How you doing, sir? >> [music] >> Okay, we got to leave. Let's go this way. This way. This way. We're going this way. Yeah, one for five is all it takes for me. Yo. You're going to make this worse for yourself. >> Tampa International Airport. Gate A 66 A passenger was removed from a Delta flight. What the officers did next became a legal problem they created themselves. Three charges, disorderly conduct, trespassing, and federal flight crew interference. Each one has a constitutional problem. The stop was lawful. A Delta employee's identification established reasonable articulable suspicion under Terry versus Ohio. But the trespass warning broke down immediately. Florida statute section 810.08 requires the warning to come from the property owner, lessee, or their authorized agent. Gate E 65 is a Delta leasehold. The airside concourse belongs to the airport authority. An officer who issues an airport-wide ban without confirming that authority has built the arrest on a defective foundation. Disorderly conduct hits a harder wall. Florida statute section 877.03 cannot reach purely verbal conduct, confirmed by the Florida Supreme Court in State versus Saunders, decided in 1976 under Gooding versus Wilson. Any such statute is limited to fighting words only, words that by their utterance provoke immediate violence. Cohen versus California and Lewis versus City of New Orleans both rejected laws that criminalize profanity directed at officers. Without physical provocation, this charge fails the First Amendment test on its face. The federal interference charge is the weakest of the three. Title 49 of the United States Code, Section 44902, requires genuine operational interference with flight crew duties. The subject's account, a dispute over a sensory tablet for his autistic daughter, triggers the Air Carrier Access Act. Title 14 of the Code of Federal Regulations, Part 382, prohibits denying boarding on the basis of disability without a pilot in command safety determination. If that determination was never made, the airline created the confrontation. The charge collapses. >> How you doing, sir? Okay, well, you got to leave. Let's go this way. This way. This way. We're going this way. You got to wait for five dollars to move. Yo. You're going to make this worse for yourself. We're walking towards the 70 gates. The exit's not that way, my man. Doesn't matter. I'm not going anywhere. It doesn't matter. I'm with you now. That's not the exit. Are you trying to go to jail? Trespass. I'm about to trespass you because you're not listening to me. I can trespass you. I can trespass you. I work for the airport. You're a trespass. You can't go this way. You have to start listening to me. We're going this way. No, you do. This is Delta. You want to speak to Delta? can I >> can. I work for the airport, I can trespass you. >> You can't do these things on the plane, Mr. Officer. You're talking to me, you idiot. Yeah, I got a wife and a child. >> It's a great way to ask act. He's not fine, no? All right. For good? >> Not for good, for an hour maybe. >> You're for good, you're no fly list. >> [ __ ] you. >> And we're filing at the exit. I've already trespassed. >> You can't trespass. >> Yeah, you're trespassed, buddy. I don't care. You're not going to speak to me like that. >> [ __ ] you. How about that? >> You're leaving. LET'S GO, YOU'RE LEAVING. YOU GO, I DON'T CARE. You're leaving now. You want to act like this, you're done. That's how you're done. LET'S GO. LET'S GO. YOU WANT TO GET ARRESTED? LET'S GO. LET'S GO. >> Let's go. >> WALK OUT THE DOOR NOW. YOU'RE TRESPASSED, YOU'RE DONE. GO. You're arrested. Let's go. Hands on your back. Hands behind your back. >> only area. Please do not enter. You were told multiple times to leave. >> What's that not Is this not a way for the exit? Is this not a way >> to stop and you stop and talk to us at the exit. >> What's this not for the exit? >> Whose car is on this? >> Mine mine is. >> What's this not for the exit? >> I don't know. I have there him, he would know. >> [ __ ] you, too. >> Go downstairs. >> Talking about trespass. >> Any interference? >> Yes. >> What kind of interference? >> Flight attendants. He was cursing everybody out, flipping everybody off on the plane. Uh >> While it was in flight? >> No, no, no. We couldn't even get the plane out the gate. >> Because of him? >> Yes. >> Okay. >> So, the plane is still at the gate. His wife and his kids are on there, but I was trying to convince him to stop. >> wife and his kids still on the plane? >> I'm about I'm going back over there. this >> All right, let me make sure. You're going to be over there? All right, I'll be back in a second. Yeah, man. >> Post arrest. No Miranda warnings were administered before officers questioned the subject. Under Miranda versus Arizona, custodial interrogation requires prior advisement. His refusal to answer was a valid Fifth Amendment invocation. Every question asked without that advisement is a statement that may never reach a jury. >> I'm arrested for what? >> Trespass. Easily. Act disorderly, trespass, pick one. You don't even want to talk to me? I don't want to see you trying to talk to you. >> Cuz you got to deny boarding of a plane. Come on. >> You don't even give me a chance to talk to you. Is that how you're going to act today? >> Cuz you came at me [ __ ] >> at you. I said, "Hey, sir, what's up?" You said you don't talk to police. That's the first thing you said to me. >> You're right. >> Yeah, so why was that? I was going to help you. >> Okay, I was going to help you, man. >> I don't answer questions. >> Whatever, I was going to help you. >> There's a difference. >> It doesn't matter. >> How can you say that? >> What do you mean? You just need to stop violating my rights. >> Words matter, [ __ ] WORDS MATTER. >> AND I talked to you, you didn't stop violating my >> Words matter. >> Yeah, listen to your words. >> Yeah, listen to your words. >> You sound like a child right now. You sound like a child. >> [ __ ] up, basically. Basically. >> Come on, if anybody's [ __ ] up, look in the mirror, dude. I'm going to rip it out of your hand. >> Why are you TAKING IT? AND WHY ARE YOU TAKING IT? >> You're under custody. >> And when you have your new arrest, what uh Can I ask a question? >> Since Are you going to talk to us? >> No, I'm going to ask you questions. >> can talk to me normally. >> I am not talking to you normally. >> No, you're not. Go ahead, ask me a question. >> Why am I under arrest? >> Trespassing, disorderly conduct. >> Trespassing is [ __ ] >> Okay. There you go, interference with a flight. That's federal charge. >> My daughter wouldn't talk >> screaming. The nurse told >> We would have let you work it out. >> No, I I told her and then she wouldn't [ __ ] all of you. >> You got anything on you shouldn't have? >> My dick. >> Nice. >> There's no knife. >> I SAID KNIFE. >> YOU'RE LYING. >> I said nice. [clears throat] >> That's sugar, not a knife. >> I said nice. >> Yeah, you say that now cuz there's no [ __ ] knife. >> I don't I don't think you have a knife. You have to go through TSA. >> I don't have a [ __ ] knife. >> Nobody said you had a knife. >> Why are you telling me to relax? I'm in handcuffs. Leading me against the car. Making me sound like I'm being all [ __ ] out of control and [ __ ] >> bit. >> Screaming is not out of control. Yelling and screaming >> Causing a disturbance. >> IS NOT OUT OF CONTROL. >> YEAH. >> I did not >> the airport, man. >> create a [ __ ] DISTURBANCE. MY CHILD IS AUTISTIC AND I TRIED TO EXPLAIN THAT and then your asses came. Why are you SQUEEZING MY [ __ ] HAND? >> LOOK, get in the car. Get in the Get in the car. >> Get in the car. >> I'm going, dude. >> Get in the car. >> Can I get in? >> Yes, get in. >> Why are you stop pushing, MAN? >> GET IN THE CAR. >> I KNOW HOW TO GET IN THE [ __ ] CAR. You don't have to be a [ __ ] [ __ ] >> Do we put him in with 15 or no? >> [ __ ] you. Yeah, I said it. >> What are you doing? >> I don't need a [ __ ] seat belt unless you guys plan on crashing into some [ __ ] Which wouldn't be surprising. >> Once he wasn't listening to you guys he just >> Yeah, I mean he he he went to the exit so you got to go this way. >> Yeah, he kept turning around. He wouldn't let go of his food in his hand. I'm like, so whatever this is. Um yeah, you too. >> Yeah, you guys do that. I'm going to go back and interview to see what interference they had. >> You don't have your ID? >> [ __ ] court. >> You don't have your ID? Oh, the body camera would be great. Do you you have ID or what? >> Who? >> Okay. >> I don't answer your [ __ ] racist questions. >> The race has nothing to do with anything. >> No, no, you're right, it doesn't. But being a cop and me being black is all the race I need. [ __ ] you. >> Name and birthday? >> [ __ ] you. >> All right. You're going to have a great >> No. >> time, my friend. >> I'm assuming you're the wife? >> Excuse me? >> You're his wife? >> What? Foster? Yeah. >> Okay, he uh got arrested. Cuz he would not leave. >> Uh-huh. >> And he forced everybody out and we told him like three or four times for him to leave and he just wouldn't leave. >> Wouldn't leave from where? >> From the airport. He got trespassed. >> was waiting for me? >> Yeah, well he was swearing at the officers and everything, so he was causing a big scene, so he got arrested for trespassing. They trespassed him and told him to leave and he wouldn't leave. So he's at the Hillsborough County Jail. You can call over there. Okay? >> Um okay, and where is that guy who who has my luggage? >> He's over here. >> Come here. Luna, please, please, please. Come here. So what does that mean? Like >> So call the Hillsborough County Jail and ask for him and they'll tell you what you need to do. >> Cuz he posted a photo of my computer on >> What's that? >> You know, my mom passed away. >> Well, I'm sorry to hear that, but >> Transport is where this case becomes a civil liability matter. The subject asked whether the officers had taken an oath to the Constitution. Florida statute section 906.10 mandates that oath as a condition of appointment. The response was laughter. Then officers made racially charged comments about the subject's national origin on their own body cam. Section 1983 of title 42 of the United States Code provides a federal remedy for constitutional violations under color of law. Equal protection claims require documented intentional conduct. That documentation now exists. The officer receives a B minus. Lawful stop. No excessive force. But the trespass warning lacked authority. Miranda was skipped post arrest. And the failure to intervene when a colleague made discriminatory remarks on a live body cam is both a conduct violation and a duty to intervene failure. The subject receives a C plus. Consistent Fifth Amendment invocation legally correct throughout. The disability accommodation argument carries real legal weight. But refusing to engage before any formal detention eliminated every path that did not end in handcuffs. Being constitutionally right and tactically self-defeating are not mutually exclusive. Three lessons. First, confirm issuing authority before serving a trespass warning. A defective warning fails the statute before trial begins. Second, Miranda attaches at custody and interrogation. Not at charge severity. Skipping it converts questioning into inadmissible noise. Third, body cam records both directions. Discriminatory comments made in a patrol vehicle become discovery material in the civil case that follows the criminal one. The camera does not choose sides. Let us know if there is an interaction or legal topic that 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. >> Yeah, and you know what? That sounded like a threat. Don't think I'm not going to have that [ __ ] documented. Oh, you're going to have a great time in jail. Almost like it's some sort of club [ __ ] Yeah, whatever. [ __ ] you. Shut the [ __ ] up. Finally. >> You're the one screaming. >> Screaming is not a problem. >> Call her on our services. >> Uh, no. >> the airport, man. >> Was I screaming in the airport? >> Yeah. >> Oh, one says yes, the other one says it doesn't matter. Both of y'all [ __ ] up. I was not screaming in that airport. I was not screaming in that airplane. I tried to explain to that lady that my daughter is autistic. You cannot take that tablet away from her. We do not have headphones for her. I could not turn the volume down. And then she walked away. She was trying to tell me to blah blah blah. And I'm like, you don't understand. My daughter's autistic. She does not respond to taking [ __ ] away. Thank you for being exactly what I believe the police department and all these states are. And you told me straight out. And if you have your body cams on, then I have evidence of you telling me that my [ __ ] doesn't [ __ ] matter. So, make sure you delete that [ __ ] >> No. >> Oh, did I tell you guys to [ __ ] you? Did I Did I say that already? >> Ask one more time. >> Yeah, [ __ ] you. That's the answer. [ __ ] you. I'm going to go to jail. You think you're scaring me with [ __ ] jail? Hey, I got a question for you guys. Did you guys take an oath on the Constitution? I see you laughing. >> I'm not taking any questions. You said that earlier. I'm not taking any. >> I know. See, that's the difference. As a >> Hey. >> As a uniformed officer, you are required to answer my questions. But as as a citizen of the United States, I am not required to answer any of your what is perceived to be an unlawful question. So, you're saying with your smirring that no, you did not take an oath to the constitution. Is that correct? I'm going to take your silence as a yes. >> I just don't want to talk to you. >> Yeah, it doesn't matter if you want to talk to me or not. The law requires you to answer my questions when I ask them, and you stupid mother [ __ ] don't even know the law. How stupid are you? Do you even qualify to drive a [ __ ] car? You think because someone is in the back of a cop car with a couple of moronic police officers that don't know the law that this is somehow justified? Just because you said so? Y'all are dumber than you look. You know we're all in the same car, right? And I can hear you. >> I don't care if you hear me. >> But that's why you're whispering though, because you don't care that I can hear you. Yeah, but you don't normally need to whisper that low, either. I mean, like, it almost sounded like you were trying to give him a [ __ ] reach around or some [ __ ] >> Like I said, your bait techniques are like pre-K. >> Yeah, okay. >> What state were you born in? >> [ __ ] you. Maybe it's Columbia. Who Who We're going to have to get the Google Maps out and check that out. Where is Where is the [ __ ] you country at?