Check this out. You are going to be under arrest, right? >> me? >> I'm not kidding you. >> On October 22nd, 2025, officers responded to a Neiman Marcus loss prevention detention of a 7-month employee suspected of retail theft spanning 2 months. The subject had already confessed to loss prevention management before police arrived. What followed created a documented constitutional failure that defense counsel will exploit. >> So, this employee has been with you guys for how long? >> For 6 months. >> 6 months? >> Yes, for 6 months. Okay, um she's been with us for 6 months. >> I just took over the store. And um and who's my spot? So, I started observing a lot of weird behavior, me and my other API. We dedicated surveillance on her. As we were doing dedicated >> What was she doing? >> As we were doing dedicated surveillance, we seen her ring up home alterations. We just seen her with weird behavior. We seen her stashing stuff in the back >> Mhm. >> of the of her cubbies. >> Okay. >> Where we have like purses. She would stash and clothes there and then clothes would go missing. >> Okay, could you raise your right hand? Do you solemnly promise and swear that the statement you give will be the truth, the whole truth, and nothing but the truth, so help you God? >> Yes. >> Okay. And could you state of your position here? >> I'm the AATP. >> Okay, and how long have you been doing loss prevention for? >> 18 years. >> 18 years, so you definitely have some training and experience, right? With with your job. Um so, why were we called here today at uh Neiman Marcus? >> Um we've been observing suspicious activities from an associate. Um we got a lot of leads of inconsistencies and a lot of clothes going missing, so we started doing dedicated surveillance. As we started doing dedicated surveillance, we noticed that the associate went ahead and rung up a transaction for alterations of a pair of shorts that she did not pay that she later on was trying to walk out the store with. But, since we have a policy put in place that they need to come to us 2 hours prior to them walking out with the alterations, I checked it the following day. When I checked it the following day, me and other managers checked the UPC of the pair of shorts which the shorts were never bought and then that's when we had a talk with her this morning. When we had a talk with her this morning she confessed to taking that item not paying for it, paying for the alterations which was $24 and then she proceeded to confess of all the other items that she has stolen and taken out the store. That that was not the only item that she did take and she did start all this 4 months 2 and 1/2 months ago. >> Okay. And then you said this happened about 2 days ago. >> Yeah, on the 20th is when um she brought the the pair um the whole set that was done for alteration. I gave her a slip for the pair of jeans but the shorts were nowhere. There was no paperwork on the shorts. And that's when we had to investigate further and as we investigated further we concluded to the findings of the shorts were never purchased and the only thing she paid for was the $24 to get the shorts altered. >> I know you mentioned in the beginning that there was inconsistencies and also other information that she may have done this in the past. >> Correct. >> Is that from other co-workers or other >> From other managers. >> How you doing? Do you have your ID on you by the way? Okay. Do you mind if I grab that your bag? >> Huh? >> Okay. You have your bag there, okay. >> Yeah, right here. >> Sit down. I'll be right back. >> No, we're going to the other room. Just so you >> No, I've got to go grab my bag. >> Okay. Okay. All right, before I talk to you I'm just going to read you your rights right just our normal procedures. >> arrested? >> I have no idea. I'm just trying to figure out what's going on. You know what I'm saying? Cuz they called us obviously something happened at the store and we're just trying to figure things out, okay? Um >> [clears throat] >> It's just normal procedures when we have to read somebody their rights when you know we're doing an investigation. Any statement can and will will be used against you in a court of law. Do you understand these rights? Okay. So look. >> Miranda versus Arizona decided by the Supreme Court in 1966 mandates four elements before any custodial interrogation. The right to remain silent, that statements may be used in court, the right to an attorney, and the right to appointed counsel if indigent. The officer delivered only element two. Elements one, three, and four are absent from the record. Custody had attached before the warning. The subject was in a secured back room not free to leave. Under Berkemer versus McCarty, 1984, Miranda applies to custodial interrogation regardless of offense severity. Under the exclusionary rule from Mapp versus Ohio, 1961, all officer obtained admissions, including the items, the dates, and the method face suppression. Defense will file that motion. The loss prevention confession is legally distinct. Under Illinois versus Perkins, decided in 1990, statements made to non-law enforcement actors carry no Miranda obligation. The loss prevention manager administered a sworn on-camera oath before the subject disclosed the full theft history before any officer was present. That confession is admissible regardless of what follows. >> They told me a little bit of what's going on, right? You're an employee here, right? How long you've been employed here? >> I've been here seven months. >> Seven months? Okay. So, seven months you've been employed here. So, you know the proper procedures for, you know, I'm assuming employee purchases, uh, alterations, and stuff like that, right? >> Yes. >> So, they were telling me a little bit about it. So, what's going on? Why are they calling me? What did >> the dressing room >> Yeah, we we can talk in private. >> Yeah, do you want me to step out? >> That's it. You you can stay. Okay. >> Thank you. I appreciate it. >> No worries. >> So, through the time that I've been here, um, I've been, obviously, struggling, um, and things, um, that I've used here. So, clearly I'm not that smart, you know? It's not like I Anyways, so, that's what I did. >> Okay. >> And, um, >> Like, what do you mean take things? What did you What did you take? >> Oh, it's right here. >> Okay. >> It's right here, a mistake man. Um, and then I put prices, um, >> Could you give me a little synopsis of what what happened? Cuz again, I'm not going to read that right now, but >> Yeah, if Can could just tell me. >> It's took? >> a jeans, um, a top, uh, just Uh, pleaser, um >> So, why did you do that? You said your times are rough, right? Times are rough. I need to look hot. Um It's just It was a a brain thing. I'm, you know, going to see my therapist. It's It's just been a little rough lately. Um, I'm not home. It's the first time I'm not home. >> What do you mean not home? So, are you from somewhere else? >> No. Um, I I raised my kids. I'm always home and now I'm not. >> Okay. >> And it's been, um, a stressor. Um, my mother-in-law with her with us has been a stressor and I think I I just I did something stupid. >> Mhm. So, those items you took, it wasn't for you to resell, it was just for you >> No. Oh my god, no. I I used them here. It was literally to use them here. >> Okay. When was that? When did it start? >> Um, about 2 months ago. During the last call, I I That's when I >> Do you know around what time period? >> maybe. >> 2 months? So, we're looking So, right now we're in October, so you think August? >> Mhm. >> Okay. So, could you give me an exact day in August, maybe? >> Uh, no. They They told me to give you a ball park. I don't really know. Again, I It's It's like spur of the moment. It's nothing like I go home and I plan this. >> Okay. Okay, so what did you take without you paying for it? Was it those five five items? >> the four >> So, four items? >> plus the dress. >> five items you took here. Five items. So, that was all on one day? >> One, two, three, four. >> [clears throat] >> items and then that No, it wasn't all in one day. Um, a jeans I stained my jeans. >> So, was it multiple days? >> Yeah. It It was like probably a 2-week period of like stupidity or something like that. >> So, 2 weeks in August? >> Yeah. I'm giving you ball parks. Please don't hold me on times. I don't know. >> Okay. >> Um the, uh like the jeans for example, I stained my jeans and then Um So, I don't really know. >> Swap jeans at the store. You went to the fitting room and swapped them out. Okay, so you basically swap it, you wore it out, and you went home with it, right? Okay. Um and then what was the most recent cuz like those are four instances right back in August. And did anything continue in September? In total, how many items did you How [music] many items do you think you took? >> Like four or five. So, it's it's whatever this year. >> So, those items only in in August then? Did you steal any items? >> Probably it's the I'm not sure if it was probably August or September. Probably end of August, beginning of September. That's probably it. >> What happened 2 days ago? >> Um >> Was it a pair of shorts? >> Yes, the tailoring that I have it and I was literally We so what we do is we save things for 30 30 30 30s whenever we get two different, um pays and that's what I wanted. I wanted for next week. I the the 25th is Um >> In a few days. So, in 3 days. >> So, and then I have a my sister's birthday party, so I wanted to get it tailored. So, whenever I pay for it, it would have been tailored. Um but the other >> So, those items that you you I guess you put aside to get tailored, right? >> That one. That one. >> Those items that you put aside to get tailored, right? Okay, the skirt, right? Um did you try to leave the store without it? >> Well, I No, I put it to uh to tailor. So, um well, I guess they put it all together. So, yeah, it So, they they would have given it to me. Yes. >> Okay. The way the procedure is, right? The way they explained it to me, the way you did it, it almost seemed like you were going to leave it there and not pay for it and leave. >> I That's what I'm saying. I understand. That's what I'm saying. I I I understand what it looks like. I'm not denying what it looks like. >> And it it probably is that way, right? >> Well, it that one would wasn't because I including was going to wear it like it's it's it's not >> So, it's the same 2 days ago. >> That one. Yeah. That one. No, but >> Okay. Um Have you ever been in before? >> Not that I know of. Okay, so she admits everything that happened in I guess end of August, right? She said it could have bled into September. The four items she took, right? Um she said about the two days ago she was claiming that she was in the altar but didn't pay for it. But again, I'm not I don't work for Neiman Marcus. I don't know how that procedure [clears throat] Okay, so the way she was doing it was it's all my work she was going to steal those items? >> Ms. Do me a favor, just put your phone in your bag for now. Your phone, just put that in your bag. Thank you. >> Oh, because I'm not Oh, got you. >> Technically you're detained. You I I hear you. If there's an emergency, let us know, but I don't know. I don't know. Um but just for the time being since I haven't gone through your stuff. You don't seem like the type that wants to hurt anybody, but we treat everyone the same. >> All right, Juliana, I had a one question, right? So, I know you spoke to Yomaira, all right? And she's Correct. I know in the beginning when you guys were talking it went from what happened two days ago to bleeding into all that stuff. >> I wanted to be honest. >> Yeah, and you were honest, right, with them and stuff. Um I just want to touch base about what happened two days ago, right? I know brand alterations and stuff. You told them that you were going to not going to pay for those items leaving the store. >> Well, whenever she said something then Yeah, I panicked, obviously. >> Okay, and that's probably what was going to happen if she didn't really check on you, you probably walked out of the store with it. >> I guess I did. Sure, yeah. >> Cuz it's it's easier cuz you've done it before in the past, right? Okay. Um so, what's going to happen is I'll be straight up honest with you cuz you've been honest with me, right? Based on whatever has happened in the end of August and also a couple days ago, right? Check this out. You are going to be under arrest, right? >> The bag search is constitutionally sound. Under United States versus Robinson 1973, a search incident to a lawful arrest requires no additional justification. The marijuana recovered is admissible. Probable cause rested on three independent sources, sworn loss, prevention surveillance testimony, UPC records confirming non-purchase and the subject's voluntary pre-seize police admissions under Perkins. The arrest is sound. The evidence here damage is post arrest. >> Are you kidding me? >> I'm not kidding you. All right. I'm going to place you in handcuffs once we pat you down, but you're complying now and I'll I'll I'll walk you through the process. >> Are you serious? >> But Julia, just Okay, but Julia, check this out. Your goal is to get through this as smooth as possible, right? As quickly as possible. So, my goal is to give you some direction, right? We're going to do some paperwork back at the police department, right? From there, we're going to take you up to county, right? They have to finish their paperwork. And then you could probably leave from there, right? It all depends on how quickly this all gets done, but based on whatever has happened, right? Since the end of August, right? And also has happened 2 days ago, right? There is a crime about that, right? City on the tenant park. >> How are you Can [clears throat] you not handcuff me here in front of my >> 42 L 10-12, good. We'll have this off to just pat you down, okay? And then if you have any jewelry and stuff, um we're going to take them off because it's a little quicker of a process if we do it that way. >> Can I put my stuff in my car with you looking at me? >> I can put it in your car for you, right? And then we can do all that. So, just jewelry and stuff will be easier. >> Oh, can you please not handcuff me in front of the ladies store? >> Well, or I have no dictation about that. We have policies and procedures like you have here at work. So, I have to deal with those policies and procedures. What I won't do is walk you through the front in front of everybody. We'll go through the back entrance here. >> City on the tenant park. >> This one I can't take off because if I take off it's going to close. Like I I >> Well, you need to take it off, yeah. >> What? >> Yeah. >> All right, what I'm going to do is I'm going to do all the moving and you're going to relax just like this, okay? I'm going to face you. You want to put your hands in here? You can put your hands out if you want to do that. Something. It's not how I do things. >> Okay. >> All right. Spread your feet apart. Your shoes. Go ahead and sit. >> Is there any drugs on you? >> No. >> No other piercings or anything like that? Okay. She's going to put you in handcuffs, right? And then in a little bit we'll take a ride. I said I'll wait for the other additional documents. Again, you are under arrest. I'll make this as smooth as possible, right? >> My car keys. >> Don't worry about that now. We'll >> Because you said you're going to put my stuff in my >> Yeah, I'm going to check your bag real quick. Don't don't be reaching for anything. >> I just you said I can put my bag in the back seat. >> I'm okay with that. >> Okay. Thanks. >> But is there anything in your bag you shouldn't have? I don't I'll I'll grab it. I'll grab it. So just just listen, okay? I'll grab it. Is there anything in your bag you shouldn't have? >> No drugs. >> No weapons, no narcotics, something like that? >> No weapons. >> Okay. >> Drugs, I smoked pot. >> You want to sit up there? >> No. >> Okay. >> That's my That's my pot. >> Okay. We're just going to put that into I guess you could say in our evidence. [snorts] We're going to put that up for destruction. >> That's fine. >> But hear me out. Like just cuz things are rough doesn't make you did what you did right justified. Just There's there's programs out there and stuff, right? You can always reach out to our community resource officers and see if they have any resources to help you out with. Cuz I know you have a kid, right? Three kids? Okay. They don't need to know what happened today. >> I'm really claustrophobic. I really get nervous. Can you just untie my chest strap? >> We can we can untie it, okay? But it has to >> Okay. Can you untie my back? >> But hear me out. No no no. You need to control your breathing because I don't want to delay this where you have to go. Okay. Cuz you have someone to go to your kids. So let me have you stand up [clears throat] real quick. Can you put your hands back a little bit? >> You're going to come up short. >> First one. >> We did the first one. >> It's only me. >> This is used to >> Wow. >> Okay. >> Okay. >> Wow. >> No problem. Just just take a deep breath. You got to control your breathing cuz what happens is if you don't I don't mind taking you to the hospital but it's just going to delay things. Okay. Question, where is your car at? >> It's a white Range Rover right here in the front. >> Okay. All right, let's I'm going to put that in there. >> Thank you. >> Can you hold on to this? Thank you. All right. Can you grab that door? >> Yeah. >> Set this [clears throat] up. What's that? It's on the right. Yep. Right in the front. Smith, have a seat. >> Oh my gosh. Oh, hold on. I need to check out of here. >> Okay. Okay. Just take a deep breath. >> Oh, I'm so close to throwing up. Oh my god. >> Okay. Okay, take a deep breath. >> How long is the ride? >> Say that again? >> How long is the ride? >> Like 15 minutes. I can roll the windows down. So, check this out, okay? I'll roll the windows down. Okay? [laughter] >> I should be able >> But I need you to I need you to I need you to relax and breathe, okay? Cuz if if you're not relaxing and breathing, then we're going to have to go to the hospital and it's going to delay the process more, which again, I don't mind. I know you want to get home to your kids, right? So, think about them. >> the window before you close the door? >> do that right now. So, I'm going to have this officer stand right here, okay? >> [music] >> The loss prevention manager receives an A- minus. Systematic surveillance, multi-manager corroboration, UPC cross-verification, and a sworn pre-police statement that survives any suppression motion independently. One deduction, the initial briefing to the arriving officer was disorganized on dates and item counts. The arresting officer receives a B plus. De-escalation was consistent. The arrest was communicated transparently. The rear exit preserved the subject's dignity, a female officer handled the pat-down, and the marijuana was handled with proportionate discretion. The critical deduction, the incomplete Miranda advisement. This is not procedural, it is a Fifth Amendment violation on the record. All four elements take under 30 seconds to deliver. Three were omitted. The subject receives a B. Full cooperation, no physical resistance, and consistent candor throughout. She cannot be faulted for failing to invoke a right she was never told she possessed. One deduction, the theft operated over 2 weeks using a deliberate method. Courts will note that pattern. For officers partial, Miranda warnings create suppressible statements. 30 seconds delivers all four elements. Omitting them can void an hour of lawful investigation. For loss prevention pre-police interviews carrying no Miranda obligation under Perkins, a thorough evidentiary record built before officers arrive can independently sustain a prosecution. For subjects, invoking the right to silence is not obstruction. It is a constitutional protection that exists precisely for this moment. Cooperation without counsel carries legal risk that voluntary candor cannot undo. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching.