They say that you just hit him unprovoked out of nowhere. >> Me? >> Yeah, you. And he's actually swelling up above his eye. So, we got witnesses that witness, right? People saw it. It's clear as that that you did. So, I mean, just be honest about that. >> All right. >> A man tells airport police he has had 10 to 12 drinks and he cannot say why he was taken off his flight on the aircraft. Another passenger says he was hit in the face. Officers will make one arrest that night and it will not be for the punch. that was witnessed by the flight attendant and uh disembarked. I want to drive. I'm just trying to get confirmation about what actually happened there, but what actually happened in the aircraft. Um and based on that information, I'm going to then probably we're going to probably just, you know, no going not have enough flight tonight or even tomorrow. So, but uh I do feel like, you know, uh like he's at least one minute from getting upset and just doing something that >> that uh I don't want to be standing in front of. >> Do do we have a passenger on the plane that is a victim of an assault that wants to Yeah. And they're ready to They're actually ready to push out like the captain's waiting about, you know, time out. I hope he pushes it out, but the agent's down there trying to get information because the flightend was the one that witnessed it. So, >> okay. >> Comes back up. I'll have more information. >> All right. Want to walk down there and see. >> Okay. >> And then we'll just stop here with him. >> Yeah. Okay. Lay down. You got to Hello. >> Hi. >> Hey. So, we just got word of somebody getting in front of some point. >> Yeah. >> Yeah. What is >> He's in 12. He's in 12. I think his name Br. Bring him on for me. His name is the guy. >> Yeah, just the guy. Just the guy. >> He's in 12 that you know it was documented on that. Did you see him up there? I got my partner's father. I just kind of check see if he want to press charges. What I ask you guys? >> Where y'all headed to? >> Where they headed to? >> Yeah. >> I'm Kimber. >> Kimberly. >> Okay. >> How are you, sir? >> How are you, sir? >> So, no. I'm officer Walker. Hello. >> Uh, so we just got notified. It was an incident on board the flight. I just kind of wanted to get my daughter's lean across my lap. Okay. >> And I went down to mess my shoe and then I was getting my bag. He just reached through and >> boom hit me in the face. I was a pro. What are you doing? Like I'm the like I'm messing with my shoe. You're not just my wife like what's going on and >> that was it. I mean basically and when you say okay so you were tying your >> So like my head's down here. So if you look at the seat so my head's here. He reached through with his I don't know if it's his left hand or his right hand or left hand but basically hit me face. >> Why was he reaching through? Like reaching through to get what to hit me. So, oh, so he like literally wanted to >> hit me my shoe. Yeah, I was provoked and I was I hadn't talked to the guy at all. Was literally messed my shoe. >> Yeah, he was. So, okay. Um, so are you wanting to press charges? I mean, no. Like, are you injured at all? Do you need AMS? >> No. Okay. >> Are you sure you don't want to press charges? I mean, should I was that American Airlines? I mean, they got hit. He should be on another flight. I tell you that. >> No, he's not. >> He's not going to be hurt. >> He's not. >> If if you guys are going to make sure he's on another flight, >> then I not hurt. >> Okay. So, I'm going just get a little information. >> So, I know Crab Tree. Well, I was hoping I was like, I wonder if Tim's going to be here. >> Oh, no. He He a big dog. >> Is he? Good for him. >> Yeah, he's not even here. >> I've known Tim a long, long time. >> Really? >> Yeah. >> Are you? >> No, I used to play professional baseball, too. >> Oh, >> so he was older than me and kind of in me back in the day. >> Oh, wait. Okay. K9. He's a K9. But either he's a sergeant or >> he's dude. He's still up there. >> Do you need my name or you? >> Yeah. So, I'm I'mma ask actually take a picture of your driver's license. I need to hold on for us one second. All right, boss. What's What's going on here today, man? >> They asked me to get off the flight. >> Okay. >> I got off the flight. >> Okay. Why' they ask you to get off the flight? >> I'm not sure. >> Okay. He is seated at the gate with officers beside him and nobody has said whether he may leave. Under Terry versus Ohio, police may briefly detain a person when specific facts point to possible criminal activity. A crew member's report of a punch is that kind of fact enough to hold him while it is checked. What comes back from the aircraft will decide how long that lasts. >> Did I talk to you earlier about a laptop? >> Yeah. >> Did you find it? >> No. >> No. Okay. Okay. >> So, your department has my laptop. >> Okay. I Who told you that? >> I have a Don't shoot me. >> No, dude. I'm good. I'm I'm good. >> I have a thing from I have a message from a police department that I don't know. Okay. >> Cuz we have your uh laptop. We have your >> Okay. Can I see the message? Maybe we if it's one of our guys cuz like I said, I called dispatch and they had no record of it. So that's that. >> If we can find that for you. Let's start with that and then we'll move on to other stuff. >> That's that I have to >> Dude, you're good, man. >> Okay. >> I'm I'm not scared, so it's okay. >> So that's my phone right here. This is what I'm looking for. >> Okay, perfect. >> Are you from Texas here? >> No, not where where you live? >> Colorado. >> Colorado. Okay. So, this is a layover for you or are you just trying to fly home cuz you're here visiting? >> I I'm flying home for Memorial Day weekend. Uh, I'm down here for work. >> Oh, okay. I got you. I got you. So, you're living here temporarily for work and you're going back to Colorado. You're permanently temporarily. >> Gotcha. Yeah. I'm I'm down here for uh Possum Kingdom. I'm repairing Pawsum Kingdom Dam. >> Oh, very cool. >> And >> I almost made a trip out there one day, but it got too hot and I turned around. Was on the motorcycle. My >> other thing what's it? Devil's Den. >> Okay. >> Red Bull, all that. >> Gotcha. >> That's not where I'm working, but >> No, I got you. >> So, travel American right there. Do you have This is not helping me. I'm sorry. >> No, no, dude. Take your time. It's good. >> No. >> I spoke to you like hours ago. You remember me, >> right? Yeah. No. >> All right. You're you're a hard man to forget with the your big dude with all those tattoos, man. I like it. >> Boards 10:50. >> Yep. That's your voting test. >> 11:25. >> Mhm. >> 11:25. I was delayed hours. That's part of the reason I came to talk to you was because my flight was delayed hours, >> right? >> I finally got on the flight. >> Everybody is, man. This whole terminal is going nuts right now with delayed flights cuz of weather. I got it. >> I got on the flight. I thought I had a message from someone. Okay. >> I was wrong. >> Okay. >> If found, you'll be contact contacted immediately. >> Oh, I got you. You got the alert that says they're looking into it and if it's found Okay. So, as I got that happens, >> but I thought I was good. >> Okay. >> And that was just that was me thinking I was good. And then I have another one in here. >> Okay. So, I'm talking about some agave plants. >> Agave? There's no agave in there. They're just looking like you're looking it. You're They're looking for you. >> Okay. >> Yeah, they're looking for me. >> Okay. >> But why? Why? I was asked to get off the flight. >> Okay. >> I got off the flight. >> That's sick. >> Immediately. >> How much have you had to drink tonight? >> Me? >> Yeah. >> Since when? since you got here at the airport. How's that? >> Since I got here at the airport. >> Yep. >> Be honest with you. I talked to you about what? >> 102. >> 102 drinks. >> 10 12 drinks. >> Okay. And how long have you been here at the airport? >> Since uh we got here, our estimated time of arrival was 2 3:00 in the afternoon. >> Okay. And you got here at what time? About 3:00. >> 2 3:00 in the afternoon. >> So from 3:00 to 11:00, he had about 10 drinks. >> He has just put a number on his drinking and no one has read him any rights. Under Burkimer versus McCarti, Miranda warnings are required only when a person is questioned in custody. A brief roadside stop was not custody in that case, and courts treat similar short public detentions the same way. So the question becomes how long this conversation stays short. Okay. Have you had anything to eat besides >> I've had a couple things to uh eat? >> Okay. >> Uh I've been at the uh lounges. >> Okay. >> And that's why I came to >> That's why you came to talk to me >> because I couldn't find >> on your laptop. Okay. >> Yeah. >> Okay. We're just trying to figure out with them what's going on. Okay. One of the reasons they said that they asked you to get off the plane because they feel like you're intoxicated. >> Okay. And hold on. Hold on. >> That's fine. I I I could I could see some impairment in you. Okay. If you were driving right now, we'd have some issues, but you're not, so that's not even an issue. Okay. So, you obviously have some alcohol. The issue they have on the airplane is once the airplane reaches altitude, the effects of alcohol can intensify. >> So, if they have somebody that they think is a little intoxicated, they will deny them flying. >> I'm going to let you know I'm a commercial diver. >> Okay? >> I do underwater construction. That's what I do. >> Okay? >> I understand their thing. >> They want they asked me to leave. I have left. That's what that that's what's blowing my mind is they asked me to leave and as far as I know I left. >> Okay. No. And and and that's fine. They're they're they're they're 100% on board with that. They called you off the plane because they feel like you're intoxicated. You got off the plane. That's fine. While you were on the plane, did you have any interaction with any other passengers? Any confrontation with anybody? Did you yell at anybody? Did anybody yell at you? Did you bump into anybody accidentally where they would have thought maybe you did something intentionally? >> Okay. >> If it was intentional, it was my fault. >> Okay. Was it intentional? >> Was there an incident? >> Was there I don't know. That's what I'm asking. >> I'm That's why I'm asking you. Was there an incident? >> They're telling me there possibly was. And that's what we're trying to figure out if there was or not. >> So, I'm just going to ask you manto man. Was there an incident? >> Was there cuz I've been super cool. Not that you know of. Not that you remember. >> I know. Okay. >> If there was an incident, I would have left. And that's why I'm sitting out here is because >> honestly if it really if there was wasn't an incident I probably would have been sitting on that plane arguing it. >> Okay. >> But I don't think there was an incident. I don't know of an incident happening. >> Okay. You don't remember pushing anybody or punching anybody? >> Absolutely not. >> Okay. >> No. >> Okay. >> If if if there was a miss, >> you'd probably have me on the ground. I'm sorry. [laughter] >> Okay. I don't want to do that. I don't want to do that. I'm I'm I'm too old, too tired, and I just ate. I'm too full to be fighting with anybody. >> So, I don't want to do that. >> Yeah. >> But also, I know I've been offered being bumped from the flight multiple times. >> Okay. So, >> that doesn't >> matter. Gotcha. >> But >> Okay. Well, here here's the bottom line. Unfortunately, we don't work for the airline. >> Yeah. >> Okay. So, whatever they decide to do, that's on them. Whether they decide to rebook you, fly. >> Hold up. Let me let you know. >> Okay. >> Let the flight leave. >> I sit here. >> I believe the flight is gonna leave without you. >> Yeah. Okay. >> Let them leave. I don't give a >> Okay. Whether they're going to rebook you for tomorrow or not for a later flight, that's entirely on them. We have nothing to do with that. Okay. We just We're just We're just here to make everything fine. Okay. But I'm going to let you know right now if they do not rebook you, you cannot stay on the secure side of the airport because you're no longer a ticket passenger. taking the public side. Okay. I'm also going to let you know that due to the fact you've been drinking, >> we're not comfortable just letting you go on the public side by yourself to your own accord because we want to make sure that you're safe. Okay. But is there anybody here that you could contact that could come pick you up that you work with? A friend could come pick you up that you work with a friend. >> Not close. >> Not what what's not close. Uh, Pawsum Kingdom. >> That's about what, two hours? >> Hour and a half. >> Hour and a half. >> Okay. The flight has not left yet because they're still talking to the flight attendant about the incident that may or may not have happened on the plane. >> What What's your name again, by the way? >> Alan. >> Do you have an ID on you at all? >> I do. >> Is it in your wallet that's on the floor? >> Uh, yeah. Right there. >> Can I grab it? >> Yeah. >> Can I grab Can I grab your ID out of it? >> Open. >> Okay. Thank you. Okay. The officer asks before he touches the wallet and the man by his own count many drinks in says yes. Under Schneckloth versus Bamante, consent to a search is valid when it is voluntary under all the circumstances. Officers need not announce a right to refuse and intoxication is generally one factor a court weighs, not an automatic bar. The officer's next words explain why he asked at all. >> Hey, it's your stuff, man. I'm going to ask before I just start going through your stuff. I'm not that guy. It's going to be >> the Colorado one. >> Yeah, the Colorado one because I've got the open yet. If I'm exposed to uh pressures, I could die. >> Okay. From the diving. >> From the diving. I'm not currently. I'll let you know. That doesn't matter. The current ID is a safe ID. I'm not going to die if I'm exposed to exceptional pressures. >> Instruction permit. What's this other? That's my uh that's my uh what's it called? >> Just sit there for me a second, Alex. >> Well, apparently an assault did occur. The passenger saying he does want to press charges for assault. He said to hit him in the face. >> Okay. >> Okay. And uh he got all the D's information. Plane, they're not leaving yet. He's going to go down there and take pictures. >> Okay. Do more than that. But >> that's outside of you. outside presence happen on the plane will contact the FBI. We'll write up the pass for the >> for the real >> a passenger now wants charges yet the officers are discussing a referral not an arrest. Texas Code of Criminal Procedure Article 14.01 allows a warrantless arrest for an offense committed in the officer's presence or view. No officer saw the reported punch so absent a specific exception that general rule does not reach it. That leaves the one thing the officers have watched for themselves. >> The wallet. She's like, "That's my name. They're calling for me. I left it." >> You left what? >> My wallet. I left my Wow. I spoke to you. I left my ID. I I left my ID. >> Okay, we have your ID. >> Yeah, >> we have your ID. >> They just called for my me >> over the intercom. >> Over the intercom. >> Where did they tell you to go? >> I I don't know. I just heard my name cuz that's what I I've been looking for for the last couple hours. >> Well, you've been looking for what? >> I talked to him earlier when we were on that other call. He came down lost and found misplaced his laptop. >> Okay. So, you think they found your laptop and they're calling you on the intercom? >> Y instructional permit for my motorcycle. >> Nice. What kind of bike? What kind of bike? >> Oh, you're going to hate me. >> No, I'm not going to hate you. You'd be Wait, you tell me what you have and then I'll tell you what I have. >> It's a Honda 1000. Honda CBR one liter. >> Okay. Why would I hate you, man? I got a Gold Wing. [laughter] >> See what I'm saying? >> Cheers, brother. Cheers. >> See what I'm saying? I I was on the Harley for a while. I got rid of that. I went to the sport cruiser. I got the 1300 ST Honda and then I just went up to the Gold Wing cuz I want to go cross country. >> Beautiful. I was offered it to me because it's a family bike. You see it? I've got It's either this side or this side. It's just the family. >> That's your family crust. Yep. >> Yeah. That's family crest. >> That's my cousin's My cousin got it custom painted. >> Oh, nice. And he was like, "You're the only one that's showed interest in it. If you want it, it's yours. >> You can't say no to that." >> And I've wanted to get it, but I've been out here for the last 3 months, 4 months, and I'm not I'm not I'm not going to play plea bargain obviously because tell me why. >> Okay. Okay. But You got fishing all the time. >> Okay. >> Yeah. >> So, what what happened on the flight while you were on the plane? Did you hit anybody >> on the point? Absolutely not. >> Accidental purpose? >> No. >> Okay. Absolutely. >> Why would somebody say that you What would give them the why would they say that you may have or not on the plane? On the plane was >> only reason I can think of is my homeboy with me and we can drop that conversation right now. That was my fault. >> Okay. So, somebody was with you on the plane and you had words with them. >> Be be honest with us, man. >> No, it would have been my coord. >> Okay. >> No, it it's all me. It's all me. If there are real words, if there's a serious situation. >> Okay. >> So, were you flying with somebody or you flying by yourself? >> I'm flying with my coworker. with your coworker. Okay. Did Did you >> have an altercation with your coworker? >> No. >> No. >> So, this is what I just got done talking to everybody, right? So, they're saying that >> Oh, so my question. Hold up. >> Let me speak for Is the flight still here? >> They're getting ready to push out. >> Let them leave. >> Leave. >> Let me Let me ask you a question. Right. So, there's a guy tying his shoe. >> They say that you just hit him unprovoked out of nowhere. >> Me? >> Yeah. You. and he's actually swelling up above his eye. So, we got witnesses that witness, right? People saw it. It's clear as day that that you did. So, I mean, just be honest about that. All right. Honest about it. Someone is swelling up. You can talk to all the people I'm with because I talked to you about it because I can't find my >> I can't find my back. >> You can't find your what? >> Lost his laptop earlier. I had lost my laptop because I fell asleep here. I woke up and I was like, "Oh, my flight's been delayed." I went to the American lounge. I I lost my back. If there's a violent intercation, >> it's not me. >> And my big thing is let them leave. I'll sit here with you. I will talk with you. >> Hold on, Alex. Remember remember what I told you earlier about not being able to fly? >> Yeah. >> Okay. They're not going to let you fly. >> That's fine. >> Okay. So, that being said, we can't stand a sterile side of the airport. Okay. >> Okay. >> He will not fly and cannot stay past security. And the officers have said he will not be left alone. Texas Penal Code section 4902 covers a person who is intoxicated in public to a degree that may endanger that person or another. The offense turns on that danger, not on the drinking itself. What the officer says next turns that concern into a decision. >> So, we have to go to the public side. >> Okay? >> Because you've been drinking a little bit. We >> obviously you know this, >> right? We can't let you go out on your own. >> It's fine. >> Okay. So, what's going to happen right now is you're going to be placed under arrest. Republican Hold on. Hold on. Listen to me. Listen to me. For public intoxication. All right. It is the equivalent of a speeding ticket. But what we're going to do is we're going to take you to our our jail. you know, being in a holding cell by yourself. When you sober up, they're going to let you out and then you can continue to travel. >> Okay. It's like it without without sounding disrespectful, it's like adult babysitting just to make sure that just to make sure that Yeah. >> Just to make sure you're okay before. >> Okay. So, I need you to stand up and just turn around for us. Yeah. Hey. Hey, I'll shake your hand, man. You're a good dude. You ain't giving us no problems. We appreciate that. We'll double cuff them. We're going to put two sets of cuffs on you so we're not >> so we're not hurting your arms here. >> Are you >> I'm sorry to say this. Are you going to just lock him? >> We're going to double lock them. >> Double lock them. >> We're going to double lock him so I don't tighten up. >> Are you going to let the flight leave? >> The flight's gone. >> It's leaving. >> All right, we'll do our thing. >> My big thing is I take a piss. >> Soon as we get to the As soon as we get to the jail, bud. >> All right. >> It's a short drive. It's a very short drive. Where's the >> Alex? I appreciate you being cooperative with us and not getting response, man. Okay. It is what it is. We're going to get through it. All right. >> We're not though. That's the thing. >> We're going to get We're going to get you sobered up. >> I think >> I know, man. I know. >> I don't You talk to me. You're honest with me. >> Hey, you know what? You've been cool with me. I feel bad for you about the conversation we had earlier. I noticed like to lose your laptop. >> So, we're we're gonna get through this. All right. >> So, we're we're gonna walk this way. >> Yep. >> I I would like to pee before we got to go. We got to go. >> Well, we we can't do that, unfortunately. >> You can hold it, man. It's not that far. Ladies and gentlemen, those of you who are waiting at service, as you can see, you're not Okay, we got to walk down this way here to get to our car. All right, >> that's fine. >> All right, man. I appreciate I appreciate you being cool, man. >> That's fine. >> I'm going to go ahead and put these back in there for you. >> Yes, I appreciate you being >> Can you give me some leeway because my wrists are big? >> I know. That's why we got two sets of cuffs on you. >> Okay, awesome. >> We'll be there. >> That's fine. That's fine. I will sit in here all day. >> All right, there you go. >> Just >> these things hurt. >> I know. I know. >> I know, dude. We're We're being as we're being as delicate as we can. We got two sets on you right now. >> It's going to be a quick little drive and we'll get it out of there. Sometimes if you sit in a little bit of an angle so you're not resting on your >> What do you want? >> I'm sorry. >> Instead of sitting back like this, if you could just turn a little bit to the side, it'll take some Yeah, there you go. Take some of the pressure off. >> The arrest is over. And what it leaves behind is a handful of practical lessons. When police ask a traveler how much he has had to drink, the honest number becomes the first line of the report. Nothing required him to answer, and declining politely is not a crime. The airline's decision would have stood either way, but the arrest would have rested on observation alone. Cooperation is shown by conduct, and it does not require a confession. When a gate agent asks a passenger to step off, that decision belongs to the airline and police cannot overrule it. Federal aviation rules bar a carrier from boarding anyone who appears intoxicated. Arguing the point with officers at the gate changes nothing because rebooking is settled at the airline counter. Leaving the aircraft quietly, as this man did, keeps a bad night from getting worse. When someone is too impaired to be left alone, officers often ask whether a friend can come. That question matters because a sober adult willing to take responsibility can be the difference between a ride home and a cell. Here, the nearest co-orker was an hour and a half away. A traveler who drinks at the airport should know in advance who could answer that call. When an officer calls an offense, the equivalent of a speeding ticket, the penalty may be small, but the arrest is real. The Constitution allows a custodial arrest even for a fine only offense committed in front of an officer. That means handcuffs, a ride to jail, and a booking, all for a charge that carries no jail sentence. Staying calm through that process, as happened here, is what kept it to two sets of cuffs and a short drive. When someone is hit by a stranger in a crowded cabin, the instinct is often to let it go and get home. This passenger first declined to press charges, then changed his mind before the aircraft left. A report made on the spot with names, seat numbers, and photographs is what lets investigators act later. Without that record, an assault no officer witnessed often goes nowhere. At the time of this analysis, the outcome of the public intoxication charge and of the reported assault is not known. Every person shown is presumed innocent unless proven guilty in court. Comments are open for any interaction or legal topic worth examining