black jacket. >> He does get a >> car. >> Okay, we'll send you guys a link in reference to it. Um, >> on February 15th, 2025 in Los Cusus, New Mexico, a criminal trespass call escalated into a custodial arrest with a documentation gap that follows the case into court. The subject was arrested and booked for criminal trespass. The same encounter raised a window breaking report and a Miranda advisement that never appears on camera. This is that stop. What makes this stop analytically significant is that the constitutional exposure does not come from the initial detention. It comes from the decisions made after the arrest was complete. >> I confate him from the side. I recognize him from previous. >> So we're already going to 15 him for the criminal trespass. He's just detained. >> Is he 15 now or detained >> now? He's officially. >> Do you have a trespasser? >> Yes. >> He's still in the store. >> Um he wasn't in parking lot, >> but let's see. >> So, he's gone already. >> Yeah, he was in the parking lot. I don't know where he [clears throat] went. We kind of parked way up to that. have your 21 on you. >> Isn't that you? >> Okay. >> So, what are we going to do? >> I just want to try to see if he stole the property and they contacted. >> They said he's gone. >> I don't know where his pass is. Whoever uploaded it, I don't think they uploaded it. >> Do you have all of his information by chance? >> So, get his information and then write a criminal sentence or >> Oh, what else can we do? We can do a summon or we can also >> do the crimite, but we can't do that if we can't >> not crimite. What else can we do? What other options do we have? >> Rescite curb signs. >> Oh, you're in seen one. >> There you go. >> But we have to find out if they want to. >> Yeah. Do you guys want to press charges for him being on property? >> Yes. >> And what else do we need to confirm that he was here? >> Here. He's on the thing. I had approached him, told me he couldn't be in here. He pretended to ignore me. >> Parts. So, this is him right here. He's on the thing. I had approached him couldn't be in here. He proceeded to ignore me >> parked and started hanging out outside on our >> Okay. >> Do you have any other cameras of him like walking or >> um Let me see. >> His motion outside. >> The outside gym. >> Oh, wait. >> Do you know about what time he walked out? Had >> to be around 12:05 cuz he parks right here. Okay. You guys called us right after. >> Yeah, I was I was cuz he wasn't listening to her. So, I approached him. He went [music] towards her, threatened her, and I was like, "You need to get out, man. You need to get off." That's when he started being more hostile and went down. >> Okay. >> What do we need? >> All the 49. I need to grab my phone for the link. >> Okay. >> So, we can write down the number and submit the link, but what else can we do? get his information from what they have. >> Is there anywhere that you can pull that trespass again? >> What else do you need to write the report else? >> You don't happen to have like his date of birth or anything like that, do you? >> Yeah. >> Yeah. >> And then your name, ma'am. >> Can you spell that for me? >> It's going to be N A E H. And then last name, >> it's going to be E N R I Q U EZ. >> Okay. >> And then for the address, just put the 1550 South Valley. >> Sure. And then uh the job AP or AP supervisor. >> It's no just the ask. >> Okay. >> Okay. Um well, we can go in the parking lot. We can try to see if he's still kind of hanging around here. Um if not, then we can end up um putting a warrant out. And you said that you do want to persistent charges. >> Yes. Okay. >> And then uh we'll come back here in a moment and then um I'll send you the Axon link so that way you can submit that video to us that easier and everything like that. >> Okay. >> Do you send it through the phone or do you want it through? >> You can send it through the phone. Yeah. >> Okay. >> Can I see the other? >> A lot of people [clears throat] just want to see when it was issued as well. >> The dress who was with Officer Rogers. >> Rogers. He was in here like two days ago. >> Yeah, we kicked her out. >> Simply he ignored me, but he didn't say nothing that time. >> Oh, he's in a car. >> Yeah, he's >> he wears like that tan jacket. He has like a white blanket with him. >> Is there any way you can have I know there's one that's is back. Is there anyone where he was coming into the store they can get you can just confirm it's him >> before you touched him? I don't I just saw him when he was heading my way. He came in. >> He came in. >> He know where you saw him >> from two days ago or >> No, from today. >> I just saw him when he was heading this way and he was right. >> I don't know. >> He was just literally like driving past the vision center and that's when I >> So, I don't know what time he came in. I mean, I can check cuz I know he didn't come in my side of the brown jacket currently in the parking lot. >> He does get a >> car. >> Okay, we'll send you guys the link in reference to it. Um, just make sure that you have video footage of him walking in so we can build up our our support. Thank you. >> You put the blanket down. What's going on today? >> Nothing. >> Nothing. >> I'm getting calls that you're throwing rocks. >> Okay, man. >> What's up? You doing okay? You've been chill, man. I haven't had any calls for you in a while. Anything? No rocks on you? >> No. >> No. >> So, you throwing rocks at cars? Yo, >> that wasn't you? >> No. >> You see anybody throwing rocks of cars? >> No. >> No. I'm kidding. Just go walk over here to my car. Okay. >> Can you tell me what city you're in? >> Cool. What's your name? >> What's your last name? >> Thomas. >> Let's have a seat for Mr. Thomas. 97 128. >> What's your date of birth? Jonathan >> 88. >> Where's your license from, man? For your ID. >> I don't have a license. >> You don't have a license? Did you ever get an ID? >> Um, I had IDs all over. >> Okay. Where's the the most recent one that you could remember? >> All right. Las Vegas. >> Las Vegas. >> All right. Just hang tight for me real quick. All right. Any medical attention or anything? >> Yeah. Jonathan Thomas. >> So, what do we do? What can we do? >> Absolutely. >> Who knows what's going on here? >> Well, they just got to call that he was throwing rocks at car window. Call RP right now just to see if there's any damage if he was the one that was the victim for it. When I came up, he was just walking right here. I just >> under Terry versus Ohio 392 US1 1968. An investigative stop requires specific articulable facts suggesting criminal activity is occurring or has recently occurred. Officer recognition alone is a starting point, not a legal justification. What converts recognition into reasonable suspicion here is a combination of three independent factors. an active trespass card on file, a same day complaint from identified store staff, and a prior documented removal from the same location 2 days earlier. Courts evaluate those factors under a totality of circumstances standard. No single factor is sufficient alone. Where this stop holds is that all three factors are corroborated by separate sources, not just officer recognition. Under New Mexico statute 30-14-1, criminal trespass requires two elements. Prior notice of denial of access and a knowing return after that notice. Both elements appear to exist here, but only one of them is independently verifiable at trial. The trespass card was never uploaded to the department database. Store staff confirmed it exists. Officer Rogers issued it two days prior, but at the moment of arrest, no officer at the scene can pull that card from a shared system. Defense Council does not need to prove the notice never happened, only that it cannot be confirmed. Under New Mexico statute 31-1-6, officers have discretion to issue a criminal summon for a misdemeanor rather than taking a subject into custody. Choosing full arrest is lawful, but for a cooperative subject with no escalation, the record does not document what made a summon insufficient. And that gap is one prosecutors may have to explain. Under Chiml versus California 395US752,1969, a search incident to lawful arrest authorizes a full search of the arrestee without a warrant. The search here was conducted properly. But if the underlying arrest is later found unlawful, every item recovered becomes suppressible as fruit of that unlawful seizure. The search is only as solid as the arrest beneath it. Under Miranda versus Arizona 384US 436 1966, custodial interrogation requires advisements before questioning on the charged offense. Pre-arrest identity questions fall within the Burkimer versus McCarti exception 468US420 1984, but that exception closes the moment formal custody begins. No documented Miranda advisement appears on camera after the arrest. Any post arrest statement the subject made is potentially suppressible. >> I recognize him from previous. So, we're already gonna 15 them for the criminal trespass, but then we can go and see if they have a hood. >> Okay. What else can we do? What did you just learn in the car that he possibly >> Okay. So, let's run them as well. >> So, go back to the car. That way, >> you have your you have your handheld. You can run them with name and as well. >> Did he give you issues? >> No. He was kind of tense up his hand. It's just >> chill. Yeah. >> So, we already know they're from unis. We They also wanted to press charges over there, right? So, what can we do? We can put them on the >> what paperwork you said we needed. >> Perfect. For trespassing. Uh-huh. >> Yes, sir. >> Somebody told me that that's illegal. >> I don't think that they're illegal because now they're putting them on all the all the new cars all the way across. So, I don't know. At that point, I thought I would actually graduate. >> Well, I would have to go and read my statue book cuz I've never stopped anybody for having license. >> Oh, really? >> But I would have to go back and do some research, sir. So, I wouldn't be able to answer that directly right now. >> Okay. But >> but cuz I heard that they're supposed to be gold. Gold is like, >> and I think the only thing that there is a misconception is if you're trying to put red and blue trying to see like you're an officer, that's different. But I've never had any issues and I've never heard anything like that. But >> I would have to do my research, sir. >> No problem. >> Thank you very much. Appreciate it. >> Have a good one. >> Have a good one. >> So, what else do we need to do? So, he's >> detained all the time, right? >> So, what can we do now? >> Uh, go back to Well, you already detained him already, sir. >> He's just detained. Is he 15 now or detained? >> Now he's officially 15. >> Okay. So, what do we need to tell Central? Go back to one live fix. Transfer them over to our car, but pull them out. Search them again. >> This may be your call cuz it's >> Hey man, I'm going to have you go ahead and step out. Okay. >> Go ahead. So, you do have You can go ahead and merge them. >> Affirmative. It's a lot of candy canes. Do you have a bag? We can borrow these. That's dirty stuff. >> What's wrong, sir? Do they hurt you? Are they bugging you a little? >> I'm itchy. >> You're itchy? Okay. >> I'm pulling pants up. >> Is that better? >> Is that better, sir? >> If they fall down again, just let us know. Okay. >> You don't have anything in your socks? No. The vade and enter it into evidence into for safekeeping. >> Okay. I was just going to ask, can we throw it? >> Do what you got to do. >> Okay. >> All right, sir. Check this door. All right. Are we done here? >> Take it off. >> Sure. You don't have anything else? No necklaces, sir. >> There is a necklace. >> There is a necklace. Okay. I'm going to this. We can enter that with you. Okay. Does it just come right off or is it a clip off or is it a clip on one? Can we lose >> this way? Where my eyes are at? >> Where your eyes are at? Just go ahead and pull it from where my eyes are at. >> Is that better? >> A little bit. >> You can take that. >> Put a separate cuz he said the rest is trash. >> Okay. Take that one. >> Take it. >> Take your pants still pulled, man. Or just need me to good. >> All right. back in. >> This is where these come in handy. >> The That's why the gloves come in handy. That's what you're saying. >> You can take off your gloves, though. So, we researched some. This is his property. We're going to take this with him. You already mentioned what people need. So, let's get started. >> Yeah. Perfect. So now that we have a 15, right? Mhm. >> Officer C253's detention meets the Terry threshold. The trespass card, same day staff complaint, and prior documented removal together provide the articulable facts the stop requires. The constitutional exposure does not begin here. The exposure begins after the arrest. No Miranda advisement documented on camera creates suppression risk for any post-arrest statements. The documentation gap on the trespass card creates an evidentiary problem for the prosecution's first element. Both gaps were avoidable. At the time of this analysis, the case outcome is not publicly available. Based on footage, the following were initiated criminal trespass under New Mexico statute 30-14-1 and a potential criminal damage to property charge pending surveillance confirmation of the subject's identity at the vehicle. Officer C253B plus a procedurally competent contact lawful stop. Respectful search, proper inventory. One missing Miranda adisement after formal custody created unnecessary suppression risk. The stop held the post arrest record did not need to carry that liability. The supervising FTOB strong mentorship throughout correctly guided the trainee through articulable facts. documentation needs and prosecution options. The Miranda gap and the unrecorded summons rationale were the two corrections that did not happen on camera. Jonathan Thomas A minus on tactical compliance. He denied all conduct, complied with every command, and never escalated. By doing so, he preserved full suppression standing. Every available legal remedy remains open to him without a single new charge added at the scene. Store AP staff B minus, a willing complainant who confirmed prosecution intent, provided contact information, and gave a coherent account. The failure to ensure the trespass card was uploaded to the shared system is the single largest evidentiary gap in this case, and it originated here. Lesson one. Under New Mexico statute 30-14-1, a trespass notice that cannot be independently verified in a department database is legally fragile from the moment it is issued. Defense council does not need to disprove the notice occurred, only that it cannot be confirmed. Documentation is not paperwork. It is the element itself. Lesson two, the constitutional challenge to a stop belongs in court, not at the scene. A subject who complies and disputes the legal basis afterward retains full standing to file a suppression motion. Resistance at the scene trades that standing for new charges. Jonathan Thomas chose correctly tactically and legally. Lesson three under New Mexico Statute 31-1-6. Custodial arrest and criminal summons are not equivalent tools. Arrest triggers search authority and detention. A summon achieves prosecution without those consequences. Defaulting to arrest for every misdemeanor is a discretionary decision with legal consequences the record must be able to justify. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. We read all of them. If there is a body cam interaction or legal question you want covered, let us know. It's because it's me I have