Just get on the ground. Get on the ground now. Get on the ground. All the way down. Put your hands behind your back. Do you have any weapons or anything on you? >> Hey, where did they run? Huh? What is it? Northbound on N thing. Burney subject got into the vehicle and went northbound on N thing. >> So, stay right here with me. Stay right here. >> Hey, where did they run? Huh? What is it? CT1 CT1 3 CC TY. It just went northbound on N thing. Burney subject got into the vehicle and went northbound on N thing. >> Yeah, but she probably dropped them off in this car, so it's the car they gave out. So, stay right here with me. >> On July 6th, 2024 Palm Beach County deputies responded to a retail theft complaint at a Costco in South Florida. The suspect was arrested for petit theft after a foot pursuit and a brief vehicle stop of a third-party driver. This is that encounter. What makes this stop analytically significant is that the $240 merchandise value is the figure that controls the entire charge. >> Stay right here. >> Ran right between the heads. >> Did they say he dropped them off in this car? Did they say anything that came out of this car? >> Yeah, he said he ran out of it. >> Out of this car? >> Yeah, I'm going Hello. >> Hello, ma'am. How are you doing? >> I'm doing good. >> All right. Reason why we you pulled you over, where's the guy that was in the car with you? >> He just told me to drop him off over here and he got out. >> So, how do you know him? >> That's one of my friends. >> One of your friends? >> was riding out riding down the street and he flagged me down and I was like, "What you doing over here?" >> Where did you drop them off at? In front of the pool area? >> right in front of the right in front of the entrance. That's where he turned in in the entrance. >> Okay. >> Yeah, and I was trying to turn around and get out. He got out. I don't know where he went >> The female just told me this vehicle he dropped he dropped them off right here. He told me to drop them off right here by the park. It's a friend of her a friend of hers and ran into the wooden area going southbound into the wooden area. Run the vehicle on this No, I got the idea that we'll run the vehicle, the VIN on this vehicle. So, you back so You saw me you coming out and you saw me you backed back in cuz you saw me coming down the street. Why did you do that? >> He jumped That's why he jumped He said back up and he jumped out then. I I promise God I didn't even see you. >> All right. >> He jumped out. I didn't even see you coming. He told me to back up and he was going to get out right here. And I backed up I came this way to try to get out. >> Hey. So, does the female have that he said when he ran out this this dude flagged flagged her down? It's a friend of of his but flagged her down and told him, "Hey, come pick me up. Hey, come over here." and got in the car and then they took off this way. Um Do you need anything We got her information. Do you Do you still need me to detain her or no? She only knows him by Mike. And then and uh and uh stuff. Okay. All right, perfect. Yeah. Hey, she can go. >> All right. >> All right, you go. We got your information. So so you're good to go. >> All right. So I'm going to >> You put on the corner? Yeah, no problem. Okay. No problem. [ __ ] >> 8098 do you listen? 905911 This female on my 10-50 says she knows he goes by the name of Mike. 8098 do you listen? 35 for fortune Thanks for your time. Okay. >> Hey, how are you? >> 65 for fortune 80130 30 things up on the channel we just talked about. Thanks for your time. >> Hey, how's it going? Hey, how's it going? >> Come over here. We're going to talk. 10-4 911 >> Hey. >> Get him. >> Uh kind of, no. >> What? >> Hold on one second. Let me see this guy. >> Kind of, no. >> And he walked by me all angry. And And quickly. And I'm like >> You were standing up front? >> Yeah, kind of near the entry door. >> Okay. >> And I was like, why is this guy doing this? >> Yeah. >> And so I just I'm like, this is I don't know And I thought to myself why is he going like this cuz there's a whole line on the other side. >> He's being >> around this side. I know when he gets to the end of the line back there on the other side it's going to be a problem because of the way he's walking. >> Yeah. >> So then >> He's pretty much going around everybody that's waiting in >> hit the bulk wall and beamed it down. And that's immediately I was like, I'm following this guy. >> Did you think he was going to hit Mercy again? >> No, um I wasn't sure yet. >> yet. >> But the way he walked down bulk wall I was like, I got to follow this guy. I don't know why. Um and you'll see me. I come right behind. This is actually right after he conceals it. He conceals down there. Um >> So to answer your question from before we stopped the car that you guys >> I had the merchandise. I got it back from him under the canopy. >> Okay, that's good. Everything? >> Yes. >> Okay. >> As far as I know. Um I saw him select two tenderloins and that's what I got from him under the canopy. You probably got the tail end of that when I said, "Just give me the damn merchandise." >> Yeah, I didn't hear that. >> [laughter] >> Another question, are you guys prosecuting? >> Yes. >> Okay. >> Um here So here you go. Watch. I don't know why. He came screaming by me and I'm like, I'm following So watch. >> [laughter] >> There's me. I was like, I don't know what's going but this this guy gets in line over here and sees it, it's going to be a problem. So then um he goes he wraps around and he goes right to the meat case and I knew it was going to be a problem. >> So what was the real quick, what was the first thing that got your attention? What was he doing exactly? >> He was walking really quickly. And I've I've never even seen this guy it before. >> Okay. >> Like Knowing how busy it was on the other side, I thought when he saw the line he was going to get irate. >> Got you. >> Then he peruses this and But you'll see eventually the damn tenderloin laying on the ground. >> And um can you identify this song again? >> Yeah. >> I don't think he did. >> Here you go. Look, look, look. Okay. So here you see me talking to him trying to get the merch out. And then he takes the merch out and runs off. >> Okay. So originally you thought he was going to go west? >> Um yeah, that's what I told the lady. >> Yeah. >> I said he's going to go run down west down Southern, but then he once he kicked around Outback, he cut back towards Lamppost. >> Oh, so did he go around the outside of Outback or towards Southern you think? Okay. >> I thought he was going to run down the motel. >> And you chased him the whole time? >> I didn't. The two cart guys were on his ass. >> Okay, perfect. Are they able to meet us here? >> Yeah. Oh, they're outside. They're getting paid. >> [laughter] >> But yeah, they were the ones that saw the getaway car and all that jazz. >> Cool, okay. >> Yeah. So >> Cool. >> I put the merchandise um back in the cooler in the back just so we can salvage it. >> Okay. Awesome. >> literally it was it's it's a Pismo, you know, it's sealed. >> Yeah. Well, he almost got away with it. >> Yeah. >> Good job. >> Um you want to know the total? >> If you don't mind if I could get the works, the um actually >> Yeah, the receipt? >> What I can do, you know how we're doing like >> and 120, almost dead even. So two of them. He had >> They're $120 each? >> Yeah. >> Really? >> And that's not it. He got choice. I don't even know why he didn't get brine. >> Wow. >> Yeah. >> So they located the vehicle. Uh female was in there, the guy was not in there. And she was kind of playing dumb like, "Oh." So it's it's still good information. >> Right. >> It'd have been nicer if the guy they got him. Um Apparently he ran into the woods by the water park. There's like six of us there now trying to find him. >> We have a dog? >> Where's Lyle? >> I already I already got him. >> Lyle >> Just get on the ground. Get on the ground now. Get on the ground. All the way down. Put your hands behind your back. Do you have any weapons or anything on you? Nothing? Just your phone? Okay, stand up. Yeah, I had to classify you, but I had no way to secure you in my vehicle. I sent somebody over by me. You have nothing to conceal a weapon or anything? So, you said you were arrested for petty theft. How many times? >> Uh many times. >> A lot or no? >> Over very many >> Many times? >> No, over many >> How many years? Okay. >> Yeah, not like over >> Okay. Is this the correct address right here on the uh driver's license? Yeah? I would wait till after we do >> Well, what we're going to do Well, what we're going to do right now, do you have any contraband or anything like that? Anything >> Put his wallet up there and his phone and his watch. >> Okay. What we're going to do, if you don't mind, just have you have a seat for a couple of minutes. And then I'll put that in the car. Do you have a local? If you don't mind, just stay put. >> I told him I'd give him a little bit of water. >> Wait for an officer to arrive now. >> About three Actually, you know what? Hold on one second. Let me just I just don't want to tighten up on you so they don't lock them. How does that feel? Is it okay? >> Yeah, that's fine. >> As good as it's going to get, right? >> Yeah. >> All right. So, if you want to have a seat for me real quick. Um So, once again, just like I said, you don't want to provide any consent. >> Uh no, sir. >> Okay. So, at this point um you you are going to be getting arrested for shoplifting. >> Yes, sir. >> In reference to an incident that happened at the Costco >> Okay. >> about an hour ago. >> Okay. >> All right. >> Okay. >> Let me put this seat belt on for you. Uh petty theft. >> Okay. >> And that's it. >> All right. >> Any questions or do you need anything? >> No, sir. >> Uh you want another drink? >> Where this exchange fails is that the deputy asked about prior arrest before any Miranda advisement was given on camera. Under Miranda versus Arizona, 384 U.S. 436 1966, custodial interrogation requires a prior rights advisement and that question qualifies. Under Florida statute section 812.014 theft grading is determined entirely by the value of the property taken. Property between $100 and $750 is petty theft of the first degree, a first-degree misdemeanor with a maximum of 1 year in jail. In this stop two tenderloin packages totaled approximately $240 placing the offense in the first-degree misdemeanor tier. Where the value threshold matters is that $751 or more would have elevated the charge to grand theft, a third-degree felony. Under Terry versus Ohio 392 U.S. 1 1968 a brief vehicle stop requires only reasonable articulable suspicion. In this stop deputies had a matching vehicle description and confirmed direction of travel from the radio lookout, two facts that satisfied Terry on their own. Where the stop holds is that the driver's own account flagged down by a stranger independently corroborated the link to the fleeing suspect. Under Florida statute section 812.015, merchants and law enforcement may both detain a retail theft suspect on probable cause from direct observation. In this stop, the loss prevention officer completed all six steps: selection, concealment, continuous surveillance, non-payment, exit past the point of sale, and challenge outside the store. Where that chain forecloses any innocent explanation is that the merchandise was recovered from the suspect under the canopy after he had already exited the building. At the time of this analysis, the outcome of any criminal proceedings in this case remains unknown. The deputies receive a B+. The Terry stop, foot pursuit containment, and formal arrest were constitutionally sound. The sole gap questioning about prior arrest before Miranda prevents a higher grade. The suspect receives a D. He stole the merchandise, fled at the point of challenge, and used an uninvolved driver as a getaway vehicle. Post-arrest compliance and invocation of silence prevented a lower grade. The loss prevention officer receives an A. He completed every step required by Florida statute section 812.015, recovered the merchandise intact, and gave deputies a clear account. The driver receives a B+. She cooperated fully with deputies, provided accurate information about the suspect, and was released without charge. Lesson one, value defines the charge. Under Florida statute section 812.014, $240 means a misdemeanor, $751 means a felony. That one threshold determined every consequence in this stop. Lesson two, containment beats direct pursuit. Under modern officer safety doctrine, perimeter plus K9 is the standard for unknown terrain foot chases. In this stop, deputies made a safe arrest without a single officer entering the wooded area alone. Lesson three six steps build probable cause. Under Florida statute section 8, 12.015, completing all six steps through challenge outside the point of sale is the foundation that survives suppression review. Lesson four, flight adds exposure. Under Illinois versus Wardlow, 5 28 U. S. 119, 2000, unprovoked flight factors into probable cause. In this stop, running at the point of challenge added resisting officer exposure to an otherwise straightforward misdemeanor. Lesson five, Miranda attaches at custody. Under Miranda versus Arizona, questioning a suspect in custody before advising rights creates a suppression risk even when the answers are not the most damaging facts in the case. 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. >> Uh I'm good right now. Thank you.