't have anything in there. Okay. Widen your stance for me. See my hand. >> Step in there. >> Arrest. >> Put your foot in. We already explained it to you when we were trying to talk. ANYTHING WRONG AT ALL. This is so wrong. >> What type of warrants does she have? >> Um, theft stuff, DWLS stuff. >> Theft stuff. I'm blown away. >> I'm not taking her without anywhere without. >> Yeah. >> So, >> okay. Where is your body? Did you just rip? >> Yeah. >> Oh, I am downwind. And that hit hard. Wow. That's hot. >> Dick came out hot. I will sight and release my guy even though he's kind of being a [ __ ] I'll grab her and transport her down, but we need a sex team to come see her. >> And fire sign, too. >> She's complaining of back pain. Correct. Let me look at her warrants real quick. >> Okay. You have the right to remain silent. Do you understand each of the rights I've explained to you? >> Do you need me to read the rights again? >> No. >> No. Okay. Do you understand the rights I've explained to you? >> No answer. Okay. What's that? >> I said, "Yeah, >> you do. Okay. Having your rights in mind, you want to talk to me now?" >> No. >> No. Okay. >> Yeah. Yeah. One question. Why do you really think I deserve to be taken to jail? I I've been to jail one time in my [ __ ] life. >> Okay. Your warrants would say otherwise. >> My warrants? You're lying. I don't know freaking warrants. >> Unless you gave us a bad name. If you give us a fake what? I swear to God. Give us a fake name. >> No. Okay. >> You have You have warrants for theft. >> No, I don't. For what? What are you talking about? I went to court. I don't want it deferred. >> Okay, here's what I'm going to do. I am going to go >> one time. >> I am going to go to my car. I'm going to get my fingerprint scanner. Please, >> if if you ended up giving us a false name, >> that's my name. >> Okay. If you gave us a false name, then you're going to get extra charges from >> Okay, that's my real name and I don't have no warrant to court. >> You do have warrants. That's what we just pulled up on our computer. >> How? But I paid I paid 26 >> something from Federal A and something from Auburn. >> Federal Way. >> Well, can you tell me because I have no knowledge of the >> We'll go through that. We'll go through that in just a minute. Okay. >> As she's walking out, she throws over behind her. So, like, all right. Well, we're going to take you into custody on that now. >> Disorderly. >> Yeah. >> I said like three times after that like that's disorderly conduct. You're under arrest. Stop moving. Don't run. Stop moving. Don't run. And I was like, "Hey, if you start running, >> it's going to be more." And then as soon as we put hands on her, she super hard resisting. And then at one point, we go to put her on the ground and she does she tucks her head and does a full flip. >> Hey. Hey. >> Kick me in the back of the shoulder. I'm not impressed. >> I don't know if that was just a front flip thing or not, but >> Okay. Are you injured? >> No, I'm not fine. She had a small thing of blues on her as well and she said they're not mine. Those weren't mine. >> The KCC that they signed. >> Didn't you say that they were going to come and give us the legal update for because >> Okay, I can I'll just do this instructor. >> The resisting arrest charge is legally sound under revised code section 9 8.76.040. Pulling away from officers, refusing ground commands, and a reported defensive flip during takedown. each independently satisfy the statute's elements. Under Atwater versus City of Lago Vista, 2001, custodial arrest for a minor offense is constitutionally permissible. The remedy for an unlawful arrest is court challenge, not resistance. Physical resistance only adds charges. Use of force is governed by Graham versus Connor, 1989. Reason is judged from the officer's perspective at the moment, not in hindsight. Active resistance justified escalation along the force continuum. The ground takedown was within policy. However, knee pressure applied to the subject's back while she reported difficulty breathing requires supervisory review. Under Washington Administrative Code 13905 215. Force must remain proportional at every stage, not only at the point of initial contact. The drug evidence sits at the center of a legislative timing problem. State versus Blake 2021. effectively decriminalized drug possession statewide. Kent passed a recriminalization ordinance four days before this arrest, but officers had not yet received enforcement guidance. Declining to charge was the correct call. Destroying the suspected fentanyl pills and pipe, however, was not without evidence preservation. Any future drug prosecution under the new ordinance is foreclosed entirely. Six financial cards bearing thirdparty names were recovered from the subject's purse. Under revised code section 9A.56.320, the state must prove the defendant knew the property was stolen. The subject's storage unit explanation constitutes a facially credible innocent possession defense. The cards were confiscated without formal evidence booking. That gap significantly weakens any identity theft investigation. Under revised code section 9.56.030, 030 Miranda rightites were read and the subject waved. Her admission regarding the buckets is admissible and directly supports the tampering charge. The advisement appears truncated in the transcript. An incomplete Miranda warning established in Miranda versus Arizona 1966 creates a suppression risk for all statements that followed. I think that I think that it either will go into effect in July or they'll do it early depending on what the state does because the state might come back and say the city can't do that. Miss, what's your first name? >> Kayla. Okay. Hey, real quick. My my body cam's on, so we're be not even video recorded. My partner said, "So, you're in custody right now." Okay. And I would be willing to chat with you, but because you're in custody, I got to read you your rights, and then you have to be willing to chat with me. And that's completely up to you, but if you want to talk, I have to do that. Is that something you want me to do? >> Okay, sounds good. All right, Kayla, you have the right at the You have the right to remain silent. You understand the rights that I've read to you, Kayla? >> What do What What do you want to talk to me about? >> I swear to God, I was buying everything. I really didn't think they were talking to me because I've never I've never stolen from you or anything. There's no reason, you know, I mean, so I really didn't think he was talking to me. I was shocked. I was like, "You're talking to me? Like, I there's no reason I should be kicked out here." Of course. Yeah. I'm mad. And so, I all I did was knock I just knocked down the bucket of bucket, which I shouldn't have done. actually control my anger, but I just knocked on the buckets and then they literally tackled me and like freaking put his feet in my back like hella hard, flint me upside down like for no reason. Like seriously y'all because I put some I didn't touch nobody. I didn't hurt nobody. Didn't do anything. Two buckets fell like two small tiny little five gall buckets. >> Oh boy. >> I shouldn't have done that. But later they should not have done that. Like I did nothing wrong. They said I have warrants. Can you tell me why what I have warrants for? Cuz I I'm literally I've been in jail one time. Yeah. Ever. >> I can I can look at it, but I I don't know. I haven't looked at anything. I'm just here to kind of get the the quick version of what happened. So, I appreciate you telling me that. >> And he's so disrespectful. Literally, he said cuz my fingers weren't dirty. I probably have a a long record of like crimes or whatever. Like, I've been to jail one time. >> Okay. Well, I'm sorry to hear that. We get called here or we get asked by employees to come tell people that they need to leave. Some of the people that you were with were previously trespassed. I don't know if you have been previously trespassed. It sounds like you're saying no. But as soon as the business tells us they want this group of people gone, it is completely their right to ask us to do that. >> Yeah, I totally understand. But like I said, I literally didn't see you. >> And then at the point where you do realize he's talking to you, you get flustered, right? Cuz it's embarrassing and I get that. The problem with throwing the buckets on the ground out of anger, I get it, is that it's disorderly conduct. And at that point, they do have a legal reason to arrest you. As soon as officers tell you, hey, you're under arrest, even if you think it's [ __ ] instead of arguing or resisting their attempts to put your hands behind your back to put you in handcuffs, you got to just be compliant. And then you can argue argue it after the fact. If you think it's BS, that's f that's fair. That's your right. But if you resist when we're trying to put you in handcuffs, it makes it dangerous for you. It makes it dangerous for us. And unfortunately, that's how it played out. Unfortunately, what happens when people resist, we have to kind of begin to do more than just simply try to get your arms behind your back. So that's why they put you on the ground to handcuff you. Okay. In terms of the warrants, I'll I'll go figure out what the warrants are for, and I'd be willing to tell you what those are. I just don't know yet. Okay. >> I'll let you know what the warrants are for. Okay. >> Okay. >> All right. >> The warrant out of Auburn for crim trespass >> for deferred. >> Deferred it. >> Yeah. >> Maybe missed a court date or missed something. I don't know. >> They told me I literally paid cuz I paid half for it and for 40 hours community service, I just paid it off like $156, something like that. Okay. And then the other half, she said, "I'm not even going to make another court date." And it was done. So why >> for whatever reason, it's in there and it's your name. It's your middle name. It's your birthday, right? And the name you gave me is uh there was one out of Fedway, but I don't think it was you. It was a different middle name unless you gave the officers in Fedway a different name. And I'm just I don't need to confirm that right now cuz the Auburn one's fine. And we have >> disorderly conduct from today, right? So But here's the thing. When you go to Auburn next, just check in at the court and be like, "Hey, I got a rent." Or maybe when you when you go to jail today, maybe they'll just help you figure it out and put you in contact with the right people. Okay. >> Get arrested though. >> Uh, yes, you are. Hang tight for just a minute. >> We should all just go home for the day. I'm emotionally damaged now. >> Kayla. >> Yeah. >> These little things that are like pokés and tools and stuff, they cannot go to the jail with you. So, they're just going to get destroyed. >> Um, why? >> What's that? >> Can't I just give him to my husband? >> Where is he? Pretty much what I want to do is give all your stuff to your husband, but I don't know where he's at. Was he the short Hispanic guy or the taller white guy in the gray sweatshirt? >> No, either. He's in my Mazda sticks right there. >> That one right there? >> No. >> What's his name? >> Alex. >> What is it? Sorry. >> Alex. >> Alex. Can you hop out for a second? We're switching cars. >> Hey, Kayla, do you want your purse to go with him? >> Um, yeah, sure. Yeah. Apparently, it's our suspect's car and her husband has passed out inside and is not waking up. You guys have some drug paraphernalia in his lap. He woke up. We're good. Can I open the door and talk to you? >> Are you Alex? >> Yeah. >> Your wife got arrested. >> What? >> Yeah. >> Yeah. These things happen. >> Um, >> she wanted us to give you her purse and her cash. What was she doing in there? >> Uh, she was identified by their store security as somebody who had shoplifted previously and they wanted her trespass. There's a bullet right here on the door just so you guns in the car. >> No, sir. >> Okay. Anyway, she got uh she's under arrest [clears throat] for obstruction and disorderly conduct cuz she was throwing stuff around the store and she got mad. We told her she had to leave and was trespassing all that. So, >> going to jail? >> Yeah. >> Probably shouldn't be driving though. Maybe find somebody else to come drive for you. >> Yeah. I don't know if you smoked or something recently, but I was trying to wake you up for >> I literally was just waiting for her forever. I took a nap. Oh yeah. Okay. Any questions? You contact Kent City Jail and they'll find out how much how long. Okay. >> Primary officer B minus. Lawful contact. Multiple warnings before force. Taser announced rather than deployed. Procedurally sound. Two failures. A provocative remark about the subject's criminal history contradicts Washington's deescalation mandate. and the disorderly conduct mclassification required command correction a preventable statutory error. Secondary officer B+ post arrest communication was legally accurate, calm, and instructive. He explained compliance obligations and post arrest remedies correctly. The vehicle contact with the subject's husband was non-coercive and conducted without an unsupported warrantless search. Fourth amendment compliant. the subject C++. Her own admission confirmed she knocked over the buckets. That act, however minor, provided probable cause. Her physical resistance escalated a minor trespass contact into a use of force incident with additional charges. Unresolved exposure from suspected narcotics and third party financial cards represents independent legal risk beyond today's charges. Three takeaways from this encounter. One, comply first, challenge later. Resistance does not void an arrest. It adds to it. Two, local law can change overnight. Know the ordinances in your city, not just state law. Three officers must charge accurately. A wrong statute requires supervisory correction, weakens prosecution, and erodess credibility on the stand. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching and don't forget to check out our second channel, Street Body Cam, for even more police interaction and courtroom content.