I'm going to take out two felonies. But it's one count now, but it's going to add up. Okay, so I won't even get no bond. Okay. So I guess you think I should go home? No. Why? More like you just stole a candy bar, okay? I guess there's a question about almost $11,000 worth of lottery tickets over Okay. So are they not winners, they don't win if they are winners, she scans them, takes the money if she found a way >> On November 8th, 2022, a patrol officer in Florida responded to a Winn-Dixie supermarket where the loss prevention team had concluded a week's long internal investigation. What awaited was not a shoplifter caught at the door. It was an employee who had allegedly discovered and exploited a vulnerability in the lottery redemption system, siphoning over $10,000 across 5 months. Before any arrest decision, loss prevention had assembled three independent evidence layers: store CCTV footage, internal register transaction logs, and Florida lottery terminal data obtained separately from the state, a system Winn-Dixie does not control. This cross-corroboration is legally critical. Under Florida Rule of Criminal Procedure 3.134, the state has 33 days from arrest to file formal charges, or the case is dismissed. gets >> [music] >> to make a lottery ticket a winner every time. So I guess you think I should go home? No. Why? More like you just stole a candy bar, okay? I guess there's a question about almost $11,000 worth of lottery tickets over Okay. So But you don't have it on video that it's It's 50 million videos. >> [music] >> I'm not sure. >> What's going on? All right, so what's happening is we have an associate. Okay, we started seeing some lottery shortages over here for instance taking it online. Uh-huh. Um it started back around beginning of July. Um and it's gone on to present. So since July there's been a lot of these ones lacking lottery [music] cards? Lottery cards, playing online tickets. Yes. Okay. You want to go back in there for a little bit? Can you tell me what's going on so I can try to pick it? I don't know what's going on so I can't Once I Yeah. That's the problem. I don't want my keys to be stuck out the door and I know. Well, we don't I don't know what's going on yet so let me talk to him and we'll go from there. Um >> [music] >> So I have her on video, you know, collecting tickets mainly at the liquor store. She would just scratch the bottom to see if they're a winner or not, discard them if they weren't. Okay. Cash them in if they were. And there's also another process on the cash register where we go over there. Um like somebody brings up a winning ticket we can then key in instant lottery redemption and then put in the dollar amount and we pay that out. Well, she figured out that she could do that even without a winning ticket and everything still balanced on the back end in our world. But then we got the bill from lottery then obviously we were like, "Okay, well, we paid out more redemptions than what we received." Okay. And so that's when all this started to unfold. Um so we're looking at total that I can prove that she took was was $10,653 something like that during that time. And everything is on video camera. Everything is on video. I got it all on a thumb drive for you. Everything is on video. I've got the our our report that shows our redemptions on our register and then the all of the redemptions on the Florida lottery terminal since we don't own that I can get that through the state. And that shows everything of what ticket she scanned, what the value is on an Excel spreadsheet. That's how I actually get everything. >> for her information? No, there's not a The machine the machine anybody can do it but it's [music] her schedule shift and obviously on video she's the only one at the liquor store because we usually only work one person at the liquor store. So basically she's been taking lottery tickets scanning the bottom if they're winners or not. If they're not winners they don't win if they are winners she scans them and takes the money. But she found a way to get to make a lottery ticket a winner every time. And it's been going on since July and they have a thumb drive full of all the The 12th of July 2nd I think was the first day that we discovered it. And how many times is um So we have like dates and times written out. Do you have anything written out yet or not? Everything's on that thumb drive as far as Excel spreadsheets. So she's basically taking lottery tickets scanning them. Do they all have to be activated first? They're all active because they're all you know for getting played. >> [music] >> Okay. You said The manager came in and found out. Sir I didn't know it was going on for a couple of days. I will tell you we're trying to figure that out. I'm trying to figure out what I have okay. I'm going to figure out if we're taking it or not taking it yet. Well I need to know cuz I don't >> I will let you know. Once I know I will let you know okay. So can you sit down for me? I don't know I don't know what's going on. I don't want to lose my kids either. I have my seven month old and a child at the school right now. Have an asthma attack so So let them figure out what's going on and then Take a seat for me we'll figure it out. >> [music] >> You know they'll they'll let you know. It's not much that we're So I just can't just go home? No. >> [music] >> Why? Because of the allegations I guess we have going on against you. >> to investigate this all out. Okay well now that they did their investigation now they can tell us what they have going on. >> said they had to talk to somebody else to finish what's going on and see what's going on. Well they're providing us a verbal statement of what's It's going on since July okay. So we it's not more like you just stole a candy bar, okay? I guess there's a question about almost $11,000 worth of >> This case is charged under two Florida statutes. Section 812.014 grand theft applies because the documented loss falls between $750 and $20,000, qualifying as a third-degree felony, carrying up to 5 years in state prison. Section 817.034, the Florida Communications Fraud Act, requires a systematic ongoing course of conduct with intent to defraud. A single transaction supports grand theft. Months of repeated exploitation, each act a separate count, activates the fraud statute and stacks the sentencing exposure. The scheme operated in two phases. First, the employee physically took lottery tickets, scratched them to identify winners, cashed the winning ones, and discarded the rest. Second, and more sophisticated, she discovered she could key instant lottery redemption into the register without scanning any ticket. The register balanced internally. The discrepancy only surfaced when the state sent Winn-Dixie its quarterly lottery bill, showing far more redemptions paid out than tickets actually redeemed, a lag of nearly 5 months between the first fraudulent transaction and the moment the employer discovered the gap. Lottery tickets are Okay. The first is So, yes, we're going to Is that something you wrote down? Do you want to Do you want that back or Okay. Okay. They do instant lottery redemption as a as a hand key. Right. And then they put $30, we give you 30 bucks. >> Right. Well, everything balances in our world until the [music] state, which we only get quarterly this thing sends us a bill which says hey You actually overpaid something. We overpaid we overpaid in redemptions because she figured out that she could just do that instant auto redemption with no ticket and get the ticket whatever money she wanted out of it. So we're not worth a thing. Correct. Or not No we're not a loser. We're a loser. Not even having a ticket. She just goes up to the register and goes instant auto redemptions $100 $100 $100. Correct. You can just computerize scores. Is that normal practice? In my 15 years here I've never had somebody figure that part out that they could just do it without [music] a ticket. So obviously something on our back end that might need to be addressed but >> Yeah. because it gave you that opportunity. Okay. And then she played some online stuff too. I mean the online's probably a couple hundred bucks but the rest is adds up to the you know, 10,000 600 something dollars. >> [music] >> Okay. Do you have a printout of I didn't print it out but it was just so big. I mean the before pictures are massive. Uh USB that you have what what is on it? I've got all the video. of her doing all this stuff. I have all the receipts. Yeah security video yeah. Yeah timestamped dated. Um I have one file that has all the video one file that has You okay? Yeah. Oh [ __ ] Scared the hell out of me. I've been out here all night. Huh? I've just been out here. I noticed all that she got up over there and you moved back so I didn't jump cuz she told me to make a phone call. So I'm trying to think of who can I call to get my kids home. And the her children are about to get out of school so she was But I do need the statement. Right. So what she could pull That's what I'm trying to figure out cuz the people manipulate make sure y'all understand. So I'm trying to think who around my house that I can call. I would I'm going to try to figure it out. That's what I'm trying to So while we're doing figuring out stuff I hear so you figure out stuff what's going on. So can you ask them to give a statement that they were just talking to me about this 2 months ago that I will gladly ask them don't worry about that but I'm telling you right now I'm going to be talking with them we're going to figure out what we have going on. You have until by the time we come in here and talk to you about what's going on to you figure out a ride for your family for your kids and stuff. >> I go to jail? There's a possibility. Why? Because apparently you stole almost $11,000 from the store. And Mike the head coordinator of the store that I work at had a conversation with me and they wrote me up for it. Let me like I said let me figure out what they have going on here just get somebody see if they can pick their kids up just in case if you do happen to go to jail. That's the thing I'm trying to think who can I call? My family don't stay here they stay in Georgia. Okay well you need to figure out a family friend or somebody or if I can call my friends at child protective services. So can I call y'all one of the police officers that used to work with you guys? Used to or does? Mike the head coordinator didn't tell you about the meeting we had? >> Hang on. See now he don't want to say nothing here. Cuz she's talking with us I told you and you just can't interrupt we're talking now so figure out what you're doing figure out something with your kids okay? Can she walk me in the bathroom? No. I don't see them like No. She's walking with me. >> No you're not going anywhere. I can't even go pee? No you cannot go pee. How do I supposed to use the bathroom? It's either you make phone calls now for somebody to get your kids okay? I'm helping you that before I put you in handcuffs or you just go. No we're not doing that. So I can we have to listen to It's my you're you're in my custody right now you are not free to go you're under investigative detention right now okay? You know what that means? I also want to talk to Okay. Okay. So what was the question? This is the actual total amount so we can just put I have to pee. Let me ask you a question. If a police stand in front of me, they can they can deny me from using the restroom? You got to tell them why we're in front of you. You're you're you're making accusations of you stealing $11,000 from Winn-Dixie. Say it again, Lindsey. Okay, because with when I started back over here, he's saying that um $11,000 worth of lotto I took. So, the police stand here. I have to pee. I like I'm bleeding. Like he's telling me no, I cannot go. >> [music] >> I just asked him. He said no, she can't even go with me. So, I have to stay here. Yes. Yes. 2233 >> She said if a female could pull up on me, I should be able to go. It has to be law enforcement. Y'all can stand at the door. Ain't no Ain't no police in the bathroom. Do you have a I need a female officer to pat you Oh my gosh. No, they said no. I'm having a female officer come here and she's going to search you prior to going to the bathroom. >> Oh, she's the first one to want to take my No, no, no, no. >> What's this in my pocket? No, I won't open up my clothes. This is in my pocket. >> You're fine. I know. This only thing in here is milk and this leafy. Nasty. No, you are fine. Okay. He's saying no, I still can't go. But why don't you ask her see if she will um Yes. >> go pick up your little one just in case you do have to come with me. I cannot hear you. Okay. She said the same thing you said. What? I'm sorry. When the police say something to me, I call somebody who used to work for the police, who used to work with me. She said as long as it's a female officer, I can go. Other than that, if it's a male, I cannot go. I have to sit here and hold my hand. Correct. But you >> So, Mr. Art, so they didn't tell you about the write-up they gave you for that? What's that? They [snorts] didn't tell you about the write-up, the the whole conversation we had in here? Cuz I had it with Charles E. Court. That's fine. I mean But this But this is about the same thing you just talked about. Correct. Cuz at that point, we didn't we didn't know where the loss was coming from. >> You said the Lotto He said he said the Lotto the Lotto is messing up. So, you whatever you're doing, you need to stop. He said cuz it's a a lot of money for that. And then after that, it was another one for the Just need to go upstairs and see if Yeah, so apparently apparently, 3 days ago, Lottery Police got contacted by Winn-Dixie about it. They've compiled all the paperwork and all like the files and everything for Winn-Dixie. So, there's a PDF up here with like tons of information on it about video surveillance. I guess each actual um scratch-off ticket dates, times, money value. I mean, we're at like 11 The Miranda timing is the most instructive constitutional moment here. Under Miranda versus Arizona, 1966, custodial interrogation triggers a mandatory four-part advisement: the right to silence, the warning that statements will be used as evidence, the right to counsel, and the right to appointed counsel if the subject cannot afford one. Critically, Miranda attaches only when both prongs are satisfied simultaneously, custody and interrogation. The Supreme Court clarified in Berkemer versus McCarty, 1984, that investigative questioning of a detainee is not automatically custodial interrogation. The distinction is critical. Miranda rights protect against compelled self-incrimination, not against all questioning that happens while someone is temporarily held. The officer applied this distinction correctly throughout. He interviewed the loss prevention manager and store manager without any rights advisement. Both are third-party witnesses, not the suspect. Miranda was delivered only when questioning shifted directly to the employee herself at the point arrest became imminent. Delivering Miranda too early risks contaminating witness interviews. Delivering it too late risks suppression of the suspect's statements. The officer identified and threaded that line precisely conducting an extended witness phase without Miranda, then pivoting to a formal advisement the moment the suspect herself became the subject of questioning. That sequencing is legally sound and tactically delivered. Grand theft. I mean, that's Yeah. That's that's that's That's corporate fraud. Well, it's theft. It's grand theft. Yeah. Right. So, Walmart has their own corporate theft investigators [ __ ] like this. Yeah, well. So, Walmart they wait 5 months to do this. >> Well, they just knew about 3 weeks ago because they got alerted by the state regarding, I guess, basically they sent a summary or whatever and I guess they said like, "Oh, you're you're over this amount because basically each ticket has a value. So, she would go in, just go to the computer and just take money out without scanning a ticket. So, that's like they hit. And then I guess that's when they found out about it. They started investigating it, contacted Walmart police. Walmart police sent them all the information. Um I guess she just got the rest of the information, I don't know, yesterday, today, or 2 days ago and then I guess uh she's here. So, nobody's talked to her yet. Um I guess Walmart police said that they have a too high of a workload that they're not going to come take this. And that it's just simple grand theft. That's my favorite. If you need him to come to the station to uh go this way to explain all the paperwork and how to read it and all this other kind of stuff. >> they've been helpful already, so He'd be He'd be more than happy to come to you. Like [music] I don't understand why they just don't do it, but whatever. So I just need you to fill out a statement form. Basically just put your information here. Okay. >> Down here put her information. Okay. >> And then let's just make this the easy way. So on the statement form just write um On this date at this time I was informed of XYZ. Um you began an investigation which you ultimately determined that from this month this day to this month this day employee X was doing XYZ. Um you contacted the lottery police. Uh they went ahead and sent you over all the files as far as video, dates, times. I'm assuming the the transactions like the >> all the video and all the register transactions was from us and then I had to go through the state to get the the the lottery their lottery terminal reports. And that's like the scans of the actual >> the scans, right. And then just say you got all of that information. Um just say that um it has been determined that the total amount of of of theft from um your business or whatever is X amount of dollars. Um and then just put in there that you wish to pursue charges. Okay. All right. Okay. Cool. I mean that's I mean we don't have to go too deep into yours. Right. I mean I mean everything's on the thumb drive, so I'm I know it's going to take some time to do day by day and each time and everything. That's a lot. >> That's all I was going to say. It's probably going to be she absolutely will be out. She says no. If she doesn't So we continue to the of Because it sounds like it's kind of in depth for months, right? So, and once we arrest her, the state has 33 days 33 days to file on the charges. So, if we can't really make sense of it for them, then they're going to drop it. Obviously, the only thing I'm worried about is restitution. So, obviously if you go through the restitution part to get that. So, is it is it Windex that's out of luck or is it Florida Lottery? I'm at a loss for the value of the tickets. Okay. Now, the cases that I've worked for in the past is we'll prosecute for the value of the tickets cuz that's my loss. And then the state goes after that person for the winnings of those fraud tickets. Okay. So, that's what usually happens. >> So, that's going to be that's even more in depth for Florida Lottery. Yeah. Yeah. What was the total value for the almost For my losses 10,000. Yeah, 10 10,653. For the just 100 >> For the tickets, yeah. Okay. Yeah. Yeah, then the value for the state's probably going to be triple that, probably. Yeah, depending on what you want to do. Yeah. So, I guess it's just on that just kind of like just just dating found out about this. You begin the investigation and then, you know, kind of the format of it. Okay. Cuz I I probably I'll be I'll be doing the initial just a brief just we got here right here. So, this is what we said. It was handed over to them to Okay. spend the more manpower time to sit there and go through everything. So, So, what's most likely to happen is they're going to take the initial report. It'll come out to us and then we'll look at everything that you provided them and kind of make sense of it for the state and then file the charges. Okay. Okay. So, as long as I can get this through the courts, I mean that's my only hope is restitution. Yeah. Okay. We got a lot Yeah, from there. All right. Who do you want to do an interview and an interview? Um Do you feel Do you feel comfortable Do you have one already or do you feel comfortable going through I don't really have a lot of knowledge, but I'll give it a shot. Just so I understand. Always have a mic. So, do you want to go over the plan now? I hope this chair doesn't break on me. I just want to What was your What was your I know your your last name is Berg. What was your first name again, ma'am? You can read my Miranda rights and send me off to go to jail. I didn't say that, but in order for me to speak to you, okay, because you are detained, okay, because we are doing an investigation, in order for me to just legally speak to you, I have to read you your Miranda rights. So, nobody said you're going to jail, okay, but I have to read these to you, okay? So, what was your first name? mistakes that the Constitution requires I inform you that you have the right to remain silent. Anything you say will be used in court as evidence against you. You are entitled to talk to an attorney now or have him or her present now or anytime during questioning. If you cannot afford an attorney, one will be appointed for you without cost. If you desire to consult with an attorney first or have her during the interview, just speak up at anytime. If at anytime hereafter you wish to remain silent or have an attorney present, all questions will be stopped. Do you understand your rights? You would you will only speak to me? Go ahead. Okay. Is that a yes? The warrantless arrest is authorized under Florida Statute 901.153, which permits arrest without a warrant when the officer has probable cause to believe a felony has been committed. At the moment of arrest, the officer possessed video surveillance transaction logs and state lottery terminal records well above that threshold. Terry versus Ohio 1968 sets reasonable suspicion as the minimum floor for investigative detention. This case never needed to rely on Terry. Full probable cause was established before the officer walked through the door. The investigative detention that preceded arrest was therefore authorized at the highest available standard, not the Terry floor of reasonable suspicion, but the full probable cause required for a warrantless felony arrest under Section 901.15. The bathroom access dispute raises a 14th Amendment due process question. Due process requires reasonable accommodation of hygiene and medical needs during detention, but it does not guarantee unsupervised access to non-secured areas during an active investigation. When the suspect stated she was menstruating and needed the restroom, the officer dispatched a same-gender officer to escort her. That is the constitutionally adequate standard. Denying access entirely would have been a due process violation. What the Constitution does not require is unmonitored access to non-secured areas during an active felony investigation. The same-gender escort solution satisfies the constitutional obligation while maintaining investigative control. Also notable, the officer explicitly refused to predict whether bail would be granted. Under Bram versus United States, 1897, still cited in modern suppression hearings, confessions or admissions induced by promises of leniency or favorable treatment can be challenged as involuntary and suppressed. By staying noncommittal on bail, the officer protected the admissibility of any statement made post advisement. This is a detail that separates procedurally sound arrests from ones that unravel at the suppression hearing. Bram is old law, 1897, but courts continue to cite it whenever a defendant argues that favorable treatment was implied during an interrogation. Is that a yes? No. Okay. Just there are resources out there, okay? And if you need help, you need to contact us, Salvation Army, uh rescue outreach mission, there's a whole different slew of things out there, okay? We have a pamphlet at our police department, which is my address on it. So I know where you live. To make sure all your information's right. Okay? There are pamphlets we have that have I don't know. a hundred different types of resources out there. Okay, well, okay, what happens with my address? So I know where you live. You do you know where I For a report. My address has to be on the report? Everything will be on the report. This is what's happening, okay? You're going to take a ride to jail, okay? So, sit down. Come on. >> you need to call? I don't have nobody to go get my kids, so come on. Okay. Oh, hang tight. We have some some things that need to be handled over here. So, have a seat. Okay, what will be the charge? Grand theft and scheme to defraud, as of now. One count of grand theft and scheme to defraud. >> What is that? But, there's going to be more counts of grand theft coming down the road once they can go through everything and and itemize every individual transaction. So, every transaction is a theft. So, I'm going to have a felony charge? >> Yes. Two felonies. But, it's one count now, but it's going to add up. Okay, so I won't even get no bond, okay? I believe there is. I don't hold me on it, though. All right, so have a seat. So, you got to ring me inside here? Hey, just just bring that later. I don't even need it. Come on. Uh-oh. Come on. Can you walk me through out the door? I got to do it here. Do it right here. I don't need to save it. I You're hurting my arm. Okay, well, I'm trying to put your arms behind your Stop pulling from me. Hang on. Please. Put your hands behind your back. Okay. Stop pulling. Do you understand that? No, I don't walk down the stairs. >> matter. You're pulling from me. Okay. You don't do anything that I don't tell you to do. Do you understand that? My hand was on your couch. I was in the car. I'm not happy. Just Just After Miranda was read, the suspect appeared to consent, then said, "No." Then continued speaking voluntarily. Under Berghuis versus Tompkins, 2010, waiver must be explicit, voluntary, and knowing. Ambiguous or inconsistent conduct does not invoke the right to silence. Once a subject continues speaking voluntarily after a Miranda advisement, every statement is admissible. The emotional pressure of the moment is real, but it does not legally invalidate the waiver. Invoking counsel immediately was the legally superior choice available to her. On use of force, the suspect verbally complained her arm was being hurt during handcuffing. Under Graham versus Connor, 1989, force is evaluated by objective reasonableness from the perspective of a reasonable officer on the scene, not in hindsight. The officer used wrist control and arm positioning to achieve compliance. No strikes, no takedowns, no weapons. For a non-violent felony arrest where the subject is verbally resistant but not physically combative, this is within the standard. The officer receives a B. Miranda timing was textbook. Tone was measured throughout a prolonged and emotionally charged encounter, and force during arrest was minimal and proportionate. Deductions: The bathroom dispute consumed unnecessary time. Requesting the female officer at the first mention would have resolved it faster. Managing the suspect's welfare concerns, child care arrangements, bathroom access, emotional distress, while simultaneously reviewing complex financial evidence with the loss prevention manager created divided attention in an environment that was not fully secured. A second officer earlier in the encounter would have addressed this. The suspect receives a C+. She avoided physical resistance, a meaningful choice that prevented further escalation. However, she waived Miranda under emotional pressure and continued making voluntary admissions. Her circumstances were sympathetic, but under Berghouse, emotional waiver is still legally binding. Every voluntary word spoken after the advisement is prosecutorial evidence. The loss prevention manager receives an A- minus. Three-layer corroborating evidence collection is above standard for private sector investigation. The deduction reflects a structural control failure. A policy allowing a single cashier to key cash redemptions without a scanned ticket is an exploitable vulnerability by design, not merely a lapse in employee judgment. Three takeaways: For officers, Miranda timing is a precision instrument. The custody plus interrogation test protects both constitutional rights and the admissibility of evidence obtained. Delivering it at the wrong moment in either direction has consequences. For detainees, the right to remain silent exists precisely for high-pressure moments like this one. Invoking counsel immediately is always the legally safer choice. For businesses, internal controls that allow unverified cash transactions are a structural liability. No criminal prosecution will fully remedy after-the-fact. 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.