I'm sorry, I'm not like you. I don't [ __ ] videotape everything [ __ ] people do. >> I just need to open your bag. >> All right, then go ahead. >> What's the code? >> I don't know. >> How do you not know the lock code to your bag? >> The crew of a Spirit Airlines flight has decided this passenger is not flying. She is still in her seat at gate G11. Deputies arrive to carry out a decision that was never theirs to make. The next 14 minutes decide whether a missed flight becomes something worse. >> Ma'am, just get up. Let's go. Come on. Let's go and go. Grab your stuff. Let's go. Okay? >> They didn't want you on >> They don't want you on the plane. You're in heavy intoxication, you got to go. >> The reason just stated is intoxication, and that decision came from the cabin crew. Under Title 49 of the United States Code Section 44902, an airline may refuse to carry a passenger it judges unsafe. That judgment belongs to the carrier, so deputies on board are enforcing a safety call rather than making one. Whether she accepts it in the next minute shapes everything that follows. >> Move your [ __ ] Move your [ __ ] >> Can you grab my Can you help me? >> Where Where's your bag at? >> That's the subject's >> Where is Where is he going with it? I don't know where my [ __ ] bag is. It's up there and I Guess what? I have a lot of school with >> Ma'am. >> I have a >> Listen. >> I have a lot of >> Listen. Shut up. Shut up. >> Don't shut me up. You Oh. Wow. I'm getting rescued by the You guys see what is happening here? You guys see what is happening? This is happening. THIS IS WHY NO ONE COMES BACK. [ __ ] YOU. [ __ ] YOU. [ __ ] YOU. [ __ ] YOU. NO. NO. YOU GUYS STOP THIS. This No. Where's your bag? >> It's here. >> Right here? >> Yeah. >> And then last what did you say? >> It's right there. Right here. >> Right here? >> Yeah. Yeah. There's a bag in the bag as well. >> Is this one it? >> Yeah. That's the original. >> No. Is that one hers? >> Yeah. Yes, that one. There's a bag that's hers as well. I can't >> Then I'll get it. I get it. I I got my ID. Can I take that out for me? >> Yeah, this is hers. >> Thank you. And may I take them out? What did you say to me you dick? Ooh. God. >> I think >> I don't treat I don't deserve this. You guys I don't deserve this. [ __ ] you. I don't deserve this. >> Sit up. >> I won't sit I won't sit up. Stop, dude. Stop. Stop. Oh my god. Oh my god. Oh my god. Stop. Stop. STOP. STOP. STOP. STOP. OH MY GOD. OH MY GOD. WHAT THE [ __ ] is wrong with you people? YOU GUYS ARE [ __ ] [ __ ] [ __ ] YOU. STOP. STOP. IT HURTS. STOP. STOP. OH MY GOD. Oh my god. Why are you doing this? Why are you hurting me so much? Why are you hurting me so much? Why are you hurting me so much? WHY ARE YOU DOING THIS? >> THAT QUESTION has been asked three times, and the answer each time is a command to walk. Under Graham versus Connor, force is measured by what a reasonable officer would do at that moment, without hindsight. Three things drive it. The seriousness of the offense, any immediate threat, and whether she is resisting. None of those three settles itself in the stretch of footage ahead. >> It hurts me. What? What? What are you doing? Oh my god. You guys stop. Stop. Please stop. >> Just walk. >> Just stop. >> Just walk. >> Just stop. Stop. Oh my god. You guys are hurting me. It hurts. It hurts. >> Well, then walk. >> I can't. It hurts. >> Just walk. >> I can't. It hurts. It hurts. >> Just keep walking. >> I can't. I can't. >> Keep walking. >> I can't. I can't. I It Just keep walking. I literally can't. Can you please stop? Please stop. Please. Please. >> She's not going to listen to you when they can't hear you. >> I can't. >> Keep walking. It's not that hard. We're helping you. >> It hurts. I can't I can't I can't do anymore. I can't. I I I I can't. I can't. I'm not doing it. I can't. I can't do anymore. I >> The words just spoken are a refusal and nothing physical has been thrown at anyone. Florida statute section 843.02 makes it an offense to obstruct or oppose an officer lawfully doing his job without violence. No punches needed because refusing to move can obstruct a removal just as effectively as pulling away. How many separate refusals this encounter holds is something the paperwork will answer. >> Oh my god. >> Come on. Stand up and walk. >> I can't. >> Not that hard. >> I I I mean, I'm freezing. Why are you doing this to me? I I I I can't I'm going to [ __ ] fall on my face. I'm going to fall on my face. I can't. I can't. I can't. I I >> Stand up. >> I can't. >> Stand up. >> IMAGINE HOW THIS WOULD HAVE BEEN IF YOU WOULD HAVE JUST cooperated and just got up and left. >> Touch blue dots together to connect. >> What the Why are you [ __ ] grabbing me like this? >> Please secure unattended baggage. Unattended Unattended baggage will be removed and may be discarded. All passengers must be >> Keep walking. Stand up and walk. Okay, stand up and walk. Oh, you're just making it harder on yourself. Let's go. We're almost there. We're almost there. There's a little We're almost there, too. Just Just wait a little bit. I'm going to get Walk. Let's go. Stand up. We're almost there. Okay, then stand up on your own. HEY, STAND UP. >> I GOT IT. I GOT IT. >> DELTA 22, WE ARE outside door 424 by the CBP parking. Any guest? Here. >> Huh? >> Take a deep breath for me. I'm Sergeant Cleary. I'm the supervisor on this shift. Do you understand that these are law enforcement officers? It's a yes or no question. Do you understand these are law enforcement officers? >> He's hurting me. He's hurting me. >> He's trying to take your rings off cuz they have to come off one way or the other. Do you understand these are law enforcement officers? Okay. Were you asked to get off the plane by Were you asked to get off the plane by the flight crew? >> What? >> Were you asked to get off the plane by the flight crew? >> The question just repeated goes straight to an element of the offense she is cuffed for. Under Miranda versus Arizona, a person in custody must be warned of certain rights before being questioned about the offense. Nothing resembling that warning appears anywhere on this recording, which puts the answers at risk in court. What she says next is either an admission or nothing at all. >> Uh yeah, I think we should get a lawyer. >> Okay. When we asked you to get off the plane, the reason you're in this position is because instead of just doing what you were asked, you decided to fight us. Do you understand that, right? >> I I Yeah. >> Okay. Are you hurt? >> Am I what? >> Are you hurt? Are you broken, bleeding, anything like that? Do you have any injuries? >> Well, yeah, this >> I would like to know >> Yeah, no, [ __ ] off. You. You. What is he doing right now? >> He's not doing anything. >> Yeah, he is. He's [ __ ] hurting me down and like Yeah, what is he doing right now? >> You're not going to talk to my deputy that way because you didn't decide to make the right decision today. >> What is he doing to me right now? >> He's making sure that you are secure against the vehicle because you've shown that you cannot even stand. He's not hurting you at all, ma'am. As soon as we get a female here to pat you down, you're going to go in the back of that car and you'll be able to sit down, okay? >> Yeah, I feel it. I can't really lay down. >> I'm not going >> Ma'am, you have to stay just like that. Did you double lock? >> Huh? >> Did you double lock? >> Yeah. Cuz we're flying with her, so I don't know what to do. >> what I'm saying. We told that right now. You double locked it. Cuz when you sit when you sit down, your hands can be behind your back so they can put the cuffs on and get tighter on you. >> They were clearly tighter on me. >> No, we didn't put them any tighter on you. One of them was not tight enough because you were fighting. >> What? >> You were fighting with us. >> Do you not like that hurts? Like it hurts. >> Like what? >> No, the one that my arm where you [ __ ] [ __ ] rape and pull this. >> Well, how about this? If you were to just stop fighting >> No, that hurts. Hey baby, guess what? I I can feel you you're [ __ ] you're rape and pull this. You're [ __ ] hurt girls. I can see you. You're [ __ ] hurt girls. >> You requested a juvenile to come over here? >> I can feel it. You hurt girls. Good for you. You're a [ __ ] [ __ ] Good for you. No, good for you. You're really good at what you do. Everything hurts. Like literally everything. >> What's the what's the code on Hey, what's the code on this? What's the code on your bag? >> What? >> What's the code on your bag? >> I don't What? >> The code >> My I don't [ __ ] know. My bag is going to [ __ ] >> What's the code on your bag? >> What? You're [ __ ] looking at me? I don't know, dude. My bag is going to I'm sorry. I'm not like you. I don't [ __ ] video tape everything [ __ ] people do. >> I just need to open your bag. >> All right, then go ahead. >> What's the code? >> I don't know. >> How do you not know the lock code to your bag? >> Why do you have my [ __ ] bag? >> Because you're under arrest. So, I'll have your bag. I need to see what's in the bag. >> A lock code has just been asked for twice and the bag is already in the deputy's hands. Under Illinois versus Lafayette, personal belongings carried by an arrestee may be searched and inventoried without a warrant. The combination was never the obstacle, so the bag opens whether she remembers the numbers or not. Where that bag was headed turns out to matter more than what is inside it. >> I'm sorry, what did you say? Yes. >> Um it's probably Can I move a little bit here? I can see They only let me move here. >> Yeah. >> Can I get out of this stuff, please? >> What? I told you. Once you get on the plane >> Why are you so angry at me? >> I'm not angry at you. I've explained this to you. So, if you want to listen, I'm happy to explain it to you again. >> No, I'm just Where else am I allowed to be? Excuse me. >> I'm sorry. He wants to make sure that you have all of your property. We're not trying to be mean and rude to you. We're asking questions that we need to know the information. >> So, why is this happening right now? >> Because you refused to get off the flight. We asked you to get off the flight. You know, and you fought us on it. This is the consequences of your actions. That's all it is. >> Uh it was the WestJet flight. >> Uh no, the Spirit Airlines, I think it was. It wasn't WestJet, it was Spirit Airlines. But yes, that flight. >> The personal I I want to go I don't I'm not supposed to be here. >> You put yourself in this position. >> I know, but I'm not supposed >> So >> I know. I know, but I'm not supposed to be here. >> No, you shouldn't have fought us. >> 100%. I can agree with you. But you did, and this is the consequences of your actions. >> Can I go back to where I was supposed to be? >> No. >> So, why >> You're >> What? >> Yes. Why do you think you're going >> For what? >> She has rings, that's kind of hard to get off. >> Hold on, what? I'm going to jail for what? >> Resisting. >> Perfect identification and everything. >> Intoxication and resisting. >> She has a ring. >> Problem with that? And resisting. >> She has a >> Oh, she has >> can get them off. >> Yes, you did. On the plane. Do you have anything on you? You're just going to poke me or anything? Did you hear what I said? Anything on you? >> But I'm asking her. >> Yes, you did. >> When? >> As soon as you put the handcuffs on me >> Do you have anything on you? >> It actually hurts a lot. I'm not going to lie. >> Okay. >> Hey. You. >> In the car. I have an open seat in the car. >> Oh. >> Huh? Give me your feet. Give me your feet. This way. >> What? >> Put your feet out this way. I got to put shackles on you. Oh. >> I don't know what you're doing. I don't know what you're doing. Why are you doing this to me? >> You did this to yourself. Get back in the car. >> Why are you doing this to me? >> Get back in the car. Come on. >> Why are you doing this to me? >> I got it. I got it. I got it. I GOT IT. I GOT IT. >> Why are you doing this to me? Why are you doing this to me? What the [ __ ] is going What did I do to you? Why are you doing this to me? I'm just going to be Ow. Ow. What? >> I got to go. >> What? What? What's happening? What's happening? >> Two criminal counts came out of this gate and neither existed when the boarding call ended. When a departure is being held for one passenger, every extra minute adds witnesses, paperwork, and people with a reason to complain. The crew logs it, the gate logs it, and a report later described a disturbance and a delayed aircraft. A refusal that feels private at seat level is already a documented event by the time officers reach the row. When a person genuinely cannot stand, the sentence that changes the outcome is not a repeated declaration of inability. It is a specific request, a wheelchair, a medic, a named injury, a reason stated once in plain words. This recording contains dozens of refusals and not one request, which left deputies guessing and guessing badly. When an arrest turns into shouting, the profanity almost never produces a charge, and none followed any of it here. A serious accusation against an officer is different only in cost, because it becomes evidence about the person who made it. Every complaint of pain made that night now has to survive the same credibility test as the accusation. When an arrest happens at the gate, the luggage already loaded below the cabin keeps going to its destination. This passenger spent the end of the encounter explaining that her bag was on its way to another country. Medication, identification, and a phone belong on the body, not in a bag that can leave without its owner. When an officer names an offense in a parking lot, that name is a shorthand and not a charging document. The phrase used on this recording was public intoxication, which is not the way the Florida offense is actually written. The booking sheet is the document that matters, and comparing the two shows quickly what a case really rests on. 14 minutes of recording separate a boarding gate from a holding cell, and most of that time went to one argument. The argument was never about whether the flight would leave, because that had been settled before the first deputy arrived. What remained was only how far a refusal to stand would be allowed to travel.