the sign. I have a body cam that shows that I gave it to you. So, here you go. Fast, fast. >> nothing. DON'T PUT THAT WHAT? GET OFF MY MOM. MOMMY, GET OFF MY MOM. GET OFF MY MOM. GET OFF MY MOM. GET OFF. GET OFF. GET OFF MY MOM. >> RELAX. >> GET OFF MY MOM. GET OFF MY MOM. >> Get off. >> On February 3rd, 2025, at an apartment complex in Florida, a civil property dispute turned into a felony arrest and left behind legal questions worth examining carefully. First, the civil standby. In Florida, law enforcement is not required to accompany civilians during property retrieval. The officer declined Nicole's request, and that decision was legally correct. What he offered instead, contacting the resident directly, was a reasonable alternative. >> Hi. Did one of y'all call us? >> I actually called because >> Okay. >> I'm trying to I'm getting my stuff right now. >> Okay. >> This man has a lot of our stuff upstairs, and I want to go up there, and I need to be accompanied by somebody to make sure that all my belongings are out of his house. If I am not able to go up there, then that means I'm not able to get all my belongings, which means if he's able or wants anything of his, he will not receive it. >> All right. I mean, you used to live here or >> I don't know. I've never lived with him before. >> All right. Why does he have your stuff? >> They had my daughter's parrots for a couple of nights, which they said it was okay. This is how they did Let me show you. We We This is how they left them. No, obviously we had to clean them. >> Sure. >> This is what they left them in. >> Okay. >> And then he doesn't understand why I'm upset. I told him one more night. He said one more night. And we were picking them up today, which we did. Would you be happy with your animal animal, by the way? >> Uh so, I'm a little upset right now. >> No. I understand. >> That's abuse to me. Abuse. They hadn't fed them. How do you know they have >> They had everything they needed to clean. My son is in there. He did not do it because he's a child. The grown man in there >> How old is your son? How old is your son? >> 11. >> He stays here then? >> He's got to come with me today. >> Okay. Is there any Is he the dad? >> Oh, no. He was just a friend. >> Oh, how long So, you were staying here, but you don't live here? >> losing everything here. >> But your son's staying here. And he's just All that stuff, that's your son's, okay. So, this is obviously someone you know and trust if your son's here. >> I got to do it. >> Got you. >> I saw what they would do. >> Sure. >> what they would be willing how far they would be willing to >> So, he knows you're here and he's going to come down or >> He came down. Um I don't want any of my belongings, my son's belongings, her boyfriend's belongings, or her belongings in that room. >> Does he understand that that you're here just to get all the stuff out? >> seem to understand that because you see my battery's about to die. My ba- I need a new battery. I've not gotten a chance. >> For your phone you're talking about? >> No, for my whole car. Um and he thinks that I'm going to give him back the only thing that help- helps my car move. You think I'm going to give that back? By the way, I gave one to somebody already. >> Okay. >> So, technically I'm getting it back. >> Do you have your ID, ma'am? >> I'm not giving this. That And he No. >> Yeah, you're done with this, right? You just want your son and your stuff >> I want all of our stuff. >> And Dominic's stuff, too. And Dominic's stuff. >> Okay. Well, I I can't hang out. Um what you're asking for is I understand why you're asking it. Um but we consider it a standby and I'm not allowed to do standbys for situations like this, but what I can do is make sure he's not going to cause any issues. Um so >> make sure his stuff is out of there. >> Yeah, so >> You You understand that >> I I I promise you I do. >> So, what do I understand what you're Cuz I don't I must have >> I'm not allowed to do standbys. So, this would be considered a standby, which is civil, where you are trying to collect items, but you want law enforcement present to make sure everything goes smoothly. We're not allowed to do that. >> Oh, I want law enforcement present because they said if I was on this property they were going to arrest me, which I know that's a lie. >> like the management here or something? >> They already told me that the management said that. >> Well, that's just a civil problem. >> And that's why because if I'm not banned from here, I can clearly just walk up there myself and get it. It's not that serious. >> Yeah, your son's here. You don't have to go in there. So, but I mean you obviously your intention is make sense to me. You just want your son. You want your crap out of there. So, you're doing the right thing. But I I'm not allowed to stay here and wait for all this to go down. >> needed to make sure I was not banned so I could go get my son. >> Yeah, I don't really even care to look into it if management's not here. So, if you have your ID with you, I'll get that done. I'll try and make phone contact with this guy and make sure there's not going to be any issues for you. >> I just got to find my It's somewhere around here. Baby, can you finish >> Copy that. Are you Nicole? >> Yes. I'm Nicole. >> 10-4. I'm out with Nicole. Figure out how to get her out. >> Do you know where my wallet is? >> What's up, man? >> How you doing, officer? >> You just trying to get her stuff so she can get out of here? >> Yep. >> All right. Do you have your ID on you, bud? >> And you have a ID or driver's license out of Florida or some other >> Yeah, Florida. >> In Florida. >> Okay. >> How much Where's your son at? >> He's getting his bike right now. >> Oh, nice. Okay. How much other stuff do you got? >> Um I think we got most of the stuff. Uh we got um we got most of the stuff. >> All right. Just just be done with the dude. Get everything out of there so that way they don't have to come back here. You know what I mean? >> Yeah, like they need they can't um they can't Yeah, she she can't go in there. She can't go in there. She's not allowed to go in there. >> In your apartment? >> Yeah, she's not allowed to go up there. >> Hey, man. >> She's actually not allowed to go in there. >> Does she have keys or anything? >> No. >> Is it locked? >> No, that door is unlocked, but um the lady said she's had problems with coming here. This is my son over here. >> Okay. No, I'm not. Did she Is she going upstairs? Got you. Can you >> you go grab her and I'll just kind of hang out with her? >> You can give her a warning of trespassing. >> What floor is she going to? >> 330 >> Okay, yep. >> You can give her a warning of trespassing. >> Got it. >> I don't want to get her evicted or anything. She didn't listen at all. >> Yeah. No, you're not. You're you were on the lease. She wasn't on the lease. That's why. >> It's >> Here's >> So, he is no So, she's been staying with me for a while. Well, basically it's like I was happy she got She got to keep that at her girl's house and then she stayed with me for a few months. Uh I'm at my old place and then I moved here and then she didn't have a place. So, her son was on the lease with me >> Got you. >> because he didn't want to sleep in the car. >> Sure. >> So, he was staying with me not even for about a month, like 3 weeks or so, 4 weeks most. Um and then she just like like she has this moment of her life where this is like this is how she acts. She just I don't know what to I don't know what to do. She's not listening. And I've been like I've never seen her like this and it's like I don't even want to say anything. Like I don't know Like I don't want her to get hurt. But it's like this is She's basically homeless for about about a whole year. Like I've seen her since March. >> The only thing we can really do today, obviously she has a right to her property, you know what I mean? And I see you're obviously being cooperative, trying to do which is the only thing to do that makes sense and obviously that's her son. >> Mhm. >> Um so, maybe just give it a couple days and talk to her or No. I'll done. >> I got you, dude. Yeah. >> You can't fight for your life. >> You can >> funny. It's not cuz if that happened to you right cuz you want to be laughing at me. >> Listen, if he says that's not yours, you're going to have to give that back. >> it's not mine, I'm not going to have to give it back. You're right. Uh they not on your And I said it. >> Why are you acting like that all of a sudden? >> Cuz why are you acting like that all of a sudden? You was good until she pulled up. You scared You scared of a Mr. Patton? You scared of Patton? >> What are we talking about? >> Exactly. You weren't just acting like this downstairs until she pulled up. Now it's something different. You scared of Mr. Patton? I guess you are. I'm taking the stairs. >> It took him a damn while. And he says it's not mine. That's the type of [ __ ] is that? I don't know if she's going to make money or if she's going to want her trespassed from here. >> Yeah. >> Yeah. >> This is me This is me Oh, you can have that. You can have that. >> Um >> Is that all hers or is >> She also has She also has a battery starter for for me. >> Oh, that's >> Yeah. >> We're not going to do the property thing. >> Okay. >> So >> Yeah. >> Anyway, I don't know what happened to her. No, I get it. So, it's clear now. She has no rights inside this building anymore. Her management obviously, since now I understand. >> Right. >> So, we'll trespass her. >> Do you have her info? I don't. >> Uh I already ran her. >> Uh what's her name? >> the RO. I didn't write her stuff down. She didn't have her DL. >> Uh do you know her name? >> Nicole. >> Nicole. >> Yeah. >> I'll I'll do the trespassing. No problem. >> I don't think so. >> Okay. You're good to go then, dude. >> And just just head upstairs and we'll Huh? We'll be here. We'll be here for a minute. If you see something else you want to bring down, then bring it. Knock it off. What's wrong with you? >> Him. >> You're acting like a >> Yeah, I'm acting like what? You acting like you scared of Come on now. You just told me I could go upstairs and now you're telling me I can't cuz of him. >> Yeah, you're good. Go ahead, dude. I'll She won't go back. >> to fight I hate guys like you. >> Why he still got Dominic's stuff up here? Dominic's on probation. He can't leave this area. >> Well, unfortunately with her behavior now we're not doing this anymore. So >> Thank god. >> No, she's not They don't management's there. They said she's not welcome back in. >> I ain't never been welcome back in. Shut the hell up. I can't wait to get off this damn >> Yeah. Hold on, bud. Don't Don't go back up there. Listen to me. I It doesn't matter at this point, okay? >> Yeah, it does. I need my stuff. >> We're not going to I need my stuff. >> The cart? Oh, I got you. >> They don't want me to bring it back. >> I'll take care of it. Yeah, don't worry about that. >> [clears throat] >> We're not going to What was your name, bud? >> Uh Carl. >> And that's your mom, right? So listen, I know that's your mom and you're just >> on the lease though. Like I live with him. >> I know, but right now with the way she's acting there's no way you guys are going back inside. That includes you, buddy. Listen to me. I don't It doesn't No, I'm telling you no. Stop telling him that, okay? Cuz I'm telling you I'm telling him that we're not doing that. You're taking custody of your son, correct? Then he's done. He's not going back in, okay? He's going to go upstairs and grab the other things and come back down, okay? >> Get Dominic's stuff. All of it. All of Dominic's stuff. Dude, get it OUT TO YOUR CAR CUZ WE GAVE YOU THAT STUFF AND YOU TRYING to hold it. No, it ain't in there. I checked the whole bed. Liar. You're a liar. >> If there's anything missing it's civil, okay? You'll have to take him to civil. >> that [ __ ] to court. That's a [ __ ] right there. Traitor. That That's a traitor. That [ __ ] traitor. Real >> Where are you guys staying? >> We don't have to stay anywhere. We stay in the house. That's why he might suck. Because I'm going back to school. >> Yeah. He doesn't want to keep your all stuff. He has He made it clear he doesn't want her here or have a reason to come here, so >> Well, then I don't know why all of our stuff is not down. I just need to >> He's going to go double-check. You heard him. He's going to go double-check. He'll bring it down. >> He He doesn't matter what he He's a liar. >> Okay. If he is lying, I don't know either way, but >> We can't go over there to get our our stuff. >> You guys cannot. Nobody here could go back in there. >> What about if Dominic came here cuz he's not even here? >> If you guys make arrangements at some other date, some other time, that's fine. But right now because of the way she's behaving, it's causing a disturbance, okay? And other people are out here now wondering what's going on. We're not going to continue that, okay? She wants custody of him, so he's out here. >> He's been had custody. >> No, I mean like like now he's not staying here anymore. That's what I'm saying. Yeah, I guess there's nothing Oh, there is. Yeah. Is that it? All right, man. We're getting her out of here. Just head back inside. >> All right, thank you. >> We're We're done with it, all right? >> All right. >> Uh so, listen. Hey, real quick. That kid, don't even bring him back here. Don't invite him. Tell them to take him off the lease. Oh, yeah. Cuz if he comes here then >> Yeah, there's more. >> You know what I mean? Yeah, that's all. >> I'M NOT SIGNING. >> LET THEM SIGN. I HAVE A BODY CAM that says that I gave it to you. So, here you go. Fast fast. >> give me nothing. DON'T PUT THAT WHAT? OH, MY MOMMY. MOMMY, GET OFF MY MOM. GET OFF MY MOM. GET OFF MY MOM. GET OFF. AH! GET OFF MY MOM. >> RELAX. >> AH, GET OFF MY MOM. GET OFF MY MOM. >> Get off. mom. >> The trespass warning is where procedure broke down. Under Florida statute section 810.09, a valid notice requires communication from the property owner or an authorized agent. Officers can relay that, but it must be documented. Here, no written form existed, and the officer had not recorded Nicole's information. That gap matters in any court proceeding. The arrest charge was battery on a law enforcement officer under Florida statute section 784.07, a third-degree felony carrying up to 5 years. The statute requires intentional touching. Nicole's account described incidental contact as she reached for the paperwork. That distinction, intentional versus incidental, was the central legal question. The sentence reveals how that question resolved. 36 months probation, no prison, on a charge that allowed 5 years. Courts give probation when something about the case does not fully add up. The ambiguity around intent, visible in the footage, appears to have followed this case all the way to sentencing. The resisting charge, under Florida statute section 843.01, requires knowing and willful resistance involving violence. Nicole's 11-year-old son intervened during the arrest. The supervisor deployed a takedown in that environment. Whether the resistance met the statutory threshold is a question the footage alone cannot definitively answer. The use-of-force analysis runs through Graham versus Connor, 490 US 386 1989. Reasonableness is judged from the officer's perspective at the moment, not in hindsight. That standard protects sound decisions under pressure. It does not protect tactical planning failures that make force predictable before the encounter reaches its critical moment. Serving a trespass notice to a visibly agitated person in close quarters without a partner positioned for crowd control is a foreseeable scenario with no plan. The force itself may have been reasonable under Graham. The conditions that made force necessary were not inevitable. >> You need to get off my mom. >> Yeah. Go inside. I don't want to handcuff you. Stop. Hey. If you interfere we're not going to make it. Hey, it's done. It's done, buddy. >> I don't want to handcuff you, either. >> IT'S DONE. IT'S DONE. It's done. Hey, it's done. She's fine. I can't help her if you're over here. I can't help her if you're over here. Yeah. No, I'm fine. So, just send me another unit. Hey. We got one of us here. I'm tired. I'm good. I'm good. I'm good. Go inside. Ma'am, go go inside. YOU'RE NOT HELPING US. HEY. HEY. GET OUT OF HERE. Get out. YOU OUT THERE? >> WHAT ARE YOU DOING? >> YOU OUT THERE? WHAT ARE YOU TALKING ABOUT? YOU A WET SOCK TO A HOE. THAT'S WHAT THE YOU ARE >> HEY. I need you for him, okay? If you keep doing that, you're going to go in handcuffs, okay? Do you hear me? >> Get that ugly >> I ain't worried about her. She's being stupid. Let her be stupid. >> Be mad. >> Come across. >> I have no idea. >> Are you >> Stop talking so I can talk to her for a second. Go inside. You're not You're making things worse. Please. >> Let me see your face. I want to make sure you're not Okay, you're good. So, you said your pinky hurts. What else is hurt? >> My head and my knee and my elbow. I mean, basically a lot of things hurt right now. I couldn't tell you nothing. Left side of my face hurt. >> I'm just I'm just making sure you're not bleeding or have any bumps. >> Cuz you're ugly. >> Okay, okay. I don't feel anything. Do you want me to turn you over so you can >> girlfriend. Talk about my mom. >> Do you want me to help you turn so you can sit and talk to them? >> Hey. If you keep doing this, being verbal with people, I'm going to put you back in the car, okay? >> Why Why she not Why she not get >> I ain't worried about her. She's got nothing to do with this. You do though, so relax. >> I'm okay. >> Oh. >> Can you Can you put my feet down? >> Wait. And up there being scary. >> Yeah. Yeah, I already called for them. She said they'll send them in now. >> Stronger this way? >> Okay. Okay, I'm going to I'm good. >> Okay. Her elbow. Her elbow. >> Yeah, I have EMS coming to check her out. I don't see any blood. I don't see any bumps or I don't feel any bumps in her head or anything, but she says her head hurts and her pinky, so. And that's standard. >> I'm all right. >> Okay. >> You want to put her in the back of your car? >> I'm all right. >> Yeah, I'm sure you are, but we're going to go back in the car. >> You want me to go inside? >> You want to take her and check her? >> Uh yeah. >> Okay. >> Yeah, this is my daughter. She's 15. >> Is there anybody else I can take care of them? They're going to jail. >> No, I know. So, we don't have anybody that we can call again? >> No. >> But, if I'm going to New York, they're going to take me, hurt me, cuff me. Okay. I can have a cigarette in a couple of minutes. Can I at least have one more cigarette? It's right there. >> Absolutely not. I mean, it's up to her, but >> Yeah, I'm not going to uncuff me. So, you can smoke. I ain't got to be uncuffed. You ain't got to uncuff me. I just want to >> You want to smoke? Come on. >> Yeah. >> Okay. >> That's Once she emerges, we'll figure it out cuz we have to wait for the kids. Somebody has to. That hurts right there. >> Where? Okay, let me check you. >> Hold on, let me open the door so you're not cuffed. I don't want to say that we're moving our clothes or lifting them more than I can see. >> I'll sit down so you're not But, I have to have a cigarette. When she emerges, we'll we'll figure it out. >> Better on Leo. >> Yeah. Yeah, that was one when you pushed me. >> I pushed you? >> Cuz when you tried to grab her, like I put my foot to do a leg sweep, and you pushed her to the side, so I fell. That was a >> I'm sorry. >> It's fine. >> I'm sorry. >> It's no it's all I know. It's not a problem. I'm not upset. It's up to her. I mean, >> If you wait, she's going to jail so far. Yeah, no, I know. I mean, if she's going to the hospital, I want to have cuz she I cannot uncuff her. >> I mean, I feel like I see a lot of it. >> Okay, we can do that. >> I mean, they got to figure out what's going on with all this stuff. >> We're calling DCF to get the children cuz you don't have anybody that can come pick them up. So >> What are they just going to stay there or something? >> They're DCF is going to set up something for them to stay out until you get out of jail. >> How long am I staying in jail for? >> I don't know. First, all we were going to do put the trespass on your car and you could leave. Now you're charged with battery on LEO. >> Well, why? Cuz we both bumped together. You >> You You You You rushed at me. I I >> No, I didn't rush at you. I was rushed at that man. >> You You don't want to argue. >> I did not I It's ALL RIGHT. LISTEN, I'M ALLOWED TO TALK too and it's it's innocent until proven guilty. >> That's all here. >> It's innocent until proven guilty and I did not rush at you. I rushed to my car. We bumped chests and when we bumped chests you pushed pulled try to pull me down and when I wasn't going down, old dude pushed both of us down. I wasn't coming at you. I was coming off that paper. When you turned, both of our chests bumped. YOU WERE TRYING to get me down. I'm not letting you get me down. He pushed both of us down. I did not try to come at you. No, I did not. No, ma'am. I did not try to come at you. >> listen, it's not it's not up for debate. What's done is done. You're being arrested for >> what's done is done? It's innocent until proven guilty. I did not try to come at you. >> Are you going to listen or are you just going to talk over me? >> I'm not trying to talk over you. I'm just >> But you are though. That's the thing. I'm trying to explain it to you and you're you're yelling now. So like, do you want me to explain it to you or do you just want I'm trying I'm trying to talk to you about it, but you want to keep yelling. So >> but I'm telling you I did not charge at her. I was getting that paper and our chests bumped. I was not trying to fight her. >> All right, you want to go back over there so I can talk to you now? >> And she started putting her hands on me. >> Let's go back over there so I can >> So, I need to know where my mom's going. >> She's going to jail. >> What's she going to jail for? Is she >> So, let's go back over there and we'll talk to you in a minute. >> Like I was not charging at them. Where's Where's the Where's the Where's Where's the Where's the person over you? >> Over you? He here. He's the one that pushed you guys down. >> Yeah, well, what is wrong WITH YOUR SUPERVISOR PUSHING us down like that? >> Pushing you down cuz you were resisting. >> No, I was not resisting. >> Okay, we're not going to argue about it. Like I said, can you guys go over there, please? >> She wasn't resisting. Why do Why >> Look, you're going to be okay. >> You have to go over there because we're We got to deal with her. >> Where are we going, Jackie? >> No, you're going to You're going to go to DCFS. >> What's that? >> That's where they take children that have no home. >> Grandma Jackie's going to come. >> Oh, well, Grandma Jackie's coming? >> If Grandma's coming, then that's fine. >> No, that's great. That's great. >> she talk to the police about this situation? And let them know about how they're trying to charge you at >> or not? Is that We're not going to say >> you doing so much Don't touch me. >> Don't >> Why are you doing this? It hurts. >> I I have to because if you fall Sit down. >> going to fall. >> Sit down. Sit down. >> All this is being recorded and we're going to send this video to DCF, so you know. >> We didn't throw it. Just go load up the car. >> I guess I have no choice but to damn be okay at this point. >> You're going to be okay, Mommy. You got it. >> I believe you. >> Let's see. Do Is my Grandma Jackie One of y'all able to drive or not? >> No, we're >> No, what what part >> Will you be able to drive your car to come and get us? >> No, we're going to We're going to We can park the car. Grandma Jackie's going to hopefully come here and pick you up. >> So, we have literally no choice. >> They said the family is selling their way in like 6 hours. >> they >> one in Punta Gorda. You want to ride with her? We'll get your car to the hospital. >> Sure. >> I think that's the easiest since the hospital's right here. One of those things. >> to want us to travel with her? >> to go to the hospital and they won't let us to travel. >> Okay. >> Yeah, that's what I told them. >> All right. >> The primary officer receives a B minus. Patient and communicative for the first 12 minutes, he correctly declined the standby and offered a workable alternative. But, the trespass service lacked documentation and lacked a tactical plan. Good communication and sound execution are two different competencies. This encounter required both. Nicole receives a C+. Her instinct that a trespass must be properly communicated to be enforceable was not legally wrong, but escalating conduct for 20 minutes created the context in which chest contact was interpreted as intentional battery. The law grades conduct, not frustration. The department receives a C+. No written trespass form, no crowd control partner during a foreseeable flash point, no apparent protocol for property disputes involving homeless families with minors present. One capable officer cannot compensate for systemic procedural gaps. This case shows exactly what happens when he is asked to try. Five lessons come directly from what the footage and the law reveal in this case. These are not general principles. Each one is grounded in a specific failure or a specific right that appeared on that sidewalk. Lesson one. A trespass warning without written documentation is a legal liability. If you are serving notice on behalf of property management, write it down every time. A verbal only warning collapses the moment anyone challenges it. Lesson two. Handing legal paperwork to an agitated person is a contact risk, not an administrative task. Plan the physical environment before you extend that document, including positioning, distance, and partner presence. If those conditions cannot be met, reassess the timing. Lesson three. If an officer attempts to hand you paperwork, do not reach for it, and do not create physical contact in that moment. You have the right to refuse to sign. You do not have the right to physical proximity to an officer and expect the resulting contact to be read as accidental. Lesson four. intent is inferred from behavior, not explained after the fact. How you conduct yourself in the 20 minutes before the critical moment is the evidence a jury uses to decide what your intentions were when contact occurred. Lesson five, when children are present, de-escalation is not optional. Department of Children and Families involvement is a collateral consequence that can outlast any criminal charge and follow a family long after the case is closed. No property dispute is worth that outcome. This case ended with probation, not prison. For Nicole, that is a real record with real restrictions. For the department, it is a preventable incident. For the officer, it is a lesson in the distance between being good at talking to people and being prepared for what happens when the talking stops. 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