Some gift cards to pay for my school and things like that. However, Okay. Okay, so we're looking at a theft from the business. Right now, there's 2100 grand now. I wouldn't be prosecuted if I were to give you the payback today. Is that a good idea? I I can't make a recommendation. On May 22nd, 2024, a Florida Sheriff's Deputy responded to a Walgreens employee theft call. An 18-year-old cashier named Austin had spent two months loading gift cards at the register and transferring the value to his own cash app without charging any customer. Total loss, $2,100. Walgreens had video of every transaction. What followed raises three distinct questions of constitutional law. Hello. Hello. Hi, how are you? Good, how are you? >> Good, I'm Deputy Delgato. Um My name is Deborah and I'm an asset protection manager with Walgreens. Okay. This is What's your full name? Austin Lowe. What's your last name? Lowe. So, why don't you tell the officer what has been going on? From like those ones. Mhm. You You're employed here? Yes, sir. How long have you been working here? A few months now. Few months this year or last year? This year, sir. Okay. And what's What's your title here? Uh customer service associate. >> Customer service, okay. You're not a manager or anything? >> No, sir. Okay. All right, so what are we getting um What are we brought in the office for? Um Are you asking me that? Well, tell him what you did. I haven't spoken to So, um I Go ahead and say it. Um ringing up some some gift cards to pay for ice cream and things like that. However, okay. Okay, so we're looking at a theft from the from the business. And they said that there's a possibility that the cost the company will not pay that, which I'm willing to do. And I'm willing to pay that one here. They said that there's a possibility that um if you're okay with that. Right now, is $2,100 grand now? I wouldn't be prosecuted if I would have paid it back today. On the spot. So, I don't know what the attorney would say. I couldn't negotiate anything like that. Um that's not really my job per se as far as if you do this or that, charges may or may not be pressed. At at this point, he doesn't have $2,100 on his company. That one is sitting in his pocket. The first question, were Austin's statements to Walgreens loss prevention admissible under Colorado versus Connelly 479 U.S. 157 decided in 1986. Miranda warnings restrict only state actors sworn law enforcement. A loss prevention officer is a private employee. No Miranda warning is required. A written confession signed in a back office before police arrive is among the most powerful evidence a prosecutor can obtain. And it is fully admissible regardless of what the suspect was or was not told. Okay, so those are all the transactions that he's ringing up. And he did two today for a total of $400. We put it on a cash out. Oh, yes, ma'am. Is it still Do you still have that $400 on the cash out? Okay. The two that he did today So, there were two today. For $400. And the receipts are for going back. >> there and we also he also has the video in there. Every single one is on video as well. Okay. Should have brought a thumb drive right there. Mhm. That's a picture of it. You know we don't do thumb drives anymore, right? What do you mean? We can give you a We can link you to the An Axon link? Yeah. Are you guys able to do the Axon link? They can't, but I can. But it's >> [laughter] >> See, that way we can We try not to take a thumb drive anymore. They want to write on the They want to write on the Axon link. Do you know why? I just got an Axon link from somebody. About 22. >> That's how they wanted it. They just said no. That's their chance to ask. >> Do you know how long it's been? >> take that, but like I said, it won't get up because the problem is I got to make sure with the state. Don't touch my phone. State doesn't have access to the evidence. There's nothing that you guys can do about that. Not at this point. Prosecution. For what? You're saying You're saying that there's nothing that you can do to There's nothing we can do about that at all. Are Are you a juvenile? How old are you? I'm 18, sir. >> 18, okay. So, you wouldn't qualify for a juvenile first offender program. So, you're saying That's probably what you're talking about. Yeah, you're you're looking at a grand theft uh for the amount of about 2,100. >> Even if I can pay back the money, still Yeah. Like I said, that's not that's not our fault. Yeah, that's not our fault. That's that's Walgreens. We don't We don't negotiate with that stuff. So, they've obviously contacted us for a reason. They said they want to They've obviously contacted you to take take back. I I mean, listen. Like Like I said, that's not up to me. That's up to Walgreens being a victim. They looked it up and you didn't have that much on your paycheck. So, they said yes, prosecute and terminate. But you're saying that they said that because I didn't have the money on me. On On your paycheck. So, that's why. So, we can't do any more negotiating, okay? No, but I'm saying even if I was able to like get the money. Like if I would to my mother or my father, even if it's not on my paycheck necessarily, if I was to get the money and pay the money back >> [music] >> like legally, is there a way that you could speak to them and see if they would be able to change their mind on the prosecution, not necessarily the termination, just the prosecution part, even if I was able to pay the money like right now and not like >> You couldn't pay the store until it That's okay. I understand that. I wouldn't want to be Or are you saying that you'd possibly be able to make a phone call to settle this right now? >> Yes, sir. That's what I'm trying to say. >> Like I said that's That's not That's not up to me. You know, I will I'm going to talk to the officers and the store manager outside. I mean, they've already told me and see if I can just make a phone call, not leave the store And we have They have places to be. I have places to be. I understand. So, you have to stay in here with him, okay? Yeah, I'm going to hang out here. Is it okay if I make a phone call now? Hold on a second. Hold on. Let's stay here. All right, man. We'll be coming your way. Thank you. You're not a problem. Even if he did, no. Even if That's what I'm saying. Even if he did. I I can't tell him or tell you guys, "Hey, if you pay this money, we won't pursue charges." This is This is a Walgreens thing. It's up to what Walgreens wants to do. If they want to evict him or if Walgreens just wants to terminate and trespass the employee. We want We want also maybe We want to prosecute. We want to you know, okay, we're not going to talk like this. We want to go We want to He lives too close to here. I would rather prosecute. He's a liar. He's like, no, just prosecute. And you know what? When I first started talking to him, he knew what asset protection was. He knew what business protection was. He's going to be terminated as a previous company. He said Okay. Right. Right. So, listen, regardless you didn't know get the money, can't get the money I just need to know the decision on whether we're prosecuting criminally or or if we're documenting and trespassing from the store completely. That's something that you guys should probably have a discussion right now and then let me know. Okay. We're going to prosecute Okay. Have him arrested. Okay. The second question when did custodial interrogation begin? Florida statute 812.015 the shopkeeper's privilege authorized Walgreens to detain Austin pending investigation. But the moment Deputy Delgado decided to question him further the Fifth Amendment clock started. Miranda versus Arizona 384 US 436 1966 requires two concurrent conditions custody and interrogation by a state actor. Both were present. The warnings were legally mandatory and they were given. What's that? A regular mugging, I don't know if you heard it. No, I didn't. Okay. So, so here's the situation. Um I talked to Walgreens obviously representatives. They want to pursue criminal charges. Okay. I know you agreed to pay them back or you know, whatever. I guess it's it's beyond the point to where they're willing to agree to that. So, we're going to have to go this route. Um so, any payback would be through a restitution through the courts. Um Have you ever been arrested before? Yes, sir. Okay, for what? Uh it was a driving A what? >> Driving for driving. It was Driving? It was street racing, but I wasn't so it got like dismissed. [music] Okay. All right, here here's what I'm going to do, okay? Right now you're not free to leave on a criminal investigation. Um I'm going to see if you like provide a statement, okay? As far as um you know, what what occurred here. So, I'm going to be arrested right now? Um I'm not done. I have to look at one more thing, but there's a very good chance. So, there's still a possibility? Let let me read this to you, okay? Okay. I'm required to warn you before you make any statement that you have the following constitutional rights. Okay, you have the right to remain silent and not answer any questions. Any statement you make must be freely and voluntarily given. You have the right to the presence and representation of a lawyer of your choice before you make any statement during any questioning. If you cannot afford a lawyer, you're entitled to the presence and representation of a court-appointed lawyer before you make any statement and during any questioning. If at any time during the interview, you do not wish to answer any questions, you're privileged to remain silent. I can make no threats or promises to induce you to make a statement and must be done on your own free will. Any statement can be and will be used against you in a court of law. Um do you understand those rights as I have read them to you? Okay, with those in mind, are you choosing to speak with me about the incident? Is that a good idea? The third and most consequential question did Austin invoke. After Deputy Delgado read Miranda verbatim, Austin responded with a question, not an invocation. Under Berghuis versus Tompkins, 560 US 370 decided in 2010, invocation must be explicit and unambiguous. A question is not an invocation. Hesitation is not an invocation. Silence is not an invocation. The only words that stop the interrogation are I am invoking my right to remain silent or I want an attorney. Austin said neither. The interrogation lawfully continued. Are you willing to to speak with me today about what's been going on since we So, talking to them, they said that you've basically been engaged in an ongoing course ongoing course of action, loading gift cards fraudulently. Your drawers been coming up short. Um and you've been pocketing the money. So, the gift cards. Okay. Um they said that there were some transactions today that were done, I guess on your phone. Yes, sir. I I don't know how how that works. You'll have to explain it to me. Um but so right now, the allegations right now are are grand theft. Okay, from Walmart. Um how long have you been employed here? Two months. Two months just this year? Yes, sir. Okay. Um do you work the registers? Yes, sir. Okay. Now, from what I described to you is that you've been accused of, which I I saw your statement as well. Um how does it work with with loading the gift cards? Um you just type it in and just So, so describe to me what you were doing with the gift cards? the action of Yeah. Um just just scan it and then just type in the amount. Is it like a sale? You scan it like a sale? Yeah. Okay. And then and then you load it, you load the gift card through the register. You just type type the amount and then you just like proceed with the transaction. Okay. And then you complete the transaction. >> Right. And then you just pocket it. >> like touching of like any like money or anything. No, not physical money cuz it's it's loaded up on the gift card. And then you would keep the gift card. Right. Okay, without paying the money into the register. Right. Okay. You know that's wrong, right? Yes. You know that that's theft from from a business who's already paying you a paycheck, who's trusting you Yes, sir. to work for the store on their behalf, right? Yes, sir. So Austin described the scheme step-by-step. Scan the card, enter the amount, keep the card without charging a customer. He confirmed it began in April. He confirmed the total. He confirmed he knew it was wrong. Every element actus reus, mens rea pattern of conduct was established by the subject himself on camera after a valid Miranda waiver. Florida statute 812.014 classifies this as grand theft, third-degree felony, up to 5 years. Florida statute 817.034 The Communications Fraud Act treats each transaction as a separate count. The same conduct yields two felony charges, not one. That's what we're dealing with. Um, they're telling me that this has been an ongoing course of action since the beginning of April? Do you know about how many times you've loaded gift cards? Not off the top of my head, sir. Just because it's so many? Not necessarily. It's just like I just don't really like I wasn't really thinking about it too much. Okay. Let me ask Let me ask you this real quick. Uh This is a statement you did with Miss with a Miss Deborah. Miss Deborah as far as regarding the actions that happened here. Okay. You wrote this? Yes, sir. Okay. Do you swear that what you wrote in here was true? Yes, sir. Okay. Did she even make the call? Call to who? Call to who? She said she was going to speak to I I don't know cuz I wasn't with her the whole time. Right. But the they've determined that they are going to pursue charges. And there's still no way that I could potentially try to No, not right now. Meaning if I ask again, is there any chance? >> Yeah. Yeah, they've Trust me, I asked them I I told them I needed a clear answer basically before I proceed you know, any further. And unfortunately, this is the decision Can I just ask one more question? >> One more time From here, did she leave? No, they're still here. But I I understand what you're saying. Okay. But we are beyond that. They are beyond that. Okay. Asking again isn't going to do anything cuz we've already had that conversation and their decision has already been made. Okay. That's why like had this hypothetically had this just been a one-time deal and then you came back, "Oh my god, I'm so sorry. This is what I did. Here's the money back." You know, no harm, no foul, maybe this could have been a different scenario. And you may just been terminated. But like I said, there are numerous transactions totaling up to $2,100. Right. So it basically just shows it's still going, it's still going, it's still going. So why is he still going? You know what You know what I mean. So Is there is there is there a way for me to make a phone to organize the money? Got it all. So so here's the thing. We're not going to make phone calls to make payment. Okay? >> Can you repeat that? I'm sorry. We're not going to make phone calls to make a payment to Walgreens for the amount, okay? Any this will be restitution. >> Yeah. What's that? Uh basically decided by the courts whether you have to reimburse the money or not. And that's when that would be paid back. Okay? In the meantime, I wouldn't contact them. I wouldn't Looks like we're going to trespass you as well. >> likely. Yeah. So So most likely you're going to be trespassed. Normally how this goes is is they owe you a paycheck. It'll be sent to you in the mail. Well, I don't even know if they're going to collect your money. It sounded like they're going to try and take the paycheck, so I don't It was part of their financial restitution, so it's like they're going to take a paycheck. Okay. Oh, that's what she said. There's not enough money in the paycheck. >> Yes. Yeah. Got you. I'm thinking they're going to take his paycheck for restitution, some of the restitution, but I think they're going to do. So I don't know for sure. Yeah. >> to jail. Yeah. Jail jail. Yeah. Do you have anything in your pockets? Like illegal? No, like anything. Yeah, I have my phones. >> Okay. Stand up, do me a favor, just put your stuff >> Then why you couldn't arrest me? No, but I can we can try to conceal you. Is that okay? We'll try to keep you away from customers. I'm parked on the side of the building. I'm not parked at the front. Okay? We're not going to make a We're not going to make a big a big scene about this. So maybe Well, we can make some phone calls after this. >> Yeah. Okay. I don't know the numbers off the top of my head, though. That's fine. We'll get it We'll get it from your We'll get it from your phone. Okay, but I still got to write the report, okay? We're going to go back to the office and then we'll we'll wheel and deal on the phone if you need to notify your mother. Okay. Is this like a Like a like a sentence type of thing or is it jail sentence? No, this is just for the initial charge. Okay? >> You know what I'm saying? Like when when you arrested me, like I'm going You go to You're going to jail jail. You're being charged with a crime, okay? It's a non-violent crime. It's not domestic. If you talk to your mom later, she can bail you out. You can be out today or you could be out tomorrow. >> I could be out today? Yes. Yes. Yes. But for good? Well, until your Yeah, you'll have to go to your court date. >> Yes. So she could bail me out and then I would But you'll be obligated to go to your court date. >> Processing Processing where I'll be straight up with you. Processing is going to take 2 or 3 hours. >> Yeah, I know. When I got arrested the first time, they put me in a holding cell. You're going to go through the same thing. Yeah, and then like I was there for like a long like a lot of hours and then they allowed her to bail me out. Yes. >> Well, I mean you got a lawyer. You got to realize something. We don't We don't pro Once we get to the jail, that's beyond our control. We don't We that's that's not our side of the business. So how long However long they keep you keep you in that intake and things like that, that's on them. We can't tell you how long you're going to sit there for. There's no guarantees on that. But there's a a guarantee [music] that I can post bail, though, right? Or I can't guarantee that either. Well, with with a non-violent crime, that they should There should be able to put up on you. What's the What's the bond on the felony? It's $3,000. I thought it was $3,000. I thought it was 3, I thought it was 2. So, what is it? It's 2 or 3,000 for the bond. You get it if they get a bondsman, you only have to pay 10%. That's 2 or $300 with a promissory that you're going to go to court and you're not going to run. >> Yeah, some type of collateral. Yeah. Okay. She may have to sign her car or something, I don't know. Or Or pay the money up front and then they'll reimburse her. That's up between the bondsman and it's whoever posts your bond. So. Anybody can pay my bond? Anybody can Anybody Do they have to be here to pay the bond? No, no, they they got to pay the jail. They got to pay the jail. No, I'm saying not not here, but I'm saying like they have to go to the jail to pay it. >> Yes. Yes. In order for your release, they got So, there's no way they could like Can they do it over the phone? I don't know if they do it over the phone. I don't know if they do it over the phone. No, cuz I guess cash. They got to pay cash. Oh, they have to pay cash. The bondsman may go there and pay it. The bond The bondsman might be able to wire, but but your family has to pay cash. And it has to be my family that does Well, anybody that's bailing you out. Whoever's bail It could be a friend. So, I could have a friend to bail me out? Is there a way I could do this without Is there a way I could do this without my parents? Yeah. So, yeah, without your parents. Yes, you're 18. That's what I'm saying. Like is there a way I could do this without my parents? Yes, you can [ __ ] Potentially without them even knowing. Yes. You're an adult. For real? Yeah. Yes, you can call your friends. And the worst case worst >> I write their numbers down. You can, not not here. Yes. Yes. But yes, you can contact friends and friends can come. It It doesn't matter who comes and pays cash. >> The only thing is I don't have any friends out here. They're all living in like different states, like New York and Georgia. So, that's what That's why I asked you. Well, then maybe one of them will have to call a bondsman on your behalf. Right. They can explain the charge and where you're at. Yeah, that's the thing. And then they can pay the bondsman then they can pay the bondsman. Yes. >> Can Yeah, cuz the bondsman will come pay take take care of pay the cash if they can get a hold of a bondsman. Otherwise, you Will they do OR maybe? They may release you in the morning. Or they may release you on your own recognizance. Which base >> Well, what happened when I got arrested the first time? I think it was OR. With my parents Yeah, it was OR. >> You weren't 18, were you? No, I was. Okay. It was It was OR. They had to be 18. It was at like 4:00 in the morning. Cuz it's traffic. Could be. I'm sorry. It could I mean, it could be 4:00 or 5:00 in the So, we don't we don't we don't deal with that process. They have their different time slots. They have all that stuff over there. We don't know when they release. We don't know all that stuff. I don't know what the shift shift change That when the when the paperwork goes through, when the payment goes through, when notifications are made. That's That's all court now. >> every morning. 8:00 a.m. is court out west. So, I I can tell you that for a fact. That's about the only thing I know in that business is it's court day at 8:00 a.m. every every morning. Except for Sundays. Okay. They're on call for Sundays. So, Listen, I I know you can very respectful for trying to answer your questions. >> I'm sorry, guys. I just We're we're not Listen, we're not holding this against you. This is just something you and Walgreens are going to have to deal with, you Okay. But for the time being, I need you to take your jewelry off. And give you your stuff. Yeah, you're going to keep your stuff. You just can't wear it. You can't wear it in I have to put it into a separate property bag. Okay. I don't know I don't know if they want that lanyard that you have. So, I'd just leave that. I mean, You want me to just leave it here? The lanyard, yeah, we'll we'll leave it here. It's probably property of Walgreens. Right. Okay. Put that on the desk behind you. Okay. There is no way you could arrest me outside. No. No, we'll Trust me, we'll just walk out the >> don't want people to see me being seen. That's That's the I I understand. I can get up? Yeah, yeah. Get up. Yeah, yeah. You have to empty out all of your pockets. You want me to just put it in Right on that piece of paper. Take your earrings out. I'll take those earrings off. Huh? If you don't take it out, then the jail will have to take it out. >> off? Yes. I know. It's not going to close up in one day. Well, then you're going to have to get it re-pierced. A mirror or no? There's not another mirror in this place. So, I can put it like this. >> It's staying on the floor. I don't know where to put it. We're going to put it in a bag. Okay. Nothing else in your pockets? Oh, no. I'm sorry. I'm sorry. Somebody text you? Yeah. Who is that? Okay. Turn around. Put your hands behind your back. Deputy Delgado, a minus. Miranda was administered verbatim. No promises made. No negotiation offered. The deputy correctly declined to advise Austin on whether waving his rights was wise. Crossing that line would have created reversible error. Minor deduction, tactical use of silence as an interview tool was absent. Austin D plus, a procedural grade only. He had a Miranda warning, full comprehension, and 30 seconds to say four words, "I want a lawyer." He chose not to. He then confirmed every element of two felony counts on a recording. The D plus reflects that he did not resist arrest and did not escalate to use of force. Walgreens asset protection, B plus. The investigation was methodical, video documented, and within statutory authority. Deduction, personal commentary. "He is a liar I would rather prosecute." Introduces animus into what should be a neutral evidentiary record. Three lessons. One, the loss prevention room decides cases before police arrive. A statement signed to a private party cannot be undone by any subsequent Miranda warning. Two, invoking Miranda requires specific unambiguous words. A pause, a question, a look of uncertainty, none of these trigger protection. Three, the instinct to explain or negotiate is the most legally dangerous instinct a suspect has. Every additional sentence narrows the defense's options. Silence is not guilt. Silence is strategy. 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.