But, we started noticing the phones and then coins, you know, like flat of silver coins, like the real expensive ones, were showing up missing. And that thing felt like a ton of bricks. I'm like, I don't care how much ice you have in this thing, there's no way it's this heavy. So, once he came back in, we had him you know, open it up. He's like, "It's just water and ice." We look in there, you can see the the containers with the with the coins in it. So, he's admitted to stealing phones, but we actually caught him red-handed with these coins on his person. >> On September 19th, 2024, police responded to a UPS distribution facility in the Houston area after a warehouse employee was found with stolen silver coins concealed inside a personal water tumbler and had already confessed to his employer before law enforcement arrived. Three legal frameworks control this case, the private search doctrine, Miranda, and Texas theft grading. >> Started noticing around that time, down in Willowbrook, down in Houston, hey, we're getting a lot of theft just phones, cell phones from that one trailer. Like, I don't have any other theft issues, but just that one trailer. So, me and partner down south been working together, back and back and forth. >> Down south, what do you mean down south? >> In Houston. So, he So, this guy loads a trailer that goes to Houston. Right? He said there's two other guys that are in that trailer with him. He won't snitch on them. But, we started noticing the phones and then coins, you know, like flat of silver coins, like the real expensive ones, were showing up missing. They're being scanned that they left here, but they were never or they would get to to Houston, they would open the trailer, they're unloading the trailer, the boxes are all empty. So, they were stealing them out of the packages here, leaving the empty packages in there, and then, you know, finding ways to conceal and get it out the door there. So, today after we started bringing him in, without you know, we didn't have to bring up cameras or anything like that, A bit of questioning with me and my partner, and he confessed that oh, I've stolen phones. Doesn't have any on him right now. Well, when him and his union steward stepped outside to speak, as they're allowed to do that, he had his water jug sitting there, and there's a tumbler. So, me and my partner went to go pick it up, and that thing felt like a ton of bricks. I'm like, I don't care how much ice you have in this thing, there's no way it's this heavy. So, once he came back in, we had him Yeah, open it up. He's like, it's just water and ice. Look in there, you can see the the containers with the with the coins in it. So, he's admitted to stealing phones. We actually caught him red-handed with these coins on his person. >> Okay, but did you see him? Did he admit to taking those coins? >> Yep. >> Okay, and when, and do you have a witness? >> Yeah. Yeah, my my partner's in there when we questioned him. His union steward was in there when we questioned him. They're all still in the office. >> Okay, yeah, but I mean, we have to have a little I mean, we have to have We have to have actually somebody see him take them and and and put them in the you know, there's got to be something connecting him to those coins. >> video. I I mean, at the moment, no. He He admitted it's to stealing. He said >> Okay. And and and that's cool. I mean, that's that's all that's everything that we But but to take him to jail, we have to have >> Pretty simple. >> You Right. We have to >> Corporate witness he spoke to me. >> Uh >> Uh the liable witness, I'm saying. So, as of now, we'll probably put charges on him. How to address the jail with us. >> And we can and we can gather as much information as we can, but we're going to have to Mirandize him. >> Right. >> First of all, and then then he can tell us to >> Right. >> You know, so >> Right. I mean, I'm here to follow whatever instruction and direction you give me. >> Okay. >> So, if it's if you only file charges, charges is is fine. You know, obviously I'm going to you know, deactivate his badge, get him off property. >> should get that burger to do a witness statement on Okay. >> I mean, I'll Yeah, type my note and I can you know >> What are you guys What are you guys going to be doing for Are you guys terminating him? >> Yeah. >> And you want to pursue charges? >> Yes. >> Okay. So, right now we have we have the The only thing we have is his admittance of stealing phones. And we And then we have this. So, how And we just need we need the the quantity, the value of the that. And then um his admittance to what he was stealing. And then the CID will investigate the whole Yeah. >> Anything you need And we use this time stamp happen everything. So It's on there. So, wait. I got to guess what I'll do. Here it goes. >> Did Does he know you're for >> Without getting him angry and then he goes he's got some >> And how are you doing? >> You can't stand next to me. Okay. Look at my friend. Sad. Gentleman is still in there. He's in there. >> So, I'm going to >> You get a count of uh coins? >> I didn't know. >> Okay. >> 6 >> I honestly like you just >> That How you doing, sir? >> How you doing, ma'am? >> Hello. >> Is it there? I'm also going to give you the Miranda rights, if you don't mind. >> Okay. >> Good. All right. Before I ask you any questions, tell you anything, I'm going to have to read you your rights, okay? All right. All right. Is your your Miranda warning? You have the right to remain silent. Anything you say can be can and will be used against >> [sighs and gasps] >> Did you take these coins? >> I did. >> You did? Okay. You You them out of a package or how did you how did you take them? >> Where did you get the coins from? >> Yeah. I get >> You took them out of a package or something? >> Where they got shipped. >> Okay. All right. >> [sighs] >> Okay. Did you know the value of these items before you took them? >> Yeah. >> How much? All right. Uh, did you take anything else on this property? >> No. >> No? You didn't take anything else? Okay. Uh >> Hold on. Do you need to call your wife? >> Yeah. >> Okay. Call your Can he call his wife, though? >> At this point, no. >> No, we can't call his wife? >> Not right this minute. We're still investigating. >> I'm I'm sorry. I thought you were done. I'm sorry. >> Okay. Yeah, we're done. Okay. Just a few questions. When you took the coins, you put them in this bottle here? Okay. And when did you take those? When did you When did you actually remove them from packaging and put them in the bottle? >> Um this morning. This morning. >> This morning? About what time? Where Where at? Where were you at when you took them? Where were you at on the property? >> What you mean? >> Were they in the truck or were they on the line? >> Yeah, the truck. In the truck. >> So, they came out of the back of a truck? >> Yeah. >> Okay. And where was the truck parked? >> Um I don't know. Door 101. >> Door 101? Okay. And you don't know how many you took? You don't know the value? You You haven't taken anything else from this property ever at any point? You've never taken cell phones. You've never taken >> Yeah, I have, but I mean >> Okay. So, when was When did Not today. >> Okay. But over the course of how much time did you take? >> Yeah, >> You don't How long have you worked here? >> A couple of >> A couple months? >> I haven't even been here that long. >> You haven't been here that long. Do you have um a general idea how many phones you've taken? Okay, do you know what type of phones you've taken? Not You don't know what kind of phones you took. But you took some phones, you just >> I don't know. >> Okay. Okay. Have you um written out a witness statement to them telling them what you did or no? >> No. >> Are you willing to? >> Say what? >> Are you willing to write out a statement? >> I mean, what's that going to do? No, I'm asking. >> I mean, it's a statement, it's just you being truthful. That's all it is. >> I was already I already did that. >> Okay. Okay, that's fine. I was just asking. Sometimes Sometimes they have you write out a witness statement, so that's what I was asking is if they if they had you write >> I didn't I didn't write nothing. I just signed them. >> Start with the Fourth Amendment. It restrains government actors, not private employers. When UPS Security opened that tumbler and found the coins, no government search occurred. The Supreme Court established this in Burdeau versus McDowell, 1921. United States versus Jacobson, 1984, extended the rule. Once a private party exposes the contents of a container, officers may examine those same contents without a warrant provided they do not exceed the scope of the original private search. That principle alone eliminates virtually all Fourth Amendment exposure in this case. Miranda versus Arizona, 1966, triggers only when two conditions coexist. Custody and interrogation. Custody is not defined by handcuffs. Under Berkemer versus McCarty, 1984, the test asks whether a reasonable person would feel free to end the encounter and leave. A workplace interview seated with a union representative present is arguably non-custodial by that standard. By delivering the Miranda warning, regardless, the officer extinguishes that argument before it can be raised in court. However, the Miranda delivery on camera is incomplete. A question was inserted before the full four-part advisement concluded. Courts may find the admission admissible under a totality analysis, but the procedural gap creates an appellate vulnerability that clean execution would have prevented. On voluntariness, Schneckloth versus Bustamonte, 1973 holds that a waiver is valid when measured by the totality of circumstances. Absent threats, promises, or coercion statements following a Miranda warning are generally admissible. No coercion is visible on camera. Even so, a confession cannot stand alone. The corpus delicti principle requires independent evidence that a crime occurred. The officer correctly identified this and sought corroboration through witness testimony the coins recovered in the tumbler and ACID investigation referral. On the union steward NLRB versus J. Weingarten, 1975, grants union employees the right to representation during employer investigatory interviews. That is a labor protection. It shields the employment relationship, not the criminal defendant. A union steward protects a worker's job. Only a licensed defense attorney protects a person's liberty. The two protections run on entirely separate tracks, and confusing them here carried consequences the subject did not anticipate. On charge grading, Texas Penal Code section 31.03 grades theft by the total value of property taken rising from a class C misdemeanor below $100 to first-degree felony above 300,000. Section 31.09 then permits aggregation separate thefts committed under one continuing scheme are charged as a single offense with values combined. An extended pattern of theft phones and collectible coins over months satisfies that standard. The final charge grade is not determined by the number of incidents. It is determined by the total assessed value. >> Okay. Uh you have your ID on you, sir? License? Then I must stay quiet until you talk to me. >> [laughter] >> I've learned >> No, I just I just you want to make sure that we get all the questions that >> all the addresses on here for it. >> Um and we'll just need to sign We'll have to get pictures. Just hang up the phone. Yeah, we had to get pictures of all this, too, before we um before we leave. And then you guys have witness statements you're going to you and your other cuz we need so And then a return of property because you're going to do one of your sheets on the property and it'd be returned to you. >> Yes. >> Okay. So, let's get pictures of that real quick. Let's get this If I could do to get pictures of it over here. Well, hold on. Can she come by here? >> Yes. I don't That's what I was trying to see. I think she said she was on her way. Well, I mean, the keys are I I'm not going to be responsible for them, but they might be able to hold the phone, but I can't. But I I won't be responsible for your your stuff. >> No, I understand. >> You know what I'm saying? But I'll I'll let I'll let him make that decision if he wants to do >> Sure he don't got it. >> He gets it all. >> So, I had to hang up the phone. I was trying to see if she was saying she was on her way. >> Yes, that that was returned cuz we'll need a copy of that. And this is all the property you have? Okay. >> Do you want this badge? >> Yes. I guess when you get to a stopping point at some point, just just reply to the text with your email address and then >> If I can get it all >> That'll save us a lot of time in the future. >> I don't know. I'm not going to take your laying your manager. You laying your bro? What's your manager? I'm only my stuff in here from now on. I'm going to come back. All right. >> Oh, thank you. Let me unlock. Yeah, let me You got to unlock. I'll turn it on. Yep. You get this seat. The one somebody wanted. So, I'll be able to touch you when we get >> Yeah, I need We need to >> Oh, [ __ ] >> Yeah. >> Uh-uh. Oh, [ __ ] Hold on. My phone is All right. All right. All right. All right. All right. All right. >> Yeah, we can do it soon. Ready? Yes, yes, there are two that I don't know if that's missing. We'll take that too and we won't have that put through the system. >> Okay, got you. Do you want to pick it up or do you want me to email it to you? Uh, okay. >> With that information, you can just >> Email >> If Yeah, you can email all of it. >> Yeah. >> Cuz we'll have to come back out and pick up the >> Okay, got you. >> Let me Let me have him put on the air, okay? >> Is the air on? Okay, cuz this guy's hot. >> [laughter] >> Don't hit that brake. >> The responding officer earns a B plus. He identified the Miranda obligation without being prompted, correctly articulated the corpus delicti requirement to the supervisor, and coordinated corroboration through witness statements, evidence photography, and a CID referral. The deduction comes from the interrupted Miranda delivery. The investigative strategy was sound. The execution of the warning was not. The subject earns a D plus measured strictly by legal decision making. He confessed to his employer before police arrived. He waived his right to silence post Miranda without requesting counsel. He then volunteered prior cell phone admissions unprompted expanding both the scope of the investigation and the potential grade of the charges. Under Texas aggregation law, each voluntary disclosure gave investigators the road map to a higher felony tier. The department earns a B plus. Fourth Amendment protocol was correct. Miranda was administered. The decision not to arrest on a confession alone pending value assessment and CID investigation reflects sound prosecutorial judgment. The only open issue is the Miranda delivery, a training correction rather than a systemic failure. Three lessons. First, private employer searches reach where the Fourth Amendment cannot. Evidence gathered by UPS security required no warrant and carries no suppression risk when handed to law enforcement. Second, the right to remain silent is absolute and self-executing. No legal training is required to invoke it. Every statement the subject made after police arrived was voluntary and its silence would have left investigators with physical evidence alone. Third, in Texas, value aggregation converts repeated petty thefts into a single felony charge. The subject was not confessing to small separate incidents. He was constructing one felony count one admission at a time. 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