It's not going to be a long trip around. >> No one ever makes a joke. >> Not not uh I wrote it on that sheet. She told me to write it somewhere. As far as I remember, he said uh uh I just want to say if the in my bag prematurely, I apologize to your family and it >> Hey, we're down by the uh G10 at the customer service area. >> I don't know. I haven't been able to find that person, but I have uh >> Mr. Binsky. >> And you mentioned my flight's in 20 minutes. >> Yeah. We'll get >> No, I understand. >> Okay. >> Okay. Bye. Could you go and check with uh the gate over there and see if they know? >> Can I just take everything out? >> They had It's just a little protocol. They're going to do another Even though we already >> Even though it's it's obviously clear. Hello. Hi. Did somebody call? >> Yes. Reference to a comment that was made in the concert. >> Right. Right. Who who complained? Was it a >> Yes. Yes. >> That's what I talked to. >> Let me just get your >> I was told he was previously dealt with and issued a refund. >> Oh, really? >> Mhm. >> Previously dealt with where? Here. >> That's what they claim. They're giving a refund. >> When? Today. >> Were you giving a refund for them? And no one talked to him today. >> Only me. >> Only you. >> The whole thing started a couple minutes before he approached me. Yeah. Some lady some approach. He just said uh you know he mentioned that what he said. I went over and I talked to ran in the bag. >> So now it's uh now it's now it's a big problem. >> Yes, it is now. So, we're going to issue a refund and hopefully not. >> So, you're not going to you're not going to be able to >> because of what I said or just because of what you said. >> Can't say that. >> Can't say that. >> Yeah, but if you check my bag, it's a joke. >> Do you have your information, your um your your ID or is um his boarding pass boarding pass and ID? >> Hello. What is this? I never call it spirit again. >> I don't know. I don't know what they're going to do with that. >> No one ever makes a joke. >> Not not with the B. >> Okay. So, he's um he just wanted me to speak to him again. So, >> yeah. I didn't want to I didn't go over and talk to you guys again. You guys didn't want him to know. >> So, verbatim, what what did he say again? >> Uh I wrote it on that sheet. She told me to write it somewhere. As far as I remember, he said, "Uh, uh, I just want to say if the in my bag prematurely, I apologize to your family and it thought I misheard it." And I'm the in my bag. Are >> you with that other girl or you alone? >> Yeah. No, we're traveling together. >> Yeah. >> Also, he told the lady with the dog who was sitting next >> and I don't know. I didn't got up and got to I know he suddenly sat down or he moved from a different city hitting the same s and then like he just turned around and said to the lady the dog wasn't barking. So he suddenly said something like that and then >> I thought I thought he was hitting on her but then I realized >> he was >> Oh really? >> He was because he told me he said he he was flirting with her. That's why he said that. I don't know if that's a good way to flirt, but >> Oh, he said it. He said he said it right. >> What's that? >> He said, "Okay." >> Oh, yeah. He didn't he didn't deny it. >> He told me he was flirting with her and he and he said that. So, like I said, that's not a good way to flirt in an airport. >> Do you know what flight? >> Do you know what flight >> he was on? >> No. No. Do you know who >> Do you know what flight the new the the two people who complained were on? >> They were on his flight. I >> Where are they? Where are they now? You know, >> they shouldn't have left cuz their flight is later. >> That's That's your name right here. Could you print out their boarding pass, too? Both of them. Their boarding passes. Cuz I need to get the I need to get the phone number. >> You can't make jokes like that. >> Give him a call. No, I'm back. It's a whole bunch of It's a whole bunch of bluster and then it's probably going to turn out to be a whole lot of nothing. He may maybe he'll get a fine. I don't know. >> Hello. >> Yes. >> So, that's your new flight. >> Yes. They're traveling tonight at 8. >> Did you pull these phone numbers from that, right? 75 >> is our case. >> We're going to take him back to the station. >> Okay. >> Was flirting with the lady next to him and he said something really stupid about he said something to the effects. >> I got >> What's that? Uh, I apologize to your family if your family goes off prematurely. >> So, this is a guy >> over there. >> Yeah. >> We have We have to go to the station. I I'm telling you I you know >> I mean I shouldn't make the joke and there should be a sanction but it's clear I was joking. So >> now I got to talk to the investigators and the whole bit. So why don't you put that back? >> But since we know I was joking what investigator >> well you got to tell them and it's a this this goes way beyond now they complain. So now it goes way beyond >> who they just somewhat know >> the the the people that um heard it initially. Well, what does their judgment bear on this me? >> Well, because I'll take that >> and they'll take this. And unfortunately, you have to stand over here. You have to do this. What if I did not say it? >> Well, you told me you said it though. >> I appreciate your candle. You know, >> there's a lesson there, right? >> But the fact of the matter is even if you you know more than one person that hurts, it's one of those things. I'm sure you never do this. >> Yeah. I'm really I'm not mad at any of you guys. You're not your job. Just [ __ ] stupid. >> It's a process. >> I know it's a process. >> I mean, they people in Russia to mental institutions cuz there's politics. That's a process, too. It's got a complete grounded in reality, you know, like as I was saying before, you know, prior to 911 >> TP investigative detention, Terry versus Ohio, 392, US1968. Officers may briefly detain an individual upon reasonable, articulable suspicion that criminal activity is a foot. A credible eyewitness report of a threat related statement at an active departure gate satisfies this threshold. The standard is objective, not subjective. What a reasonable officer would conclude given the totality of circumstances. TT State charge Florida statute section 790.163. A person who makes a false report with intent to deceive or mislead any person concerning the placing of any bomb or explosive commits a felony of the first degree punishable by up to 30 years in prison. The statute does not require the threat to be credible. It requires proof of intent to deceive or mislead. That single element men's rear is where this case ultimately turned. >> This is the world we live in now. >> I just, you know, you turn it up, it gets too loud, and you turn it down, it gets too low and I miss it. And, you know, >> 223 doctrine, Virginia versus black, 538 US 343 20003. The first amendment does not protect true threats defined as a serious expression of intent to commit unlawful violence. However, context is essential to the analysis tone setting relationship between speakers and what a reasonable listener would perceive all factor into the determination. Mental state requirement v United States 575 US 7232015. The Supreme Court held that negligence is insufficient for federal threat statutes. The defendant's mental state matters. A speaker's subjective intent does not override the reasonable listener standard entirely, but it remains a material factor in the prosecution's burden of proof. T Federal Jurisdiction T49 USS Section 46507. Making a false threat concerning aircraft security is an independent federal offense under Title 49. The state's decision to retain jurisdiction without federal escalation indicates no nexus to organized or intentional aviation threat was established. It's not going to be a long trip around. >> Prosteral outcome. Broward County the 22nd of April 2024. The state attorney filed a no info, a formal declination to file an information charging document. In Florida practice, this withdraws the charge before prosecution officially commences. Authorized by Judge Thomas J. Coleman, the case was not further prosecuted. The no info is not an acquitt. It is prosecutorial discretion based on insufficient evidence to prove intent to deceive or mislead beyond a reasonable doubt. TP lessons learned. One, aviation security operates under a zero ambiguity standard. Post 911, federal law 49, USC section 46507 and state statutes impose strict liability on the speaker, not on how the listener chose to interpret the statement. Two, I was joking is not a statutory defense. It is evidence of mental state evaluated in context. Three, a no info does not validate the speech. It reflects the prosecution's inability to prove men's rhea not a finding that the statement was harmless or legally protected under the first amendment for um the legal threshold for arrest Terry is far lower than the threshold for prosecution section 790.163 men's rear both standards were correctly applied the gap between them is where this case was resolved