All right. So, we do have to turn around
and put
>> Am I getting arrested?
>> I have to detain you at this
>> Okay.
>> You have tiny wrists.
>> On July 13th,
2025,
a female officer responded to a retail
theft call at a store in Florida. An
18-year-old
South Carolina resident visiting family
and scheduled to fly home that evening
had been caught concealing merchandise
in her purse. Under Florida statute
section 812.014,
theft is classified by the value of the
property taken. Merchandise valued under
$100 is petit theft of the second
degree, a second-degree misdemeanor,
carrying up to 60 days in jail and a
$500
fine. At $100 to $749,
it becomes a first-degree misdemeanor up
to 1 year in jail. Cross the $750
dollar threshold and the charge jumps to
grand theft, a third-degree felony with
up to 5 years in state prison. The value
of the merchandise determines
everything. Section 812.015
governs retail theft specifically. It
grants merchants what is known as
shopkeeper's privilege, the legal
authority to detain a suspected
shoplifter in a reasonable manner for a
reasonable time when there is probable
cause to believe theft has occurred.
That privilege requires three elements.
The suspect must select merchandise,
conceal or remove it, and the merchant
must maintain continuous observation
throughout. Loss prevention here
established all three.
They watched the subject select items
and place them into her purse.
>> Well, hello.
>> Hi.
>> Hello.
>> Hi.
>> Hello, how are you?
>> Tired.
>> Tired cuz it's 2:00 in the morning.
>> Oh my gosh, I'm so sorry. All right, so
these are the items that she concealed
in her purse. We watched her select
everything and put everything in stuff
her.
Um, is this her ID?
>> No, that doesn't matter. That's just out
there.
>> Yeah.
>> Um,
so they've been really cooperative. I
thought that she was a minor at first,
that's why the family is in here,
otherwise they would have stayed out.
Um, but yeah, they've been really really
cooperative.
>> She's 18.
>> Yep.
>> Yep, just turned 18. Yep.
>> I'll let you talk to her.
>> Um,
my pen is broken, so I've got to write
the affidavit, I'm sorry.
>> South Carolina.
>> Yeah.
>> Trying to find the doggone
>> Sure.
>> 3 different counties.
>> Yeah.
>> I did like 324 like 65 South Carolina
deal.
>> Okay.
>> So, family?
>> Yeah.
>> Unfortunately.
>> She ever been in trouble before?
>> No.
>> No.
>> No, she almost had a heart attack out of
our house by her stepdad for getting a
speeding ticket.
>> Okay.
>> She has been
>> Do y'all live here in Florida now?
>> No, we're visiting my parents. We're
going to leave tonight. I'm meeting my
mom for like a early dinner.
>> All right.
>> So, she's 18.
This is family. They live in South
Carolina. They're leaving tonight to go
back to South Carolina.
She just turned 18.
Mom, correct?
>> Yes.
>> All right.
Miranda, do you know what we call
Miranda warnings? Okay.
You have the right to remain silent.
Anything you say can and will be used
against you in a court of law. You have
the right to talk to a lawyer and have
them present with you while you're being
questioned. If you cannot afford to hire
a lawyer, one will be appointed to
represent you before any questioning, if
you wish. You can decide at any time to
exercise these rights and not answer any
questions or make any statements. Do you
understand each of these rights I've
explained to you?
Having those rights in mind, do you wish
to speak to me?
>> Yes, ma'am.
>> Okay.
So, what
what happened?
>> know. I was just feeling really down and
so that's why
>> Okay. Thanks.
>> She asked for put it in the buggy like
we were just trying to get out of my
parents' house for a little bit cuz it's
75° and they're like, "It's sunny where
you're in here. Let's go to the store.
Get it Get it to me. Give what you
want."
>> Okay. So,
you can see what I'm in your purse
there.
>> Yes,
I I can look [clears throat] in my purse
right now.
>> I'm going to. I'm going to search you,
too, so.
>> I have nothing. I gave them everything.
>> All right.
To be honest with you
>> Do you have anything on your
person I need to know about?
>> I gave them everything I had.
>> That's fine. I I meant more along the
lines of any weapons or
>> Oh, no, ma'am. No. No.
>> Okay. All right, I'll just have you
stand right here for a minute. I'm just
going to search you.
One more time.
I'm going to get phone to mom tonight,
okay?
>> Okay.
>> You're fine.
>> Yes, ma'am.
>> It's just your droplets.
>> You're fine. I'm just going to have you
face this way for a little bit.
All right. So, you do have to turn
around and put your
>> Am I getting arrested?
>> I've detained you at the moment.
>> Okay.
>> You have tiny wrists.
I'm going to do like 324 like I have the
female detained.
All right.
I'm going to have you sit here for a
minute.
>> Am I getting arrested?
>> So, here's the thing.
You're not a resident of Florida.
So, I can't issue her a notice to appear
because you live out of state. So, she
has to go to jail for it.
>> Can I drive here? I can drive down to go
to the court.
>> Unfortunately, no. There's no way to
>> Anytime you don't live in
you have to go to jail for the offense
because our notice to appear is for like
if you were a resident here it'd be
different than if you don't have any
criminal history we can
>> If you don't live here in Jacksonville I
couldn't give you one of those court
>> Yeah, you have to live
>> Can we use like my grandma's address and
we I'll drive down
>> If she has no priors it's going to just
be a misdemeanor offense. I think it's a
$500 bond. If you use a bondsman you
just pay I think the minimum is $100 so
it'd be $100. So you could go literally
right up there she can post her bond and
she can get right back out. But she is
going to have a court date she's going
to have to come back for court
um the whole deal.
So um you know if she was still a
juvenile it would have been honestly the
same scenario if she was a juvenile.
>> How long does she stay in if I don't
come bail her out?
>> Until she bonds out.
>> out or time served 30 days 45 days
>> So
Yeah she's here.
We need it by Saturday I don't know I
can't just let my 15 year old brother
and his family
cuz he did something so freaking stupid.
>> I mean if she has family here and they
want to bond her out and pick her up but
>> They're
not even religious.
>> You're under 21 in the state of Florida
you also cannot
>> That that's not mine that's my mom's.
>> Okay it's in your possession so I'm just
telling you that you can't have that in
the state of Florida till you're 21.
Okay so it'll go to your mom but
you can be issued a citation for that
and that's a whole 'nother I'm not going
to but just so you're aware okay.
I'll say it
>> and then I'm not just trying to be rude
about it. It's just this simple fact
that you you're not a resident here. So,
I have to take you. It's, you know.
>> like use my grandma's address or
anything to like save it?
>> You're not a resident. You're a resident
of South Carolina,
unfortunately.
>> So, now I need to call grandma to bring
me everything. Okay, well, grandma will
meet you because your grandmother is in
jail.
Her purse, her What is that? Sunglasses
putting my money in the bunny?
>> Do you want her purse to go to your mom?
>> Yes, please. Your glasses are back here
so they don't get
so messed up.
>> She can't have that. I have to
I'm going to make sure that goes to you.
>> Can you please call my mom and tell her
that I'm in jail?
I have other stuff I forgot to tell
>> You can go ahead.
>> But the critical legal issue in this
encounter is not the theft itself. It is
the arrest. Under Florida rule of
criminal procedure 3.125,
officers may issue a notice to appear
for misdemeanor offenses in lieu of
physical arrest. A notice to appear
functions like a written citation. The
accused signs it and appears in court
later without going to jail. However,
rule 3.125
lists six disqualifying conditions.
Condition four is determinative here.
The accused has no ties with the
jurisdiction reasonably sufficient to
assure appearance. An 18-year-old
South Carolina resident visiting family
has no permanent Florida address, no
local employment, and no established
community ties. This means the officer
cannot issue a notice to appear.
The only option is a full custodial
arrest, handcuffs, transport to county
jail, booking, fingerprinting, mugshot,
and a bond hearing. For a first-time
offender caught shoplifting items worth
less than $100, the procedural
consequence is disproportionately
severe. The officer's legal explanation
was substantively correct but slightly
overstated.
She told the family the subject has to
go to jail because of out-of-state
residency. The rule uses permissive
language, may not mandatory. But in
practice, most Florida departments treat
non-residency as an automatic
disqualifier for NTA issuance.
Policy converts discretion into mandate.
The Miranda advisement was textbook. The
officer read all four components,
obtained verbal confirmation of
understanding, and then asked the
critical follow-up, "Having those rights
in mind, do you wish to speak to me?"
The subject waived her rights and
immediately confessed. Under Berkemer
versus McCarty, Miranda applies to all
custodial interrogations regardless of
offense severity. The officer met this
standard. However, the subject's
decision to waive and confess, while
honest, eliminated any viable defense
strategy. An attorney would have advised
silence. The officer also discovered
what appears to be an alcoholic beverage
in the subject's possession. Under
Florida Statute Section 562.111,
possession of alcohol by anyone under 21
is a second-degree misdemeanor. The
officer chose not to charge a sound
exercise of discretion, given the
existing arrest. One consequence the
officer did not mention, under Section
812.0155,
a conviction for petit theft triggers a
mandatory 6-month driver's license
suspension on first offense, up to 1
year on second. This is automatically
imposed administratively by the
Department of Highway Safety and Motor
Vehicles, not by the court. Petit theft
is also classified as a crime of
dishonesty.
This designation can affect employment
applications, professional licensing,
college admissions, and background
checks for years. For an 18-year-old
just beginning adult life, these
collateral consequences may far outweigh
the criminal penalty itself.
>> 26, she's 17, 15.
How
long is her booking?
>> Our jail's pretty quick. Just a couple
of hours.
>> time there
and yeah, me typing up the paperwork
there.
>> the end of the shift, so
>> Could she like follow us
>> No, I mean she can't. She's got
>> She's still going to have to wait until
>> Probably going to be a couple hour
process.
>> probably about 2 hours cuz it's going to
take 30 minutes to get there and then
paperwork and then
>> Take your picture, your fingerprints.
>> I'm going to take this with me. They'll
put it in her property. When she gets
out, she'll get her ID back. Okay.
Is it possible this 88 number is
Scrub my thing.
We are supposed to be back in 10 minutes
and then I have to go to jail for hours.
What do you think I'm not going to let
the girl just sit there waiting?
>> That's jail address.
>> Do you have any
phone numbers you wanted to have?
>> I know phone numbers but
>> Okay, so you're good on that part.
>> Will you send me
statement when you get it?
>> You said the time. I'm going to go ahead
and
>> Yeah, can you send her a link?
>> Huh?
>> Send her a link.
>> Okay.
>> I'll be there pretty quick.
>> Yeah, I know. I will but if you can just
>> I'll be right back in a minute.
>> Okay.
Whose file is this?
>> That's not ours.
>> Not yours? Okay.
>> Well, that's it. this is my mom's car.
That's ours.
>> Oh, well, yeah. Yeah.
Well, that is a lesson to learn.
We're going to go all the way down to
that next fire department.
>> So, what all do we have to do?
>> Basically, I'm going to take you to the
jail that's in a totally different town
from here. It's about 30 minutes away.
Um
I'll work on the paperwork. They'll take
your picture, fingerprints. Once you're
booked in, you'll have the bond set. Mom
or someone, if they want to bail you
out, can come bail you out. If they
choose not to do that, then you're going
to have to sit there until
>> going to be like on my record forever?
>> Yes.
Do you stand by real quick while I speak
to them?
>> because I'm going to school to get a lot
of scholarships?
I don't want to affect my career.
>> Probably not.
>> I don't want to affect my career.
>> I mean, they'll probably ask you about
it.
>> I don't need my seat belt.
What's the difference between the two?
>> Felony, you can't own a gun, you can't
vote, you can't
do a lot of things.
>> What is going on with this?
>> I used your ID.
>> Is it because it wasn't a certain amount
or something?
>> It's because you're not a resident in
the state of Florida.
>> That's the only reason why. Can you see
>> to see if you can get that.
Whenever I get there, can I call people
or do I have to wait?
>> to wait till they book you in.
>> But then there's
they have like payphones in the cell.
So, you can
>> They're free in booking.
>> But they're free in booking. So, you can
make a call.
>> Like whenever I'm waiting to get booked?
>> No. No.
>> Hey Marci, I'll get the air going back
here for you, okay?
>> I appreciate that. Thank you.
>> Whenever I get there, I'm going to be
changed out of my clothes, too?
And everything
changed?
>> Um
>> What?
>> They'll change her into like
>> Yeah, and different shoes.
>> And you get a
Florida ID. Is that like my ID or
>> All right. I'll get the air going for
you in just a second.
>> off.
>> Oh, thank you.
>> Turn the light before you take her off.
>> Yep.
>> And we're good, all right?
>> Mhm.
>> Yeah.
>> I'll just send you the booking sheet.
>> Thank you.
Appreciate it.
Just what I wanted when I'm tired as
crap.
>> Now for the grades. The officer receives
an A minus. Miranda was administered
correctly. The search was same gender
and professional. The NTA analysis was
accurate in practice. Discretion on the
alcohol charge was appropriate. And her
empathy throughout explaining the
process patiently to a frightened
teenager and a frustrated family was
exemplary. Points deducted for not
informing the subject of the driver's
license suspension consequence. A
conviction carries that penalty
automatically. And the subject deserved
to know before deciding whether to waive
Miranda and confess. The subject
receives a C plus. Full cooperation. No
resistance. Genuine remorse. But she
waived Miranda and confessed without
counsel locking in the prosecution's
case. And the underlying conduct,
however minor in dollar value, produced
a permanent adult criminal record at the
worst possible time, weeks after turning
18. Loss prevention receives an A.
Continuous observation, proper
identification of concealment, correct
age assessment, and a cooperative
handoff to law enforcement. Textbook
retail theft detention, three lessons.
First, for travelers, if you commit even
a minor misdemeanor in a state where you
do not reside, you may not be eligible
for a notice to appear. That means jail,
bond, and a mandatory return trip for
court. Your home address can be the
difference between a citation and
handcuffs. Second, for young adults,
turning 18 changes everything. The same
shoplifting charge that would have been
handled through the juvenile system with
potential sealing or expungement now
creates a permanent adult record.
There is no do-over. There is no reset.
Third, for everyone, never waive Miranda
without consulting an attorney.
Cooperation and honesty are admirable
qualities,
but in a custodial setting, a confession
is evidence.
Silence is a right, and the difference
between the two can define the rest of a
legal case. Let us know if there is an
interaction or legal topic you would
like us to cover in the comments below.
Thank you for watching, and don't forget
to check out our second channel, Street
Body Cam, for even more police
interaction and courtroom content.