Like I was like like like I'll just take a hundred and then I'll send the rest. I guess that's what it is. >> Okay. All right. Oh, I got you. So you'd be like, you know, $500. You would take a hundred of it, send the 400 up. Okay. All right. All right. Um and uh so >> she would go into the register, just take cash out of the register. We have it on video. We have documented 17. So you'll see her go in, pond the money, take it, put it in a pocket. She stated she thought approximately $5,000. However, documented on paper was just shy of $1,800. What you tell us and what we have documented are two different words. >> On the 13th of January, 2022, officers responded to a Home Depot in West Palm Beach, Florida. The suspect admitted to stealing $5,000, but the store could only prove $1,800. On January 13th, 2022 in West Palm Beach, Florida, a part-time Home Depot cashier was arrested after a 3-month internal theft investigation documented 17 separate incidents of cash register skimming. The suspect admitted to stealing approximately $5,000. Documented evidence supported just under $1,800. This is that encounter. What makes this stop analytically significant is that the same conduct admitting to theft in three separate statements triggered three distinct legal frameworks simultaneously. >> All right. >> All right. Bye. >> But my boss is going to take this one. >> Oh, okay. >> He'll explain everything. >> Okay. Associate 195. >> What's up, man? >> How you doing? Good. So, um, NY's been working with us for 3 months and over a 3-month period, she would go into the register, just take cash out of the register. We have it on video. We have documented 17 package in the other room. Sorry. They're doing a termination on her right now. So, once they terminate her, I'm going to bring it into you so you do. All right. So over the 3 months period we have from 119 1921 175522. He's got it all on a thumb drive for you all documented. Here's basically [clears throat] synopsis of what led to the original confirmed theft. Problem was Christmas hit and during Christmas. So we stopped the investigation of Christmas but he continued it in the store. So not everything's on this packet but it's on his thumb drive and the paperwork that he has. Okay. I could they need that paperwork, too. >> Um, >> or I could do the uh I could do this cash shortage paperwork that >> Yeah, I'll do that one. >> And then on here, so you'll have all the video. Here's all of her information. You'll see all this is snapshots of what's on video. So you'll see her go in, pound the money, take it, put it in a pocket on this >> 319. >> Basically every time she did a shortage or go in, take the money in the amount that was taken each time. >> 397 South Flagler 397. >> As soon as I walked in 397 via CCTV, >> the property manager says she went to another register 20. So today we sat her back here and she gets to register twice today where we got that money back. >> Okay. >> Um >> here's her statement. >> You want to see what she told us? >> Cuz she also says here that she stole about 5,000. So you got >> So what happened was when we go through the thing I said, "How long you been with us?" She says, "This how long I've been with us. How much on an average how much do you think you've taken from us each day?" And in registers. So then when she gave us the total, I'm like, "You think it's as much as $5,000?" And she goes, "Yeah, it probably is." >> Unfortunately, what she tells us and what we have documented are two different words. Yeah. >> And this is all we seek. We don't That's just If she wants to admit to 20 grand and be like, >> "So is that herand? >> She's out." Yeah. >> And then whoever I'm adding, just send them in here, please. >> Okay. You're fine. >> Sorry, I did. Okay, no problem. A lot going on. I see. [laughter] >> She's going to leave one right here. >> For you. >> And fold it with her fingers. >> Are you locked in or out? >> You're still in. Okay. >> Just give a few seconds. >> See how it's tucked? >> Yeah, it's just tucked under. Yeah. >> She drops it there. She's going to pick it up again. Fold it. Yeah. Yeah, I see it. Yeah, >> she's quick. That's why I asked her when I was interviewing like where were we before here because like she did it before. Does she have any prior? >> Um, no. She doesn't have uh really any history. So, that's, you know, >> she caught on quick. That's the scary thing. Like, she was like, she caught on with the systems and stuff. >> She goes in and right in her pocket. >> Oh, yeah. That's one of them. Let's see what else. >> Yo, old school cameras four years ago. >> Oh, yeah. >> Wouldn't even had a chance. >> Like, what is that? What are they doing? >> There. [laughter] >> Something's moving. [cough and clears throat] >> Okay, that one's done. >> She's getting the You don't have to work with that. >> Can't see. >> There you go. Folded one right there. >> Tucked it into her palm. >> That one you can still see the tip of the money sticking out in their hand, too. >> Yeah. Yeah, you can see it. Yeah. It's like separated from the rest. She's very cooperative, wasn't she? >> Yeah. Yeah. >> She's very well mannered, too. >> She was ready to go. >> She's smart. She's smart, too. >> She puts that. >> So, she's still got it in her palm. >> Yeah. >> And then right in her pocket. >> Yeah. Yeah. >> Yeah. You're right. You know, if you had uh, you know, like kind of older cameras, you probably wouldn't be able to tell you. >> That was used to be our nightmare. You have to do covert cameras in order to try to >> Right. Right. >> What about today? You had the >> uh I didn't save video for today. You want me to? >> Go ahead and save it. Yeah. [clears throat] >> She did. She did take it. >> You took $150 off. >> Yeah. What time did I walk in here? >> I don't know. >> It was literally right after I walked in the door. >> Um Adam, what's your position here? >> I'm the district asset protection manager. >> Okay. And uh can you tell me uh just why are we here? What happened? Uh back in early December uh we were able to uh review some reports that showed shortages, cash overshort reporting. Uh during that time we identified uh the cashier in question uh last name um had multiple cash shortages. Uh due to that we began our investigation reviewing CCTV. uh at which time we identified um removing funds from the register on multiple occasions and concealing them either in her apron or in her pants pocket. Um due to that we concluded an investigation and on today's date >> uh what was today >> on 113 2022 I responded to the store to speak to me with regards to the cash shortages. During my conversation with um we asked what transpired and what actions she took. She acknowledged both written and verbal that she would um open the register doing cash strip voids, remove funds from the register and conceal them in her apron or in her pocket. She stated the reason she did that is she had a family member that passed away and that she had to help them pay for some funds. When asked how much she took, she stated she thought approximately $5,000. However, documented on paper was just shy of $1,800, which we have CCTV and documentated uh document documented reports of >> Okay. Um and she was hired just as a standard cashier. >> She is a part-time cashier. >> Okay. All right. Um anything else? >> She's been with us about three months and per her self- admission, she's been doing it since she's been with us. >> Okay. Uh Miss uh can you tell me what happened? What's going on? Like when I like I've been he said I've been working here three months I guess now that cuz I came in November right like when I just work like I was just taking the funds just so I could like do my granddad for his cremation. >> So you took this job for your for who? >> No like I was working like it's just working but no like with this it's like I was taking the funds out for my grandfather's cremation. Sorry, your father's cremation. Okay. >> Yeah, my grand >> Okay. And um wait, what do you mean you were taking funds? Uh what do you mean? >> Like the money from the registers? >> All right. The money that you were stealing from the register. Okay. So that money you were using to donate towards your father's cremation. >> Okay. Um obviously um I mean uh I hope you understand the error in your ways you know uh so you know I mean it's against the law to to steal you know from a business you know you were getting paid correct you're already getting paid and you got your monthly salary or uh paychecks. >> Yeah. >> Yeah. Weekly. Okay. And uh but you know so you you were taking the the money out of the register. How would you do this exactly? Like it was like we got to like the register say do like a cash strip and just like fold it >> cash drop. >> Yeah, you can say cash drop. Same thing >> or strip. You said strip. Okay. >> Okay. And so what is a cash strip mean? >> It's like it's like when the register is like you have they only can have a certain amount in the register. So like if you have like $1,000 you have to drop five. Well it normally be more than 1,000 but it'll tell you how much you have to drop. So we like it's like hundreds 50s then 20s 10 fives ones and like change. You shouldn't have nothing in your hundreds and 50 spot. You should only have 20s, 10, fives, and ones. >> Oh, okay. >> Yeah. >> And so when you have uh excess money in your in your register, you have to do a strip. >> You just have to like send it up to the office or I don't >> So what would happen normally if you know um you weren't stealing the money, but you know, you you understood that there you needed to do a strip on your register. Who would take the money? >> Nobody. We have to put it in like like if it if it's like this shift daytime, you just put it in like a a bottle and you send it up. But if you do night shift, you have to just keep it under the register. >> Oh, okay. All right. So, they have like a specific means for collecting the money and then but it's not to go like in your pocket or something. Okay. All right. So, >> and you said it goes in like a what what did you call it? One of those >> a bottle. It's like So, how you do it is you put it in like a packet. >> You You have a zipper. You zip it and you put in a bottle and you send it up through like a tube. Just a tube. >> Okay. >> Yeah. The bait when you go to like the drive-thru. And so what what's usually the amount that it requires you to do a strip or is there any amount? >> No, it's not the amount. So like how muchever 20 like how much of hundreds and 50s you just put in. So if you got like 1000s, you'll put 1000s. If you got 350s, you'll put 350s and the computer calculate it out by itself. >> Okay. All right. And so but you were just stripping the the register but then you're not sending it up. You just >> like I was like like I'll just take a 100 and then I'll send the rest like >> Okay. All right. Oh, I got you. So you'd be like, you know, $500, you would take a hundred of it, send the 400 up. Okay. All right. >> All right. Um, and, uh, so what was the when was the first time that you, uh, >> should be in December? >> Okay. Um, and, uh, do you remember how much approximately you've taken? >> Uh, when I did it with AJ and Beth, they tot, and that was theirs. That's what they took out. So, >> okay. Um, are are you uh you know regretful at all for >> Yeah, it was just like I just have a lot going on. >> Okay. Um, do you have anything else for me? >> No. >> Okay. Um, >> they had like we sign like a paper say I could pay it back, but I don't know how we go about that. I don't know. >> Okay. Is that what your intent is? Yes. You Okay. >> Do you remember when you were uh hired here? You just said uh November, right? You say sometime in November. Okay. >> I don't know. It was after Thanksgiving, but my first shift was after Thanksgiving. >> Under Florida statute 812.014, theft becomes grand theft in the third degree when the value of property taken reaches $750. The threshold extends to 20,000, making any documented loss within that range a thirdderee felony, regardless of the exact figure. In this case, both the documented $1,800 and the self-admitted $5,000 clear that threshold. Where the gap between those two numbers matters is not in the charging class, it is in restitution calculation. Plea leverage and the risk of a suppression motion if either figure was improperly obtained. The most commonly misunderstood principle in workplace investigations is this. Miranda does not apply to private employers. Under Colorado versus Connelly 479US415 1986. The Fifth Amendment restricts only state action, not private loss prevention teams. A written confession to a store manager is admissible as a party admission under Florida Evidence Code section 90.8003. Terminating the employment does not end the legal risk. It begins it because those statements walked directly into a courtroom. When the responding officer began questioning the suspect posttermination, a separate Miranda analysis attached to that encounter. Under Oregon versus Matiasin 429U, S492, 1977, custody requires either a formal arrest or a restraint on movement equivalent to one. Seated in a back office after voluntary termination, speaking with a single officer in a conversational tone, the encounter was likely non-custodial. Florida's fourth district court of appeal applied the same totality of circumstances framework in state versus Bradley and under that standard the suspect's statements to the officer are probably admissible but probably is not bulletproof. The safer practice would have been to Mirandise before eliciting detailed procedural admissions about the theft method. The suspect also volunteered restitution signing a paper with the employer agreeing to pay the money back under Florida statute 775.089. Restitution is a sentencing factor, not a shield against prosecution. It cannot undo a completed theft. For a first offender with no prior record, however, a demonstrated willingness to make the victim whole can support a withhold of adjudication, meaning no formal conviction on the record if probation is successfully completed. >> Okay. Uh, stand up for me. >> Can we go out this door? >> Yeah. Yeah. Yeah. All right. Turn around. And this week? >> Yeah. Yeah. Make it right. >> Um. >> Oops. >> These all ones. >> Yeah. >> Are these credit cards in your name? What's your name? >> Jon. Guys, do you have anything in your I'm sorry, guys. You have anything in your your locker that you need to have? >> No, I never use my locker. >> Okay. All right. We got 110 105 16 17 18 19 20 21 22 23 24 5 26 $27. Any other cash? >> No. >> At the time of this analysis, the case outcome was not publicly available. Based on the footage and applicable law, the most likely charge is grand theft in the third degree under Florida statute 812.014. A felony carrying up to 5 years in prison. Given the absence of prior history, the cooperative demeanor, the signed restitution agreement, and the sympathetic motive, a withhold of adjudication with probation and ordered restitution is the probable outcome if a plea is reached. The responding officer receives a B+. The investigation was layered, non-coercive, and produced a strong evidentiary record. The officer maintained a calm, respectful tone throughout, allowed the suspect to speak freely, and inventoried cash and personal property on camera, all sound practice. The deduction applies because the officer elicited detailed procedural admissions about the theft method without administering Miranda warnings. Under the Miasin framework, this was likely permissible. But creating that suppression risk when a 30- secondond advisement could have eliminated it entirely is the kind of gap that defense attorneys exploit. Good investigation, avoidable exposure, the suspect receives a D. Her demeanor was cooperative, her motive sympathetic, and she did not attempt to flee or obstruct. None of that changes the legal outcome. Jennifer waved her fifth amendment protections in writing and orally on three separate occasions. First, in a written statement to loss prevention, second in a verbal admission to the district manager, and third in a detailed procedural confession to the responding officer without ever requesting counsel or declining to answer. The moment the conversation shifted from employment status to criminal conduct was the moment to stop talking. She did not stop. Home Depot's asset protection team receives an A minus. The evidentiary package was nearly complete. 17 documented incidents, CCTV footage, cash shortage reports, a written confession, and a thumb drive delivered to the officer at the scene. The minor deduction applies for one reason the team accepted and recorded the suspect's self-reported figure of $5,000 rather than anchoring exclusively to the $1,800 independently documented. That inflated number can create credibility questions at trial if the prosecution relies on it without corroborating evidence to match it. Lesson one, a private employer may question you without Miranda warnings, and your statement will follow you into court. Under Colorado versus Connelly, the Fifth Amendment does not restrain private actors. In this stop, every word Jennifer said to Home Depot's loss prevention team was legally fair game from the moment she said it. Lesson two. Once the conversation shifts from job performance to criminal conduct, decline to answer and ask for an attorney. under Miranda versus Arizona 384US 436 1966. That right attaches the moment custodial interrogation begins, but the smarter move is to invoke it before custody is even established. In this stop, Jennifer described her method, her amounts, and her motive in full before any attorney was present. Lesson three, self-reported dollar figures given under stress almost always exceed what the evidence can independently prove. Volunteering a higher number can escalate a case that would otherwise have resolved on a smaller footing. Under Florida statute 812.014, both 1,800 and 5,000 land in the same felony tier, but only one of those numbers was on video. Lesson 4, restitution is a sentencing tool, not a defense. Under Florida statute 775.089, offering to repay stolen funds cannot undo a completed theft. In this stop, Jennifer signed a restitution agreement before the officer arrived a factor that may help her at sentencing, but provides zero protection against the charge itself. Lesson five, asset protection investigations that lead to criminal referrals carry evidentiary standards even before police arrive. Under Florida Evidence Code section 90.8003, a written admission to a manager is a party admission admissible at trial. In this stop, Home Depot's documentation, CCTV, the cash shortage reports, and a signed written statement formed the backbone of the criminal case before the officer walked through the door. 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.