Two women, two Florida stores, two very different constitutional outcomes, and only one of them ends in handcuffs. >> So, we watched the security footage, and you did not walk in with either of the items. So, do you want to change what you said earlier? Did you walk in the store with those two items? Okay. Did you walk in the store and pick up those items and then go to the counter? Cuz they have it on video, and we just watched it. >> No. >> No, what? >> No, yeah. This This can't be real. Like, what is going on? >> I get people make mistakes. I just got to I got to know why. >> honestly do not know what you're talking about. >> I'm with police. So, we are just going to detain you for a second, all right? We watched the security footage, and you did not walk in with either of the items. >> So, if you're getting two items that were switched, you know, that was significantly less, that I could understand as a mistake. When it happened three times in a matter of a week, >> Organized retail theft. >> I need you to just stand there and face the vehicle. >> Okay. >> Just stay facing the car and widen your stance. Face the car and widen your stance. >> So, you have you're going to get charged for retail theft and for criminal mischief, okay? >> Hi, ma'am. I'm with police. So, we are just going to detain you for a second, all right? Just under investigation right now. >> Appreciate your ongoing cooperation. And we'll explain a little bit more once we go outside so we don't have to blast your air conditioning. Is this your photo ID? >> Yeah. >> Is that your ID? Can I just see your palm? >> Yeah. >> I think I can. Okay. And then this product uh >> Um >> So, just so you know, you're not under arrest, you're just detained right now. Uh we're just investigating a fraudulent Sorry. Sorry. We'll ask you some questions and then I Yeah, I have to. >> Yeah. Um So, they're calling in cuz they're saying you're trying to do a fraudulent return. Can you tell me what's going on? I'm just buying Christmas gifts. Buying Christmas gifts? >> Yeah. >> Okay, so are you here to return anything tonight? >> Tonight was just the Polaroid, which I have a receipt for. >> You were returning the Polaroid? >> Yeah. >> Okay, when did Would you buy that? >> Uh I want to say within the last 2 weeks. >> Last 2 weeks? Okay. >> And I bought the uh tablet which I don't know if he charged my card. >> So, we can check. The tablet? >> Yeah. >> From tonight or >> tonight. >> Okay. >> Uh I have to check my credit card statement cuz I can't remember if he processed it. >> Okay. >> I don't think he did. Maybe. No, because he was trying to get me to sign up for a a Best Buy credit card. >> The teller was? >> Yeah. >> Okay. >> Yeah, and so that's why we didn't go uh proceed with the transaction cuz he wanted to uh run my credit card uh my credit report so that I could apply for the Best Buy credit card. >> Okay. >> Yeah. >> Um so, why do you think they're saying it's fraudulent? >> Did they say? >> Yeah, that's why they called us. They said you were making a fraudulent return. >> I have no idea. >> Did you buy it at this Best Buy last time, the Polaroid? >> I might have been. Did they say it on the receipt? >> The Polaroid? >> Yeah. >> I don't Yeah, it says on it. >> Um I have >> All of Mary's stuff also has case numbers on them. For her doing it over there. I think that's all I have on her. Um Stevie takes really good notes. >> When is this from? Do you know? >> Uh Oh, dang. It was, let me see. Here's her notes on her. Oh, we got fined on that day. 12:06 I want to say. I think we're done talking about >> lines. >> [laughter] >> Everything that she's done like in the store and stuff. >> Did you guys complete the refund that do you know did she get money from you guys or any kind of goods? >> Uh no, she She didn't >> Okay, so you so >> Not tonight. >> Not tonight. Okay, yeah, we know the previous ones. I know she's yeah. >> Which is why I I got myself involved this one. I'm like we already lost enough. I don't want to lose anymore. >> Perfect. And you guys recognize her from the previous ones? >> Oh yeah. Yeah, we were comparing. >> Perfect. Um tonight, but was she she's listed as a suspect as well. Which they recognized her from. Um is this a statement for today? >> For today. >> Yeah, could you include in there that you recognize her from the previous previous that case number and just write it in there? Um if you already did that, you may have. I was going to say you guys are pretty much >> I recognize the subject. >> Perfect. >> Will you put the case number? >> She has a >> No. So, we watched the security footage and you did not walk in with either of the items. So, do you want to change what you said earlier? Did you walk in the store with those two items? Okay. Did you walk in the store and pick up those items and then go to the counter? Cuz they have it on video and we just watched it. >> No. >> No what? >> No, I didn't. >> Okay, so what about the previous contacts? Cuz they have a running list of you coming into the store and kind of just pulling the same thing. All within this month. >> Yeah, and then I'm shopping for >> Are you but you're coming in empty-handed and saying you want to return stuff that you took off the shelves. >> But I have receipt. >> Maybe from one purchase, but the other two times that's not the case. >> What do you mean? You won't tonight the cameras caught you walking in empty-handed. >> wait a minute. >> to get a lawyer cuz I need to go pick up my little son. >> So, okay, we won't ask you any more questions. You can uh search her. >> Okay, go ahead and stand up for me. And then face the vehicle. >> Can I please pick up my son? >> You're under arrest for organized retail theft. >> I need you to to stand there and face the vehicle. >> Come on. Do you have something like you can give me something? Uh no family plan, no friends? >> Officer, just stay facing the car and widen your stance. >> stance Face the car and widen your stance. Face the vehicle and widen your stance. >> [laughter] >> Please, officer, can I speak to my son? >> What do I do? >> What do I need to do? I need to pick up my son. >> I'll let you call. >> Please. Please, officer. I need to pick up my son. >> Stand up. That means that you're at least like 20 >> Don't. >> certain amount of money. I don't know how much you can post. >> Officer, please. What is What is Can I do to pick up my son? Is there anything I can do? >> No. >> Tonight, please. >> You can bail out probably. But you got to get processed first. >> Oh my god. >> So, if you keep acting like this, it's going to make this whole thing drag out longer. >> I want a resolution. What do I need to do to go get my son? >> is you're going to the resolution. They're going to book you into the county jail. You're going to get booked. >> Oh my god. >> And then bail out. But if you keep acting like this, it's going to delay things and drag everything out longer. >> need I need to pick up my son. >> You're not going to do it that way. >> How long will it take? >> First of all, how old are you? >> I'm 42. >> Okay, start acting like it. You're acting like a child. >> I'm worried about my son. >> And that's why we're going to try to let you make a call. We don't have to. You're not entitled to a call. >> Officer. >> Is she searched? >> Yeah. >> Search her in the car. >> So. Oh my god. I need to pick up my son. Um I'm so sorry about that. I'm so sorry. >> At Best Buy, this starts as an investigative detention. Under Terry versus Ohio, that only requires reasonable articulable suspicion, a lower bar than probable cause. Loss prevention had already logged three incidents in one month. That pattern alone justified the stop. The moment security footage contradicted her story, this stopped being suspicion. Under Illinois versus Gates, courts weigh the totality of the circumstances, prior incidents, video evidence, a contradicting statement. Together, that met the probable cause standard. Florida statute 812.015 governs retail theft. Normally, that's a misdemeanor, but subsection 9 changes everything. Three or more separate incidents elevate the charge to organized retail theft, a third-degree felony, up to 5 years. Handcuffing holds up, too. Under Graham versus Connor, force is judged by objective reasonableness, what the officer knew in that moment, not hindsight. Confirmed theft plus refusing positioning commands made standard cuffing reasonable. One caveat worth noting, neither woman got a Miranda warning. Under Berkemer versus McCarty, that's not required during a stop, only once formal arrest begins. Continued questioning without it after that point risks losing the statement in court. >> Are you okay? >> I'm Officer Beecher. Just so you know, our body cams are on, okay? >> Okay. >> So, uh I'm here actually, real quick. Okay. So, um I'm here to talk to you about some incidents that you had at Walmart a few weeks ago. >> What? >> So, they have you on camera paying for higher-priced items at a lower price. There was like different tickets on them, like different price tags. >> What? >> So, there's there's stuff like cameras, um camera film, stuff like that. So, there was at least three separate times that this occurred. >> Honestly, I don't know what you're talking about. >> You have no idea? >> No. >> Okay. >> Different tickets, what are you talking about? >> So, the price tags is on like it was also kids clothes. There's all sorts of different items. >> I'm so confused. >> There was usually like four to five items per transaction. It was always on non-grocery stuff. Grocery stuff you pay full price. >> I mean, I feel like I paid full price for everything. I spent a ton of money down at the moment. >> Okay. Well, the video on the receipt shows otherwise. Just trying to save a buck. I mean, I get it. Times are hard right now. Specifically, there was like a $75 camera that had a and it's one of those like little kids cameras uh that had Is it motion? That had uh a sticker for like a 70 cent Starburst. >> This can't be real. Like, what is going on? >> I get people make mistakes. I just got to I got to know why. >> honestly do not know what you're talking about. I paid full price for all my items. Like, I >> So, >> my friend gave my daughter a camera for her birthday, but I didn't buy it. >> Okay. So, it's you. >> Okay, but I I honestly don't know what you're talking about. >> Okay. I mean, is that is that the story that we're going to go with? I'll tell you Do you want me to tell you the specific days? >> I mean, I doesn't matter >> January 9th, January 13th, January 15th. Those are the only incidents that they have found so far. >> I mean, I honestly I am >> Like I said, this >> astounding that it is. >> Like I said, there's there's two sides to every story. So, I want to come over here and give you the benefit of the doubt. >> Right. Thank you. >> And try to get your side, okay? So, that's where a little bit honesty comes in, right? >> Right. I mean, I always have my kids with me. They're always like crazy. Like, you know, like I don't try it I mean, that is just I don't know. I I don't have >> So, I'll put it this way. If it were just If it happened one time and you know, there was one item, maybe two. I'll even give you two items that were switched, you know, that was significantly less, that I could understand as a mistake. When it happened three times in a matter of a week, that's >> I mean, why wouldn't someone like say something to you like and like correct it? Like I would definitely >> Well, they probably didn't see it at the time. >> like I don't like I just scan and I pay for it. You know what I mean? >> Sure. >> Like I don't like like inspect every item unless I'm looking for a stuff in my cart. >> Sure. >> sure I ring it in. >> Mhm. >> Um but other than that, like I honestly I'm not perfect. I've done stupid stuff before, but I don't want to put my kids through that and I honestly don't >> Mhm. >> feel like I've done anything of what you're talking about. >> Okay. >> I don't switch tickets or whatever. I don't >> Okay. >> I don't know. I I >> And you know that you were previously banned from Walmart as well, right? >> The East Peoria one? >> You're banned from all. >> All Walmarts? >> Mhm. >> They just told me East Peoria because I was trying to pay for my items. I left them with my cart. >> Mhm. >> And me and my kids went out to charge my phone cuz I was trying to scan and go. >> Right. >> And it just my phone died. So, then I left them with my cart. They said I went past the threshold, which not like past the doors, but I was looking for help and hey buddy. It's okay. >> Mom's okay. >> I was just looking for >> talking to her. >> I was just looking for help and then um they they obviously weren't like crazy about that. And then the cops came and they're like we don't even feel comfortable with giving her a trespass >> Mhm. >> because they looked at the cameras and I honestly didn't try to take anything. I was just trying to pay for it and charge my phone. So, that was the deal with that. >> Sure. >> Like I never >> Well, that must have felt comfortable enough cuz you were arrested for that one, right? In East Peoria? >> No. >> No? >> No, I I was No, I wasn't arrested, but that was Washington for one, but that was Washington. >> Okay. Well, either way. >> But there is also someone who used my name um and got a theft charge and my um stepdad has the ex-warden of the correctional facility in Spring River um and he even had sent me the emails and whatever and it's some other girl's picture with my name on it in East Peoria. >> Okay. Well, the at least the one in Washington, that was you. >> Yeah. >> Yeah. >> And like I said, I'm not perfect. >> You were Right. And people make mistakes and I get that. That's not what I'm trying to What I'm trying to say is >> I've owned up to everything I've done. >> barred from all Walmarts. >> They made it seem that it was just that Walmart. >> No, it's all. And did you read the agreement when you signed it? >> And I even asked the cops. I I was like, "Hey, so is it just this one?" And whatever. Yeah, it was just the East Peoria one, I thought. >> Yeah, no, it's on it's >> So, I shouldn't go to Walmart at all? >> Anywhere in the whole US. >> See, honestly, that was a misunderstanding cuz I had no idea. >> Yeah, so I wouldn't go there. >> It's okay. >> At the Walmart residence, Officer Peeper can Across town, the Walmart contact looks completely different. Officer Peeper never detained anyone. He knocked identified himself and disclosed the body camera. Under Florida versus Bostic, that's a consensual encounter, not a seizure, as long as she felt free to end it. She did. That single distinction decides which constitutional rules even apply. The alleged conduct swapping a cheaper price sticker onto pricier merchandise falls under that same statute subsection 1 paragraph C. A $75 camera rung up as a 70 cent candy bar isn't a scanning glitch. With three dated incidents in one week, the same organized retail theft threshold applies here, too. There's a second charge stacked on top. She'd already been trespassed from every Walmart nationwide after an earlier incident. Florida statute 8.10.09 criminalizes returning after a trespass warning. Not reading the paperwork is not a legal defense. >> So, you're going to get notices to appear for them, okay? So, you have You're going to get charged for retail theft and for criminal trespass, okay? They both have the same court date. So, you don't have to make multiple court or multiple trips. So, like I said, retail theft and criminal trespass. Just don't go to Walmart again, okay? >> Um and it's any of the Walmarts. You can always call and ask permission to come back. Uh I get it there's not a ton of places to shop around here, but What was that? >> I don't have to go to Walmart, but >> Sure. Well, what do you mean? >> I just I really honestly I wish someone would have just stopped it right then. Like I have no idea. >> I well, I don't think that they're aware of that so this is a thing. You don't get alerts or anything like that if somebody's checking out through the self checkout or something isn't right. Something that's just not right. >> Oh, yeah. I feel like I thought it was like a weight and stuff like that. That's why you put it on there or whatever. >> I know a lot of times Yeah, a lot of times especially if it looks like it's a legitimate item because it's a legitimate barcode, but when they review they get alerted to it through whatever ways. They have different reporting, but when they see there's, you know, this is supposed to be a Starburst, but it's a $70 camera. What do you mean you don't know how it happens? So, those are your copies. >> I mean like I just don't understand how this is happening. Like I don't understand. >> [snorts] >> Well, like I said, if it were one time, I'd say that that's probably a mistake. If it's several times and several items is totaling like $100, that's not a that's not a mistake. >> This is crazy. >> Mom's okay. We're just talking. She's okay. Well, if you have anything else to add or you have, you know, any questions, feel free to give me a call, okay? >> I mean, there's nothing I can really add or do. I feel like I'm getting punished for something I didn't even do. I am not like a freaking criminal, whatever, but I just >> No one's calling you a criminal. We're just dealing with what we got to deal with. >> Right, and I understand it's your job, but I just it sucks. I I already had a charge, but I don't feel like I've done anything wrong. Now I have to face this, but I just don't understand why >> Ticket switching, that's I mean, that's what it's called. Ticket switching, pay less for >> know what I mean, I've never even heard of that. I didn't even know you could do that. >> It's not uncommon. >> Cuz I figured everything was weighed. That's why they make you put it on that like a Well, who would I wouldn't even have the time to think about that. I won't go to Walmart again, but I honestly didn't know that it was every Walmart either. >> So, how does everyone grade out? The Best Buy officer earns a B+. Probable cause was solid, the arrest was sound, but calling a mother childish during her own arrest was unnecessary. Officer Piper earns an A-. A clean, fully compliant encounter docked only for not spelling out the felony risk. The Best Buy subject earns a C. She told a detailed story before officer showed her the footage, then denied what was already on camera, and never once invoked her right to stay silent. The Walmart subject earns a C+. She stayed calm, which helped her, but cycled through several conflicting excuses. Inconsistency is its own kind of evidence. Here's the lesson. Silence can't be contradicted. A story told before the evidence is on the table usually can be. And in Florida doing the same thing three times isn't bad luck, it's a felony. That's the legal breakdown. If you want more body cam cases like this, subscribe and tell us what grade you'd give in the comments.