Wife Begs Cops Not To Arrest Him AFTER Kicking Him Off Her #bodycam

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[00:00:01]Hey, Artisia Police Department.

[00:00:03]>> Get over here. Get over here right now.

[00:00:06]>> Get over here.

[00:00:07]>> Get out of my house.

[00:00:08]>> Get over here.

[00:00:10]>> Hey, >> hey, get over here right now. Come on, >> [ __ ] Get out.

[00:00:21]>> Just make sure he gets it.

[00:00:23]>> 350. On January 28th, 2024, two deputies respond to a domestic disturbance call at a private residence. Children are inside. Both adults are giving conflicting accounts. Here is the question that matters. At what exact moment did this stop become a full custodial arrest?

[00:00:45]>> My acting crazy right now. This is over there, but this has nothing to do with my mom.

[00:00:56]I got two kids out here. I got some guys in the back.

[00:01:06]>> Hey, Artisia Police Department.

[00:01:09]>> Get over here. Get over here right now.

[00:01:11]>> NO.

[00:01:12]>> GET OVER HERE.

[00:01:12]>> GET OUT OF MY HOUSE.

[00:01:14]>> GET OVER HERE.

[00:01:16]>> HEY, >> HEY, get over here right now. Come on, >> Jill. Hey, >> why didn't you SHOOT THAT THING?

[00:01:22]>> FOCUS. [ __ ] GET OUT. HEY, >> just make sure he gets it.

[00:01:28]>> He's refusing. Get out.

[00:01:29]>> No, I'm not refusing.

[00:01:30]>> HE'S NOT REFUSING.

[00:01:31]>> I'M NOT REFUSING.

[00:01:32]>> Come here. Come here.

[00:01:34]>> Come here.

[00:01:35]>> I'm not refusing.

[00:01:38]>> I'm not refusing.

[00:01:39]>> Step this way.

[00:01:40]>> I get my sandal.

[00:01:42]>> Get your sandal real quick.

[00:01:50]outside.

[00:01:51]>> Going quiet. Probably on the truck. Put your hands up there.

[00:02:06]I got the male subject subject outside.

[00:02:08]I'm about to put custom.

[00:02:14]Put your hands behind your back. You're not going to fish me.

[00:02:17]>> All right. Yeah. I'm going to put cuffs on you first. Put your hands behind your back.

[00:02:36]>> Two seconds. I got one detained. You can step it down.

[00:02:40]>> You're not going to jail either.

[00:02:42]>> What you going to jail?

[00:02:43]>> Huh? You said you got one detained.

[00:02:45]>> I got you detained right now.

[00:02:47]>> Oh, I did.

[00:02:47]>> So, am I going to jail?

[00:02:48]>> Huh?

[00:02:49]>> Am I going to jail?

[00:02:50]>> Well, I'm like, when I walked in there, dude, you you were down and you >> push I pushed her off for me.

[00:02:55]>> All right.

[00:02:55]>> She didn't want to let me go. She wanted me to stay.

[00:02:58]>> Come over here real quick.

[00:03:01]I'm on qu right on the corner of Quay in 26.

[00:03:04]>> I'm not going to do it. Sorry. I'm park.

[00:03:06]Sorry. Parking six. Right on the corner.

[00:03:09]>> I'm not going to do it. I'm not going to run around. Let me see.

[00:03:13]I I can't I have a bad bag.

[00:03:15]>> Do you?

[00:03:15]>> Yeah.

[00:03:17]>> I can lean against the wall if you like.

[00:03:18]>> Okay.

[00:03:19]>> Or get right up against the bumper then.

[00:03:21]>> We'll see.

[00:03:30]>> So, what's what was going on, man?

[00:03:32]>> We're just we're just we're just holding on to each other and I was trying to get out.

[00:03:38]That was it, man.

[00:03:41]>> Okay. Cuz when I walked in there, dude, y'all were I mean >> I was Yeah, I was upset. I was like, "Yo, get off me."

[00:03:45]>> Yeah, y'all were hitting. Somebody was hitting cuz >> Oh, no. I was I was That was me throwing my [ __ ] >> That was me throwing my stuff.

[00:03:51]>> What's going on, man?

[00:03:52]>> No, just just just arguing and then I guess here I was just I took my stuff away.

[00:03:58]>> Okay, turn around. Did you patch you down yet? Turn around. Let me give you a quick.

[00:04:02]>> Yeah.

[00:04:04]You got any weapons or anything on you?

[00:04:08]>> What's your name?

[00:04:11]What's your date of birth?

[00:04:13]>> Adrianos.

[00:04:16]>> 28 central clear one by name and date of birth.

[00:04:21]>> Adrien, you know, what was the date of birth again? Hey. Hey. Date of birth.

[00:04:25]What was it?

[00:04:29]>> Can you pick him up? All right, go ahead and just put your sit on this bumper for a sec >> or lean up against it. You have any ID on you?

[00:04:48]>> Yes, sir.

[00:04:49]>> Okay. So, you're not coming back. You got a different name?

[00:04:52]>> Yes, sir.

[00:04:53]>> 28 Central. I have a social whenever you're ready.

[00:04:56]>> Hey, we got to make sure. Okay. Yes, sir. I mean, if he doesn't come back and you give him the wrong stuff, then we might get you for consent ID. We don't want to do that.

[00:05:04]>> Why would I have to go? Yes, sir.

[00:05:05]>> Okay. You understand?

[00:05:07]>> Come on, man. You've been around, baby.

[00:05:09]All right.

[00:05:09]>> Yeah, I'm just letting you know.

[00:05:11]>> Okay. All right.

[00:05:12]>> Hey, Christine 728. Can I get her?

[00:05:16]>> What's the social again?

[00:05:18]>> What happened?

[00:05:19]>> She accused me of cheating and then I started throwing stuff around. When the officer came in, he was at the door. She was on on my couch.

[00:05:28]I was yelling. I was yelling over over her.

[00:05:31]>> Was she on her stomach on the couch?

[00:05:32]>> No, she was just like like >> sitting down. She was sitting down and we were arguing.

[00:05:36]>> Okay. What if you should be real? Did you put hands on her? Did you tell her anything?

[00:05:40]>> No. Well, I tell you, but I didn't.

[00:05:43]>> Okay. I'd expect you to tell me the truth. That's >> I mean, there'll be there'll be marks on this.

[00:05:48]>> I just want someone to be real with me.

[00:05:49]You know what I'm saying?

[00:05:50]>> Be real with you.

[00:05:50]>> Okay.

[00:05:51]>> Are you going to read my American rights? I don't have to yet cuz you're technically you're just a tank.

[00:05:56]Okay.

[00:05:57]>> For as long as it takes for this investigation 15 minutes.

[00:05:59]>> As long as it takes to get this settled.

[00:06:01]Okay.

[00:06:01]>> Okay. So who figure out what's going on?

[00:06:04]We don't know who called.

[00:06:05]>> I didn't call you.

[00:06:06]>> We know you didn't call us.

[00:06:07]>> I know my wife didn't call you.

[00:06:09]>> No. Obviously you guys were fighting someone arguing. I was I was yelling out of my [ __ ] pitching my lungs.

[00:06:16]>> So she just accused you of cheating.

[00:06:17]>> Yes.

[00:06:18]>> Okay. That's none of my business or anything. All right. I'm not going to.

[00:06:21]>> No, it's cool, man. Just you guys doing your job. Like I told him, I'm coming out. Can I just get my son? He's >> here.

[00:06:27]>> This is our home >> together.

[00:06:29]>> Yes.

[00:06:29]>> Okay. Um, if we did have to have you guys just separate for the day, who has who can go see?

[00:06:35]>> I can go separate.

[00:06:35]>> You can go see mom and dad or something.

[00:06:37]Family.

[00:06:38]>> Okay. And then you said there's a son involved.

[00:06:41]>> A son?

[00:06:41]>> You said you have a kid?

[00:06:42]>> Yeah, I have three children. That one, that one, and the other one's my mom.

[00:06:46]>> Okay.

[00:06:46]>> They will all stay with me though.

[00:06:47]>> Yeah. Where? Uh >> I'm not taking I didn't see I was taking home.

[00:06:50]>> Hey. Uh so you'd go stay with mom's?

[00:06:52]>> Yeah, I could go home >> up the block over there on uh Monterey.

[00:06:57]>> Oh, down there by uh the school.

[00:06:59]>> Yeah, past the school like the next block.

[00:07:02]>> Okay. Yeah. If we can if we figure out that nothing happened, man, we'll probably just ask one of y'all to leave for the night or something.

[00:07:07]>> Um >> so just hang back tight and we'll finish this up and swear it away. Okay.

[00:07:15]>> Do me a favor. Just face that way real quick. Take a look at your back.

[00:07:20]>> Your hands.

[00:07:22]>> Um, this cuff is tight though.

[00:07:24]>> This one?

[00:07:26]>> Okay.

[00:07:27]Hold on. Hold on real quick. Let him finish cuz these are his cuffs. Let's go back here.

[00:07:43]>> Do you guys live in this one or in this one?

[00:07:45]>> This is like my little shop. That's my man cave.

[00:07:46]>> Your man cave. It's raining out.

[00:07:48]>> Okay. Have a seat right there. I'll talk to you real quick.

[00:07:52]>> All right.

[00:07:56]This cop is a little tight going on.

[00:07:59]>> This is part of an ongoing legal education series examining fourth amendment doctrine through publicly available police footage. What follows is not a recap. It is a breakdown of three constitutional questions hiding inside one domestic call. Under Kentucky versus King 563 United States 452 officers may enter a home without a warrant when exigent circumstances exist. Audible argument children on scene active distress. That combination clears the bar. Entry here was legally defensible. But here is where it gets complicated. The lead deputy's first words on scene are not, "Are you okay?"

[00:08:38]They are, "Get over here right now."

[00:08:40]Under Florida versus Bostic 5001, United States 429, a seizure occurs the moment a reasonable person would not feel free to leave. That threshold was crossed before any investigation began. Human thinking. The counterargument here is real. The deputy saw what appeared to be a man positioned over a woman in a confined space with kids in the house.

[00:09:03]Waiting to establish rapport could mean someone gets hurt. Terry versus Ohio 392 United States 1 allows exactly that kind of fastmove detention on reasonable suspicion. The law backs the instinct.

[00:09:17]Handcuffs go on. Under Graham versus Connor, 490 United States 386, restraints are a fourth amendment seizure judged by objective reasonleness. Handcuffs alone do not make it an arrest, but combine them with removal from the home, commands to stay, and the deputy's own statement, I got you detained right now, and a court will take a hard look. The Miranda question under Miranda versus Arizona, 384, United States, 436. Warnings are required only when someone is both in custody and under interrogation. A Terry detention is not custody for Miranda purposes. So, the deputy's investigative questions asking what happened, asking about the argument, those answers are admissible. For now, the conversion happens at the end of the footage. The deputy says, quote, "He is going to jail for resisting." That single statement is the legal trip wire. Under Graham and its progyny, that is the moment a reasonable person understood themselves to be under arrest, not detained.

[00:10:17]Miranda warnings become mandatory from that point forward. The footage ends before we see if that happened. Now, the hardest question, the primary aggressor analysis. She was afraid. He was over her on the couch. She kicked him defensively. She has PTSD from prior abuse. She denies being struck. State domestic violence statutes instruct officers to identify the primary aggressor, not just the first person to admit contact. Human thinking. The deputy says, "I know physical domestic when I see one." Officer experience is legitimate under Terry's totality of circumstances standard, but experience cannot replace articulable facts. A suppression hearing demands specifics, not pattern recognition. The deputy needed both. The record shows he had one more than the other. The lead deputy maintained composure, explained the subject's legal status, and considered separation as an alternative to arrest.

[00:11:11]Solid instincts. The concern entry seizure before suspicion was on the record and physical domestic substituting intuition for documented probable cause. Incomplete paper trail is a liability in court. The male subject did not physically resist. He asked the right questions. Am I going to jail? Are you going to read my rights?

[00:11:30]Legal awareness? Yes. But refusing to step outside and telling a uniformed officer to get out of my house during an active call is what anchors the resisting charge. Knowing your rights and using them badly are not the same thing.

[00:11:58]better.

[00:12:10]>> Now, were you guys when you were arguing Hey, when you were arguing, were you guys arguing out here or in there?

[00:12:16]>> Um, well, we cop in there and that's where he he started.

[00:12:20]>> Okay. But did it start out here? You know what I'm saying?

[00:12:22]>> Oh, I had Where did all this start at?

[00:12:25]>> Well, in the house.

[00:12:27]>> In the house?

[00:12:27]>> Yeah.

[00:12:29]>> Just like what, like 10, 15 minutes ago?

[00:12:31]>> Um, when did it start going 15 minutes ago?

[00:12:38]>> Okay.

[00:12:40]>> No more than 20.

[00:12:44]>> But you're saying everything was still in the houses like in inside the walls.

[00:12:48]Well, there's one in the beginning. She started walking that way and then I I was I got in my ride and I went up to her and then she I convinced her just to walk back over there and I reversed and then we were in there.

[00:13:00]>> Oh, so you were in the car and she was walking away and you drove up to her and you told her to come back.

[00:13:04]>> Okay.

[00:13:04]>> She came back.

[00:13:06]>> Was she by herself or did she have the kids? She didn't walk with the kids.

[00:13:09]Okay.

[00:13:28]I don't know why my why why didn't my name come up?

[00:13:31]>> Why did your name come up?

[00:13:32]>> Yeah.

[00:13:33]>> I don't know. They probably must have misspelled it. Normally sometimes like cuz your name's Adrian, right? Mhm.

[00:13:38]>> No middle name.

[00:13:39]>> Two N's, two E's. it. If they spelled it wrong, that's why probably didn't come up. That's why running you by social is probably just better.

[00:13:58]>> What's your mom's name?

[00:13:59]>> Priscilla.

[00:14:00]>> Priscilla. What's her address?

[00:14:02]>> All right. So, she used to live by here, but not no more. No, but what's their address on uh Monterey?

[00:14:11]>> I I honestly don't know.

[00:14:12]>> Does it live with dad live with him? Got a nice big fountain in front of it.

[00:14:16]>> Yeah.

[00:14:16]>> 804.

[00:14:18]>> I don't I don't know.

[00:14:18]>> It's like almost close to the corner of Monterey Herosa. I met your dad the other day.

[00:14:24]>> Yeah. He does a lot of work.

[00:14:27]>> We're cool with four.

[00:14:31]I met your dad the other day cuz he called us because we're carted.

[00:14:38]>> Can you give me some shoes there?

[00:14:41]>> Give me some shoes, please.

[00:14:52]>> Come inside, please.

[00:14:54]>> So, let me ask you something. How many times does he need to tell you to come on out when there's an incident going on?

[00:15:00]>> Well, at first he caught me at caught me by surprise.

[00:15:03]>> But still, >> I mean, but still like he was in his uniform. All good stuff.

[00:15:06]>> I refused to talk to you tomorrow.

[00:15:08]>> Okay.

[00:15:08]>> He didn't resist. There was no resistance.

[00:15:10]>> There was no resistance, man.

[00:15:11]>> Okay. When I told you to come outside, you did not. You kept on telling me no.

[00:15:15]>> It was a You kept on telling me no. And then you told me that to get out to get out of your property. Now, me getting out whenever obviously something's going on.

[00:15:24]Huh? You didn't let me get my sand though. I'm talking about >> I did. I did. Once you I told you I told you to get my sand.

[00:15:31]>> Yes, I did tell you you could get it real quick.

[00:15:33]>> Yeah. And I did.

[00:15:33]>> Yes. But you weren't listen to me at first when I first told you to come outside.

[00:15:38]>> You were refusing to come out and you were telling me to get out.

[00:15:41]>> Is that the only you guys got on me? Cuz I mean like honestly >> Do you want to play a game? I'll take this to hear and I'll get you for a battery.

[00:15:50]>> I honestly didn't hear him.

[00:15:52]>> You You heard him enough where you told him to get out. Oh, I turned around and I was like, >> "So, tell you if you want to do that or not."

[00:15:59]>> He says he says that she he was on top of her inside of the Mhm.

[00:16:05]>> like he was over he's over so I can't tell she won't she won't talk.

[00:16:12]>> She keeps on saying that. But did you see him?

[00:16:15]>> Yeah. Well, like my girl was watching video footage cuz my video camera like she's like punched over on the couch.

[00:16:22]He's like over and then when I called in, you know, I mean first off you were alone. You can get that.

[00:16:30]>> Yeah.

[00:16:37]>> Okay.

[00:16:43]Hi, sweetie. like your doll.

[00:16:47]Can you come here real quick? Hey. Hey, can you just come here real quick? I just need to ask you one question.

[00:16:52]>> He was cooperative at the moment.

[00:16:54]>> Now, here's here's the only thing I want to ask. Okay.

[00:16:56]>> Okay.

[00:16:57]>> So, he says he was over you on the couch.

[00:16:59]>> Yeah.

[00:17:00]>> And I did kick him off.

[00:17:01]>> Okay.

[00:17:01]>> I did, but I thought Well, I mean, it was a reaction.

[00:17:05]>> You afraid?

[00:17:07]>> I mean, >> he was over.

[00:17:10]>> Yeah. I mean, that's why I like freaking kicked him off. I mean, I've been in situations before.

[00:17:14]>> I mean, I've been in not with him >> abusive relationships >> before.

[00:17:18]>> Okay. So, you were afraid of >> So, I have like PTSD, but like I I didn't He would didn't hit me.

[00:17:25]>> Okay.

[00:17:26]>> He was over me yelling at me. He thinks that I took his money. I did not. But I He didn't hit me. He didn't put his hands on me. I kicked at him. I did kick him.

[00:17:36]>> But you were afraid.

[00:17:36]>> Yeah. But I didn't. But he never hit me though.

[00:17:40]>> Okay. He never put his hands on me.

[00:17:42]>> Uh, do you own anything in this part of the house? Is any of this in here yours?

[00:17:46]Do you own any items?

[00:17:48]>> I mean, I don't know why.

[00:17:49]>> Say bye, Mom.

[00:17:50]>> Say bye to Mother. Say bye to >> No, I mean, he hasn't broken anything.

[00:17:54]>> Bye.

[00:17:54]>> No, there's nothing broken. Bye, baby.

[00:17:57]>> Okay.

[00:17:59]>> That's all I need to ask.

[00:18:00]>> Okay. What? What? You taking him to jail?

[00:18:02]>> Yeah, he's going to go to jail for resisting right now cuz he didn't resist.

[00:18:06]>> He was given a lawful order. Yeah, but he but but he he put his hands up and he and he figured and didn't.

[00:18:12]>> But when he was told to get up and get out, >> but you got he didn't do it. No, that's a lawful order. When someone looks like they're in fear and they're getting hurt, >> it's a lawful order.

[00:18:20]>> I understand. But but he was he did >> he did okay, but he did go.

[00:18:26]>> He was just It was just a heat of the moment situation.

[00:18:30]>> He didn't He was fine.

[00:18:33]>> He was fine. Um we were arguing. We were arguing and you know like we were arguing and >> when I just saw what I just saw the video you were like crouching over at the uh the couch. Okay. Like you're about to get struck >> ma'am. He >> Okay. So you can play all this game stuff. Okay. Been around a long time. I know a physical domestic when I see one.

[00:18:55]Okay. And then when he told him to come on out, he to pretty much told him to get out. Did he or did he not?

[00:19:02]>> Okay. Okay then. All right. We're done.

[00:19:05]Get get him arrested for that.

[00:19:08]>> Lesson one, your home is your castle, but not a legal shield during a domestic call. Under the exigent circumstances doctrine, officers responding to credible reports of imminent harm may enter without a warrant. If law enforcement arrives at your door on a domestic call, compliance first, legal challenge later. Arguing at the threshold does not protect your rights.

[00:19:29]It creates new charges. Lesson two. The moment handcuffs come out, the legal talk starts. Under Graham versus Connor, every use of restraint is a Fourth Amendment event subject to review. If you believe you are being unlawfully detained, say it clearly once, then stop talking. Your statements during a Terry detention are admissible. Silence is not obstruction. It is strategy. Lesson three. In a domestic call, the primary aggressor call can be the difference between going home and going to jail.

[00:19:59]Who has a victim? Communicate fear clearly and immediately. If you are not, understand that positioning, tone, and witness statements all feed the officer's analysis before you say a word. Context is evidence before the conversation starts. Resources for domestic violence support, including the National Domestic Violence Hotline at 1800799 SAFE, are linked in the description. The line between detention and arrest is measured in seconds, in words, and in four factors a reviewing court will weigh. That is the line every officer walks on every domestic call.

[00:20:34]Thanks for watching.