any statement can be and will be used against you in the court of law are you willing to talk to me without the presence of an attorney yeah from what he told us yep she's been doing all the stealing for her family for her sisters her father her mother so like Rick said it goes you know it looks like your parents your family put you in a predicament any statement can be and will be used against you in the court of law are you willing to talk to me without the presence of an attorney the central legal question in this encounter is not whether theft occurred but where the constitutional line falls no I don't huh I don't know where the office is we'll go by the woman's side oh no problem I'll be right back how you doing champ funny we see you again this time we need you yeah it's great alright so we're gonna go to the to the management office over there that's where we have okay so what do we have so far so here's I'm gonna just take a picture for my record keeping and then I will give it to you her name is Samantha Spear she's 18 years old works for Sephora she's with us 33 days we uh through a tip and observation were able to catch her stealing multiple items and in the interview process while they were interviewing her she confessed to like you know stealing almost every day the last couple of weeks okay she knows we were hot say again she knows we were hot she knows we were hot oh well no Ricky told me to go to this OK off quick math that we were doing in our head she stole a couple thousand dollars worth of merchandise and you guys told her to be concise cause it'll help him you know evaluating her future with us and she asked am I gonna be fired for this that is the job and he was like well based off your honesty and the more honest you are with us we take that into consideration that's so crazy question yeah right give me a phone number for the board what's the name of the company that you're working here five two nine you guys have video and receipts for all these yeah we're gonna we'll be able to provide that yeah from what he told us yep she's been doing all the stealing for her family for her sisters her father her mother so like Rick said it goes you know it looks like your parents your family put you in a predicament yeah haha what's what she said she said it was she started last you know a couple weeks ago small stuff and then when she felt comfortable with it and then it became every day that she was working critically these protections attach only to state action not to private questioning in Colorado versus Connelly the Supreme Court held that admissions made to private parties are generally admissible even when obtained under significant psychological pressure this is why the private loss prevention confession obtained before any officer entered the room will almost certainly survive any motion to suppress sounds a lot more like oh she's gonna take a shot I was gonna say maybe just hang out for a little bit what's up you guys already got all the information you need from her yes you can wait for now um did you he kind of gave you a heads up just been with us for a month I made a copy of the machine I made a copy of the machine that she was working on so 18 years old ever had you guys gonna do it he's kind of asking enough for you guys gonna prosecute her yeah you guys gonna trespasser trespasser we don't physically do personal shit unless she like she gets stupid and stands up and starts motherf*cking everybody but I don't think she's gonna do she's an absolute mess alright Samantha so a couple things alright um certainly anytime when I see a cop it's a loss to us right there's some ramifications so the team from Bolton Beach is here to talk to you alright so there's a couple things alright here you go um alright so because of this we are gonna prosecute you understand that right OK um but we still need our stuff back okay alright one last thing alright this is a promissory note telling us that you're gonna make it right with folks alright you still have your pen alright your principal amount owed is what you put on the statement okay alright so you're gonna write that there you're okay calm down you're gonna print your name and put the date so Samantha I do have to I do have to make sure you just are aware whether or not you sign or not that's OK alright you are being released from employment OK yes sir you can't come back to call us to work anymore yes sir the detention itself rests on Florida Statute section 812.015 the shopkeeper's privilege which authorizes merchants to detain a suspected shoplifter for a reasonable time where probable cause exists surveillance footage across multiple shifts combined with the subject's own admissions comfortably satisfies that threshold alright um alright so these gentlemen are gonna have some things that they're gonna cover with you alright alright you're fine do you have anything in your locker that we should get for you while these gentlemen are covering a couple things for you it's just my bag is it locked no sir okay what's your locker number oh it's it's by the right one it's the one at the like very bottom what's the very bottom I don't think it's a big locker room is it in this what locker number is your locker assigned to um I was originally signed to like 75 but I don't I don't know if it's oh it's yeah it's a white bag so so this is what I would say this this gentleman's gonna ask you some questions you be as honest and cooperative with them as you are with me you understand yes sir alright it's like is there is there in the door it's like oh yeah he's gonna just see what the very bottom alright Samantha so I have to read you something before I talk to you okay my room where are the rights under Miranda versus Arizona decided in 1966 law enforcement must advise a suspect of four specific rights before any custodial interrogation the right to silence the use of statements against them the right to counsel and the right to appointed counsel okay so can you tell me what happened how about we do this let's give her a little breather and I just need to see if we can get her composure and then we'll continue doing it afterwards sounds good ma'am yes sir sir listen Samantha everyone's gonna treat you with respect no one's gonna yell at you no one thinks anything okay this was a mistake well you need to stay calm for us okay can we do that yeah calm down for a little bit you want a water get the the charging decision turns on Florida Statute Section 817.034 the Florida Communications Fraud Act governing Schemes to defraud the statute requires a systematic ongoing course of conduct undertaken with intent to obtain property by false or fraudulent pretenses two elements distinguish this charge from simple theft under section 812.014 the conduct must be systematic and the defendant must have actually obtained property through the scheme isolated incidents fall under theft statutes patterned repeated conduct becomes a third degree felony carrying up to five years in state prison and a five thousand dollar fine the legal elevation matters a misdemeanor theft leaves most civil rights intact a felony conviction under Florida law triggers lifelong collateral consequences including restrictions on firearm possession housing and professional licensing the Miranda waiver itself deserves scrutiny under burkimer versus Mccarty a waiver is valid only when knowing intelligent and voluntary Florida courts evaluate this under the totality of the circumstances weighing age emotional condition and interrogation environment an 18 year old first time suspect crying uncontrollably after an extended private interview presents a textbook scenario for a voluntariness challenge the officer's decision to pause questioning neutralize that challenge entirely under Rhode Island versus Innes interrogation includes any words or actions reasonably likely to elicit an incriminating response pressing forward with a distraught teenager would have created precisely that record listen we're gonna take out through this door right here so just grab a control vehicle and go around this way I don't think you're free alright so we're gonna take out this door so I'm gonna swear to you so I'm gonna have you raise your right hand yes we we interviewed this associate that works for us she works in the Sephora department we were actually doing an investigation on her today her name is Samantha Samantha's been with us since March the 14th of 2025 through her employment with us uh Samantha was found um to be walking out of the store with merchandise that's not been paid for um certainly was all found through video review I'm just following up on you know daily habits with our associates in our departments um what we found is more than four occasions um so far came in to interview certainly she admitted to many more events all happening at the end of her shift walking out of store never making a so she admitted to $1,000 worth of drugs that's the correct amount or is that just what she admitted that's that's what she admitted to she's gonna bring back all the rest of the products um could be a difference it could be a little bit more but we won't know until it's fully back in alright so that's it for you I'll get ready to let's get it rehab well your 10 for I have an office so I'm gonna see what should I get for you so we go out there get a yeah you can try it out for me alright I'll just get one for you how far so you could raise your right hand OK so uh basically Ricky and I were reviewing some uh audio video going over some testing exams that I'm preparing for and an email came through and during that email it read that there was possibly a dishonest association dishonest associate activity with a particular individual upon review Ricky and I had found on multiple occasions on different days her taking merchandise and sealing it either in her Sephora bag or her purse and exiting the store okay and you guys wish to prosecute are you in we wish to prosecute so do you guys have like a list of the like the times she stole yes and that's gonna be uh put into detail okay once he gets the information all the information all right I'll drop the I'll drop a receipt in there for it it's got the total of what we what we know until we can get back the rest okay like so based off what like I told you when we were walking back here based off the quick math that we did it's more than $1,000 so and his you know interview on her he said tomorrow she will be with us you yes during the whole process of it so basically that was the job her memory to make it think harder like you know let me just put everything that I that I took you know what you took yes for your mother you know what you took for your sister you know what you took OK and I'll give us an idea and I need this one with cat notes and put me out with the other columns in my zone good morning 3 2 1 JK can I have 3 2 3 for you so far maybe we'll provide for us today because I haven't I haven't reviewed video yet yo guys you have video ready yeah to look at yeah we have a video so I could just check it out they need to establish whether we have scheme to defraud yet or not OK so they've got four dates right now several hundred dollars worth of stuff four dates they haven't gotten all of the video yet she's admitted to doing this for several more days possibly two weeks so find out get his opinion this is part of the stuff you're gonna have to do when you're on your own yeah if we have a video for the four we can steam to the front the thing is is that anything afterwards this point would either be in addition to or separate so what we need to find out is what we have here today what we can charge her with if you guys are good after that you just washing your hands clean from this cause she's fired well I need a report number that's a perfect answer but we'll get what we can get today because that's probably the route that I would go thank you I'll be probably home OK he's gonna he's gonna praise god so I've got everything we wanna document it just so we can articulate everything we see and then you guys will submit the videos later we'll send you a link you explain this to him you did yeah he got the information so then we can figure that up when we're submitting the whole packet to the state correct okay it's her yeah okay I bet you thought it was my man no no hahaha do you have your ID with you so I can uh huh what's up bro yeah I don't carry it alright so here she is last night so um pause it so last night she comes up to clock out carrying the same bag she's currently got in the ambulance here you'll see she fidgets around she's gonna grab something off of here and then she backs up and around what time is it uh 9:04 she actually conceals the product at 9:06 so here she's looking at something that's what she winds up taking but she didn't take it quite yet so was that speaker voice yeah so she walk over here walk back that was her putting items in there no not yet um she's already got a Sephora bag in her purse that she had already taken from inside the shop um but this is one of the first things that we saw her do she'll go back out there on the aisle and she'll can spill conceal a speaker that's out there alright so here I'll back up just a little bit so you can see what she does so she grabs there's a Sephora bag back there OK so you'll see she grabs that bag so you see there's already I don't know if you guys if you saw it there's already a couple things in there she comes over here store's closed by the way it's 9 13 at night we close at 9 okay she grabs this here and here you good yeah I just thought about what how is a female to threaten somebody on her own back yeah I'm gonna figure it out so what I'm in love with herself thanks honey sorry I'm I'm sorry sir I'm gonna say yes sorry was there anything else I can help you with take my just turn your wrist 600 blocks 2 4 Delta uniform Julian papa 2 4 d E J s take her on outside of us outside of what check something out OK come out of battery please OK thank you work has two shifts left and I'm making her work is this two is it yeah we're 96 Avenue in front of us 6:45 hey I hear the fire engine's coming oh there he is get down what's going on I'll be trying to get the receipts sugar just start walking stuff off put it in the bag now we have controls in place supposed to prevent that shit from happening it's like the fourth day I've taken out of here with the store team I'm gonna pack it just something should be how do you guys catch one of this um actually the store associate gave us a tip that she was acting weird so we started reviewing video of all of her closing shifts and just boom good for that first quick check started with this we saw her conceal this last night now we're at this OK so you got everything we need you can have that my friend um so I'll put is it is it OK if I put you and you have an internal report is it OK officer and I have the report number I'll send every video that I have do you want me to only send the video for this right now yes okay then what do you want me to do secondarily well the thing is is we're charging our scheme to the fraud so we've already seen that yeah anything that we're doing it's already like it would just strengthen the case if you wanted to be a supplement to the report but it wouldn't be additional charges yeah yeah fair enough I don't know so what we're doing is what we have right now but because it's the systematic theft over and over again would be additional charges that's what this all kind of encompasses sure yeah yeah I just I won't give you whatever you want so you just cause like let's say that you come back later and it's a much higher amount or whatever it is maybe there's an enhancement sure there's an enhancement for the type of the amount yep I don't think she's ever gonna reach out I think it's like $100 or something so it just strengthens the case but we already have quite a bit and she's confessed sure no I mean right it's not gonna like each other it's gonna like 400 cases straight chocolate so that's what you got so yeah just keep following us yeah we will appreciate that sorry for all the time no problem no problem let's examine the constitutional framework grades follow from the legal analysis the Boynton Beach officers earn a B+ for a complete Miranda advisement and disciplined restraint at the moment of emotional breakdown minor deductions reflect casual commentary and reliance on loss prevention's framing Cole's loss prevention earns an a minus a methodical investigation precise documentation and proper advisory language regarding the voluntary nature of the civil promissory note the subject receives a C plus cooperation will aid her at sentencing but waiving counsel in a felony matter with video evidence and a prior confession already in the state's possession was strategically unwise three lessons emerge from this footage first statements to private investigators are rarely shielded by Miranda silence should begin the moment a badge appears not after questioning starts second repetition transforms misdemeanors into felonies the pattern is the crime third invoking counsel is never an admission of guilt it is a constitutional Protection available equally to the innocent and the guilty let us know if there is an interaction or legal topic that you would like us to discuss in the comments below thank you for watching and don't forget to subscribe to our channel for more content on police court interactions