That you take these buys, I see you on camera taking cash, putting in your pants. More than 200 times? More than 200? Yeah. I wouldn't say that. >> Less than 200? I know this makes me look like a stealer, like I'm stealing money, like I'm That's like the most thing you could probably ever steal from somebody. It probably makes me look bad. It makes me look that I steal things, but I don't. In September 2022, a Florida store owner discovered his numbers didn't add up. Sales rang through, cash left the register, but the merchandise behind those transactions had never existed. Eight months, one employee, one body camera rolling. Um have you said anything to her? >> No, absolutely not. Okay, right there. No, sir. Okay. Um now the video surveillance, um I noticed there's the 14th from this morning. Yep. And if I got that correct, you can't pull up any records or print out Are you able to print that anything from the registers? From maybe yesterday, but not today. Okay. So nothing from today. So now like you know some registers like you can't do a finalized report or a front where you might be able to print like a Yeah, I can probably I can probably call Laura and get it done. And she might be able to do it and send it over to me. Got you. Yeah. Okay. Now I know she had cameras on the 14th and 12th. What happened to the 13th? There was two days there. Were you able to get a third day? Today the 14th and 13th. >> Today's the 14th? It was It was the 13th and 14th she did, not on the 12th. Did I put the 12th? What is that? I thought Yeah, you wrote 12 on the envelope. So All right, so the date is wrong on the envelope. So it's today and yesterday. >> Okay. And did you go back to look at anything on the On today's? Was she working on the 12th? >> um No, there there wasn't there wasn't any discrepancies on the on that. Okay. Yeah, there was no discrepancies on that. As far as if you look at those sheets that I gave you, I think it was the just the 13th and the 14th. I think the 12th is clear. Okay. Cuz what we're going to try to do is we're going to try to talk to her, okay, and try to get a confession out of her. Right. Cuz right now I'm trying to push for scheme to defraud or a felony, but right now the only evidence that we have is the misdemeanor theft. Okay. Okay, which is today. Cuz what what we have right now that we can document that we have evidence on is her stealing money today and stealing money >> yesterday. Okay. Right. Now, so as far as the other Yeah. 9 months, 8 months Yeah. Yeah, but I mean this this can be pushed further too cuz I mean that's just Yeah, we have we have to really like Yeah, I know. Right now. Yeah, with the evidence there. That's why we reached out. These are some of my detectives that are coming with me today. And we were just trying to we like listen, we're trying to push for the felony and all that kind of money, but as far as the evidence you know, the state could sit there and turn around and be like, well, how do we prove just because >> Yeah. So she gets on the computer, it's her number, she's the only one that can get in the computer with her number. That's why the inventory is That's why I told you about that inventory. If you're willing to do the inventory, the other thing is Yeah. I already talked to my people. They said here here's the call data scan, get it do the inventory. She's willing to do it. No, I I will do it to get my $16,000 back. I will do it. Okay. But the the witness the witness No, the victim advocates they don't reimburse for restitution for restitution wise. If she goes to jump on the felony, right? They're not going to give her restitution. Will they give her restitution to pay back to him the $16,000? They will. Okay. Oh, yeah. That's what I'm asking. If he's out any any monetary value Oh, yeah. they take that into consideration and so let's say we get her and she only has five grand, well, they're going to tack on the $11,000. If we can prove that it was $16,000 they would tack on the $11,000 for restitution of the money. All I All I got to do is an inventory and the And merchandise isn't here and it's still in computer, and never sold. It's fake. It's fake. Yes. It's fake. And that I can do. Yes, we need all of that. Okay. That would help us >> going to have to do it. I'll have to call DataScan and get that done. Cuz let's say today we figure all this out, and let's say we talk to her, and she said, "Yeah, I did do absolutely every bit of it. I'm sorry for doing it." Yeah. Now it's proof. So, the charge that will she would get would not only stick if that evidence was provided. If it doesn't, we'll just drop the whole case. She'll end up doing like a petty theft or something. Okay. Just based off the last few days that you can prove on video. Okay. >> State wants to prove it. We can prove it later after we arrest her, cuz there's still time for trial and stuff. Yeah, exactly. >> That's That's why that's such an issue for us as far as I thoroughly understand what you're talking about. >> It would just sabotage the whole Yeah. degree of crime she committed, so I'll I'll get I'll I'll do I'll do I'll do I'll do a play I'll do a thing on it, no problem. Okay, cool. It'll take me a few weeks. Right. Maybe a month to get it done, but I can do it. >> And that's why I mentioned that earlier, cuz I did explain to them, you know, earlier that hey, without that inventory, we don't we can at least slam dunk and say I'm missing 1,000 Yeah. pieces of I thoroughly understand what you're talking about. No problem. All right. Proof. And proof. All right. Okay, I've got it on the computer. Now I got to show it to you in the in the inventory. Okay. All right. All right. All right, we'll meet you in there in a second. I'm going to We're going to take her in the back of the store. We'll take her back to the back office over here. Before approaching the subject, the detective had already assembled surveillance footage, register records, and a paper trail spanning eight months, all tied to a single employee login. Evidence before contact. That sequence is deliberate, and it matters. Unless you want to try to do it. Okay. Hey, how are you? Good. Deputy Lupi. Mind if I talk to you for a few minutes? We're going to go in the back. Sure. All right. I'll let you lead the way to the office. All right, you can Uh I'll be out in a couple of T's. Oh, he doesn't have That's all right. You can just You can just Let's just do stuff over I'll just walk up front. Yeah, I'm going to walk up front. Okay. Make it crazy. I'm sorry. Okay, so anytime I spoke to anybody, I read them Miranda rights, okay? Anytime I spoke to anybody. Okay? So, you have the right to remain silent. Okay. Anything you say will be held against you in a court of law, okay? You have the right to talk to a lawyer for advice before we ask you any questions. And have him present during any questioning. Okay. Okay, if you cannot afford a lawyer, one will be appointed to you at no cost. Okay, besides to answer questions out of the way of a present, you still have the right to stop at any time and request a lawyer to be present present, all right? Do you understand those rights? Yeah. The threshold legal question is custody. Under Miranda versus Arizona warnings are required only when a suspect is both in custody and subject to interrogation. A workplace interview, even of a targeted suspect, does not automatically constitute custody. Berkemer versus McCarty 1984 held that custody requires restraint of a degree associated with formal arrest. Beckwith versus United States 1976 confirmed that a focused interview at a suspect's workplace does not trigger Miranda automatically. This interview did not legally require advisement. The detective Mirandized anyway. That decision was not compelled by law. It was, however, the single most consequential procedural move of the case, eliminating every conceivable suppression motion before one could be filed. >> Okay. So, I wanted to talk to you cuz I have video surveillance. Mhm. Okay, about the past couple days while you were working doing these buys. Yeah. Okay. And you take these buys, I see you on camera taking cash, putting in your pants. Do you want to tell me a little bit about that? Uh yeah, um And what's like being in the office like we're at a We're at a part right now. Just fix it. So, just being honest and helping us do the right thing and figure it out. It's the best way to move. Does that make sense? Like, we've already been looking at this all morning. We're not here to We're not here to get you to tell us everything. We know a a lot already. So, that's why we're just asking for you to be honest, right? So. That's important. Yeah. That's how you fix things. You know what I mean? So. Damn and stuff like that. You know what I mean? So, I'm just trying to be honest. I'm just trying to be helpful because that's where we're at. Yeah. I'm looking forward to that's how you do fix things. Yeah, I just want to fix things. I I That's That's what you That's what we want to do, too. Make things right. And taking things out of here is the best way to make things right because give it up cuz that really helps with the whole process of where we found ourselves. Yeah. So, that's So, want to tell us kind of what's been going on lately? It's been going on for a while. So, we kind of know what's been going on. So. Um I just been having some stuff that I don't want and um most majority of it is Yeah, I shouldn't taking money from him. For two times I have done that. Um the other times um Now, have you brought Where is this stuff that you brought in? Um it's already like out on the floor. But, it's just been like two purses and a pair of shoes. But, anything else I I You said honesty is a big thing. >> just Cuz I've watched the video surveillance. It is You're You're not bringing You're not bringing anything in the store. You're not bringing anything >> Well, the last the last like probably like I want to say 2 weeks ago I have been. I brought in two purses and a pair of shoes. But, um I For the rest of the part the rest of the times I haven't. So, you would say only twice? Is that Am I correct in saying twice you brought in actual merchandise, swapped it out? Yes. >> And but the other the rest of the times you've done these transactions, you just scanned the register Yeah. to think that there was a buy down. Yes. Okay. How many times do you think you've done this in the past year? Um I want to say All of the questions he's asking you we already know the answers to, so that's why we're just trying to Yeah, I I'm I'm trying to think and not not lie to you guys. Say more than 200 times. More than 200? Yeah. I wouldn't say that. >> Less than 200? I I don't even think it's 200 times, but I'm pretty sure >> 100 times? >> How about How about this? How much money do you think you took? A thousand I want to say a thousand. A few thousand? Yeah, I don't Cuz I have all documentation. I have paperwork dating back until January, and I see all the and it's totaling way more than a thousand dollars. You're doing a couple hundred you're doing a hundred something dollars a day. How much did you take today? It's like 150, I think. Is that typical of what you were taking today? Yeah, I'd say. >> Is it always over a hundred or less than a hundred? Yeah. 20 times? Over 100 you've done maybe 20 times. That's 2,000 right there. That's a rough estimate, right? See what I mean how that adds up? So, where is this money? Um I have it. You're saving it? You have it? Yeah. You have all the money? All of it. I I I don't know how much it would be. If If I were to say $16,000, would that be about what it is? Yeah. Do you think you have all that $16,000? Yeah. Okay. Under Frazier versus Cupp, 1969, police may confront a suspect with evidence, including evidence that has been overstated. The statement, "We know a lot already." is a calculated representation, not a factual guarantee. It is legally permissible. The detective also employed minimization, framing the offense in sympathetic terms, to reduce the subject's perceived risk of speaking. >> [clears throat] >> "That helps your cause, trust me." approaches, but does not cross the leniency line under Brewer versus State, 1980. An explicit promise of leniency that overbears the suspect's will renders a confession involuntary. A generalized statement about the value of cooperation does not meet that threshold. Florida's totality test, State versus Glatzmayer, 2001, confirms this confession was voluntary. What What's What's going on? Why is it this Do you Have you ever been in trouble? No, I haven't. No. I'm just living in a hard spot right now, but I live in a motel. And like I've been on my own for a while. And I also feel like I've been 220, go ahead. I've been working with him for a while and and I feel like I do so much. Do you feel like you're underpaid? Yeah. And I know that's not his fault. Um at all. Like I should probably look for another job. But it's like I feel bad for him. Like if I do leave and so What do you think What do you think will happen to him when he's sitting here going, "Oh, I'm now $16,000 you know?" He has somebody to go to for sex. It's time to >> It's It's not fair. I should I shouldn't I should not be Right. I take full responsibility for whatever comes with that. And we we appreciate that. Uh any consequences. Is this Is this Is it because he hasn't paid you? Have you been paid? Oh, I have I have I have been paid. Have you stolen before? No. No. I know this makes me look like a stealer. Like I'm stealing money. Like I'm That's like the most thing you could probably ever steal from somebody. It probably makes me look bad. It makes me look that I steal things, but I don't. This This is why I'm just asking because there could be people who I mean, we do this for a living. We can read people. So, you can have somebody who does this on a daily basis. >> Yeah, I I know. Trust me because if somebody was in front of me and I'm like, "Oh, you stole money. Like you're stealing. You're stealing your whole life." But but you're having a hard time. Like I said, everybody goes through hardships. We do stupid things. We make mistakes. Yes. And >> is a big mistake. Right. But at least you're owning up to your mistake. Yeah, and I I don't want to label it as a mistake cuz that's just making it simple for myself, but I do take full responsibility for it. Let me clarify something you said. So, now we're up to 10,000 originally we all agreed there's more than that. You're saying there's 16,000 total, right? And where is that at right now? I have it with me. All 16,000? Uh not yeah. Where? In my bank. In your bank? Yes. So, you've made cash deposits with the money you put in your savings or something in your bank or something? Yes. Who do you bank with? Regions. Regions? I can give him money that I took in from him. Where is that at? In my bank. You've already cashed from this morning? You already put No. Where is that cash? I have Where? It's still on you? Were you pocketing it on your left side or No, it's it's in my purse. I feel really bad for doing this. Where is your purse right now? In the back. Okay, well, I guess we'll have to go get that. We'll all go together. I I just feel really Take that money out of your purse Get us that back right now. Yes, and I'm willing to give back the money that I stole from him. Good. It's just I feel really I feel really bad. I understand you made a mistake. It It's It's not a mistake. No, it It is. It's It's a bad decision, but you still made it though and I understand why you feel bad. Like It is hard cuz I worked for him for so long. I don't want to stab him in the back. And then another thing I've been having like dental issues. I have like $8,000. Yeah, but this is still money. it hurts me a lot. I need that sometimes the system are not good I don't know what they do to me but they make me tired but sometimes I'm really dizzy like I'm not this possible Listen I listen I hear it I need that money We we understand why people do things You know but you know we learn from our mistakes we got to make sure we adjust our own mistakes you know but you're 22 years old but you get to write 21 21 21 going to be 22 Yes This year We're going back like how how long would you say you started doing all this for how long? Um I mean since whatever proof you have Well you know me I mean I have the proof I want you to be honest with me and tell me when how long you think you started doing it when was your first one do you think? Like 8 months ago to a to a year Okay so you would would you say safe to say January probably like one of the first times you probably Well like I said there's times where I've actually had items but majority of the time I I I haven't had items So out of all those buys from January you would say if I'm correct two times was the only times you actually had merchandise that of your own that you swapped out That I can remember yes Yeah okay all right so we'll go in there we'll get iron get your purse I don't have keys All right we'll get iron in there Okay this is it right here All right This is today's buddy love you all that was $183 is what she said was So, I want you to go ahead and count that for me. Oh my lord. Holy God. Are you This is today? No, it's 1 2 2 3 4 3 1 2 3 I think some of that is my money, but I 78 374 And how much was stolen in the past How much did you take in the past 2 days? Um can I talk to him? To who? Aaron. Aaron, she wants to say something to you. She wants to talk to you. $16,000 you written me off. I could be doing good instead of taking out a loan to survive cuz you stole $16,000 from me since January. What did you want to say? I'm honestly just so sorry. I mean, I don't expect I expect you to pay me back. Oh, I I am. I'm going to pay you back. I don't expect you to forgive me. I've been good to you. Nothing but good to you. Always treated you as my number one >> It was It was nothing against you. It was my personal issues. It was It was nothing toward you. I believe you. All right. I'm going to grab your bag here. Just going to call me, all right? Okay. Um Do I have to go to the car? I'm not going to put you in handcuffs or anything. We're just going to walk out. We're just going to walk out the front door, okay? Okay. Watch your back. Where um Hold on a second. On the substantive charge, Florida statute section 812.014 classifies theft by total value. At $16,000, this is a third-degree felony, 5-year maximum. Individual transactions taken alone are misdemeanors. The aggregation provision changes everything. Florida statute section 817.034, the communications fraud act, permits the state to combine every transaction in a single scheme into one charge valued at the cumulative total. Without it, hundreds of misdemeanors. With it, one felony. Two additional points. Restitution under section 775.089 is independent of incarceration. A probationary sentence does not preclude full financial recovery. The consent search of the purse satisfies Schneckloth versus Bustamonte, 1973. Voluntary on-camera consent requires no warrant. The Charlotte County Sheriff's Office receives an A- minus. Prophylactic Miranda, structured interrogation, on-camera consent. Every suppression argument foreclosed before trial. One deduction, the victim was permitted to enter the active interview. Victim-suspect contact is a controllable variable. It was not controlled. The subject receives a C plus. She waived Miranda in a felony investigation without counsel, then confirmed the total identified her bank, and consented to a search, all on camera. All voluntary. All after being told she could say nothing. Post-admission cooperation likely influenced the probationary outcome. It does not rehabilitate the decision to speak. Lesson one, prophylactic Miranda is cheap insurance. Administer it whenever interrogation is foreseeable. The cost of over-advising is zero. The cost of under-advising can be the entire case. Lesson two, aggregation statutes transform petty patterns into felonies. $150 a day over 8 months is not a misdemeanor pattern. Under Florida's communications Act, it is one felony. Lesson three. Silence is the only universally safe response to a focused investigation. Once a suspect speaks, the state's case is built from the suspect's own words. Let us know if there is an interaction or a legal topic you would like us to discuss in the comments below. Thank you for watching.