Yes, I am. Let go of my stuff. Because I didn't do Let go. Let go. I'm not Listen, I'm cold. I'm not >> Let go of the Let go of the jacket. Let go of the jacket. >> Let go of the jacket. There's nothing in it. >> You have no right to leave right now and you're not leaving. So, you're being detained until we figure out what's going on. >> Oh my god, I know my [ __ ] rights. You guys are going to be in so much trouble. >> Okay. Well, you're being detained until such >> How far am I going to get with [ __ ] cuffs on? >> Viewer advisory. This video contains footage depicting physical restraint and handcuffing. March 4th, 2025. Charlotte County, Florida. A retail theft case with significant legal complexity. >> Hello, ma'am. Hi. >> He was following me, chasing me across traffic. >> Okay. Probably cuz maybe you had stuff that didn't belong to you. >> He's accusing me of that. No, I didn't do anything wrong. >> Okay. >> He said he was going to trespass you and I said that's fine, you can trespass me. >> Okay. >> I said I've been walking today. >> Did you want to talk with me outside? Just so we're not in the middle of a doctor's office. >> I called him because he would not stop following me. Like he he like chased me all the way across the street. I had to like run through oncoming traffic to try to get away from him. >> Understood. Yeah, so we're We'll make it right, whatever's going on. Um first and foremost, so I like to uh stay safe and so he the guy who was following you, he called us um and then I guess did you also call us as well? At one point. >> if I didn't get routed to the right place or what. >> It it did come through, but >> I hung up when I got in here. The lady let me in here and she said she would call the police and I said okay and they said I could sit down. >> Yeah, so it did come through. >> Hello. Hey, are you here? >> Negative, I'm out with a female. Uh loss prevention is going to be at Firestone. Um going to try to recover some property from over there. So, we'll need someone to meet the LP guy at Firestone and then go to Kohl's as well. >> Hello. Can Can you please come pick me up? Okay, then don't >> Car four, start by going to Firestone. >> Oh, wow. >> And if there's property discarded in the bathroom, just take pictures of it. >> Viewer advisory, this video contains body camera footage depicting physical restraint and handcuffing. March 4th, 2025, Charlotte County, Florida. A Kohl's loss prevention supervisor documented a woman concealing Sephora merchandise on closed-circuit television before she exited without paying. The detention that followed tested merchant privilege Terry stop authority and the legal permanence of a statement made during flight. >> All right. Um So, first and foremost, uh I just want to make sure everyone's safe. Um >> Yes, so he assaulted me. Can you Can you escort me away from here so that he can't follow me anymore? >> So, he's not here. So, he was here and he's over at Firestone now. Um because I guess that's where you were and um it was believed that maybe some property that was in your bag might be in there. >> I have no idea what you're talking about. >> Um so, that um so, there was mention that you mentioned to him that you're armed and maybe that's just because you were scared. Um so, >> It wasn't because I'm scared. I do I can I I do I don't want to go reaching in my bag today. >> I can take it off. I can hand it to you if that makes you more comfortable. I can take my jacket off and hand it to you. >> Okay. Now, do you have any weapons currently? >> Okay. >> I said that because I was terrified and obviously he didn't care cuz he kept following me. >> Yeah, understood. Um would I be able to search your bag and make sure? >> Yeah. >> Check for any stolen items or >> and I can pull this out so you can see my concealed permit? >> Well, um, do you have the weapon on you? >> No. >> Then I'm not too concerned. Here, um, here we'll wait by my car. It's a nice, safe area here. Um So he is nowhere near here. So I He's right across the street. >> me across the street once. Like what's to stop him? >> He's not So I've I I know him um because he works at Kohl's and he So he >> chases a woman. Like I had several old men ask me if I needed help. I had people like >> Um, so let's start with the bag thing. So, uh, you said no weapons and no stolen property in your bag or anything like that? >> Nope. >> Okay. Is Is it okay if I search it and make sure? >> Yeah. >> And your jacket? 218. Thank you. All right. Well, other than this, how's your day? How's your day going other than this craziness, right? >> first errand to start with and they say >> Oh boy. >> I'm out walking to my errands. I went into Kohl's to look for something and I am walking out. I'm like almost out of the parking lot and this guy's running after me. Like I don't know who he is. He's like in plain clothes. >> Is it okay if I take your ID out here? >> going to tell you absolutely. Yeah, it's out and >> Okay. >> Um Uh, well no, cuz you don't need >> Okay. Well, as soon as, uh, it's determined whether a crime was or was not committed, um, I will >> commit a crime. >> Well, we're going to find out. >> I don't have anything on me. I don't I did not commit a crime. >> Okay. So, yeah, I'm just saying that because that guy is accusing you of it. >> Yeah, I know, but I don't have anything on me. I I did not I did not steal anything from there. >> So, so we're going to check the cameras at Kohl's and if it's determined that you did, then I will get your ID. That's how that works. Okay? >> Okay, so I can leave at any time? >> Nope, you're detained, not allowed to leave. If you try to leave, you'll be arrested. Florida Statute 812.015, the merchant's privilege grants merchants and law enforcement independent authority to detain on probable cause of retail theft. The loss prevention supervisor had full legal standing before police arrived. That authority did not depend on the deputy. CCTV observation of concealment on the sales floor satisfies the 812.015 probable cause threshold. The subject selected merchandise, concealed it beneath her jacket, and exited without paying. That sequence gave the responding deputy immediate lawful authority to continue the detention. Terry versus Ohio, 1968. Investigative detention requires only reasonable articulable suspicion, not probable cause for arrest. Suspicion must rest on specific objective facts. The subject's assertion that she had not been found guilty is legally accurate, but legally irrelevant. Guilt is not the detention standard. >> You can't detain me when I haven't committed a crime. >> Because someone Excuse me. >> him of a crime and you're not detaining him. >> One second. You got a phone call. Hey. >> Are you done? >> No. It's possible. Um but go to a Firestone so we we first have to confirm whether a crime was committed or not. The bag that she had uh was full of stuff before she went to Firestone. Upon leaving Firestone, it's empty. So, it's believed that items were discarded inside of Firestone's bathroom. So, go over there. Um take pictures of the bathroom. Um So, at the end of the day, loss prevention um accusing her of stealing. And then >> some dude in plain clothes chasing me. I didn't no >> crime has been committed. You have no proof. You have no right to detain me. >> Yes, I did. >> Yes, you do. So, you're not leaving. If you leave, you're going to go to jail right now. So, you're staying right here. >> That's That's not true. >> That's how it works. >> No, it's not. >> explained that to you, right? >> I know my rights, and I have not done anything wrong. You cannot detain me. >> Yeah. Someone accused you of a crime. >> I'm accusing him of a crime, and you're not detaining him. >> So, he's Cole's security? >> It doesn't matter who he is. You cannot harass me, but you cannot put your hands on people. You cannot chase people. I'm a female. >> We're not holding court in the street for anything. So, this is how it's going to work. We're going to stay here >> No. >> until we figure out what's going on. >> You know that that's illegal. >> So >> Okay. We're not going to argue with >> It's illegal. I have not done anything wrong. >> But she's putting this down. I'm putting this back on. >> Hey. >> And you're not leaving. >> Yes, I am. Let go of my cell phone. >> All right. >> Because I didn't do >> Let go. >> my cell phone. I'm not Listen. I'm cold. I'm not >> Let go of Let go of the jacket. Let go of the jacket. >> Let go of the jacket. There's nothing in it. >> no right to leave right now, and you're not leaving. >> Listen. >> So, you're being detained until we figure out what's going on. >> Oh my god. >> Illinois versus Wardlow, 2000. Unprovoked flight from security contributes to reasonable suspicion. Running across an active roadway, entering a third-party business, and emerging from a private bathroom with a visibly deflated bag each strengthen the factual basis for the stop. Schneckloth versus Bustamonte, 1973. Voluntary consent given audibly on camera eliminates the warrant requirement entirely. The subject consented to both searches. No stolen property was found on her person. No Fourth Amendment violation occurred. Before the deputy arrived, the subject had disclosed she was armed during a call relayed through dispatch. Graham versus Connor, 1989. Force is assessed from the officer's perspective at the moment of decision, not in hindsight. At the moment of contact, the subject had declared intent to leave and physically begun to depart a lawful detention. Courts assess that moment from what the officer knew, then not from footage reviewed afterward. The restraint applied fell within accepted use of force parameters. >> Oh my god, I know my [ __ ] rights. You guys are going to be in so much trouble. >> Okay. Well, you're being detained until so >> How far am I going to get with [ __ ] cuffs on? >> I don't know. >> Calm down. >> Seriously. >> Calm down. >> You're the one who got uncalm and it's on your >> Yeah, cuz you're trying to leave. >> Is your body camera on? >> I was trying to put my jacket on. So, ma'am >> all of my stuff back. He searched my jacket. He searched my purse. Listen. >> I I understand. So, >> You searched my jacket. You searched my purse. It's windy. I wanted my jacket back on. That's it. >> Okay. >> You're the one who got violent. >> Cuz you're trying to leave the scene. You just >> to leave. >> You just told us You told me you were leaving and you were putting your jacket on and walking away. What are you talking about? >> Okay. Okay. I understand. I >> Okay. Thank you. So, ma'am, what we're going to do, I'm going to have you sit on this bench. And then once where And then we're going to play the waiting game. >> Can you please take these off of me? >> No. >> They're hurting. >> They're not meant for comfort. And >> I didn't do anything wrong. They're hurting me. I have hurt shoulders. >> Okay. So, how about this? How about you work with us? Cuz we're being nice to you. >> You won't >> trying to escalate the situation. >> But if we can all agree to be nice, I >> Thank you. So, how about you take it down a notch? >> I'm not yelling. I've never yelled at you. >> Didn't say that you did. But that's irrelevant right now, cuz it's not a big deal. But let us figure out our job, and figure out what's going on here. And if nothing happened, you'll be on your way. >> And then you're going to be [ __ ] sued >> Do what you need to do. Do what you need to do. >> Yeah, because I know >> So, we need to have the female detained for now. She's being uncooperative. >> I'm not being uncooperative. >> Let's come sit over on this bench. >> I would like my property, please. >> Come sit over on this bench. >> Can you please put the property in >> want to sit on the bench or in the car? >> No, I want to sit on the bench. But you have no right to have my stuff. >> Yeah, the items that were recovered she said about like two or three hundred dollars worth of >> That's weird. Okay, cool. Take pictures of it. Um >> He's going to We're going to go back to Kohl's and then get the receipt and stuff. >> Okay. Sounds good. So, take pictures of what you have of the stolen merchandise. Um and then allow him to collect it that way we don't have to do a photo release. Um And >> He He brought the cash back from the Firestone bathroom outside. I'm just taking a picture of it all together and then he's going to take it back and then give me a receipt. >> Okay. >> And the statement, okay? >> Sounds good. >> Okay. >> Bye-bye. All right. So, I'm going to read you your rights now. >> I didn't do anything. >> And I'm going to take your ID out. >> I didn't do anything. >> And I'm going to run your name. That's how that works. >> I didn't I did not steal anything. I don't have anything on me. This is illegal. >> Yoink. >> This is illegal. >> No, it's not. >> Yes, it is. And And if you don't I'm not surprised you don't know it because a lot [clears throat] of officers don't understand the law, though. >> No. Why you You still live in Fort Myers? Okay. Well, >> You're You >> This is what happens when This is what happens when you come to Charlotte County and commit crimes. >> You have no right. I did not do anything wrong. >> Okay. >> not have any stolen property on me. >> Yeah, it's not on you cuz you But you still deprived Kohl's All right. Well, camera footage and a witness is probably going to say otherwise. So, >> [clears throat] >> I didn't do anything wrong. >> Okay. >> And you can't hold me. You can't >> Just watch her and All right. Oh, he looks familiar. Um So, you You the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions and have them with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions without a lawyer present, you will still have the right to stop answering at any time. You also have the right to stop answering at any time until you talk to a lawyer. Do you understand each of these rights I explained to you? >> Yes. >> Okay. Um but the whole reason for EMS I'm not saying you have >> And then, do you know the meaning of perjury? >> Yes. >> Okay. I saw that this one Perjury can be committed by telling lies or misinformation under oath. Do you understand what I've said about perjury in the state of Florida? >> I do. >> Um Okay. Prior to taking this statement, I'm going to place you under oath. Please raise your right hand. Um all right. Do you swear and affirm that the statement you're about to give is the whole truth and nothing but the whole truth? >> Yes. >> Mueller versus Mina 2005. Handcuffing during an investigative detention is permissible when documented officer safety concerns exist. The prior armed claim, logged in the dispatch record before arrival, created exactly that predicate. Her later denial did not erase it. Statements entered into a dispatch record govern every subsequent decision. An officer who acts on that information is legally protected even if the information is later disputed by the person who provided it. Miranda versus Arizona requires advisement before custodial interrogation, not during a Terry stop. Administering it here was premature but prudent. Florida statute 837.012 separately mandates a perjury advisement before any sworn statement is taken. The sequence used was Miranda then perjury warning, then oath, then sworn statement. That four-step chain is suppression resistant and exposes the subject to perjury liability if her account contradicts the footage. >> Okay. Go ahead and state it. >> So, on today's date, which is March 4th, 2025, I was on duty as the operations supervisor for Kohl's Department Store number 1209, located at 19600 Cochran Boulevard, Port Charlotte, Florida. Um while I was walking the sales floor, the sales floor is around, I noticed a middle-aged white female wearing a green coat, short denim shorts, and [snorts] light colored shoes. I noticed that she had a large bag beneath her jacket in what I would describe as hidden because I could really only see like a bottom glimpse of the bag, but I could see that it was pretty full and there was it was definitely under there. Uh so, I was suspicious of that. So, I came back to the LP office where I reviewed closed-circuit television surveillance, uh CCTV. And so, when I rewound the CCTV, I was able to confirm that she entered the doors she entered the store via the missus doors at 9:20 a.m. At which point she proceeded directly to Sephora >> 1:28 or sorry? >> Uh one 9:20 a.m. >> Mhm. Okay. >> Um 920. And then so, when she came into the store at via the missus doors at 9:20 a.m., she proceeded directly to Sephora where she immediately selected several items off the shelves and she concealed them under her jacket into the bag and then she would pull her jacket closed to further hide the bag from plain view. Um she continued that behavior of walking around Sephora, selecting merchandise from the shelves, and then concealing it into her bag on camera. Um As I said, on camera, you clearly see her picking up items. Her She puts them in her bag and then she would she would coat to to hide the bag, um which is like I said, when I noticed her as I walked the sales floor. I confirmed concealment. I began watching her, um saw some more concealment of some clothes, and then eventually she exited the store uh via the men's doors at 9:58 a.m., 958. Uh she passed the last point of sale without paying for any of the merchandise. Uh she never went to the registers or attempted to pay. Uh once she was outside, she was walking to a white sedan that is I don't know at this very moment what car make model it is, but it's that's what she arrived in. It's still outside as of as of this moment. Um, but anyways, I approached her, identified myself as loss prevention. I was on the phone with dispatch at that point, so it's probably, you know, a recorded thing. Um, but anyways, I identified myself as Kohl's loss prevention. I asked for the merchandise back. She said, "No, I don't have any merchandise back." I asked her again, you know, I would like the stuff back that's in the bag beneath your jacket. I know you have some more stuff. I watched you on camera. I'm a representative of the store. I need my stuff back. I need you to come back. Trespass you. Um, she refused. She was uncooperative, and she ran with the merchandise in the bag under her jacket to Firestone, and she went Well, she's kind of causing a scene when she went in. She pretty much was saying to the men up front, uh, "Help me. I'm like just a victim, and this guy is like a stalker or something." So, anyways, she ran into the bathroom, and I explained the situation to them. And when she came out of the bathroom, her bag was now flat like a pancake. When, as I said, when she went in before she went into the bathroom, her bag was bulging full. Um, I had video of that on my personal cell phone as well as on the, you know, the CCTV. Um, and then when she came out of the bathroom, her bag was very flat, as attested to as well by the manager of Firestone, uh, Ron Ron Kulwicki. Um, he he, uh, you know, when we were outside collecting the merchandise, that's what he stated to you too was that he saw himself, um, the fact that it was full and then flat. Um, but anyways, after she came out of Firestone, she Well, she was pretending to be on the phone with police, and the reason I say pretending is because she was saying stuff like, "Yes, 911, I need you to help me right away. There's this guy. I'm armed. I have a license to carry. He needs to get away from me. Um, police police." And then, but I told dispatch that, and they said there's nobody like on the phone making such a phone call. Um, so I say she was faking it. So anyway, she ran across to Millennium Healthcare, I suppose it is, also on Talking Boulevard, and then she started I was not I didn't never touch her and I never really even got close to her. I was just like following her like from a distance while on the phone with the police. She clearly knew who I was. She knew why I was approaching her, but she attempted to basically reverse the roles or cause some sort of she tried to like incite a panic by screaming at the top of her lungs in front of Millennium in a crowded area. She started to go, "Help, this guy is a stalker. I need police." And then so as I said, it caused a little bit of a panic where Millennium you know, they they took her in and "Oh, we'll we'll we'll keep you safe from you know, the domestic violence or whatever sort of you know, craziness is going on, you poor little thing." I know I was I again, I didn't I didn't even enter the facility. I stand outside as to not like further escalate that and I communicated to like the manager whoever you know, represented them that you know, my role and what was going on and that I showed them I was on the phone with the police. So I tried to like de-escalate it as much as possible. >> The recovered merchandise was buried beneath paper towels at the bottom of a trash receptacle inside a business the subject had fled through. Concealing evidence beneath debris is recognized by courts as consciousness of guilt and admissible evidentiary principle. Florida statute 812.0142 at sea one high. Theft valued between $750 and $20,000 is grand theft in the third degree, a felony carrying a maximum of 5 years. The merchandise exceeded $1,000. The felony threshold was crossed the moment she passed the last point of sale. >> So you went across, right? To Millennium? >> Yes, I went across to like the front of Millennium, but I never entered the front door. I only went as far as looking into the front door from the outside. I never actually entered lobby. I was I looked into the open door to the lobby cuz I wanted to make sure she wasn't going to flee out like the back and go out like an emergency exit. >> Okay. >> Um but anyways, so yeah, eventually the police arrived. I believe the first deputy on scene was Deputy Joseph Jankowski. So, I explained to him briefly the scenario and then right away I went back to Firestone to secure the merchandise and I asked the manager there, Ron as I said, I said, "Did anybody like go in or out of the bathroom?" He said, "No, like I had an employee, you know, basically securing it." And so, I went in the bathroom and uh I looked around. I didn't see anything at first, but then I lifted up the garbage bag and I noticed it was really heavy and then that's when I peeked through and I saw that there was clearly um Sephora products and Kohl's tags and all the stolen merchandise was there in the garbage beneath a heap of uh you know, toilet paper and paper towels, etc., whatever have you garbage. Um so, she she clearly went into the Firestone after concealing everything and she she must have either there was no paper towels in there to begin with or she lifted it all up, put everything at the bottom, and then put them back in. But either way, she clearly made a conscious effort to put it at the bottom, obviously not just like on top where it was visible. I had to work to find it. Um so, anyways, she was detained. Uh that's where we're at. We found all the merchandise. Um Kohl's does wish to pursue charges. As of the total, I haven't gotten that yet. All I have to do is scan this in and I'll let you know, you know, here in the next 5 days. >> I could have a receipt that would be >> Yeah, absolutely. So, so what once I get the total, do you want to just continue the statement or or just come back? >> Is there No, no, we we would should finish statement now. Is there anything >> Okay, now we're down to the receipts. Okay, we got any more? Three receipts with the clothes last. She didn't pull the tags off things. That's the worst. We got to hunt down the barcodes for like >> have time. You can find her at a good time. She fled. She was like, "Ah, they're not going to find this in the bathroom." >> I know. It's like >> I mean, who runs with a bulging >> it was a little bit weird at first cuz I looked in the bathroom. I I even looked like in the toilet tank. I'm like, "Where did she put it?" >> Who runs with a bulging bag? I mean, I'm just I don't know. >> It's like this giant egg like or something. I don't know. It did look pretty comical almost. I guess it was a clever one. I mean, at least like it's not something I've seen really like much before. Like the whole bag under the jacket trick. You know, it's not it's not very frequently that you see that. Oh, crap. Well, yeah, that would be familiar with these brands. And then Estee Lauder one >> Oh, yeah. Estee Lauder just my >> milliliter serum like this one is 95 bucks. >> Well, yeah. >> And this blue Estee Lauder Advanced Night Repair is $128. >> Estee Lauder one I have I have a just the blush is 50 bucks. >> We're at $962 now. >> Yeah. >> Yeah. Yeah. 160 Oh, my goodness. >> I told you. >> Being pretty comes at >> when I would when I would >> Well, you know, it's working. So, hey. >> When I retire, I'm probably going to become a loss prevention person. >> I can see that. We We do seem to have, you know, a lot a lot get into the field. It's It's a really good job. I mean, you know, it has has its moments like like this where it's it's very like satisfying and everything. Yeah. Look at that on the I mean, we're not done yet, but right now we're at a thousand on the dot. And we still got some more to go. Oh my goodness. I wonder if she wanted to come back. >> Yeah, I just saw her put a bunch of things in her bag here on camera. Sorry. Yeah. Yeah, I'm just going to take one more picture with the whole thing and and then um cuz I took it in the bag outside the bag, but now he has it all nicely sorted out for me. All right, I'll be right there. All right, bye. All right, let me go ahead and take one nice picture. Let me take this yellow one and put it here. I might I don't know what I might I don't know if I need a This Firestone guys. I might need to save it. Did Did you know if the Firestone guys uh guy saw her? >> Yeah, yeah, he he told me he said, "I her come in with a full bag and run out with a flat one and I'm willing to attest to that to the police." And he gave me his business card and said, "Give him a call if you want >> Yeah, I'll give him a call. Just to Thank you so much. Anything else you need from me? >> Uh no. Well, if you have like a I just need her information. Well, I guess she's going to jail, huh? >> Yeah. >> That's fine. I mean, if they have a guy that can bring it They can bring it by, but if not, honestly, I could just get her information off >> So, that He's going to come back with the trespass. So, you'll get her information then. >> Okay. And and is he the lead like deputy or >> No, I think I'm going to do the lead. I believe. Well, I'll let you know. Thanks. >> Did she steal something today? >> No, she was just the same thing at the loading dock. She had her clothes spread out all over the compact car. >> She needs to be trespassed, yeah. No, you're good. >> Can I have my phone and be on the phone with my mom? No, I don't have anything. I just don't want to go out there barefoot, so >> She can put them back on after. Here, I'll help you up. Just don't fall. >> Thank you. Is there anything I missed in the search? >> Nope. >> All right. >> I'll open it for you. >> I don't understand the over the shoulder bag. Um my shoulder over the shoulder. Thank you. >> Deputy Jankowski receives a B minus. The Terry stop was grounded. The consent search was clean. Miranda preceded the sworn statement. However, the subject's complaint about the pursuit was never documented on camera. The remark directed at an uncharged individual in casual banter within earshot of a handcuffed detainee reflect a professionalism deficit visible on body camera. The subject receives a C+. Her challenge to the detention was substantively grounded. However, physically attempting to leave a lawful Terry stop exposed her to Florida statute 843 resisting without violence. Her own armed statement created the safety predicate that authorized the handcuffing she later protested. That statement was irrecoverable once it entered the dispatch record. The loss prevention supervisor receives a B+. He confirmed concealment on closed-circuit television before making contact. He made no physical contact throughout. He remained outside the Firestone lobby recognizing that merchant privilege ends at property lines. Three independent evidence streams resulted store footage, cell phone video, and a named eyewitness at Firestone. Three lessons. Merchant privilege ends at physical contact and property lines. During a Terry stop, verbal protest is constitutionally protected and physical departure is not. Arguing while standing still is lawful. Walking away is not. A statement made in fear does not lose its legal force when fear passes. Words in a dispatch record shape every decision that follows. 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.