We're going to talk to you about something. We know you're uh >> Shopping? >> No, taking sensor off the shirt. No, we we know you >> I have stuff that I'm buying all here. >> All right, don't reach in your bag, all right? >> Miss, can you just turn around? >> We're going to take you to the office. >> buying stuff. I didn't even All right, let me put my jacket. >> No, no, no. >> You can leave this for now. >> I didn't even leave the store. >> On September 21st, 2023, officers in Michigan responded to a suspicious activity call at a Dick's Sporting Goods. A female suspect had spent 30 minutes in a fitting room entering with an empty bag and leaving with a full one. Sensors found in her pockets. Her central defense, she had not yet exited the store. That argument fails under Michigan Compiled Laws Section 750.356c. Retail fraud does not require crossing the store threshold. The statute defines the offense as removing or tampering with a security marking on merchandise inside the store with intent to deprive. Physical departure is not a required element. >> So, she had a bag full of her shopping cart. >> Got you. >> But then they just bought her a pair of cleats and now she's over looking at the >> shorts. Yeah, we got to talk to you about stuff while >> Well, there's no sensors on the shorts, so she wouldn't be popping them over there. >> Yeah. Nobody went into the Nobody in the dressing room. >> Yes. >> You guys went >> Dressing room, yes. >> She left it all in there. >> Well, she left some stuff in there. The other manager that was here was like, "Do you need me to get your other stuff?" And she was like, "Oh, no, here it is." And handed it to >> She got a lot of >> All right, but the other stuff is up there, so then they went back in and got it all out. >> I do that. >> You guys want to sign? Do you have a ballot? >> Not yet. >> No, not we haven't got it yet. >> Can I get you guys going to sign? It was just here. >> We had to send things just now. >> We found him. >> She's going to get you the ballot now. >> Appreciate it. Thank you. Just so you know it's going to be over 200 or not. >> Yeah. >> Okay. >> That was too hard. >> I don't know how she was like two minutes with bags and stuff stuff in there. On the surveillance on the surveillance we would would be able to see uh her putting the stuff in the bag. >> It's in the fitting room. >> Okay. >> And all that's the only thing you can see is coming in with a >> with empty bag. Like magic it came full. white shirt >> Mhm. Yeah, the blonde. >> With the pony tail. >> Yeah, yes. >> And all those shirts had tags attached to them before they go on the floor. >> Most things do. There's some things that don't require those sensors, but a lot most do. >> And everything that was supposed to have a sensor on it that was in there >> Yeah. >> Okay. >> We had a She had a bag. She left it over here with $600. >> And was she popping the tags? >> No, no. She just She just She just got mad. >> Yeah, so >> She brought the lock cutters >> in there. >> Was in there for a prolonged period of time. Exited and had the clothing and associates. >> The sensors >> She had the clothing and the associates. The sensors were removed and they were in the pockets and then they were >> That's not how they went in there. >> Yeah. >> So That's enough for us. >> I just want to buy this. >> Perfect timing. We have papers. >> Here you go. Uh we'll take care of uh We'll come back here with you. We'll take her out. Okay. >> Yes, sir. >> Yes, sir. Sorry. >> All right. >> Thank you so much. I appreciate it. Hi. How are you? >> We got to talk to you about something. All right? You know you're uh >> Shoplifting? >> No, taking the sensors off the shirt. All right? >> I didn't take them >> No, no, which we know. >> I have stuff that I'm buying all here. >> All right, so listen. >> I have stuff that I'm buying all here. >> Miss, if you can just turn around, we're going to >> What? I'm buying stuff. I didn't even uh leave my jacket. >> No, no, no. You can leave this for now. >> I didn't even leave this store. >> leave the tags. >> I'm taking the sensors off the merchandise. >> Any other plans? >> I didn't leave I could understand if I left the store if you charged me, but I didn't leave the store. >> Yeah, so you can't pull sensors off merchandise even if you didn't leave the store. >> It was the the couple of them were in the way, and some of them didn't have it. >> Yeah, you're not allowed to do that. >> Yeah, but I didn't leave, and it's in my bag to check out with. This is crazy. Yeah. Can I go pay? >> I mean Jay, you know what I mean? Right now, we we're not going to let you pay, but uh we're going to take all your personal stuff, and if you they want to hold this on the side. >> Is this theirs or yours? >> I was going to get that for my son. First. >> Okay. So, this is theirs? >> Yeah, I'm See, this is my thing. I got to like this is illegal because >> It's not illegal, right? >> I didn't leave the store. I'm not >> You don't have to leave the store in order for it to be a Let me explain. >> Hold on. But I'm like getting arrested. >> Yeah, yeah, yeah, listen. >> Hold on. >> Listen. >> So, yeah. >> I don't want to go to jail. I mean >> Listen, I'm not even saying anything about >> I'm handcuffed. >> Hold on. Yeah, you're right. If you walk out of the store with merchandise you didn't pay for, you get arrested, right? Also, if you remove sensors without leaving the store, if you literally remove a sensor from a product, that's considered a shoplifting charge. >> But I I shoplift. I was going to go up front >> It's still the same as part of the statute. >> Removing a sensor or any type of security device. >> But the >> I couldn't put them on properly without it. >> You can't >> I mean, look at my butt. Trying to get an extra small No, actually, I'm trying to get an extra small. >> Look at my butt. Try getting in these, all right? So, listen, I get it. All right, seriously. >> Some of them didn't even have them on. >> They're on there. You can get anything off. >> Okay. >> And if you can't get them on, you're supposed to go to the associate. >> You're not allowed to remove them. >> Yeah. >> This is yours. That's good. That's good. This is yours. >> Here. Yes, let me grab that. >> And this is your jacket, too? >> Can I show you something? Grab this. I want to show you something. >> We can see it. >> Or hold on. All right, you know that there's a tag in a shirt. There's always an electronic thing inside of it. >> Okay. >> So, whether a tag is off or not, it's still going to go off from there. >> Well, you're not allowed to remove tags. Do you understand that? That's the That's the end all, be all. >> I thought if I left the stuff I was going to buy there. >> Look, so the tags are not a suggestion, all right? You can't remove them. >> What's uh >> But not all of them >> Do you have anything on you? Concealed anything like that? Anything in your shoes? Where are your socks? >> No, my my phone is >> I got your phone. I put it in here. Do you have anything else that's yours in this? This is your empty tote bag, all right? >> I don't know. Empty it out. I was going to buy that stuff. I don't think I have Did you grab my jacket? It was a Puma one. >> Yeah, Puma one's right inside with your phone. >> This is ridiculous. I don't want to get in trouble for this. But I I understand if I walked out of this store. You know what I mean? >> It's It's >> I didn't walk out. >> Yeah, but that's not why we're That's not why we're in this situation. >> Yeah, it doesn't matter if you walked out or not. That's what we're saying. >> of them didn't have it on it, anyway. >> They all like >> No, I promise you not all of them >> Anything that added was removed and in the pockets of the item that it was removed from. >> Not by me. I didn't remove all wall. I removed two. >> Oh, you removed two. Okay. >> Get off the pants so I can fit them. >> Okay. >> Probable cause was established on three independent grounds. Witness testimony sensors recovered from clothing pockets and the suspect's own partial admissions, any one of which was sufficient under the totality of circumstances standard in Illinois versus Gates 1983. Once handcuffs were applied, the encounter became custo- custodial. Miranda versus Arizona 1966 required advisement before further interrogation. Pre-arrest admissions were voluntary and fall outside Miranda's scope. Post-arrest questioning without advisement creates appellate risk. >> It's mine. >> Well, this is all hasn't been purchased yet. This is all >> Yeah, I was going to >> Yeah, I know. I know. >> I removed the freaking craziest one. I was going to pay for this [ __ ] I didn't leave the store. So, what? I'm getting a Can't charge me for anything. >> It's not Yeah, I I don't I think you're missing like what I'm saying. >> Do I have to get down to the station or like >> Yeah. It's >> And I'm going to get a charge? >> It's not cuz you like physically removed the product out of the store. You didn't do that. >> life. >> It's cuz you removed sensors off a product. You can't >> To buy. What do you want me to buy? >> your That's not for you to determine and for you to do. That's for them to take. >> stuff in the tags. In inside the tag of a shirt. >> So, I was just inside your bag. >> Oh, well, I forgot about that one. >> Oh, you forgot about it? Okay. >> Yes, so there's even in here there's stuff >> Yeah. >> that'll go off. >> I know. You have anything sharp in your bag I can pull Give me your information. >> No, that's not >> You're being arrested. Your history's crystal clear. >> No. Yes. >> Where are you from? >> I'm from natural. Originally. >> What are you doing up here? >> Well, I was taking my CNA classes cuz CNA, phlebotomy, um CMA. >> up here now? >> No. >> Still living >> I was going to take the PSI test. Right over in this building down there, real confusing. >> The search of the suspect's person and bag was constitutionally valid under United States versus Robinson 1973. A search incident to lawful arrest requires no separate warrant. >> I'm not trying to get arrested. I'm trying to keep my job. Yeah, when I was trying to stuff on I put the stuff on top of my bag in that bag. That's No, [laughter] that's that's my daughter's. I'm giving it to the guy at the gas station at the Wawa who helps me out a lot. >> That's your daughter's and you're giving it to the guy at the gas station? >> Yeah, his name's Terrance. He He gives me free gas sometimes. He helps me out. He's a good guy. Look at the brand of them. Where Where are they going to come from? Dick's Sporting Goods? >> I got them at another store. >> No. >> You said so. Good. >> Can you push them in more cuz he really wanted them. >> He wanted them? >> He did. I mean, I can't >> That's our way. >> save my career. Hold on. Like this is >> He's going to walk you out. He >> I swear to God I'm not trying to embarrass him. This is mortifying. >> I mean, you got >> I'm not going anywhere. >> Listen, we didn't put you in this spot, right? >> I didn't put myself in this spot. He did. I didn't leave the store. >> Didn't she just say that? >> You popped off tags. You just said you did. >> Yeah, but I didn't know that was a crime. I didn't leave the store. >> Okay, just cuz you don't know something's a crime doesn't mean it's not a crime. You still can get punished for it. All right? >> Well, is there a rule book? Does it say it on there? >> There is, yes. >> Where Where's the site? Does it say it on here? >> That you can't pop tags? >> Yeah, but I want to see it written on here. >> You can do that as soon as you get released. Oh, just go over here. >> Well, when will I be released? >> Once we get everything situated, we'll talk about it when we get to the station, all right? >> have ID in here? >> Yeah. I've never heard of this [ __ ] in my life. >> You ever been arrested before? >> No. No. That's why I like I don't >> Come right over here. >> I already know I'm in trouble. >> We're not saying you're a bad person. >> Can you help me get off because I still have the pants on? I'm going to go right here. >> Hold on. So, hold on. So, just move here. Move right here. Move over. Open the door. Okay. >> I don't want to open the door. I don't want anybody >> Do you want to Do you want to >> Do you want to >> She's Do you have anything Do you not have anything to steal? >> No. Why would I? >> Cuz people can steal all types of stuff on them on themselves. >> No. I'm not wearing underwear if you want to check. >> No, I don't want to check. No, thank you. All right. Just come back down here to your shoes. >> So, come on. >> Take them off. >> They're not in there. >> All right. You got a car here? >> Yes. >> Yeah. There's no place there's nothing in your car or anything. >> Oh, [ __ ] How am I going to put them back on? >> Geez, why I told you not to take them off. >> Now, we got to put them back on. No, I'll be good. I'll >> We're going to go inside and handle whatever the situation is. >> Can we like talk to him because I was going to pay for it? I even The guy was helping me shop. >> Well, we're not >> They all were helping me shop. >> being charged with whatever was in your bag like over here. That's Whatever you were looking at Whatever is in your cart, we're not we're not concerned about that. You haven't done You didn't do anything for that side. All right. I mean, it's It's all the stuff that has sensors removed and that you physically handed to the associate that had sensors off of it in the pockets. That went in with stuff on. That you actually told them on camera that yeah, at least move two. So, if there's two, there's three, and three and so on. >> pants to move so I can so I can get them off. Where does it say you can't do that? >> I'm not going to argue with >> No, I know, but >> We'll make this quick. Yeah. Yeah, I'll even read you the statute when we get down there. >> Yeah, but like nobody gets a statute sent in the mail. You know what I mean? >> Oh, just take just take a seat. >> You get a statute sent in the >> What's your name? Your name? >> Danielle. >> Please take a seat. All right, just study it. Come on. >> All right, can I get my drink? >> No, you cannot. We'll give you some water when you get inside. >> All right, how does this work? >> Just sit right there. >> Just sit down and buckle up. >> Just back it. Back. >> Explain your leg there. Okay, here you go. >> What are these for? Cuz I'm not >> Yeah, you'll get them off inside. >> Inside. And Inside. >> Inside what? >> Inside the seat. >> Yeah. >> You're not supposed to keep them in my pocket. >> Uh, where's your >> Your wallet should be >> You didn't see No, like narcotics and stuff like that? >> I She had a bunch of prescription pills, but they were all like in her name. >> That's That's good. That's what I want to hear. Where's your license? >> I thought I saw one. >> In my car. >> It's in your car. I thought I saw one in here. >> It might be old. >> That's fine. The old one's better than nothing. Yeah, she was pretty cooperative. >> We're just waiting for people to once we get the uh >> We just want to see her going in with the stuff and then >> She said the bag was empty. Just >> Zero. >> We're finding some more online and here to get the fire alarm, right? >> She's a good She admitted to removing two. Which is I don't care. The admission's good enough for me, but uh She's like, "How are you supposed to know? You're not supposed to know that." >> I'm 36 years old and I've never thought it was okay to remove a security tag at a store to put a product on. >> You have to break it to make the ink go all over. >> Yeah, you actually see the yellow ink on there. Sure. Yeah, like that was forcefully removed. And it's the same This is just the same thing yesterday. It's literally the same thing. >> You can't fix stupid. It's my name. >> What do you got? That's a new? >> Yeah. >> That's the new? >> That's total all together. >> Oh, so it's the eight multiplied. >> Yeah. >> Oh, jeez. >> Yeah. >> All right, so both of them are there. >> Thank you. >> That's a 100. 104. Yeah, 104 14 04 94. Yeah. >> Yeah, and then change of season. Now I need sweats. Can't wear my shorts and t-shirt anymore. >> Yep. >> I was asking him what time. Cuz he was the one that was >> The first alarm? >> Yeah. >> She was in there. She was in the changing room. >> You let her in there. Yeah, she was in there like a good half hour at least. >> It's not easy to pull those tags those sensors off. >> No, we could hear them, too. >> You could hear them popping off. >> All right, let's see. And I don't know. She was here a long time, too. >> There. >> And like she was in the fitting room so long, I was like maybe there was somebody else with her telling her that if we're still standing there waiting. >> Yeah. >> But they didn't they said she didn't buy herself. Cuz we were joking that it was like see there Sean. We were joking that it was like um 10:00 of and he's supposed to leave and the other person was in who dumped the bag. I'm like great, now I got to put in that case. And every time he goes to leave, I >> So that's all you have as her coming in? >> Oh, wait a minute. There's no cameras by the fitting room. >> Mhm. >> That's her, right? >> Yeah, I believe I know she had her jacket with her. >> jacket on, yeah. >> So that's it 4:05. >> So she entered at 4:05. Your associates found more merchandise in that cart that she had that had more than sensors, was that correct? >> That was the That was the That was the second receipt. That was the second receipt. >> There's no cameras by the fitting room. That I know of. >> There was a one yesterday that >> Well, there was one like in the eagle section. >> in the eagle section that That's just That was the best one that he had. >> That's just cuz that's the one he was frequenting. >> Yeah. Yeah, she was on the women's side on the front one. >> Okay. >> So, I don't know if there's a camera >> I guess we can see the guy going in. But, we just saw his car there. >> Yeah. >> camera So, that's it for that information. >> Um And then, I'm going to cash register >> That was a camera that you should have shown us yesterday. >> Yeah, that's the front where I mean, she came over here, but she already >> Was it >> had her stuff in the bag >> stuff in the bag. >> cart by then. >> Yeah, that's the one he used in the sound system. That was pretty good. >> Yeah, she wasn't back there. I don't know if we're going to see anything there cuz she >> That one must not work anymore. >> Yeah, she wasn't over there. >> Cash off his entrance. >> There's nothing by that fitting room. >> All right. Well, I don't think it's good. >> Uh evidence >> Yeah. >> 130 from 400 and he filled it out and he checked for lighting for a 10-52 sign holder. >> Total recovered merchandise exceeded $1,400. Under MCL 750.356C, that threshold triggers retail fraud in the first degree, a felony. Below $1,000, it remains a misdemeanor. The value here crossed a critical statutory line. The claim that she intended to pay is legally irrelevant. Once sensor removal and concealment are established, intent to subsequently purchase does not negate the completed statutory elements. Officers, B+. Statutory communication was clear and measured. The arrest was procedurally sound. Sole deduction, no on-camera Miranda advisement at the point of custody. Suspect D, physical non-resistance at arrest is the only mitigating factor. Sensor removal, concealment, escalating contradictions, and partial admissions all demonstrated clear and provable criminal intent. Loss prevention a minus. Evidence preservation and officer coordination were effective. The absence of fitting room cameras is a facility limitation, not a personnel failure. Key takeaway. Removing a security sensor inside a retail store is a criminal act under Michigan law, regardless of where you are in the store, or what you planned to do next. Ignorance of the law has never been a recognized defense. For officers, administer Miranda on camera at the point of custody. A felony retail fraud conviction carries consequences well beyond the merchandise value, licensing and barriers, employment screening, and permanent criminal record. 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.