On July 21st, 2023, a woman was arrested for fraudulent use of a stolen debit card at a local hotel, convicted at trial, and sentenced to 180 days in jail. Before the officer knocked on any door, probable cause was already established. >> All right, tell me what's going on. >> So, I lost my wallet 2 days ago at McDonald's, and then >> Okay. >> what she took my ID, debit card, Cash App card, my bank information, routing information. She had all of that. And then this morning when I woke up, I got a Cash App notification saying >> Okay. >> I came here, told them about it. They said they had problems here last night. >> Uh-huh. >> And I guess she was the one who did use my card apparently today. I'm just trying to get all my stuff back. >> I got you. So, you lost it at at McDonald's 2 days ago. >> 2 days ago. Someone >> Okay. >> The next >> report it when you lost it? >> Well, I I turned my card off, and some dude on Facebook text me the next morning saying that he found my wallet. >> Okay. >> So, I got off work, he brought it to me at Walmart, and when I got it, I had everything missing out of it except for my social. Everything was in there. But everything was gone except for my social. My social was in there, but not now. >> Okay. So, when you lost it 2 days ago, you never reported it with the sheriff's office. >> report it at the time. >> Okay. So, then yesterday some guy messaged you and said that he brought it to you at Walmart. >> Okay. And then you got it, and only your social was in it. >> some other dude who brought it to me then. >> Okay. So, what all was missing out of it? >> My debit card, my Sunoco debit card, and my Cash App card, >> Okay. >> which she used last night, and then my ID, and then a couple of other cards that were in there. The main thing was ID, debit, Cash App. >> Okay. >> And I don't know, she probably could to take a picture of my social, but >> Okay, so what makes you believe that she was the one that got your cards and used it? >> You can talk to me about that if you like. Last time we had some sketchy girl come in. She gave us two different credit cards. One is his that is swiped into my computer system. It said it was declined on my end. >> Okay. >> But she stole a key out of my key return box and ended up staying in there. She also stole three of my cups which I didn't get back. And it was his cards. And I have all this on camera. >> Okay. So you don't know her. >> I don't know her. >> You just got her name from >> The only reason I know this is because I got a notification from my Cash App that it told me it was spent at like two places. >> Okay. >> And it was $37.99 at 11:50 last night. >> Okay. >> That's the only reason I knew to come up here. >> And did you contact Cash App and >> Yeah, I contacted Cash App. She said that cuz it said it was pending, so I should get that $37 back. >> Okay. So you're not actually going to lose any money. >> No, what >> As long as they give you that back. >> that back to me. >> Okay. >> But I already shut down on my debit account and already ordered a new Cash App card. >> Okay. >> Really a mess. If I can I don't know if you guys will be able to get any of this back from her. Get my ID back. >> What's that? >> I'm in the kitchen if you need me. >> Okay, thank you. >> But she has my ID. >> Well, what makes you think she has >> My ID? >> Yeah. >> Well, she has my Cash App card. >> Okay, so you just assume that she's got the rest of your cards, too. Okay. Okay. I got you. The only way to find out is by finding her. I don't know where she's at right this right this moment. Um so what we'll do is Did you cancel all those cards? >> Yeah, I canceled the I have a new Cash App card coming through. >> Okay. Yes. Okay. So other than other than your ID So, ID, Cash App, your bank debit card, and that should be it, or is there more? >> No, like the main three things. >> Okay. So, I'll give you a card with my over there case number on it, so that you can bring that to the DMV and tell them that, "Hey, I lost my wallet, you know, I believe it was stolen. Here's a case number." And they'll They should get you a new ID or a driver's license, whatever it is. Um Careful. The debit card I don't know if I'm going to be able to get that. I mean, you already have another one coming in the mail, right? >> Yeah, yeah. That's already coming. >> Yeah, those I don't know if I'm going to be able to get back for you. Also, So, also, because she or if you get that reimbursement back, technically, you're not out of any money. >> Right. Yeah, yeah. >> So, Well, I still may be able to I got to talk with them and figure out, but she probably I mean, obviously, she used your card without your knowledge and attempted to purchase the room. So, she's definitely going to get something. So, not entirely sure yet. Let me um let me get you a card real quick so I you can get out of here and do what you got to do. So, just give me 1 second, okay? And would you would you be willing to fill out just a quick statement, just a written statement of kind of what you told me verbally? >> Yeah, like about the situation? >> Yeah, exactly what you told me verbally, just write it down on a piece of paper. That's it. >> Okay. What does that do with me? >> So, so what that what that means is it's just a higher level of credibility because it's a sworn statement, right? So, you told me in person, and now you're writing it down on a piece of paper, and you're swearing to the facts that you stated to me. So, it's just a higher level of level of credit credibility. So, you know, if you wind up arresting her and she's to go to court and say, "Hey, this dude swore to it that she you know, she did all the stuff." It's just a higher level of level of credibility. >> Yeah, that's fine. >> So, 100% um you don't even know her or anything like that? Okay. So, what exactly happened this with her? >> She came in to check in, get a room, whatever. Um She's talking to my night auditors. She's over there. It was very strange. Um I guess she tried to run the card and a card and it declined. Then she tried to run his card and it declined and my night auditor didn't check the names and she should have cuz we use that thing up there. But then I had this box. >> So, how do you know that um it was his or her his card? How do you >> Cuz it's got his name on it. >> It's got his name and all his information on it. Okay. >> So, this was sitting up here with room keys in it. She then you can see it on camera pulls in here and pulls one of these out. >> Okay. >> It's like that. It's got the room number on it and she goes in room and that's where we found her this morning in room 109. >> What room was it? >> 109. >> 109? Okay. Um >> I mean, I got it all on the camera. >> Do you want to pursue charges for theft of services since technically she's supposed to pay for that? >> to. I don't know if he thinks it's worth it, but I don't know. >> Okay. >> I can ask him. >> yeah, if you don't mind finding out for me um if you want to do that. If not >> sure he is. >> Yeah. >> Do you want to pursue charges on her? No? Yeah, they're here. He said no. He said no because you're going to get her for the card and you don't want to have to go to court. >> Okay. >> [laughter] >> I don't blame her. >> Um >> I just got to make sure I find out. >> Right. But, if you need anything, I got it on camera. >> Yeah, I'm going to I'm going to need all of that if you don't mind. So, Um yeah, if you could just get the part where she attempted to utilize his card at this. And then, if you can get me like maybe a paper document saying that his card was utilized at whatever time or whatever I mean, information. I appreciate it. >> Come back tomorrow. I'll have all of that information for you on a flash drive. >> Sweet. Um I can come back I can come back >> Yeah, I mean, I'll probably have it done by 2:00. >> 2:00? Okay. Yeah, I'll come back and I'll pick it up whenever and it's no rush. Um I know obviously you guys are busy, so just whenever you can. But, I appreciate you guys. Thank you. What I would recommend is that you try and transfer that money into a different account or a different card or something, so there's no way she can use it. Um if you can't for whatever reason, then I would just keep it locked. And if you have any more purchases or her attempting to use it utilize it, then call us and let us know. That makes sense? All right, bro. Good luck to you. >> Under Illinois versus Gates, the Supreme Court held that probable cause is a totality of circumstances test, not a single data point that stands alone. Four independent sources had converged a sworn victim account, a hotel manager eyewitness security footage of the suspect stealing a room key from the lobby, and the victim's card found on the suspect's person at the hotel. Four corroborating independent sources produce a foundation that is far harder to challenge in court than any single confession or statement. >> Those look like her flip-flops. Those look like her flip-flops from last time. >> He said he cut that screen out of the window. >> Mhm. Hey, sir. >> Hello. Hey, how's it going? >> Uh good. >> Hey, you remember me from the other day? >> I do, yes, sir. >> Is Jamie home by any chance? >> Uh you know what? I haven't seen her since early today, but she may be in her bedroom if you want me to check. >> Yeah, if you don't mind, we just need to talk to her real quick. >> Sure. >> Thank you. >> Uh you guys want anything to drink or anything? >> Oh, thank you, but we're okay. >> Okay, we're out. >> You want a drink? >> No. >> Sorry. I I didn't mean to speak for you, but >> You were plenty good. >> What's her name? The daughter? Granddaughter? >> Hello. How you doing? >> She's coming down, I think. >> Okay, thank you. Just need to talk to Jamie real quick. >> to Kayla? >> Oh. >> She's I don't know if she's been asleep or not, but I had to knock on the door. It was locked and >> What did you wake her up? >> Yeah, she is. >> Did you get that $20 for Kayla? >> No, I haven't been able to go in there yet. >> Okay, well, you need to do it. >> [bell] >> Kayla. >> Just tell her to come out. Y'all just talk to her, all right? >> Yeah, right now, yeah. >> Well, yeah. What what's she doing? >> What what we're talking to her about and what do you guys want to talk to her about? We just want to talk to her first. >> Okay, I'm up holding two grandkids, so I got to get back up there. >> I'll I'll come and talk with you afterwards. >> to talk with you. >> Are you taking her with you? >> We just got to talk to her for right now. >> to talk to her right now. >> Jamie, can you can you put just a top on? I got you, but can you just put Just just out of respect for you, can I know I just wanted to talk to you real quick. >> Yeah, I told you to put clothes on. I told you >> Thank you. >> So, since you were here, I'll inform you as to what I'm trying to get accomplished here. Trying to be patient with this ordeal. I don't know what she's into now, but >> We're going to talk We'll talk to her first and then we'll let you guys know exactly what's going on. >> I told my wife I was going to give her 30 days to get into a program. If she doesn't get into a program, then I'm going to go do what you recommended. And get the eviction, but if I can get her to sign a piece of paper stating that she no longer lives here, then she'll take her stuff fine. Otherwise, I was going to go do that. >> Okay. >> Whatever you're doing >> We'll uh >> it might preclude whatever I was planning. I don't know what's going on here. >> It might. We'll talk about it after we talk to her. And then, sir, with all due respect to you and your property, but um whenever she comes out, you mind if we just talk to her alone real quick? Thank you so much. Appreciate that. >> of fact, I'll just go up to my office. >> Whatever's easier. We'll come Like I said, we'll let you know um after we're done talking with her what's going on, sir. >> Can I get dressed? Button yourself up, please. Okay, well, they want to talk to you alone. I'm going out to sit in my office. >> All right, I'm ready. >> You ready to I'll just say that. >> Because y'all harass me all the time. >> Listen, I'm just talking to you. Jamie, listen. So, what happened this morning at the Best Western? >> I paid for the room. The lady kicked >> Did they Did they threaten you at all? What did you do? >> The lady kicked me out of the room for no reason. And I paid for it off the stupid confirmation number. >> You paid for it? >> Yes. >> And they kicked you out for no reason? Okay. How did you >> How did I what? >> Tell me. I'm sorry. Do you mind just blowing the smoke in that direction? You can You can sit down. Just I don't want it blowing in my face, please. So, how did you pay for the room? >> With a debit card. >> Okay. Whose debit card was it? >> Mine. >> With your debit card? Okay. Do you have like a bank statement or anything showing that you paid for it? Did you try and pay for it with anyone else's card? >> Mm-mm. >> No? That's a confirmation number, but that that doesn't say what card. It doesn't show what you paid >> gave me the room like snow is there. That don't make sense. And then some lady that didn't even hardly work there shows up banging on the door at 7:30 a.m. >> Okay. So, what do you Can you show me what card you paid with? Do you have the card with you? >> I don't know if it's in here, but I'll look. My keys are in there. >> There's a There's a card, a black card, on the bottom over there. Who's >> It's a >> different one. >> Who's card is that? >> That one's mine and my boyfriend's. We have the same card. >> Okay. You mind if I see it? >> Sure. He's the one that very first took me to my job at the strip club. You can call him and ask him. >> Okay. >> Him. >> That's your boyfriend? >> Well, he was. Not anymore, but we still talk to him. >> What's his name? >> Zack. >> What's his last name? >> Um, McGregor or something. >> Okay. You know what his birthday is? >> I forgot. We haven't talked in a little bit, but I mean, I still talk to his friend London Smith. They're in jail together and stuff. >> Okay. >> 10-4. We're about to pull over here. >> Um, when did he give this car to you? >> Um, not too long ago. He left it for me. I don't know if he's moving or something. He's going through a lot. He's just depressed. I mean, I have done a lot for me and he's just been helping me cuz he knows I've been You know, I've been doing a lot. >> Okay. You said he gave it to you not too long ago. When was not too long ago? >> Um, maybe >> Like a couple days ago? Three or four days ago? >> Yeah. >> Okay. How did he give it to you? Like did >> it. >> He just handed it to you? Where were you guys at >> when he handed it to you? >> Near the Winn-Dixie parking lot. >> Near the Winn-Dixie and Zachary gave you >> Yes. >> Okay. And what did he say? >> to me. >> Do you have any texts or anything saying that he gave it to you? >> No, he just Snapchat usually. Literally, I don't use that many phone calls. I get a lot of spam calls actually. >> Okay. So, he handed it to you in person. And what did he say when he gave it to you? >> That he is like done doing drugs and that and doesn't want to deal with um deal with like um like a lot of just street stuff. That we were doing. Turn my life around. Good stuff. So, he was basically giving away his old and getting rid of it and starting a new life. >> Okay, so he gave you the card and did he tell you what you could do with it or couldn't do with it? >> I'm welcome to it because I'm the only reason why they have so much money. Cuz I'm a stripper and I'm the reason [clears throat] why um there's so many Crips out here cuz they're coming to see me from Atlanta and California cuz I've been inviting them to my Magic City club. And every time I go I'm not Every time they come I'm not there. >> Okay. >> Thank you. >> All right. Um Did you try and pay for the hotel room with this card yesterday? >> Uh-uh. >> No? >> I didn't pay for the hotel. I paid for it with my >> With your card? >> check sitting in the mail right now. I don't need anyone else's. >> Okay. >> save that for the mail. And another >> You're 100% you didn't use this yesterday? Okay. And did he ever say you needed to return it to him at all? >> I think he's >> Can you please blow the smoke in the other direction? >> He's just depressed and he doesn't want nothing to do with nobody or anything. I'm not lying. I I would know cuz he's very um suicidal. >> Okay. So, three or four days ago you met him in the Winn-Dixie parking lot, he gave this to you and he said you can use it. >> Yes. >> And do whatever you want with it. Okay. And how did you guys meet up? Like was it Were you guys hanging out or you just met at the Winn-Dixie or what? >> him right there. We didn't smoke weed and smoke nothing. >> Okay. And when you met him there or what was the plan to meet up? Was it just to hang out, or go eat, or do what? >> No, just to say hi. >> Just to say hi? >> Yep. >> So, you just met him to say hi, and how long did you guys spend together? >> Uh probably like 13 to 15 minutes. >> 13 to 15? That's pretty accurate, I'm afraid. Okay. >> I think you may have his number, so give me just give me 1 sec. Do you mind if I just hang out? >> Yeah, yeah. >> You said you think your phones are tapped? Why do you think that? >> Because they won't let us do certain things on there anymore, and um >> What, at the strip club? >> Uh yeah. >> Why? >> I don't know. >> You think they've been listening in or something? >> Which I don't do anything I shouldn't, but other people do, and I'm not trying to get them in trouble for >> Mhm. So, they just kind of put an end to all of it at the club? >> Mhm. >> They just put an end to all of it at the club? >> Well, I've been there a few times, and uh there's been at least four or five girls that I swear have gone missing. >> Do you know where they're at? >> No. >> They just disappeared? >> Yeah. >> So, is Zach not answering? Um >> He's probably dead or in jail. >> When officers arrived at the suspect's residence, she was not in custody and had no legal obligation to speak. She chose to provide a 20-minute voluntary statement without invoking the Fifth Amendment and without requesting counsel. Her account introduced a card she claimed was given to her by a man named Zach in a parking lot, no verifiable last name, no birthday, and no text or message record of any kind. The officer called the number, no answer. Her own assessment of Zach's whereabouts was that he was probably dead or in jail. That is not an exculpatory account that corroborated the investigation against her. Every word she volunteered was was Every inconsistency she produced went directly into the prosecution's case. The Fifth Amendment existed precisely to prevent this outcome. During the interview and arrest, the suspect directed racially charged statements at officers. Under City of Houston versus Hill, decided in 1987, offensive speech directed at law enforcement is First Amendment protected and cannot be the basis for an arrest. This officer absorbed 27 minutes of sustained verbal hostility without escalating. That restraint is not discretionary. It is what the constitutional standard requires. >> I'm telling you what I'm talking about. >> When's the last time you talked to him? >> Like three or four days ago, like I said. >> Okay. >> I know how I can get in touch with him, but they don't really talk anymore cuz his our weed plug, our main friend that I met when I first moved to here, he's I haven't gotten weed from him since I moved here. Um basically I saw him a long time ago when I was in jail in Florida visiting people when I was like 15 or something. >> Mhm. >> And then I met [music] them again cuz they noticed me or something. And I've been hanging out with them since I moved here three years ago. And then recently the London guy that me and Zach are friends with that is our weed plug and stuff. >> Mhm. >> He um he was trying to put me on these back pages and stuff. >> Mhm. >> And I think he did that to his old girlfriend, too, because she did she's already involved in that stuff with me. And I think this has just dancing, so >> Got you. Is Did you get the weed that's in your bag Did you get that from London, too? >> He gave me some, but I threw it away. >> Okay. >> it was laced. >> So, who'd you get that weed from? >> My doctor. >> Your doctor? You have a medical marijuana card? >> No, I don't. You don't even straw. I don't even think it's that much real. But anyways, so um >> So, three or four days ago, Zach gave you this card in the Winn-Dixie parking lot and said you can use it however you want. >> Yeah, cuz I gave them so much money. I'm the reason why they're rich now. >> Who's they? >> Um my mom. London and Braylon and Zach and them. >> Okay. Okay. Well, um >> Can you take me to work? >> Uh can't take you to work. Can't Can't do that. But, um Are you almost done with that? >> What? >> Huh? Okay. You keep blowing in my face for Okay. So, real quick, Jamie, can you stand up for me real quick? >> Stand up for what? >> Stand up for me real quick. >> camera and then I will. >> Yeah. Just stand up. >> Okay. >> If I get arrested, what would it be for? I didn't do nothing. They're the ones that keep me out of pocket. >> Stand up. Stand up. >> They want my money. >> Stand up. >> What did I do? >> Let me run it back for you. Okay. >> That don't make no sense. >> Yeah. Before you drop your phone, let me set your phone down. >> make sense. >> Let me set your phone down so it doesn't break. >> That doesn't make sense. What did I do? >> He'll explain it to you as soon as you get your coat, okay? >> read me my rights yet. >> You don't need them yet. >> Yes, I do. You're supposed to do that before you even touch me. I know the law. >> No, it's not >> There's people watching out right now, too, on that camera, on my phone. >> We all have cameras. Yes, we do. Yes, it is. The red light. You're being placed under arrest. >> For what? >> Ten-four. >> I'd rather die than go to jail. Like, I'm not doing anything stupid. >> placed under arrest. Okay. For fraudulently using his card to try and purchase the room. I already talked to the hotel. >> He gave it to me. He gave me the permission. >> And the card to the clerk on the table. >> Okay. >> Along with stealing a bunch of stuff on the counter. >> What? I didn't steal anything on the counter. >> I saw you do it all, okay? And then you stole cards, the room keys out of that box, and that's how you got into the room. Okay? So, I saw all that. >> the confirmation number, too. >> pay for Okay. >> They would have had to send the confirmation. >> want this stuff to come with you to jail or what? >> Yeah, if they'll lock it up for me. Can you tell them I'm leaving, at least? >> We'll let everybody know. Okay. >> tell them before I leave? Just in case I get in a wreck and die. >> Okay, let's go. Let's go. >> Wait, wait, wait. >> Let's go. We'll get everything We'll get everything We'll get everything. We're going to go to this first car on the passenger side. >> That ain't even a real charge. I didn't even do that. I'll prove it against you, man. >> Okay. >> You're a racist, man. You're a racist, man. >> Okay. >> You're racist, man. >> Got you. So, every Absolutely not. >> Why? What am I going to do? selling. Will you tell them I'm leaving? before I leave. >> I will tell them. Just relax. Don't get Don't step in the car yet. Just stand right there. Don't Did you spit in my car? >> Just stand right here, man. >> All right. Stand right there. Is that Is that what you say every time you do something wrong and call people racist? >> You are racist. >> Okay. I'll put I'll put it what? How am I racist? >> You just feeling it. >> So, so that's not racist? >> No, it's not. >> Why is that? So, what I did was racist, but what you just said wasn't racist? >> No, it's not. >> Okay. I think you're living in a fairy land fairy tale land. >> You act like you are arresting for no good reason. >> Um >> You're going to arrest >> Go ahead, have a seat in there, please. >> Can you take these off for >> Absolutely not. Go ahead, have a seat. I mean, she she is going to get a bond tonight, so she can potentially bond out. >> We won't be doing it. >> Yeah, so she Did you tell him? >> I did. >> Okay, cool. So, she requested to take this stuff to jail with her. >> She had a bag of Walmart bag or something. >> No, we'll just take take whatever >> All this stuff is and as long as the prescriptions are in her name cuz one of them fell she picked it up and grabbed it. >> We're going to go ahead and um >> She she holds that bag like it's a baby. I mean, she carries that thing around with her. >> Yeah. >> religiously and we don't really know all of what's in there and I don't really want to know, but >> Got you. Yep, so she is >> What about shoes and >> The shoes were here on the She has her [clears throat] own shoes. I don't know what that Oh. >> I'll put it in the >> That's that's not a real hot tub. >> I know. >> Tag. Tag. But um >> the needles. I don't know where it came from, but >> Who knows? All right, do you have any other questions for us, sir? >> No, sir. I appreciate it. >> All right, no worries. >> If she if she wants to, she can call you, but with her being an adult Yeah. >> she doesn't have to you don't have to be notified or anything for her to figure out what she wants to do from here. >> And it's not mandatory that we bail her out either, is it? >> It's not mandatory what? >> It's not mandatory that we bail her out. >> No, not at all. No, absolutely not. Yeah, absolutely not. She's an >> She's made responsible decisions. [music] >> You're responsible decisions. >> Thank the jailer, man. I appreciate it. >> Yes, sir. Of course. Have a good day. >> During handcuffing, the suspect insisted Miranda rights had to be read before officers could touch her. This is one of the most common legal misconceptions in police encounter cases. Miranda versus Arizona requires advisement before custodial interrogation, before intentional questioning begins. Berkemer versus McCarty clarified the threshold custody. Plus intentional questioning is the trigger, not custody alone. Handcuffing is not interrogation. The officer was under no obligation to Mirandize at the moment of arrest, and declining to do so was legally accurate. On use of force under Graham versus Connor, reasonableness is evaluated from the perspective of a reasonable officer at the moment of the decision, not in hindsight. The subject was not armed, not fleeing, handcuffs and escort were proportional. No Fourth Amendment violation. The officer receives a B+. For source probable cause, built before contact a 22-minute interview that let the suspect's account collapse on its own, correct Miranda application, and composure under sustained verbal hostility. One deduction, near handcuffing the suspect claimed to be paralyzed. That statement was not documented on camera. A later medical complaint becomes harder to rebut without a contemporaneous field note. The suspect receives a D. She faced a felony and chose to speak without counsel for 20 minutes, producing a narrative that contradicted hotel records, camera footage, and physical evidence. Silence was available the entire time. The conviction reflects the consequence of not exercising it. Three takeaways. First, probable cause is cumulative. Independent corroborating sources create a foundation that withstands legal challenge far better than any single piece of evidence. Second, Miranda activates before questioning, not before arrest. Most people have this wrong, and getting it wrong in a custodial setting carries real legal consequences. Third, voluntary statements made without counsel, even before formal arrest, are fully admissible and can become the most damaging evidence the prosecution holds. 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.