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You stop that or you're going to get sprayed, brother. >> Or what? Spray me. >> Yeah, >> do it. >> You You punch and break some damn. >> Do it. >> Damage the property. >> Spray me. Spray me. Do it. >> Come on, wise ass. Do it. >> I'm not being wise. I'm just getting >> Do it. Don't talk. Do it. A man dares officers to pepper- spray him, then challenges them to a fight. Moments later, he asks those same officers to be gentle with his injuries. Inside a crowded Tampa airport terminal, the line between drunk and disorderly was about to be tested. One statute would decide it. >> Go. >> I'm leaving. >> All right. Well, where are you going? >> I'm leaving. I'm exiting. >> You're leaving the airport? >> No. >> All right, let's go. >> Why did you tell me let's go? I'm leaving. You follow. >> All right. >> You better shut your mouth. >> What? >> Cuz you're being loud. >> For what? >> I'm sorry. Have a good day. >> You've been trespassed. >> If you come back, >> if you come back, you're going to jail. >> If you come back, you're going to jail. >> All right. He's walking away. He said he was going to get a ride and get out of here, but we verbally trespass. >> You can't go that way. Nobody's going to pick you up that way. >> You can't go that way. >> It's a [ __ ] area, bro. >> All right. Well, you you got to leave the property. [ __ ] castle. >> Listen, I don't know what you're going through or anything. >> They cancel my flight. >> So, >> I don't know. I got police [ __ ] phoning everywhere, >> bro. What's going on? >> They ain't touching me. I don't need no Hold up. I don't need no I don't need no sister officer. Leave me alone. This is stupid. >> That's cool. I'm by myself. I'm on the phone, bro. >> That's cool. Leave me alone. I'm cool. I don't need no scene, bro. Leave me alone. I'm good. I'm waiting for my ride. Thank you. Have a good day. >> You can't wait for me around here. >> Yes, I can. >> I can't. There's no instant. >> You can't. This is not This is not what R comes. You better walk. >> I'm smoking. It says >> you're We're not giving you that. We're not giving you that opportunity to matter what you can give me, man. >> You're going You're leaving. You're leaving. You're leaving or you're going to jail. >> How do you tell me I'm going to leave? I'm going to jail. >> You have two opportun You have two choices. Leave now or go to jail. >> Where I'm GOING TO GO? WHAT? TELL ME WHERE TO WALK AT. Tell me where to walk at. One more chance. One more chance. Step back. You get caught right now. I want that cigarette out right now. I don't care. I don't care. Put it out. Put it out. >> Don't touch me. Don't even throw it. >> I'm not throwing nothing. I'm putting it out like you said, bro. >> Put it out. >> So, where you want me to go? >> Put it out. And >> where you want me to walk? >> You said you going for your ride, right? >> I'm going for my ride. >> Go get your ride. Get your ride, bro. >> Get your ride right now. If not, you about to get >> I don't need I don't need Keep walking. Whatever. I'm not talking. Do what you got to do. Touch me. Don't touch me. Don't touch me. >> You don't need to leave, bro. I'm walking, bro. >> All right, let's go. >> Don't touch me. >> Get your Let's go. >> Get your body touching. Let's go. >> But leave. >> Let's go. Strike. What? >> Not even walking. Keep walking. this way in the first place. Go this way. We're going to go around this carrier window. >> Exactly why you got trespassed. >> You don't know who I am. It don't matter. >> It does matter. You come back, you're going to jail. >> Do what you got to do. >> Take a right. Call your Call your Ryan for Blue Express. >> I ain't got to talk [ __ ] >> Yes, you do. >> Ride over here right now. Tell them where you at. >> CALL them cops. Call me to walk. >> Call them right now. Stop and call them. >> Stop right now and call. >> No, I don't got you. I'm walking, bro. >> All right. >> You said stop. I stop. I stop. I stop. I ain't do, man. I'm not doing >> WHAT I DO. I KEPT WALKING WHEN Y'ALL TOLD ME THE TRUTH. >> I'm chilling. I'm chilling, bro. >> What I do wrong? >> You just want to be a loudmouth instead of JUST >> I WAS WALKING, BRO. >> NO, you weren't. You're just walking away instead of getting things done. >> I was telling I'm walk exactly what y'all wanted me to do. What I do? >> What I do? >> Have a seat. >> Can I call my ride? >> NO. >> CUZ Y'ALL DIDN'T GIVE ME A CHANCE TO CALL A RIDE. >> Nobody can't record it. >> Yes, it is. We've given you so many opportunities. >> Y'all told ME TO WALK EXACTLY WHAT Y'ALL WANT ME TO WALK TO. WHAT DO YOU WANT ME TO DO? >> I wanted you to stop and call your ride. >> I did. I was on the phone with him. >> Why you took my phone? I ain't do [ __ ] >> I ain't do nothing. >> Turn chances of what? I was leaving. >> You know what? You're yelling at people. Yeah, it's in my pocket. You're yelling at everybody else. Look, direct me to the point where I can be picked up without being harassed. Bro, I ain't doing nothing. >> You should You should have figured that out. >> I did. They ain't giving me a chance, bro. >> You went from the from the third level to the second level yelling. >> I don't know, bro. I don't know. >> Look at all these people. They all know what to do. You're the only one that does. >> But yelling does not make sit. >> I don't want to get slammed. Can I please sit down? >> Sit down, buddies. Nobody's just cuz you're the loudest doesn't make you the right one. >> It's all right, man. I just lost some of man. I'm just ups man. I'm up, bro. I'm up. I'm up. I just want to go home and take care and take care of my >> Going home right now, buddy. But you got to figure it out when you get over. >> Yo, what? >> You're under arrest. >> For what? for disorder. >> I didn't do nothing >> yelling the way you are. Come on. >> We're going to go We're going to go over this step by step. >> We tried We tried talking to you. What did you do? >> I was walking. I was complying with y'all. >> No, you were not comp. >> So you tell me walking away from us and we said, "Okay, we gave you the benefit of the doubt. You said you're going to get a ride. You w you didn't give me a chance to call a ride, bro." >> No, no, no, no. You kept walking. You kept walking away from us. All right. We walking away. And then what happened after that? Where'd you walk? I walked directly with y said make a right. I made a right. You said make a left. I made a left. >> And I did. I was on my head. >> The entire time we told you both of us practice [ __ ] practice. That's what you said. Right. Words out of your mouth. >> We weren't being disrespected. You were. The whole time. All we wanted to do was find out what was going on. You told him get the away from me. have. Please make a phone call in the sink. Remember that that's not that. >> Yeah. You get down there in booking and you can make all the calls you want. But they get Listen, you we saw you on camera. You went from the third floor to the second floor to this. That's not something that somebody's find out. Y'all mess. You know, I don't want my granny to die. He's trespassing. I go, man. I got to ride right around the corner. Hey, how how y'all going to tell me to leave? How the hell y'all tell me to leave and y'all ain't giving y'all directing me where to go and y'all and I ain't leaving. >> I told you to stop multiple times and call a ride. So that it's >> I did I was on the phone with him one hand. >> Come on, man. I was I was mad. I was complying, bro. I was confronting with y'all. >> Yeah, I'm trying to take one car off. >> I was confronting with y'all, man. >> This is the phone. >> Yes, sir. It is my phone. >> Yeah, he was getting out. >> I'm not resisting. Is your body camera recording, son? >> Everybody Everybody's body camera is recording. >> I'm not resisting. I can climb with y'all. >> I get it, man. We all going through [ __ ] man. I just went through some [ __ ] just now. >> Where's my Hey, what about my backpack? >> Grab it. I got if you lick my knee, I'll show you proof. I got a [ __ ] up knee and I got a bad back and I got a bad shoulder bag. Just just sit me down. Easy. Don't Don't >> You can sit down yourself. >> I'm going to try my best to get these in your bag for you and we're going to see if we can get the bag going with you to jail. That way you have everything in one place. >> Yeah. Shortly in Fox trespass every morning. Okay. >> I just got to snap a picture of them for you. Look my way, man. >> Really, man? Don't make this harder. Come on. >> Y'all make jail, man. For what? I ain't doing nothing. I literally ain't do nothing. >> Look my way. You're making this so much harder, dude. The faster we get you out of here, the faster we can get this done. >> Hey, boss. I got your bag and your phone. Um, it's just going down the back with you. So, Which day you taking me? Fuckerberg or Orient? >> Orient. >> What's my charge? >> You can see it on your uh CRA when you get it. >> Well, what are y'all charging me with? >> I'm not charging. >> Do you think I'm the arresting officer? >> What y'all taking me for? Very >> disorderly conduct or trespassing after warning? It's one of the two or maybe both. >> How can y'all say trespassing after warning when I was walking away? >> Was I there on scene, buddy? I don't know, but I ain't doing nothing wrong. >> Okay. Well, you can look at your PC after, David, then tell me later, >> man. [ __ ] you, man. How the hell I'm supposed to How the [ __ ] I'm supposed to know when I ain't do nothing when I was walking walking away off the property? >> Drunk and causing a disturbance. >> I was said drunk. How the hell y'all know I'm drunk? >> You can smell yourself. >> It don't matter what I smell like. It could be my cologne. Do you know what I mean? I'm drunk. >> Yeah, you're pretty drunk, >> man. Dude, you drunk. You seem like you drunk as hell. >> Okay, >> dude. Y'all arrested me for no reason when I was leaving. Allegedly, if a person is drunk, what is the charge? >> Probably falling as >> I ain't dising nobody, man. I just want to leave. I was literally walking off going turn by turn where y'all telling me to go at, man. How the hell y'all lock me up when y'all tell me to turn by turn, man? How the hell that's turn? How the hell that's warning? Come on, man. Man, I ain't warning when I'm telling when y'all telling me to turn by turn, man. >> Y'all know that's some bull. >> You stop that or you going to get sprayed, brother. >> Oh, what? Spray me. >> Yeah, >> do it. >> You You punch and break some damn. >> Do it. >> Damage the property. >> Spray me. Spray me. Do it. Come on, wise ass. Do it. >> I'm not being wise. I'm just going to talk. >> Do it. Don't talk. Do it. Come on. Bow me a kiss, sweetheart. Fairy, come on. Spray it. Spray it. I'm disappointing you, man. You said you was going to spray me, but you didn't. What's the matter? Mom ain't Mom ain't teach you no discipline and show you discipline other people. Mommy ain't teach you right. Mom ain't teach you right, man. Huh? Mommy ain't teach you right. Come on, man. Spray it. Do what you got to do. Come on. Come on, white cub. Do what you got to do. Spray it. A double dog day. Which one of y'all's a good fighter? Huh? Hey, which one of y'all Which one of yall's a good fighter? Which one of y'all Which one of y'all can fight? Huh? I don't Hey, the way I'm feeling right now, I don't mind a 101, man. Which one's going to be it? Guys, wives ain't making love to you. Got problems with your sergeant, lieutenant, somebody. Come on, man. Take it out on me. Huh? I'll fight back. I promise. Oh, why so serious, man? You took your glasses off, man. >> What? >> You a fighter, too? You like to fight? >> Are you threatening me? >> I ain't threatening you. I just ask you a question. >> At the jail. >> I was asking you, do you like to fight? >> No, I'm asking you. Are you going to cause issues at the jail? >> What? >> Huh? >> What' you say? >> You clearly been to this jail before. So, you're going to cause issues >> or what? >> No, I'm asking you. >> I mean, it depend on you. What you going to do? >> Okay. Well, they can deal with you, friend. >> What's the deal? >> You've been more than difficult this whole time. So, >> difficult what? I comply with you with your everying demands. >> Come on. Ain't my what? You on youring period or something, man? >> You got that? >> Yeah. What? Mommy raised you that way? Should be a punk, >> huh? Yeah, I see you. I mean, you think you're on tough. >> Nah, I ain't on tough. I I'll tell you what. How about you take this cuff? I'll tell you what. Take your badge and your gun off. Take these cuffs off. Let's see how it is. You find out how really tough I am. Matter of fact, I'll take both of you on at the same time. >> No threat. >> Good for you. >> Ain't no good for me. >> You must feel like a tough guy. >> I'm a tough guy, right? Come on. Tell me. Show me that I'm Show me. Show me that I'm Come on, man. Come on. Are you scared? You You scared of a mother like me? >> I don't know. >> But you were the one crying. >> I'm crying. For what? For you. >> Come on. Crying for what? Get the out. Come on, man. Get the [ __ ] out of here. So, I know cops. They They actually took their badge of gun off. California. Those some real toughing cops there. They actually fought me oneonone. No charges, no nothing. >> Come on. What you got, man? You going to give me that? You going to give me that straight up fame? Huh? You want to take the You going to take a gun and badge off? You want to take these C off me? You get my square out. [ __ ] >> your incident. >> Hey, I shine your head for a nickel kill ball. [laughter] >> All right, man. >> Look, man. I got a gun I got a wall. I'm going give you a heads up. I got a cuff shoulder and I got a gunshot wound to my left knee. >> So, be easy with me. All right. Yeah, man. >> It's close to the tight right here on my on my right wrist. >> Easy. Easy easy. >> Easy, easy, easy, easy, >> easy with me. Easy. I'm going with you. This going to be one of these [ __ ] >> You're not starting off the right way with that. >> Public drunkenness by itself is not a crime in Florida. Under Florida Statute Section 856.11, disorderly intoxication requires two things, not one. A person must be intoxicated and must also endanger someone's safety or cause a public disturbance in a public place. That second element is why the man's repeated defense mattered. He kept insisting he was only walking away, only trying to leave, only waiting for a ride. If that were the whole story, mere intoxication would not be enough to arrest him. But the statute was satisfied the moment his conduct became a genuine disturbance in a crowded terminal. His words alone were a different matter. Under City of Houston versus Hill, the First Amendment protects the freedom to curse at and challenge the police. The Supreme Court called that freedom a principal characteristic separating a free nation from a police state. So the profanity he hurled at officers was not by itself a crime. Florida draws the same line. in its disorderly conduct statute section 877.3 in state versus saers. The Florida Supreme Court narrowed that law to fighting words and immediate breaches of the peace. Pure profanity does not qualify. The officers also carried a second tool. Under Florida Statute Section 810.9, a verbal trespass warning by an officer creates legal notice. Once they trespassed him, returning to the property could itself become a crime. And when force finally became necessary, a different standard applied. Under Graham versus Connor, any use of force is judged by what a reasonable officer would do on the scene. That is why the officer's refusal to spray a handcuffed taunting man was not weakness, but sound judgment. When an officer says the words, "You have been trespassed," the encounter has already crossed a legal line. A verbal warning under section 810.09 creates formal notice, and it does not evaporate because a person announces he is leaving. Claiming to leave while arguing, circling back, and wandering toward a smoking area is not the same as leaving. The protective move is simple. walk directly off the property, take the route officers give and save complaints for later. When frustration turns into cursing at the police, the words alone are almost always protected speech. City of Houston versus Hill makes the raw insult a constitutional right, not a criminal act. Intoxication is what changes the math because a drunken tirade that becomes a public scene can satisfy disorderly intoxication. The same words spoken sober and quietly might carry no criminal weight at all. When a handcuffed man dares officers to pepper spray him and challenges them to fight, he is documenting his own disturbance. In a crowded terminal, every taunt is another witness. Another second of scene, another element of the charge. Officers who decline that invitation are not backing down. They are refusing to hand him a use of force defense. The person in cuffs gains nothing from the performance and loses the one argument that might have helped him. When someone insists he was complying while the video shows him refusing direction, the recording is what a court believes. Body cameras were active and acknowledged out loud on this scene, preserving every contradiction in real time. Telling officers you are cooperating means nothing if your feet and your voice are doing something else. Real compliance looks like matching conduct, not a running commentary about how compliant you are. When a person shares real grief, like the loss of a family member, officers can show compassion and still arrest. Sympathy may shape tone, but it does not remove the elements of a public order offense once the conduct is complete. Grief explains behavior. It does not license a public disturbance, and it will not undo a valid charge. In the end, the contradiction told the whole story. A man who called officers out for a fight had to be lifted from the patrol car with care. The injuries he ignored while taunting them were the reason officers slowed down. One count of disorderly intoxication.
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