really yeah really okay make it out that I don't give a f*ck bro cause it's not a threat it's a promise I'mma see you when I get out okay that's good what's your name what's your name just after 2 in the morning on a Saturday in Florida patrol officers noticed a shirtless man outside a closed storefront what followed stretched across 13 minutes a Miranda warning an on camera admission and escalating confrontations he is now facing charges that include loitering and prowling possession of a controlled substance obstruction and allegedly threatening a public servant it was not what officers found that pushed this into felony territory it was what the subject chose to say while already in handcuffs alright bud so here's the deal it's a closed business you can't loiter alright I'm asking you hello so send a snap before we go to the counter where my mother same d*ck s*cker from last night right better than this so I'm just asking are you in one of the trucks don't get lit where my mother she gonna get dumb you let out of here alright bud so alright what what the closed business I think you said that before I don't care what okay what we doing well I'm asking if you're gonna disclose my concerns no but what what's your concerns okay you're loitering in front of a closed business hey why do you have an ID on you why you pull a backup for that well because I already made contact with you yeah when you talking about you know escalating a situation like that why it's just gonna escalate why is it gonna escalate it's gonna escalate where's my mom's bro it doesn't have to escalate I'm just making contact with you if you're here just chilling on your phone get them ready if you're here just chilling on your phone get them ready who are we get them ready who are we getting ready I see you flicking on some get it ready oh it's my it's my just with my belt oh no belt buckle here that's all it is what it is I don't care what you grab for what's going on what's what's happening I don't know y'all came here d*ck s*cking me I ain't bothering nobody you wanna d*ck s*ck instead of popping bro where's my mom hey just calm down no bro f*ck that you came here d*ck s*ck me for no reason and look like I'm trying to break in or some look like I'm trying to do some wild I'm sitting here on my phone what what listen you're just you're just here to close business we're just I don't give a f*ck where I'm at and I'm here and I'm not leaving so y'all drag me out this motherf*cker bro I ain't do nothing to nobody bro I ain't causing no problems bro I come here every night bro alright so because we're gonna proceed with the loitering and prowling aspect of you I'm gonna read you your rights all right I'm gonna go from there do you have the right to remain silent anything you say can be used against you in court you have the right to talk to a lawyer for advice before you answer any questions and have him or her present during any questioning if you cannot afford a lawyer one will be appointed for you before any questioning if you wish you can decide to answer questions without a lawyer present you still have the right to stop answering at any time you have the right to stop answering questions anytime to talk to a lawyer do you understand the rights I just explained to you hey bro you said no do I care about no what you talking about bro under Florida Section 856.021 an investigative stop is lawful when circumstances create reasonable alarm that a crime has been is being or is about to be committed a shirtless man at a closed business at 2 in the morning refusing to explain himself that clears the bar Miranda arrived earlier than Berkemer versus McCarty four sixty-eight U S four twenty 1984 required that is protective not harmful under Berghuis versus Thompkins five sixty U S three seventy 2010 the subject's response was not an unambiguous invocation of his right to remain silent or right to counsel he did not say I want a lawyer he did not say I am done talking every word he speaks from here forward is potentially admissible well I'm asking you what are we doing you wanna provide some information huh why you keep saying what do you mean by that you know what the f*ck I'm talking about bro no I don't it's very we're gonna get lit or not bro what's happening I'm just asking for some information for what I don't have to apply to nothing to you I ain't do nothing to nobody you're I've already explained to you that you're loitering in front of a closed business where where does it say that where does it say that it's in Florida statute huh it's in Florida statute oh I don't know nothing about that sir alright well I've explained to you I don't give a f*ck and I'm just telling my concerns I've asked if you were in one of the big rigs over there it doesn't apply to me it does you were loitering in front of a closed business right alright does it look like I'm trying to break in I don't know I don't know if a crime's about to be committed has been committed or will be committed that's why I'm out here stopping with you what that's why I'm out here stopping with you right alright cause a crime could be committed had already been committed or isn't a process being committed so so that's why Florida established something called loitering and prowling for law enforcement to stop us out in public I'm gonna do I'm gonna burn down in here you're loitering in front of a closed business okay okay so if I wanted to break in this Ben did it and instead of just walking away and like okay I'm not going to so what I'm not going to I'm not so what we doing why why are you being like this cause I don't got nothing to lose bro why are you filming me nothing to lose no I'm not gonna get into all that just let me know we gonna get lit or what happened so I'm not going nowhere so you gonna have to do something is there something that I can help you with then no you got going on something you need to talk about I'm just trying to help you out man that's all not trying to overcomplicate the situation alright bro listen y'all getting me tight now bro no take a breath no I don't need no breaths y'all starting to get on my nerves now I didn't come wilding out in front of everybody for someone to call you right probably just pass by show me chilling yeah cause you ain't got nothing to do you won't come dig some it's called doing a business check no you got plenty of stuff to do right now yeah we check businesses to make sure you got plenty of sh*t that no one's doing right now besides worry about someone who's using the Wi-Fi bro okay there you go you're using the Wi-Fi is that unreasonable I don't have to tell you that you kind of do you kind of do you have to just talk I don't have to do nothing so now that we got that out I'll go to the county right now why let me know you just said you're gonna use in the Wi-Fi where to my mom's it don't matter bro I shouldn't even have said that that's nothing bad you're using I don't give a f*ck if it was bad it's just a simple you can't be your own business exposed I don't give a f*ck and I'm not leaving so what so what so what what are you doing what are we doing let me know just calm down that's it let me know what are we doing you were using that's it let me know what are we doing you were using that's it what happened I'm ready let's do it buddy why you come tell me where's my mom you gonna have to do my paperwork one of y'all go home on disability I'll pull that taser out you dog no one's doing anything right now I know you're not okay so we've established you're doing just Wi-Fi what was just confirmed on camera is an admissible fact the subject was at this location to use the business's Wi-Fi his immediate reaction I should not even have said that is a textbook consciousness of guilt statement under evidence law made voluntarily post Miranda without any coercion being on closed property after hours still satisfies the loitering elements but it is now on the record is there anything that brought you up here tonight no matter s*ck my d*ck bro s*ck my d*ck what we doing dude calm down no reason for all this it's not so get the f*ck out of here bro I'm not harming nobody I'm not doing nothing bro when you pulled up was I like this or was I sitting on my phone I'll see it on my phone okay and we've already established that that's good I don't know what it is all of my walls alright so so what are we doing bro you're not cause now it's 3:01 exactly you're not talking right you've only cause you ain't wanna do this before you had to wait for all the backup you know what time it is exactly that was 3:01 get the gloves out full get lit and stuff full so this is the shift that changes the legal trajectory eleven minutes of patient documented de-escalation gives way to a full response team under Section 856.021 subsection 2 the officer had to give the subject every opportunity to explain before arresting that obligation has been met on camera repeatedly the legal foundation for what comes next is solid that's a lawyer problem so far he's not dispelling my concerns I've already read him his rights he finally said that he's here to use Wi-Fi but he said he's not going anywhere he said that we're gonna have to do paperwork someone's going on disability tonight no put him on arrest yeah alright man turn off the chains by the back hey you're a bottom five full motherf*cker bro but you got a taser right so so if you act stupid you're gonna get tasered just so you know that what's your name Osman say less there's no more alright you've been placed under arrest for a little surprise you have anything on you just gonna poke or stick me or anything oh yeah look you missed the top guy with full guys come right you're such a tough guy when you pull that Taser out right if you have the manpower why why wouldn't we use it why would I sit here and fight you that's all I told you because you're not like that because you're so every one of y'all so you gotta get four motherf*ckers on the you know what I'm saying yeah the formal arrest crosses the Fourth Amendment threshold from reasonable suspicion to probable cause 11 minutes of documented refusals explicit non compliance threatening statements and a suspected controlled substance probable cause is cleared the post arrest search is authorized under the Search Incident to lawful Arrest Doctrine from Chimel versus California three ninety-five U S seven fifty-two 1969 no separate warrant required any evidence recovered is fully admissible what's your name bro s*ck my d*ck that's my name oh really I was already thinking that you wasn't talking like that till I came here stop bro stop you wasn't talking I wasn't scared I wasn't scared of you begin with I was just trying to reason with you I don't know that's all I was trying to do you already said to me that you know 45 they ask you what your name was you told me to s*ck your d*ck you want me to lean on the ball why you pushing on me bro you stop you stop bro you don't even f*cking know me bro back like this county something bro be out go ahead and walk real quick go ahead and slide your stance for me real quick alright go ahead and kick out your slides for me alright go ahead and take seat what's up bro what's your name I'll be back I'm looking for Hawksman where's my mother and your family really yeah really okay make it out that I don't give a bro cause it's not a threat it's a promise I'mma see you when I get out okay what was just said on camera in custody in response to no question is a spontaneous statement fully admissible under Rhode Island versus Innis 4 46 U S 2 91 1980 under Florida Section 836.12 threatening a law enforcement officer is a second degree felony carrying up to 15 years in Florida State Prison that one sentence delivered while handcuffed may be the most legally consequential moment of this entire encounter what's your name rolling what's your name your name rolling but what's your name s*ck my d*ck alright me booked under don't know no he's I got this I got this deal right oh you guys deal you guys license alright cool also even better let's try another charge yeah we're gonna charge him with you assault him I'm in fear that he's gonna come after me so no so we're gonna do the assault tour and that's why I definitely called for somebody else and I rolled up hey what are you doing and he's like let's go will you let me tell me I'm like okay that's our place I pulled over there hold the thing ask for him so we got assault on a law enforcement officer as well or is it isn't it's actually illegal there's no threat there's no threat to the charge huh yeah then they make one there's a threat on a public servant yeah it's illegal I used it three times yeah how is it that that's kind of what it is this guy mad tough when the backup pulled up so what do you what are you looking at like that for bro so what's to do with the family bro I'm all bored so we got his info right yeah we got the info we got everything close your eyes s*ck my d*ck please now I want you to get bit up on mosquitoes like the rest of us so rock down south sure why not the back where are you from my mother's house my mother's house yeah you hear that it's my mother's house he's a he's from your mom yes what is that that's really great for you alright my man well you caught yourself some charges tonight so well well couple couple felonies so what's the charge well you got the loitering and prowling and what threat threat of an officer or something yeah you got the threat of a public servant the possession of controlled substance and then uh obstruction which is like resisting without violence for not identifying yourself why y'all so balls man man I just all I was doing I don't know if you're having a bad night I said I don't know if you're having a bad night but but it would have just been like hey you can't be here you're using your Wi-Fi I would have probably just let you go you know what I mean let us break down every charge and every legal threshold that will matter if this case goes to trial Florida Section 856.021 has three required elements a time place or manner not usual for law abiding individuals circumstances creating reasonable alarm and a documented opportunity for the subject to explain before arrest all three are met here a shirtless man outside a closed business at 2 in the morning 11 minutes of chances to explain zero given the officer articulated the standard on camera in nearly the statute's exact words I do not know if a crime has been committed is being committed or is about to be committed that language mirrors the statute almost verbatim charge 1 is well supported the charge that transforms this case Florida Section 836.12 threatening a law enforcement officer second degree felony up to 15 years statute language verify before publishing the charging anchor already handcuffed already under arrest the subject said it is not a threat it is a promise I will see you when I get out spontaneous on camera no question prompted it the officers documented fear I am in fear that he is going to come after me is a required element officers initially considered assault under Section 784.07 but that statute requires a present ability to carry out the threat handcuffed and already under arrest he had none section 8 36.12 is the correct and stronger charge the controlled substance recovered in the lawful post arrest search is admissible under Chimel already cited obstruction under Section 843.02 statute language verify before publishing is supported by 11 minutes of documented refusals to provide a name that charge holds Miranda arrived before the formal arrest earlier than Berkemer versus McCarty required that early delivery eliminated any future challenge to statements made after that point the subject never explicitly invoked his rights under Berghuis versus Thompkins both already cited continuing to speak voluntarily after Miranda is an implied waiver the Wi Fi admission and the post arrest threat were both voluntary both unprompted by interrogation and both fully admissible the lead officer receives an a minus he walked every procedural step Florida Section 8 856.021 requires he articulated the reasonable alarm standard on camera gave the subject repeated chances to explain delivered Miranda as a protective measure and attempted de-escalation before calling for backup no unnecessary force no procedural shortcut no Miranda defect however the post arrest exchange let us try another charge hands the defense a narrative they did not earn under Graham versus Connor 4 90 U S 3 86 1989 the standard is objective reasonableness and optics matter too overall a methodical well documented field stop executed correctly under sustained and significant pressure the subject receives a d his most consequential decision came while already handcuffed already under arrest it is not a threat it is a promise I will see you when I get out under Colorado versus Connelly 4 79 US 1 57 1986 that statement is voluntary and fully admissible not the product of police coercion it may convert his most serious charge from a misdemeanor to a second degree felony to his credit he did not physically resist the arrest however every other decision compounded the outcome refusing to identify refusing to leave threatening officers before and after the arrest an officer said it plainly near the end I would have probably just let you go that outcome was within reach he chose otherwise three takeaways from this encounter first Florida Section 856.021 gives you the right to explain yourself before a loitering arrest that Protection only works if you use it 11 minutes of opportunities not one was taken second invoking Miranda requires a clear unambiguous statement vague hostility does not qualify under Berghuis versus Thompkins already cited continuing to speak after Miranda is an implied waiver every word counted third and most critically there is no legal Protection for spontaneous statements made while in custody the post arrest threat was not interrogation it was not coerced it was a free choice made in anger on camera while already under arrest that is not asserting rights that is writing the prosecution's closing argument for free thanks for watching if this breakdown helped you understand how Florida's loitering laws actually work in practice and why every word you say on camera never stops being evidence drop a like and subscribe so you do not miss the next case hit that bell so you are notified the moment we post we go through these encounters line by line statute by statute so you understand not just what happened but exactly why it matters under the law see you in the next one