You You understand? I know the law, too, right? >> Okay. Sure. >> Yeah. >> Everybody says that. >> Stand there and while I walk outside. >> Okay. Uh you know, you're not going anywhere. You're detained right now. >> For what? >> I just told you I'm I'm conducting an investigation right now. >> What am I detained for? What is the crime that I'm detained for? >> I'm trying to figure that out. An airline had already looked him over, decided he was fit to fly, and let him board. 20 minutes later, he was in handcuffs for being drunk in public. Between those two facts sits an officer who could not name the crime he was investigating. >> You know what I mean? And I'm here with my kids, bro. Like I'm not trying to So I understand, >> right? So obviously I get up pissed off, right? So now I'm pissed off, >> okay? >> You know what I mean? >> Cuz like I don't have a ride home. I understand. >> You know what I mean? Like I'm >> So this is all I'm trying to figure this is all I'm trying to figure out. Okay. So I'm just pissed. >> I have nothing to do with the airlines. The airline called the complaint that I got was a call came out. I'm sitting right here at my checkpoint >> and I got a call say, "Hey, there's a gentleman that kicked off the flight, had two kids, right? I don't know. I never met you." >> Yeah. >> According to them, >> you're belligerent. You're intoxicated. Right. Now that I see you, you obviously know where you're at. You're >> just being loud. Draw a little attention to yourself. That's on you. Okay. >> Yeah, dude. >> I I'm waiting for the person who called. >> I think he's on the So, if they're if they're gone already, then they're gone. Then you could be on your way. I I just wanted to know what it is they wanted because they called me. >> So that's what happened. >> They said they were you were making verbal threats. Okay. But if I don't have no I made no verbal threat threat. That's all I'm trying to find out. >> Zero, bro. Zero. I was just like I was pissed off at my All I said was to the little lady cuz Okay. Okay. And this is a personal opinion. This is not a verbal threat in my opinion. She's a lady with glasses. I go, "Oh, are you the DEI standin here like giving me [ __ ] to get off the plane? give me a break. I I got a little political. I said the DEI [ __ ] That was it. You know what I mean? But I didn't I didn't get I didn't say nothing threatening or anything like that, you know? >> So, >> yeah, but I if all they want >> Yeah. I'm going to ask how we >> Hang on. Give us one second. >> Yeah. Just hang tight. >> Yeah. You just find out if they want to if they Tony if they want to press charges for whatever they want to press charges. I don't I mean I don't have anything right now. >> Yeah. What y'all want to do with that guy, man? >> Hey, well, listen. So, I'm not I'm not the one that kicked him off the aircraft. Um I'm just the one that called it in because the altercation was more in front of here. The ops agent that actually had the altercation with him is on the jet bridge right now. So, let's let's let him come up and then >> the opse. >> Yeah. >> No, not opse, but our operation >> operation. Okay. Um, but he apparently was pulled off the aircraft for intoxication. >> Okay. So, >> I kind of get a gist of he was being unruly. >> So, bottom line was um >> he he went down on the aircraft. Um, he was walking fine and you can tell he had a couple drinks, but he wasn't too out of hand. Um, you can understand what he was saying. So, we let him board. Anyways, he got on the aircraft. Now, whatever he did on the aircraft, I did not see. All I was told is he needs to come off and he had two young girls with him. So we asked him to come off. Finally did. He walked about halfway up the jet bridge. He came back down. So he needed his bag. He started kind of running his mouth there in the jet bridge. Um nobody really paid attention there. And he kind of turned around and left. Um so he went up. I assume he went this way, I guess. I don't really know cuz that's where he came from. >> We came back to the top uh to finish boarding. >> But he didn't get violent with anybody, right? not not like swinging or anything. So then he came back and then he asked me why he was why he was removed from the from the aircraft. He said I would tell him I said I never said I'll tell you anything but however if you need to know you were removed cuz you been having some drinks you're intoxicated. Um that's when it all started. That was when excuse my language but you're a fat piece of [ __ ] that's going on. Nah, no, no, no, no. So, of course, I I walked over to here whether I should or not. I said, "You know what? Come here. Come here. I need you to come here. You know, I need you to sit down here. I want to call you guys." Well, he wouldn't do it. He kept rolling off. So, I kind of walked kind of not bumping a bump, but I was good space from him. Um, asked him to come over here, but he just kept saying, you know, just going off and off and off and off with the names and everything else. Turn around. you know, I'll knock your ass out, piece of [ __ ] and everything else. So, I don't remember all the words. I don't know if you even heard all the words. >> I mean, I just remember him saying he was going to drop kick you. >> Yeah. Drop kick me. Um, there was a few things said kind of a if you want to take that as a threat. Yeah, I guess it is. Um, and then so that's when I just Yeah. Yeah. And then these two were here. There was another guy here, but I just kind of turned over this way and he kept rolling that way then. >> Um, I don't know where the girls were. the girls weren't with him the second time he came back. I have no idea. And then I just kind of rolled back when I went back to my game. Okay. What I was doing >> to talk a fly tonight or probably later on tomorrow if he acts correct, but you want to press charges on those threats you made. >> I don't need to. I mean, he didn't, you know, it's just worse. >> Okay. >> So, you know, um >> truthfully, I was just hoping he would just >> calm down. Well, he's just the beginning. >> Yeah, he's still working over, >> is he? Okay, so he's still going crazy. >> Yeah. Yeah. Yeah. Okay. Okay. >> All right. Yeah. So, we're good. >> Okay. >> Thank you. Appreciate, man. >> I mean, zero reason. And I just missed my flight and both of their swim tournament and karate [ __ ] because of this stupid di piece of [ __ ] >> When they go, "Oh, I'm going to do my job." Yeah, you know exactly. >> Easy, man. Watch the language, man. No, I can watch I No, dude. Freedom of speech, homie. I can say what I want. And that is a absolute >> for the sake of your kids, man. Just relax. >> You know what? They've already heard worse. That That's a >> For the sake of your kids, that's all. >> That's a animal right there. >> You're just about setting a good example for your kids. That's all. >> And you know what? I You know what? You're setting example for my kids. The public school system. I mean, the [ __ ] that I hear out of their mouth. >> Okay. All right. We're We're done talking, man. Just hang tight. You I need you to hang tight, though. >> Yeah. Exactly. I will. All right. What do I do? Am I detained? >> You are detained, sir. Legal detained. >> For what? For what? For what? >> Cuz I'm investigating what happened. They file the >> What? You You're not You're not even talking to anybody. How are you investigating anything? You're literally walking around back and forth. You ain't talking to anybody. >> I have a radio, sir. >> Yeah. Okay. So, what's going on? >> Okay. Well, when I find out, I'll let you know. >> Yeah. Well, when my dad gets here, you're going to find out. >> Okay. Just relax. You You understand? I know the law, too, right? >> Okay. Sure. >> Yeah. Everybody says stand there and while I walk outside. >> Uh, you know, you're not going anywhere. You're detained right now. >> For what? >> I just told you I'm I'm conducting an investigation right now. >> What am I detained for? What is the crime that I'm detained for? >> I'm trying to figure that out. >> This Are you listening to this? >> I don't want you. >> No, you need to listen to this. This is very important for law reasons. >> Come over here. >> Stop. You need to listen to this. What am I detained for? Sir, >> relax, man. >> What am I detained for, sir? >> When I find out, I'll tell you. >> Exactly. So, so when you find out, so when you find out, you can meet me right there. >> Don't Don't make me embarrass you in front of your kids to put your hand cuz just relax, brother. Relax. Relax. Okay. Just calm down. >> All right. Now, you're going to make me make a phone call that's going to embarrass you. >> Okay. Sure. >> Okay. >> You are legally detained, by the way. Then prove it. >> I just told you I did. Relax. >> You have my ID. Do you even know? >> For the sake of your kids, why don't you relax? Why don't you relax? >> Why don't you relax? >> Hello. >> Hey, I got this. >> The kids are acting more mature than you, dude. Relax. >> Sitting here telling me that I'm detained and that if I go outside, I'm going to be under arrest. And then I asked him, "What am I being detained for? What crime do I commit?" and he says he's figuring it out. So, I'm going to go I'm going to go ahead and tell him to go himself and then I'm going to go outside. Okay. >> Oh, and now Oh, and now he's now he's doing the big boy move his handcuffs out and put his hands in his pocket. He's a big boy. He's a big boy. see why they kicked you off. >> So awesome and scared. Wowee. Wowee. You're such a big boy cop. Oh, look at you with your handcuffs already and stuff, >> right? Keep it up. I'll put >> I'm I'm waiting on I'm waiting on He's just being Now he's acting belligerent cuz I told him he's detained >> and now he's just acting like a fool in front of his kids. Okay. So, I'm going to wait. So, I'm going to wait and listen for your answer of why I'm detained. >> Cool. Appreciate it. Thank you, sir. >> Cool. So, let me know whenever you get whenever you get there. I'm definitely not on a time crunch or anything like that. Whenever you get your answer of why I'm detained right now, >> let me know. >> I'm glad you come around. Thank you, sir. >> Hey, got >> So, yeah. No, we don't have anything. He said he don't want to press any charges for you. He said, "I'll kick your ass. I'll drop your key." >> That kind of thing. So he needs to he needs to chill out. >> Right. Right. Right. >> You guys must be really bad or something. Huh? >> Sorry. >> Do you have a right here? Are they Are they here to pick you up early? >> Yeah, they're here. >> All right. You free to go back. Just need you to calm down. >> Yeah, I know. >> What was the charge that you were detaining me on >> at this point? No, they don't want to press charges now. >> What was the charge? >> Because you made a threat to them. >> To threat to the customer service person over there? >> No, I did not. >> Okay. Well, that's what they said. That's why you're being detained. You're intoxicated. That's the other reason why you're not >> because you see if you don't want to press charges so you're free to go. >> I don't give a if they want to press charges. Can I press charges? >> No. >> No. Oh, isn't that funny how that works? Isn't that funny? >> Free to go. >> Oh wow. >> Yeah. Well, I'm free to go right here. You guys are free to go. Get the out of my space. >> I got my kids here. >> Yeah, exactly. So, walk on and go anywhere. Perfect. And hang out there while we hang out here. >> If you if Can we not hang out here? >> Go find your ride, sir, because you're about to You're about to go to jail. >> Guess what? >> For what? For what? For what? >> Public intoxication. >> I'm not intoxicated. >> They're giving you We're giving you one chance now. Take off. >> I'm sitting here on my ride. >> Go this way. >> Where? Where would you like me to go? >> Where would you like me to go? Over here. You had a chance. You had a chance. Where would YOU STOP? >> You ran your mouth a little too much. Your mouth got you in trouble. Your mouth got you in trouble. That's what happened. That's what happened. That's what happened. Come on. Please go. >> What? >> Take your rules, bro. >> Can I Can you just take my girls home? >> No. YOU'RE RIGHT. >> LET'S GO. >> NO, you can't leave until you leave. >> He's going to stay with your kids. >> What? >> Who is your ride? Give us a phone number. >> I don't know. I have to give it out of my pocket, man. >> Where's your phone? Where's your phone? >> Right here on the left. try to give you a break and you're talking crap to us. >> But I'm not talking. >> No, I'm talking right now. Shut up. It's too late now. You can just shut up with your drunk cell. >> Come on, man. I don't care what's You're dude. I had a couple of beers. I'm not drunk. Give us the phone. Can I call your dad? >> What's the key? >> Give me the phone, man. >> I'm not going to give you the phone. >> No, then I'm not going to. Come on, man. >> Okay. Okay. What's >> all you got to do, man? Let me get out. >> All you have to do is >> caused you a lot of trouble. >> For what? We'll have him come get the girls. >> You told the thing. I told him what happened in custody. >> Bro, come on, man. Let me just go home and go get that with him, man. I'll get out of here, dude. >> Yeah. I give him his ID back, but he's logged in the car. >> Oh, okay. >> Their ride is going to go with all their baggage. >> Can I please tell you what happened? >> No, let's go. >> All right. Good. >> It's all right. It's okay. You're going to go with papa. You're going to go with papa. It's fine. >> Melvin off making threats, talking [ __ ] >> And I wasn't making threats, bro. I was just telling go yourself because I was trying to go outside, man. >> You didn't You listened to me. >> You didn't. All you wanted to do was argue with us. Now that we actually took action, now you're >> arguing. Listen to me. Arguing and saying words is not against the law. >> No, there's not. But when you're publicly intoxicated and you're free to publicly comply with our officers, >> that guy was insane. All you have to do is move on top of me and puked all over the plane and they kicked me off for that. >> That's not my fault. >> Should have just walked your girls out and gone home. I did walk my girls out and I'm waiting for my ride right there and then this guy shows up and wants to start problems and then you show up and wants I'm waiting for my ride, bro. What do you think I'm going to do? Like get back on another plane? >> You're in Canada. You refuse to comply with moving on. >> Moving on where? I can't go anywhere. I'm waiting for the ride. I don't give you plenty of opportunity to leave. >> I've never been here. I don't know where to exit. >> Where do you exit? I don't know. I've never been here in my life. But you just wanted to sit there and cuss us out. >> No, I wanted to go out of the airport. I'm waiting for my ride. >> Now that we actually did something now, you're upset. >> Come on, man. Dude, >> how it works? >> Please. My dad's right there. Please. My kids and everything. Please, sir. >> Hold on, man. >> When can I get out? >> Usually, you have to stay about 4 to 6 hours. >> 4 to 6 hours. Not 46. 4 to 6. >> 4 to 6. >> Okay. >> Get there and sober up and then you get come back here and bored. Just don't don't drink. Don't drink anymore. >> Bro, I'm What do you mean what are you talking about? What are you thinking? You give me beer in this place, >> dude. I'm not drinking. >> All right. Come on. >> Okay. So, this is what happened. And I'm sorry the girls had to even uh >> Well, this is not new to them. So, >> yeah. No apologies. So, I'm here on checkpoint right where TSA is. Uh, I mean, it's really quiet. It's only like two flights going out at this late at night. >> Dispatcher mentioned that Southwest Airlines, they were on a flight to go to San Francisco, got kicked off the flight, that he was being belligerent. >> Sacramento, >> Sacramento, uh, that he was intoxicated, been belligerent, was threatening the flight staff, so they kicked him off the flight. His story told me a little bit different story, but, >> you know, take it with a grain of salt. two sides of the story. >> Uh, but regardless, I have nothing to do with the airlines. I don't work for Southwest Airlines. Work here for the for the Austin Police Department. I just happen to work at the airport. Um, so they said they last seen him leaving walking towards gate 15, which is right where my checkpoint is. >> Mhm. >> Um, I said, "Well, you know what? Let me go check on him. See, okay." They didn't come to me and tell me, "Hey, we want him arrested or hey, they just wanted him off the flight." >> So, >> or he could have went straight to Southwest, rebooked the new flight. >> That's what I was trying to tell. So I said, "You're not helping yourself here." >> So he was sitting there by the Starbucks, which is closed, and I just happened to get a description like, "Oh, he's right here." I see two wearing orange backpack, two two little girls, and as soon as I walk up to him, he's just attacks verbally attacks. Like, hey, what about man? Like, what are you here for? I know what you're doing. You're I'm like, "Look, >> I just I just wanted to explain to her that like I'm conducting investigation. So, right now, you are legally detained until I find out what exactly happened on their end cuz I all I have is call text." >> Yeah. He said, >> "So he was talking to you." >> He was talking on the phone, >> right? And I was trying to talk with him. I'm like, "Hey, man. Look, >> you're right now you're just detained until I find out if they say, "Hey, you're good to go." >> But he didn't want to give me his ID. I'm like, "Look, right now you don't have to give me your ID until they say, "Hey, I want to press charges." At that point, I will need his ID. So, >> um, >> finally got him calmed down and the other officer came back said, "Hey, they don't want to press." They didn't want to press charges. It was more of a verbal, you know, throwing fbombs and saying, "I'm going to kick kick your butt." This >> and that. >> Yeah, >> we could hear it. >> And we said, "Hey, you could go." And he's like, "No, you could go." So then he got mildly with the other officer back and forth and he was in talks and he just escalated up >> and at that point it was out of my control. The other officer said, "Hey, you know what? You're under arrest for public intoxication." He he he just he he escalated from there and he >> Oh, yeah. I know. I've seen it. So at at that point and wait >> I would hand that over to you. >> Okay. >> Yeah. They won't take that at the jail. >> Whatever. Yeah. >> But uh he just became very uncooperative and >> Okay. >> Uh so now he's just it's a class C misdemeanor. It's like a ticket. >> He'll be in and out once he soers up. You'll see the magistrate. There's a magistrate there at the Travis County Jail 24 hours. So as soon as he soers up, see the magistrate, they'll release him on bond. I don't know what his >> is that going to be tonight or are they going to keep him all morning? >> Uh [ __ ] Yeah. 46 hours. >> I mean, it it'll be pretty it's pretty quick. When I say pretty quick, I mean like 40 46. >> We don't want to make other travel plans though until >> he's as soon as he calms down and even before 6 hours, if he's calm and cool and he has a ride, >> we're going to calm down for 20 years. >> We hated doing that kind of girl. I want to say that it's just we couldn't just let it keep on going. Plus, she had an altercation with the uh ticket agent. I'm sure my partner >> I heard it on the phone. Can't allow that to keep happening. And so I just didn't have a choice. >> I was yelling at him to calm down. I told him, "You're not helping yourself. Shut up." >> Really not. And uh it's just, you know, there comes a point where can't just let it go on and go on. >> All right. Well, I appreciate you officers taking care of it. >> I hope he calms down and better better tomorrow. >> Will he give me a call or will I have to? >> He will. He has his phone. He has his stuff. Um so he'll be able to call you once he gets situated. It won't take long. And again, it could be anywhere from 4 to 6 hours. It could be 2 hours. It just kind of depends. If if they have a uh um you know, if they talk to him and he's he's calm and cool, they may let him go in two hours. He just kind of got >> It's a little tough for him to deescalate. >> Yeah. Hopefully, you know, as it always happens, you know, once handcuffs come on and everything. I apologize. >> Well, he's been arrested so many times. He just fights it. >> I could Okay. I mean, that kind of makes a little more sense now. It's just >> it didn't need to go there, especially having kids. So, and we hated doing that. I have two girls. >> Yeah. >> So, >> no, I hate it. I love it. >> Um, yeah, they're quite upset. I hope able to >> consult her. >> Yeah, the little one's really upset. She wanted to see him before he, you know, >> he's gone. We'll see. >> Just a few hours. He'll be back home and hopefully he'll be in a better state of mind, I thought. >> Yeah, let's hope so. >> Okay. >> I appreciate I appreciate you guys. I had to meet this way. Thank you, sir. Appreciate it. The fourth amendment allows a brief detention on reasonable suspicion and Terry versus Ohio fixed the moment that suspicion has to exist. It has to be there when the seizure starts, not gathered afterward out of the detention itself. An officer who cannot state the offense has not necessarily lacked grounds, but articulation is the entire test. Texas Penal Code section 49.2 two makes it a class C misdemeanor to be intoxicated in public to a degree that may endanger the person or another. That last clause is an element which means intoxication alone is never enough to convict. Under Atwater versus City of Largo Vista, a full custodial arrest for an offense punishable only by a fine does not violate the Fourth Amendment. So taking a man to jail over a ticket level charge was lawful, however harsh the choice looks. Nees versus Bartlett then narrows what a lawsuit could do about it. A claim that an arrest punished protected speech generally fails whenever probable cause for the charge existed. City of Houston versus Hill protects a wide margin of profane and hostile criticism aimed at police. An officer may ask a man to watch his language, but that request is not an order whose breach is a crime. Countermanman versus Colorado drew the line where speech stops being protected. A true threat requires the speaker to be at least reckless about being understood as threatening. Texas Penal Code section 38.2 covers identification and it separates a detention from an arrest. A detained man commits no offense by staying silent about his name and one officer said so out loud. Those rules decide this case and they also suggest five habits worth carrying into an airport. When an officer inside a terminal says the words free to go, the detention has legally ended. Everything said after that moment builds a new record and the earlier complaint no longer shields any of it. A release is not an argument one, it is an exit. Standing in place to finish the conversation converts a resolved call into a second one. The record that matters after a release is the one the person makes themselves. Asking an officer what crime justifies a detention is the correct question and it works best asked once calmly and on camera. The answer becomes evidence whether it helps or hurts and a recorded admission of uncertainty is worth more later than any amount of shouting. Repetition adds nothing to that record. The question has already been answered badly and the recording has already kept it. Calling an officer names is protected speech and promising to knock a man out belongs to a different category entirely. The moment a sentence describes striking a person, it stops being an insult and becomes evidence of assault by threat. The line is not politeness, it is violence. It is also easy to cross by accident while trying to sound unafraid in front of an audience. Officers are trained to hear a described action, not a tone. A passenger removed from a flight for drinking carries no criminal exposure because being asked to leave an aircraft is not an offense. Exposure begins only when public conduct supplies the danger element that section 49.2 requires. What usually produces a public intoxication arrest is not the drinking itself. It is the behavior the drinking is used to excuse performed somewhere a police report can reach it. When children stand beside a parent during a police encounter, they sit inside the officer's risk assessment as well. An adult who escalates in front of them is not protecting anyone, and each additional minute makes restraints more likely rather than less. Officers on this recording arranged a handoff to a grandfather before the family left the terminal. The fastest route home for a child in an airport is a parent who stops talking. Two small girls watched their father trade a rebooked flight for a night in the Travis County Jail. The law gave him nearly every advantage inside that terminal, and the record he built there undid all of it. What the courts did with the charge afterward is not known.