On July 26th, 2023 police responded to a credit card fraud report at a Texas Roadhouse in the Orlando, Florida area. A California-based victim discovered an unauthorized charge on his account. Officers identified a suspect waiting in the parking lot to collect that order. The central legal question, did law enforcement have sufficient probable cause for a warrantless public arrest? And was the investigation conducted in accordance with constitutional requirements? All right, what are you doing here? I'm I'm people just ordered me some food online. Is this your title for me to see your car? Yes, this is mine. >> your Can I see your registration? Well, it's my guy's car. Okay, let me see your registration, please. All right, I got a one stop. Got any weapons? No, no. Back of the road now. Yeah, I'll call my supervisor. All right, I got Give me 10 seconds. Step out. No, sir. You got any weapons on you? No, I don't have no weapons on me. What the [ __ ] did I do? What the [ __ ] did I do, man? All right, just put your hands on the car for me right now. I didn't do nothing, sir. We'll figure everything out. Do me a favor, let's go over here on the uh on the overhang, whatever. Let's go inside. I told you I got my car. Hey, man, come on. I'm on my way. No, no, no. All right, let's go. 410, 12, I'm going to go ahead and cancel the channel. Open up the door. 301, 301, >> [music] >> How you doing, man? Yeah. Okay. Do you know if I can get somebody to call me today or something? Yeah, I've got I've got that person's phone number right here. You do? Okay. Yeah. And is that the receipt? No, that's just the phone. Well, I've got the receipt in the office. Yeah, it was it was under 50 bucks. I don't know if that matters. The amount that was charged Well, I guess with the temperature of 50 bucks, I don't know if that makes a difference. I understand. How did you guys get this caller tracker? Um guy called the store. He said, "Hey, somebody just used my credit card at your location. Um this is the total that was used." So, I was able to look at what we what we like the orders that we had come in and just like put two and two together. Okay. Did he give you his name or anything like that? No, I didn't get any information from him other than just, "Okay, I'm going to call the police department and deal Okay. Um and then when I went out So, like guess whenever they use like online ordering system, they get like a printout like with their name on it. So, he's got on his phone right now a receipt from us with the name of Quing Chu, which I'm assuming is the actual person who I talked to. He He said he was Asian. Um so, I'm assuming that that's who it actually is. But when I went to the car, I was like, "Oh, hey, what's the name for your order?" He couldn't tell me the name right away. He had to like look it up on the thing and be like, "Oh, my name is Frank." And then showed me that that was what the name was that was on the order. Okay. So, I'm assuming that Do you think that you're actually Yeah. And you can tell the difference between it being like a mobile order, a DoorDash order, and like >> don't even do DoorDash or anything. We We only go through like our our app or like phone call orders. Gotcha. Okay. So, there's no chance of him being like a third-party delivery guy. No, absolutely. Okay. Yeah, the only thing I was like holding out for was that like maybe the person that showed up was like a family member and they didn't know that they were like using his credit card or something like that. But I wasn't able to leave until like 8:00 here to call you guys. Yeah. Uh are you going to be here while I ask you any other questions or >> I'll be here all night. You're all alone? Yeah. Um my only request is that I've got guests currently I think in my other two spots out there. Is there any way and one of them just got their food. Is there any way we can just let them know? Yeah, I know they they still have their park in. Yeah. Okay. Well, we'll take care of that. Okay. Thanks, man. I appreciate it. Yeah. Yeah, I'll be here if you guys need anything from me. All right. He said his name was Dwayne Booth? Is that what he said it He He told me the guy outside told me his name was Dwayne Booth. Which I I'm pretty sure what's going on is like our online ordering system is it's tracking back to that card being used previously in our system somehow. Because Because like I said, the guy that called me his name sounded He sounded like He didn't give you his name, though. No, he didn't give me his name. No. But I mean I can call Well, I guess you guys have Yeah, I know I will. I'm just wondering if he didn't give you his name. >> Yeah, I know. But But I'm assuming that the the the card is tracked back to this guy who like originally ordered with us before and somehow this guy got the same card number and that's why it's showing this other guy's name. Does it show you the last four of the card number? Um I don't believe on the online system it does. Are you able to see I I can go look in the Let me go look in the back and see if I can pull that back there. Ah, he was getting the thing so that's why I was All right. I think it's still all the misunderstanding. Yeah. All right. Before I actually do anything, sir, I'm going to just read you your rights, okay? My rights? Yeah. All right, sir. Listen to me. I'm going to read you your rights, okay? You're You have the right to remain silent. Do you understand? Yes or no? Yes. Okay. Anything you say may be used against you in court. Do you understand? Yes, sir. You have the right to speak to a lawyer before and during questioning. Do you do you Yes, sir. If you cannot afford a lawyer and want one, one will be provided for you before questioning, do you understand? Yes, sir. All right. Has anyone threatened you or promised you anything to get you to talk to me? I don't even know why you're here, sir. So, I don't I'm I'm just asking you this last thing. Has anyone threatened you or promised you anything to get you to talk to me? Has anyone promised me no? >> Has anyone threatened you No, sir. or promised you anything to get you to talk to No, sir. Okay, sir. Under the Fourth Amendment, a warrantless arrest in a public place is valid when probable cause exists. United States versus Watson, 1976, confirmed officers may arrest without a warrant for a felony where probable cause is established. Probable cause was built on converging evidence, the manager's first-hand identification, a name mismatch on the order, the subject's hesitation identifying that name, and the victim's phone statement denying authorization. Illinois versus Gates, 1983, established the totality of circumstances test. No single factor is decisive. The cumulative weight of all available evidence determines whether a reasonable officer would conclude a crime occurred. Before any substantive questioning, the officer administered Miranda rights, the requirement established in Miranda versus Arizona, 1966, that custodial suspects be informed of the right to silence and counsel prior to interrogation. Miranda was read before arrest, not after. All statements made following the subject's acknowledgement are admissible. His voluntary account of James Jones from Ohio is now part of the evidentiary record. Do you have a reason why I'm here? No, sir. Okay. What are you doing at the row house right now? My friend ordered me some food and I came Your friend ordered you some food? Yes, sir. And how did he order you this food? He ordered it online. From what part? I don't know. He I just I was hungry. I don't know, sir. Okay. I don't know. So, who's this friend? A friend named James. Okay. So, if I call James, is he going to tell me the same story? Yeah, if you call James, yeah. I mean, [ __ ] Sir, I don't know what's going on. All right. Y'all I don't know what's going on. I just came here to pick my food. >> is James' last name? Jones. And he's going to tell me that he ordered it for what? For you to pick it up? Yeah, I just picked the food up. >> And what what did he order? [ __ ] I just came here to pick the food up. I know I got me a I got me a uh uh Shrimp meal. You got a what? I got a shrimp meal. Shrimp meal? Yes. Okay. All right, man. So, I'm going to ask you again. The The card that he used to order this food, where did you get this card from? >> Sir, I don't I didn't have any card, sir. I just I just came here to pick the food up. That's all I came for. Where does this James live? He in I'm I'm not even from here. I'm from I'm over here from Ohio. So, James From where? I'm from Ohio. Okay. >> moved here like about 2 years ago. So, you you two You've been here for 2 years you don't know where you at? No, you ain't You said where he live. Yeah, where he's at. >> He's up north. James up north. How far up north? Ohio-ish. So, you listen You see this story you're giving me, man? How it's not making no sense? Your friend ordered you some food for you from Ohio? I'm I'm I'm sober right now, man. I'm I ain't I'm I mean, you got a blue Tesla. I mean, what do you mean you I I'm I'm I'm going through a harder time right now, sir. You know what I'm saying? So, I need your hand. I mean, I'm going through a hard time, sir. Have you ever been arrested, sir? A long time What? I used to say it was a long time ago. A long time ago? 10 years? 20 years? 5 years? 1,000? 2,000? >> I got a call out for 10-80 3070. Before I went to prison. Okay. And um You've been out of trouble since you got out? No, been in no trouble. >> 2015. Okay. Been out since 2015, no trouble since? Okay, so that puts you at 8 years. 8 years everything been going good, I'm assuming, right? Yeah, I mean I've been all right. I mean everything been going all right. Got your car, but recently you're going through some >> Yeah, it's all the time. Okay. Your buddy James, is that what his name was? Yes. Okay. And what's his last name again? Jones. Okay, your buddy James Jones lives in North North Lives up North in Ohio. In Ohio. Yeah. You had a conversation with him earlier. >> worry about it, dog. I got you. Don't worry bro, I'm really He's like just go to the I need prescriptions just so you know. My other glasses are You got I got no issue with you getting >> just so that way you know, like you know what I'm saying? So your buddy was like don't worry bro, I got you basically. I'll order you a little something something real quick at the at the Texas Roadhouse. You come through and pick it up. >> That was That's it. Now I'm here. Now you're confused cuz I was lights on, you got a bunch of guys I don't know what's going on. The way y'all pulled me out and I don't even know what to You just read me my rights so I know I'm under arrest. So I don't even know what the hell is That doesn't make you under arrest. You are detained though, right? Obviously we told you to come over here, right? You're not free to go, but you're not under arrest. >> I'm confused, really. I don't I'm confused about this whole thing. You know what I'm saying? I I really don't know what's going on. Like when you I came to pick some food Exactly. Me come to pick the food up and there's four police officers here. I mean that's kind of That's kind of like tough for me, you know what I'm saying? Lock on my girl. Just give us a sec, man. All right. Let us figure everything out. Figure out exactly what's going on and then we'll let you know. Obviously you have an idea of what's going on, right? We're trying to figure out Yeah, I like you know, somebody said a credit card. So now I'm like what the Tonight you but you have an idea now why we're here, right? I definitely trying to figure it out. Yeah. trying to like how that even like That's what we're here to figure out. All right. Here is the card that was used. Because of somebody used my card. There's something illegal in the car. Okay. I I have online order. I'm just going to get all wet. Let me try to Hi sir, uh hold on just a moment for you for me, okay? We're going to have to confirm his identity. So, it's just illegal in the car. Okay. So, you said you got a uh email that someone had used your card? Yes. Was it like an email just letting you know or was it like possible fraud type email? Uh just a transaction. If there's a transaction, I'm going to get to because I set up like this. Okay. Did you give anyone permission to use your card? No. No? Did you perchance You did You didn't place any orders for another person or anything like that? No. Okay, bear with me just a second here. Do you know anyone in the Orlando, Florida area? No. No, you don't. Okay. Um have you already made sure your card got canceled and everything like that or disconnected all that? Uh I deleted my credit card information from my texasroadhouse.com after I I found this transaction. Okay, so you already took care of that part like securing your account and everything. Yes. Okay. Um if we were to I know I can't obviously have you write a statement when you're in California, but since I have you you're on the phone here and I'm recording and everything, would you want to press charges if we were to locate the person who potentially used your card? I'm sorry. What's the whole question, sir? Um, if we were to locate the person that used your card for this purchase, would you want to press charges for on them? Oh, yes. Yes, okay. And is this a good callback number for you? Yes. Yes, okay. All right, sir. I may have more questions for you, but for the moment I'm going to disconnect just in case I may have to call you back in the near future. It should not be too much later. I already spoke to all these other officers. Can you tell me what was was going on with you coming here today for the I'm just going to pick up the food. You're just going to pick up the food? Did Did you make the order or did somebody else? >> No, I didn't make it. You didn't make the order? Who made Who Who made the order? A friend of mine made the order from Okay. Can you tell me what your friend's name was or Yeah, I told him I told him his name is Okay. I'm sorry, but I just have to I'm taking over the report, so James. The person who made the report is James? The person who made the order was James. The person who made the order was James? Okay. And then where is James at? He No, he live in Ohio. >> He lives in Ohio? Okay. How come he had to make the order from Ohio for you? Was there I'm broke. Okay. It's just as simple as that, man. I got you. That's That's the best That's all I'm not saying that. I got you. So, I'm good. Okay. So, I just came to pick up some food. I'm I mean, I'm starving. Mhm. You're starving. I got you. That's That's it. He He pulled up He told me to get out of the car and all and took my ID and This where we at. Okay. I'm I'm just really a little confused, all right, man. I just came over here to pick up the food. That's all I came over here for. I got you. Is that your car or somebody else's? >> Uh-uh, my homeboy's car. I'm sorry? That's my friend's car. Your friend's car? Which uh which friend's car? Like what's their name? The owner of the car? I'm sorry? Barrelle? Okay. All right. And what was your first name? I never got it. The Kilo? That's how you say it? Kilo? Okay. All right. Could you stand up for me, Kilo? All right. Can you just put your hands behind your back? You got the car keys on you? You got the car keys with you? What's your name in the car? Tesla uses a phone, I think. Oh, uses a phone? How's this one? This one all right? All right. Hey, man. Pick my car up, please. It's going to be towed. Towed? It'll be explained to you. We'll explain everything in a minute. Spread your feet for me. You got anything in your front of your pockets? Anything I need to worry about? You got my phone, driver? I'm going to go to Right. Oh, boy. Who's uh Who's Jennifer? That's my girl. I've been trying to call her for the longest, man. Can I at least call her? Can I call my girl at least to tell her what's happening, bro? Can I at least do that, bro? Can I at least call my girl? Is she Uh he's shooting in the back. I don't know what he's >> at least That's my baby, man. How do you How do you like unlock it cuz it's locked? So, I got to like go into it and like I need I need my phone. I mean, your phone's on with you. I just want to make sure that you close the window. I need phone, man. All right. Just have a seat. Okay. Take your hat off so I can search it now. I already searched the hat, but I'll keep it off. Just have a seat. Do you need them glasses to see or are they just sunglasses? Uh these sun- these reading glasses and I got my other glasses on the seat. Can you grab my glasses? >> I'll grab them. If I take them off, are you like still able to see? >> No, I'm [ __ ] up without these. I can't see. These are prescription glasses. All right. Just go ahead and put your feet in there for me. They're prescription, but my other glasses, man, they're $3,000. I got you. Where are the other ones? Watch out. I got to put a seatbelt on you. Can I use my phone to call my girl at least, bro? Well, uh we'll get to that in a few minutes, okay? Can I at least call her, bro? That's her credit card. She could pay That's her That's Jennifer. That's my girl. >> Just sit tight for me for a minute, okay? I understand. Give me a Give me a couple minutes. All right. Feel up. Cool. Can you tell me anything Yeah, I'm on. Can I Can you tell me anything about the card that made the order? Was that your card or somebody else's or All I did, man, is tell my my homey I'm hungry. He ordered me some food. I can't think, bro. That's That's That's it. That's all. Okay. So, you don't know anything about the credit card? >> I don't know what's going I'm I'm confused, man. I'm really confused. Well, here. I'll explain to you now. So, somebody called here to the Texas Roadhouse saying that somebody that they did not give permission to, they don't know who it was, used their card to make an order. You then came here and picked up that order. >> food. I didn't pick nothing up. I got you. I know you were here to get the order. That's what I'm saying. >> I came to get my food. >> So, I called that person. They said they didn't give anyone permission to use their card. They're not even from the state that you mentioned that your friend is from. And that's why we're here where we're at. So, the person said, "I didn't give anyone permission to use my card. This is a fraudulent thing and I want to press charges cuz this is not me." So, that's why we're at where we're at right now. >> discharged, being arrested for all of this and I didn't pick no food up. I didn't even grab the food. Oh, you're saying your friend is the one that paid for it, but when we called that number they they don't know what we're The person who called, you're saying it's their card, they don't know what we're talking about. They said, "I didn't do that. That's not my card purchase." >> I definitely didn't purchase it. I didn't bought it. All I did was go pick it up. That's all I came to do. I got you. That's why we're at where we're at. All right? The subject claims a friend placed the order remotely from Ohio. Under Florida statute section 777.011, this defense faces a direct challenge. Any person who knowingly benefits from a criminal act is a principal in the first degree. Florida statute section 817.61 defines fraudulent use of a credit card as a third-degree felony if the value exceeds $100 within 6 months and a first-degree misdemeanor below that threshold. The manager reported the order was under $50 but over 50 with the tip. The charge classification hinges on the confirmed transaction amount, a distinction that carries significant consequences at sentencing. A second charge emerged. The state database showed the subject's license as expired more than 6 months. A criminal traffic offense under Florida statute section 322.03 independent of the fraud allegation. The officer correctly noted that the state database controls over the physical card. Any discrepancy between the system record and the card's printed date must be resolved through the relevant court, not at the scene. The lead officer receives a B+. Probable cause was methodically established, Miranda was administered at the correct moment, and physical arrest used only soft empty hand control. Minor communication lapses did not constitute legal violations. The subject receives a C+. Physical compliance was exemplary, but continuing to speak voluntarily after Miranda warnings without invoking counsel created an admissible record that weakens any innocent pickup defense. The restaurant manager receives an A-. Proactive evidence preservation, retaining records identifying the suspect vehicle, and eliciting a behavioral response at the car was the evidentiary foundation of this entire case. Key lesson, Miranda warnings are not a formality. Once read and acknowledged, silence is the most legally protective choice available. Voluntary statements made to reduce suspicion frequently produce the opposite result. Second lesson, accessory liability does not require personally executing the fraud. Knowingly collecting goods obtained through another person's fraudulent act can support a felony charge under Florida's principal statute. You can't tell me anything else about your friend other than I mean, bro, you're about to take me to jail, bro. You're about to tow my car, man. I I'm getting charged for this. So, it it whatever going on, I'm I'm the one being charged, so it don't even really matter, bro. I'm being charged for this, bro. It's I'm being charged right now. I'm about to go to jail for some [ __ ] I don't even know nothing about, man. How you doing, bro? I just It's I'm tight. I don't even got nothing to say, man. It's cool, bro. Man, it's cool, bro. >> Another thing, you know your license is suspended. No, it can't be. No, I can't No, it can't be, cuz I paid them Never suspended. Well, it shows it's expired. >> Never. And it was suspended back in January. But they never suspended suspended right now. They only expire till 2029. It shows expired. It Look at my license. When we when we check it, it comes up that way. There's going to be a traffic offense. Expired? Yeah, so you got two charges. How is my license expired when you're looking at the ID and it says It doesn't matter what what the number on the ID says. When it look when we look on the system it shows expired more than six months which is criminal. What you mean? There's no further discussion. Hold on, I'm trying to hear what you're trying to say about my life. What you mean there ain't no further discussion? When we when we run the license in the computer from the state it says What makes it expired? The state says it's expired. What makes it expired? The state says it's expired. So whatever they have on record shows that it is expired. >> So a license expired that mean the date on it ain't right, right? That's what that's cuz that's what expiration is. >> It means it's not good. Yeah, it just means the license is not good. So how how is that not good? How Hold on, how was it not good when I just went to court over here in about January. I just paid my fine in March. I just paid them $323. a suspension. There's nothing else And I paid the fine in in in in in Maitland on $323. You're going to have to talk to the courts but it shows that it's not good. Damn, this seem like you only like Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching.