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Edit Transcript - Was this a Burglary, a Trespass, or Something Else?
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Was this a Burglary, a Trespass, or Something Else?
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[Music] All righty, guys. Welcome back to the channel. Today's video, we're going to be looking at an incident where officers responded to a call of a burglary in progress. Uh, this occurred on June the 12th, 2024 at about 2:40 in the morning. uh this this incident actually has a lot of really interesting pieces and parts to it. So I think the best way to handle this is we're going to watch it in segments and I'm going to explain what's going on at the time if that makes any sense. So uh the initial part of the video that you're going to be watching first I have 30 seconds of a 911 call for you to listen to because it really sets the stage of what the officers are going to be walking into. Then you're going to see the officers arrive on scene, how they handle the initial approach and then I'll be back to tell you what's going on. My kid's dad just broke into my house so he will not leave. He climbed through my window. Yeah, I have his keys because he is drunk as [ __ ] and it's time to drive home. Anyways, he just broke into my house. He is not on the lease here. I need this cop to come and get him out of my house. He just kicked my door open in my bedroom and broke it. So, I'd like to press charges for that, too. Can I please have my keys so I can go home? You're drunk. You're not driving. I don't want to drive. I'm walking. I can't get in my house. He's out back. She stated he's out back. We're pulling up now. Does he have any weapons? Hey, let's see those hands, brother. Come back here. Come back. Come back. Come back. Come back. Walk this way. Walk this way. Yep. Come this way. Walk this way. Walk towards us. Walk this way. Walk this way. Walk this way. Walk this way. for sure. All right. Yes. I got uh stick in my pocket right there for sure. We've got him now. And that is it. Tried to leave earlier. She stole my keys. You don't got to be so rough with me, man. I'm being cooperative. And this is just for our safety. I know, but you don't got to be arrested. 33. I get it. I understand. All right. So, that part is actually pretty simple. As a responding officer, you're responding to a a call of a burglar in progress. You arrive on scene. The caller is standing out on the sidewalk holding a baby on her hip and says, "He's right back there." You find the guy. You take him into custody. He has a firearm on him, but it wasn't really in play. You remove the firearm, make the area safe, you know, put him in cuffs, and there you have it. You've responded to the call. You've detained your suspect. The area is safe. Now you start your investigation. That investigation starts by talking to your caller/victim. Hello. Did you call, ma'am? Yeah. Who Who is this? It's their dad. Their dad. Does he live here? No, it's just me on the lease. Okay. So, he doesn't have stuff here or anything like that? Um, he has clothes from spending the night occasionally, but he does not. How often does he stay stay there the night? Like two weekends out of the month. Just that's it. Get in the mail or anything here. These kids have the same last name. So when I transfer the mail overh you're saying he does not look No, he's not on the lease. I can show you the lease. Okay. He doesn't have a key to the place. He does, but he does not have it with him. All right. So, that initial conversation with the caller/victim is going to dictate what you do with the rest of your investigation because we are called on a burglar in progress. This is a felony. This could be a felony of the first degree potentially. Uh, but when you're talking to her, you really find out, look, we don't have a felony here. We don't have a burglary at all. We have at best a trespassing call. The reason that I say that is because the way she answered those questions, it sounds to me like he's established some sort of residency in the house. If if not residency, definitely a normal person under under those circumstances would believe that he's allowed to come and go from that house. Uh she the officer asked, "Does he live here?" And her first response is, "He's not on the lease." When I when I when people tell me that, my response is always, "I didn't ask you if he was on the lease. I asked you if he lives here." So, he begins asking some follow-up questions. Does he have any clothes here? And she's like, "Well, yeah, he has clothes here. Does he have mail here?" "Yes, he has mail here." "Does he have a key to the house?" "Yes, he has a key to the house." As far as a police officer is concerned, that means you live there. So, we're not looking at a burglary anymore. At best, we're looking at a trespassing incident. What that means is that it's not going to be a detective responding to scene to investigate. This means that the responding officers are now responsible for this investigation. So, the next part of the investigation is they're going to go and talk to their suspect. Again, you're not under arrest right now. I got to ask you some questions. We'll figure out what the hell's going on. If everything's good, you're good to go. I need a ride. If anything, we can give you a ride. Where's Where's I've been trying to get She stole my keys. I've been trying to get Uber for a long time. Before we ask you any questions, you must understand your rights. You have the right to remain silent. Anything you say can be used against you in court. If you wish to answer your questions now without a lawyer present, you have the right to stop answering at any time. You also have the right to stop answering anytime until you talk to. Do you understand those rights? Yes, sir. Okay. Just in your words, what's that mean? I need to talk to him. You can tell me. No, I'm not going to answer any questions. All right. Yeah. Okay. I get it. I get it. So, just starting with about what time it was. Just take me through what happened. I don't know, man. I came over here. This is my babies. This my wig off. I got 50/50. Okay. Do you do you uh live here? Every now and then I'm probably not on the lease. Uh do you do you have clothes here? Yes, absolutely. Did you get mail here? Yeah, I got mail here. You get Do you got a key to the place? Yes, I got a key to the places on my keys that she stole from me. If it's not on there, then she took it back. Okay. How many uh days a month do you think you come here and stay over or whatever? More than half the month. I'm over here. Okay. So, go ahead and take me through every day. Everything else. I'm sorry for interrupting you. You're coming over to see your kids then. What happened? came to see my kids and she was no better [ __ ] This and that. It's like always whatever. Whatever. I try to leave. Walked on the block. I don't know how far I got. She stole my keys. I can't call Uber or get home. How she How she stole your keys? Can I see a person and talk to you or in the house somewhere? No, she she told me you're not [ __ ] going nowhere. I got your keys. This and that, this and that. I don't know. I can't get in my house over here and I ain't got my [ __ ] keys. I'm not about to like my grandma left this and that this and that. That's about it. So, she took the keys. You said you guys were arguing there. Yeah. Okay. Nothing happened. Nothing physical. You know about what time it happened? Cuz it's about 3 hours. on my goddamn neck. I'm sure I got scratches all over me, this and that. But I'm not trying to press no charges over here. Nothing like that. It's my goddamn kid's mom. I hope y'all don't. No. No. We just got to get the whole story, dude. No, I know y'all got to So what? Um, so when she took the keys, how did that happen though? Like I have no idea. Okay. Were they like you just take your stuff out of your pockets and let it lay it on the table or something? Take your [ __ ] came back downstairs, all my shit's gone. Okay. So, she was mad because you wanted to leave pretty much. Okay. So, she took your keys, didn't want you to leave. You don't have a car here or anything. How did you get here? My Mustangs are back. Okay. So, she didn't want you to drive out of here then. Why didn't you I've had me couple drinks, whatever. So, I understand I don't need to be [ __ ] driving. That's why I was walking. You were trying to make the call. Yeah. I'm not trying to drive this and that. This and that. Trying to find somebody come pick me up. All right. So, this part of the video is actually a really good demonstration of when it's important to read someone their Miranda warning, their Miranda rights. Read them their rights. You know, when they went up and they they put him in cuffs and they took the gun off of him, they didn't read him his rights then because they weren't asking him incriminating questions. They weren't asking him about the incident, but now they've got him in cuffs. They've got him leaned up against a police cruiser. He's definitely uh this is definitely a custodial interrogation. That's what's going on here. So they went ahead and read him his rights to make sure that he was aware so that they didn't get themselves in a trick bag if they ask him some stuff that they shouldn't have been asking. Now I would say that it's pretty common knowledge if you talk to a defense attorney. They'll tell you don't talk don't answer the police's questions. I would even go so far as to say if a police officer reads you your rights, I would probably evoke my rights. You know, in invoke, evoke, whatever the word is. when someone's reading your rights, you don't you don't need to answer any more questions. This guy decided he was going to answer more questions. The majority of stuff that he said was totally fine. You know, most of his statements actually corroborated the statements that she made. So, it sounds like he comes and goes all the time. Sounds like he was a uh a a welcome guest in the house earlier in the night. Then they had some kind of argument. She wanted to leave when he was refusing to leave or she locked him out of the house, whatever. She calls in a burglary on him, which is kind of BS. You know, we see this kind of stuff all the time. Unfortunately for him, he continued on to speak, and that's going to show why the officers had him in cuffs. Now, I don't think that they would have necessarily needed him to continue speaking for this part, but they did. Um, but let's let's look at what we have. We responded to a call of a burglary. We decided that it's not a burglary. Uh, then from talking to both parties, it's not a trespassing call either. you know, he he was allowed to be there. They just had some drama. You know, this isn't a crime. But we do have a guy that we took a firearm off of and he's intoxicated. Is that a crime? Let's Let's watch the rest of the video and we'll see what the officers do, sir. So, here's the deal, and it has to do with the drinking tonight. Okay. All that stuff with her, there's no burglary. There was no DVD. There was none of that. The extended period of play there was going through past criminal history to see if you were a qualified adult, which you are. However, with you being intoxicated, uh, I needed to figure out whether it would be a trip, going to jail, um, you are under arrest or being summoned out. With it being a nonviolent misdemeanor at this point, we can write you a ticket, someone's out, and we'll have a court date you go to. We'll take your firearm to the property room once it clears its background checks down there. You're welcome to come and get it. Okay. So, if you're cool with the summons and going home tonight over at Murray Hill, we can do it that way. There you go. What's We can absolutely take you. And then we have to run you through ID downtown real quick and then we'll run you out to Murray Hill and then we all call it a night. Okay. Okay. Again, you are under arrest. Yeah. The background check and everything with the firearm for weapons while intoxicated. Yeah. Can't have a firearm because you are partner explain soy or anything like that. No, it's it's not I'm going to leave this on. So, it has to be whether I believe you'd be intoxicated or not. I do believe you to be intoxicated. All righty. So, the officer that we should be looking at right here, I believe it is. Oh, no. It's the officer that's speaking. Um, he went ahead and he called up to a detective and he said, "Hey, detective, here's everything I got." And the detective ran through everything and said, 'Well, the only thing you've got, as far as I'm concerned, is weapons while intoxicated. Uh because in the state of Ohio, you're not allowed your firearm on you while you're intoxicated. Uh the facts of this case are we have a 911 call where the woman says he's drunk. Uh we also had an interview with the woman where she said that he was drunk. I don't know if I included that in the video or not, but then when this guy was read his Miranda warning and he decided to um forgo his rights or decided to answer questions and speak to the officers, he also admitted that he had some drinks. He was too drunk to drive. He was planning on walking home. If you're too drunk to drive, you're also too drunk to be in possession of a firearm. So, they decided to charge him with having weapons while intoxicated. Uh, this did go to court and I can tell you that it was pled down to misdemeanor disorderly conduct. He paid a $75 fine and was given no jail time. Uh, they I think I put it in the video, but the officers did take him home afterwards. That was about the end of this incident. So, we're going to stick this with your stuff. I'm going to get you out of those handcuffs and we'll get you. Okay. Um, you just got charged with weapons while intoxicated. Feeling intoxicated whatsoever. Okay. Okay. I get it, though. Well, we'll get you. I mean, it'll be safe for everybody. And then I know it's pain. All right. Go ahead and take a seat in there and then he's going to turn the car on. We're going to get you seat belted up. Hey, you want to put it in drive, Mlan? All right, brother. Here's your stuff. Uh, pick copies in there. Just make sure you take a picture of it in case you lose it for some reason. Um, but you should be able to find it on the clerks and everything. All right, man. Good luck to you, man. Be safe. Yep. Thank you. I don't know. I I thought this was a pretty pretty interesting case to get to show you guys because it's something that we deal with as police officers all of the time. Maybe not the gun part, but this uh I invited my baby dad over. We had an argument. He got drunk. I got mad at him. Kicked him out of the house. And then when he tried to come back in to get his belongings, I called the police. Uh this is a call that we respond to all of the time. And you know, residency, permission in the house, having a key, mail, all that stuff, all of that stuff is important. And we get a lot of these baby moms that'll say, "Well, his name's not on the lease." Um I'm sorry, but his name not being on the lease does not mean that I, as a police officer, am going to remove him from your home. Absolutely not in the state of Ohio. I don't know if it's some something else in some other state, but in the state of Ohio, that's not how we do things. So, I don't know. I thought it was an interesting one. I'm happy to show it to you. Thank you for watching. I'll talk to you guys later. [Music] [Music]
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