So, you're going to be under arrest for battery. Okay? Now, listen listen. I understand everything you said beforehand. It's documented. Okay? But, because of your actions hitting him and struggling with him over the over the phone, we have enough probable cause to arrest you for battery. Do you understand that? Do me a favor and turn around put your hands behind your back. Don't struggle with me, Melissa. Just Turn around. >> Please don't try to run. Please. >> Who are you talking to? >> My cousin. >> Okay, let's hang up. We can call her back. >> I can't. >> Let's take Let's take a deep breath. >> Who that? >> I know. Let's take a deep breath. >> You don't know. >> Okay. Okay, hold on. Hold on. Let's take a deep breath. Try to gain some composure here for a second. You're all right. You're here with us. What happened? >> Under Florida statute 741.29, once probable cause for domestic battery exists, arrest is mandatory. The victim cannot drop charges. That decision belongs to the state attorney, not the person who made the call. Florida statute 784.03 defines battery as any intentional unwanted touch or strike. No injury required. No intent to harm required. Physical contact alone is sufficient. A shove, a phone knocked away, a struggle over a device, each satisfies the statute independently. All three occurred here. The subject's first admission, the shove, was made voluntarily before Miranda during an open investigation. She was not yet in custody. Under Berkemer versus McCarty, 1984, pre-custody statements made during voluntary investigative questioning require no Miranda warning and are fully admissible. She then admitted the phone grab and the physical struggle unprompted. The prosecution's case was built entirely from her own words. >> My boyfriend did the same [ __ ] to me. He taunts me the past 2 years, which is gaslighting me and making me look crazy. But it's all out of reaction again, and I know it is. And I'm so frustrated by it. I tipped the man money, and he got mad about it. >> Okay. >> So then he After leaving me, he came back in and said I can either leave with him or stay. I said I'm going to stay. Like I tipped them >> Where were you? >> Salty Joe's. >> Okay. >> And I said I'm going to stay. I'm not going to be controlled anymore. So he said, "Fine, I'm going to throw your [ __ ] out." So I came down and all my things were I don't know. I hit the room. I go home. >> So you guys got into an argument or something and then >> Yes, we got into an argument, and of course he starts out, "I'm recording it. >> Okay. >> You look [ __ ] crazy. You look [ __ ] crazy." >> Did he threaten to hurt you at all? >> Not this time. All the times before >> previously? But But just now he didn't threaten to hurt you at all? >> I mean it was I thought I was mental hospital. >> You have your ID on you? >> Yeah, I don't want to press charges. I don't want to press >> how long have you been dating him? >> 2 years. >> Okay. So >> I shouldn't have called. I shouldn't have made it bigger than it was. >> Can I explain something to you real quick? In the state of Florida, there are no press charges not press charges when it comes to a domestic situation. Okay? So if we if we can't establish anything happened, cool. You're obviously leaving. So we'll find you find you somewhere else to stay so you're separated. Okay? But if I we can establish that something physical did happen, then we go a different route. However, right now we don't have the I don't want to press charges I don't want to press charges option because in the state of Florida, domestic situations, which is what this is cuz you guys been together for a while, is up to us. Get your ID for me. We're just going to put you in the call to say that we talked to you, and then we're going to go up there and we're going to talk to him. >> He's going to say that I shoved him. He's going to say that I did all these things. He recorded He said that he started recording after I shoved him, and I know that I did shove him because he started saying all these things to me, and I was like, "Are you kidding me? Again?" >> So, you you pushed him is what you're saying? >> Yes. >> Okay. >> Am I going to jail now? >> No, just find your ID. >> And I still know what to do. Everybody told me I shouldn't get back with him, and then I >> Okay, well, some relationship advice. I was engaged for 2 years. Nobody knows your relationship like you do, okay? >> And then he said I was going back with him. >> Okay. >> And I don't want to go to jail. I'm so >> You're not going to go to jail. >> But what if he says that I pushed him? Do you guys believe me? And then the state is going to make me go to jail. >> It's not about believing. It's about >> I know what happened with Taylor freaking Hall. That girl, everybody believed her, and then they made her go to jail. >> It's not about Listen. Listen. >> I'm so frustrated. Everybody was right. Everything he was saying was right. >> Melissa, that doesn't matter right now at like whatsoever. Listen to me, please. I know you're scared. I know you're frustrated. I get all the things. It's all right. >> I called out of frustration >> Listen. Listen. I need you to I need you to listen, okay? We take both sides. You're leaving, okay? So, we're going to All we attempt to do is make sure everybody's safe. We separate the parties, okay? You're obviously leaving. We're going to go up and talk to him. What I need you to do now is get on your phone and try to find another hotel because we The only thing I care about is your safety and where you're going to stay after this. >> to stay. It's on my phone because at the end I was fighting with him for his phone, so he's It's all going to be on me, and then I'm going to be the bad guy. >> says. Listen. listen, he says. >> It's on proof. he says on I'm fighting with him for his phone and >> Well, we're going to deal with that later. If that's the case, we'll deal with it later. I see you've been drinking. >> Is he drunk? >> He's been drinking the same as I have, so yes. >> All right, so we're going to have a cop come over here. We're going to I guess keep it on here. >> Yeah. >> We'll have somebody stay with him while we go up. >> He's going to take care of you for now, okay, while we go up. >> show you? I don't want you to show me >> officer the phone. >> So ma'am, what do you want to show me? So ma'am, so I just arrived. I don't know what happened. They're going to go there. They're going to investigate. Did he ever put his hands on you or >> No, he's just made threats in the past. I have since night. >> Okay. >> He made claims against me and I got frustrated and I broke with all the things he was saying to me yet again. He kicked me out yet again. Everything within this apartment is under my control. >> So ma'am, listen, as long as there was no physical, nobody put their hands on you. >> I pushed him. So >> I mean, you pushed him, it's not like if he was approaching you and he just pushed you. >> And I know it's bad I said something, but I'm just upset. >> I mean, if he was if he was approaching you and he was saying things like that. >> And then I started to grab his phone and then we fought about his phone and then he was like, "Look at what she did to my hands." And I was like, "Look at what you did to my hands over it." So isn't that just as bad? Am I the bad guy? I've seen the video recordings about that girl. Am I going to be the one in trouble now? >> Did he ever touch you before you pushed him or did he was he saying >> Not tonight. >> Okay. So after you shoved him, then what happened? >> Then he grabbed his phone saying, "See, she just shoved me. She just shoved me." After he said things to me again, like he has the past 2 years. >> And after you shoved him, he didn't shove you back or touch you. >> No. And then after that, we had a conversation and then it was, "See, she's fighting me about my phone. See, she did this to me. See, she did that." But never mind the fact that the past 2 years I have literal text of him saying, "I want to hire somebody to beat the [ __ ] out of her. I want to fly down there and slap the [ __ ] out of her." >> Well, did you call or did he call? >> I called cuz he kept telling me to call. >> He kept telling you to call? >> Yes. >> For what? >> Because the past two problems called police because he's kicking me out of his hotel room that he paid $10,000 for for the whole weekend for his birthday. After we broke up a month ago because I was finally done with this [ __ ] and he hasn't changed. I And now he's saying I'm drunk. I have an alcohol issue. I don't have an alcohol issue. I've never ever been in trouble for alcohol. I don't drink and drive. I was simply going to put, reasonably so, all of these things into my car and then go find somewhere to stay. Then it was call the police because they're going to arrest you for public intoxication. >> No, we don't do that. But, I would not operate a vehicle if you have been drinking. >> No, I wasn't going to operate vehicle. I just wanted to put my things in my car. >> Okay, Alyssa, I feel like you're working yourself up a little bit. >> You know I feel like >> So, why don't you stop talking and let me talk. We showed up because you called us. You're not in trouble. We're investigating what happened. Once the officers are done with their investigation upstairs, more than likely you'll go about your business. We'll assist you in the best way we can in getting you to another hotel and then it'll be perfectly fine. Obviously, you'll have stuff to figure out with whatever this kid's name is. But, in terms of like being so upset because you think you're in trouble and all that, stop because you're not in trouble and everything's okay. You're safe. Relax. Take a deep breath. Stop talking cuz you're kind of getting down a little rabbit hole. I got to read you something before we talk about anything. >> I'm getting arrested, aren't I? >> I'm going to read you something and then we'll go from there, okay? You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have him or her with you while you're being questioned. You can decide at any time to exercise these rights and not answer any questions or make any statements. You understand your rights as I've explained them to you. >> Miranda was read correctly after the arrest decision before direct questioning, procedurally sound. However, the waiver that followed was equivocal. Under North Carolina versus Butler, 1979, ambiguous waivers can be valid, but courts apply heightened scrutiny when the subject is distressed or impaired. She was drinking. She was emotionally dysregulated. A suppression motion is likely. The subject claims self-defense based on 2 years of documented psychological abuse. Under Florida statute 776.012, this argument fails on imminence. Non-deadly force requires a reasonable belief of imminent physical harm at the moment of the act. By her own account, no physical threat existed in this specific encounter before she initiated contact. Prior abuse is legally relevant context, not a license to initiate physical contact. In a separate incident where no imminent threat exists. >> Yes. Okay. Having these rights in mind, are you willing to answer any of my questions? >> We need verbal affirmations. So, it's just yes or no. >> Do you want to answer any of the questions I'm going to ask? >> Do I wait? I don't know. I don't know. I need to Okay, yeah. I guess yeah, I can answer. >> Okay. So, they're they're going to be very direct questions. Did you hit his phone out of his hand? >> Yes, I grabbed it and I went to pull it out. >> After you did that, >> Yes. >> did you lunge at him and fight with him over his phone? >> Yes, I tried to fight for his phone because he was trying to record me after he didn't even tell me he was recording me. >> Well, listen, he's got an injury to his right forearm. In the state of Florida, battery, whether domestic or not, which in this case is domestic, is an unwanted touch or strike. Like he didn't want you to hit his phone and he didn't want you to lunge at him to get to get his phone. So, you're going to be under arrest for battery. Okay? Now, listen listen, I understand everything you said beforehand. It's documented. Okay? But, because of your actions, hitting him and struggling with him over the over the phone, we have enough probable cause to arrest you for battery. Do you understand that? Do me a favor and turn around. Put your hands behind your back. Don't struggle with me, Melissa. Just Turn around. We're going to handle that here in 1 second, okay? Hold on. Hold on. Hold on. So, listen. Listen. Listen. We're going to go to the jail, okay? And listen. You're going to see a court or you're going to see a judge in the morning. Listen. In the morning, okay? What we're trying to do here is help you out by putting all of your stuff in your car. When you get out, whenever that is, at some point tomorrow, you can Uber back here and get your car. I understand, but listen. It's not even about how he acted. It's about the decision you made to hit his phone out of his hand and then try to wrestle his phone. You understand that, right? Stand right here and face that way. Good. All right. Let me get the seat belt on you. I'm going to turn the air up. I know it's hot back here. Okay, listen. This is super straightforward, okay? Listen. Listen to me. Listen to me. It's not ruined. I was in a kind of a similar situation. Okay? In another state. Okay? Now, in the state of Florida, like I told you, we don't have the luxury of this or that, okay? Sometimes in the past, the victim says, "Hey, I don't want anything done." and they dropped it completely. Okay? I'm not saying this is going to happen, but in the past that has happened. Okay? You understand that? Okay, so listen. Your life's not ruined. Okay? It's a It's a misdemeanor charge for battery, but >> But like I have text message proof of him saying I would slide out there and the [ __ ] out of you just for saying that. And like there's all these double standards. And then all these reactive things. Like he's allowed to say things to me. And I know I shouldn't have grabbed his phone and I'm sorry that I did. But how come he's allowed to do all these abusive things to me and I can't defend myself? >> Stuff that he said. >> I shouldn't have ever called. I didn't know. I thought you guys would just help me get away from him. I just I needed help. For us to both separate for the better for both of us. Not us getting in trouble. I didn't want him to get in trouble. And he's the one that's been abusing me mentally for 2 years. I don't have like a lawyer that I know to help me in this situation. I am not a violent or mean person. I know I'm not and everybody I know I knows I'm not. Should I call my cousin whose boyfriend is a homicide detective in Miami instead of my mom cuz he would have more experience? I don't know what to do. I'm just scared it's not going to work itself out for me because nothing with him has. >> Lead officer B plus. De-escalation was skillful. The mandatory arrest statute was explained accurately and early. Miranda timing was correct. Post-arrest logistics, securing her belongings, explaining first appearance, were handled with care. Two deductions. Assuring her she would more than likely go about her business before the investigation concluded created a false expectation. And the Miranda waiver, given her state, warranted cleaner confirmation. Subject C plus. She complied with arrest without physical resistance. She articulated her context clearly under extreme stress. But she waived her Fifth Amendment right at every stage before Miranda through an ambiguous waiver and again in the patrol vehicle. Every element of the battery statute was established through her own admissions before a single formal accusation was made. She built the case against herself. Three lessons. First, in Florida, calling police to a domestic dispute activates a mandatory legal framework. The caller does not control the outcome. Second, the right to remain silent is the most effective legal protection available during a police investigation. Invoking it is not guilt, it is strategy. Third, documented prior abuse does not satisfy the imminence requirement for self-defense. Preserve it, report it, but do not act on it outside a moment of actual immediate threat. 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.