Okay. Well, um, they were arrested. >> Okay. Why is that if they have my permission to be in the vehicle? >> Because you signed a power of attorney for that vehicle over to Mariah. >> On May 4th, 2023, the Flaggler County Sheriff's Office stopped that vehicle after a stolen report. Sergeant Weaver then had to decide who held the legal right to it. Three questions decide this case. whether the felony arrest had probable cause, whether the power of attorney changes the analysis, and whether the retrieval plan was lawful at all. >> HEY, SHERIFF'S OFFICE, GET ON THE GROUND. GET ON THE GROUND. >> GET ON THE GROUND. >> Get on the ground. >> All right, take over. Keep your hands up. Keep them up. >> Hey, one at a time, guys. One at a time. >> Huh? Step back. Step back. Step back. Up against the car. Hands on the car. Set your phone down. >> You're caught. Just vlog out. Got your phone down up against the car. >> Who else is with you? Just y'all two. He said she said it's just them two. Come back here. >> Hey, Trigger. You take her. I didn't search her anything yet. >> Hey. >> Yes, sir. >> Did you guys see anyone else with these two or No. Just okay. >> That's a stolen car. >> Same. Oh gosh. See this all the way at the same time. >> Okay. You guys are in a different car here? >> Yeah, we're in the van. >> Right there. >> Thank you. Appreciate it very much. >> Do what? >> You're in that one. Appreciate it. We just want to make sure no one else is with them. >> Yeah, probably. Yeah. There's a Red Bull over there, too. But I'm pretty sure that >> it's alcohol. >> Is it? >> Okay. >> Oh, yeah. Vodka Red Bull. >> Hell yeah. No, there's more. >> There's more alcohol on the cup holder. >> I found a little bit of weed in the >> A little bit of weed in the driver's uh purse, but nothing like >> a little bit of weed. >> Mariah, >> this is her. >> Hi, this is Sergeant Weaver at the Flyer County Sheriff's Office. >> Hi. How are you? >> Hi. Good. We are um just north of Daytona Beach and we are out with this uh black BMW that you reported stolen. >> Oh, you are? >> Yes, ma'am. Who is uh we're just trying to >> Can you just run me through real quick how it got stolen? >> Yeah. Um >> it was in my parking lot. >> It was in the parking lot at my apartment and um I went out and it was gone. I have the keys and everything. >> Okay. So, you just had one key fob. >> Yeah. >> Okay. Who is Zay? She's the owner of the car. >> Yes. Um that's um my co-owner of the car. co-owner. >> Yeah. >> Okay. And Zeal lives in Ohio, I'm assuming. >> Yeah, she lives in Ohio. >> Okay. >> Do you have Zale's phone number? >> Yeah, I have it. >> Have you Have you >> Do you What? >> You have the car? >> Yes, ma'am. I'm out with the car right now at Burger King. Okay. >> This still in Miami. >> You said Daytona Beach, >> just north of Daytona. >> Okay. >> Please leave your message for >> I just tried to call her phone. It just [ __ ] went to voicemail. But yeah, I have um >> Can you give me Z's phone number real quick? >> Yeah. 440. >> Uhhuh. >> Have you talked to Zale since the car got stolen? >> Yeah. She said she had no clue about cuz I caught her and she's like, "Please let me know when you find something." Now, if you look in the car and um my papers are in there of uh me on the car and her >> Okay. So, both of you are on the car. >> Yeah. You look at the um in the glove compartment, you'll see the papers right in there. Paper. >> Yeah. There was no papers in the um glove compartment. >> Was there anything in the trunk? >> In the trunk? I don't remember seeing papers in the trunk, but I'll double check. >> Okay. Yeah, all the papers and I even sent it to the police. They have all the papers. They have everything. >> No, I I'm just trying to figure out because the the female that we're out with is saying that Ze told her to drive to come down and drive the car back to Ohio. >> That's crazy. Yeah. Um that I had the car I had the car since November. I have to pay the car. No, every single month. I paid for the car. I paid her for the car. Everything. >> Okay. So, you I'm looking at the registration. I only see Zay's name on it. >> Yeah. And >> the picture >> and I have um she gave me the power of attorney of the car and everything. And I I have the picture. I can send it to you. >> So, she did give you the power of attorney for the car? >> Yeah. Yeah, I have a picture of it in my phone. And um the police have an >> Can you text it to this number I called you from? >> Yeah. Yeah. I might have to send it to you right now. >> Okay. >> Yeah. I I was so upset. I'm like, "Where is my car?" And I And I can even send you a text and she said she doesn't know where the car is. She's like, "Please let me know the car." >> Do you have those texts also between you and Zay that you can like screenshot and send to me? >> Yeah. I'm about to send it to you right now. And >> that's so crazy. Yeah. >> We're just trying to So I I'll fill you in real quick. Obviously, if we don't want to take an innocent person if they were told to come down and pick it up. We have We are investigating. They're showing us text messages between Zale and um them. But you know, obviously if Zay's involved and Zale could be prosecuted, but you know, we don't want to take an innocent person that literally. But we are investigating. I mean, no one's saying that they are going to jail or they aren't the the female that's in it, but we want to do our due diligence and not just, you know, arrest them. >> So, >> and I was I was on vacation and um that's I came back, my car is gone. I'm like, what the heck? Like, >> does Zay have another key fob for the car? Do you know? >> No, but I guess she has to if the girl has a car, but >> yeah, there is a key fob here in the car. That's crazy. And um I just sent you the text messages for me and her and I'm about to send you the power of attorney. The insurance is in my name. >> What does a power of attorney type thing say between you guys about the car? >> Like basically um she gave me power of like to make decisions for the car >> and it was like notorized everything like >> at like the BMV. Yeah. At the BMV office notorized everything. >> Okay. the it and everything. >> It has what now? I'm sorry. The last part broke out. >> Uh the police, they have you uploaded for evidence, >> right? No, I understand that. Okay. Um >> sending that to you. Did you get the first one? >> Yes. I got one text message. >> Okay. I'm sending you the power of attorney right now and my insurance on the car, like everything. I've had this car since uh November September. >> I'm on the phone with the one who reported it. >> Yes. She's sending. Okay. So, >> so you've had the car since November? >> Yes. Yes. And >> the one in Fort Lauderdale has had the car since November >> from Zay. Yes. >> She has a power of attorney agreement >> with Zale that she makes all the decisions for the car. She pays for the car. Car insurance is in her name. She has texts between her and Zale saying, "Did you take my car?" And Zay's like, "No, I didn't come take your car." Like I don't know who has your car. Like keep me updated >> if you find your car. Um and she's sending me the power. >> Oh, that's what you have the pink paper. >> Yeah, I got her. >> Yeah. >> Oh, we did find the power of attorney. >> Yes. >> And was that in the car? >> Yeah, it was in the car. >> We did find the power of attorney agreement in the car. >> So when did you report? >> And that was for Ohio DMV. You reported it stolen 2 days ago. You said you got home from vacation and it was gone. >> Yesterday I reported it stolen. I got home yesterday. You got home yesterday and it was stolen? >> Yes, it was stolen out in my parking lot. I was going crazy calling every toe company, everything. >> Okay. >> She had the only key fobs. Ay didn't even have a key fob, she said, for it. >> Yeah, I have. >> Are there any more text messages or was that the last one where it says, "Huh? Why would I do that? What you talking about?" >> Yeah. And I had called her. I was calling her then we talked on the phone. She's like, "No, I just got off work. I'm in Ohio. I would never do that. Like, >> can you What's the one above it where it's kind of cut off where it says just put it towards the principal? I just want to make sure we're good with everything and once the car is paid off, you're still going to switch the title over to me. >> Yes. That's a weird That's a >> Can you send me that full thing before? Because it kind of shows that she's trying to get her own car back instead of giving it to you, you know, after it's paid off. >> I'm about to send you the whole message. Yeah, because she said I missed a car note and I told her I didn't and she said they said that the repo and I sent her all the screenshots where I'mma send you where I paid I just paid $2,900 on April 18th. April 12th I paid $850. >> Okay. >> I'mma send you that, too. >> I don't even know how they have my address because I never gave her my address. >> Hey, I'm good. I'm good and okay. I didn't pay the March cuz I paid the 2500 in February. So, I thought that would cover the next payment. Just put it towards principal. I just want to make sure. >> Okay. >> Can I'm sending you the uh payments and everything. >> So, what brings you You guys both from Ohio. We both have Ohio. >> Yeah. >> So, what brings you guys? >> Um my friend, um she was I guess something about a car. This car belonged to somebody back in Ohio. I'm just here for the ride along. Um, a friend or a family member. >> Okay. >> And they wanted us to come back and retrieve it cuz whoever had it, we didn't want to give it back supposedly. So, we was just coming to get it back. We wouldn't We didn't even know she reported it stolen. She told us she wanted us to come get it. You know, >> I don't really know her name. I don't really know her name. You got to ask my friend. I'm with her. She wanted me to come with her. >> That's all. >> But as far as you know, it's the owner of the vehicle. >> Yeah. Yeah. It's like Zillia, I think, or something like that. Zill Zill Zillia. >> Zelia. >> Something like that. I'm not really sure. >> When did you guys get to Florida? >> Yesterday. >> Yesterday. >> Mhm. >> And you flew? >> Yeah. >> From Ohio? >> Yeah. >> And we were supposed to got it towed down, but I guess he couldn't do it until tomorrow, but we had to go back today. Yeah. I mean, >> what was the process like for you guys to get the vehicle? >> Huh? >> Where where did you get the vehicle from? Like, how did that How did that all go down? >> He told us where it was or she told him. He told us where it was in the parking lot. >> Her boyfriend. >> It's It's my friend's cousin. >> Yeah. >> It's her family members. It's my friend family. >> Right. >> So, Zelia's boyfriend, her family, friend, >> is the one that had the vehicle in Florida. And then you guys were sent by Za Zale to come to Florida to retrieve the vehicle. >> Yeah. Bring it back to Florida. >> Yeah, cuz she can't come down. >> Why can't she come down? >> She on probation. >> She's on probation. Okay. You know the boyfriend's name? >> No. >> Did you guys have any interaction with him whenever you guys got >> No, I don't know him. That's her family. >> No, I understand that. But did you see him or speak to him? I mean, so how did you guys get the car? You just found the car and drove away. >> She had the key. We got the key from her before we flew out here. And then when we got out here, >> went in the parking lot where she told us press the flirt, you know, ball pit. >> Okay. >> Hello, this is Sergeant Weaver. >> Hi, I'm calling because um I'm trying to figure out what's going on with my friends. They got pulled over in my car. >> Okay. Is this Z? I think >> Okay. Well, um, they were arrested. >> Okay. I learned that if they have my permission to be in the vehicle >> because you signed a power of attorney for that vehicle over to Mariah. >> I did not sign I called the DMV and asked about the paperwork because they flipped it out. She didn't turn into the BC. That's not even notorized. She the paperwork was only for her to be with stickers. >> Okay. How come in text messages? >> How come in text messages from Mariah to you, she asked you if you took her car or if you know where it is and you told her no. Why would I take your car? >> What I'm saying is what's going to happen now? Where's the vehicle? Cuz me and Mariah made a deal. She >> the vehicle's getting towed and it's >> she sent me screenshots of >> She sent me screenshots that she paid $2,400 for it in February and just paid again last month in April. >> She did it with a stolen credit card and it charged back. So now my account was right back at 2400. So >> did you report that? >> That's a problem right there. Nobody didn't report that cuz I'm not trying to get the police involved. So, I just sent my friends down there to go pick it up >> and then we were going to take care. I was I just don't want to pay the car and not have the car. >> The car is being turned over to Mariah cuz she has power of attorney paperwork signed by you saying that she has the car >> and it's not notorized though. We're trying to get that paperwork to be notorized and the it has to be notorized with both of us in front of the Okay. >> I don't have the paperwork there here with me. It got uh taken in evidence. You can't just send your friends down and do like a private repo kind of thing. It's not how the law works. >> And then and then when your friend And then when your friend asks you if you know who has her car, >> you lie to her and you say no. Then your friend reports it stolen to the police instead of you saying, "Yes, my friends have my car. I sent them down there to come pick it up and bring it back to me." >> Issue one, the stop gives officers reasonable suspicion to detain occupants. United States versus Hensley 469 US221, 1985. Permit stops based on reports of a completed crime. Issue two, the charge. Grand theft of a motor vehicle falls under Florida statute section 82.014, a thirdderee felony. It requires knowingly obtaining or using property of another with intent to deprive. The operative word is knowingly. [snorts] Travelers who honestly believe a document, a key, and the registered owner's instructions authorize a pickup may lack the required intent. Section 82.012 defines property of another broadly, covering any protected interest, even where the titled owner holds one two. Months of payments could support a competing claim. Issue three, probable cause. Illinois versus Gates 462 US 2131 1983 requires a totality of the circumstances analysis. Competing evidence does not erase probable cause, but it must be weighed. Beck versus Ohio 379US891 1964 demands articulable facts, not suspicion. Here, a power of attorney was recovered from the car and payment and text records were arriving during the investigation. Kingsland versus City of Miami 382 Federal Reporter 3rd 1220 11th Circuit 2004 bars officers from ignoring known facts that dispel probable cause. Arguable probable cause still earns qualified immunity, so civil exposure remains uncertain. Issue four, the power of attorney. Florida statute section 709.2105 requires signing before two witnesses with a notary acknowledgement. Whether this document met that standard is the hinge of the dispute. Issue five, repossession. Florida statute section 679.609 609 permits self-help repossession only without a breach of the peace and chapter 493 licenses recovery agents. Sending friends on a flight fits neither path. Issue six, the false report theory. Florida statute section 837.05 covers false information given to law enforcement. Zelia's denial went to Mariah, not police, so the statute fits poorly, though the concealment still contributed to the arrest. The marijuana is a separate matter. Under Florida statute section 893.13, possession of 20 grams or less is a misdemeanor and it has no bearing on ownership. >> I stole his puppy. >> Okay. So, how what's going on with my friends? When do they get bail? >> Um, when they get to the jail >> and how does that process work? Okay. So, would they have one today? >> Uh, they should have a bail. I'm not sure. >> They'll be at the Flaggler County Jail. >> Charged? Yes, they're both getting charged with stealing the vehicle. >> They didn't steal the vehicle. >> Okay. I just explained to you that uh you did not handle this properly. >> And through our through our investigation, we found that they did not have permission to take it. So, >> okay. You can clear me 89. >> Huh? >> So they get in touch with them on the phone, but basically they signed the car over to the jail. So why would you have us come all the way out here? We basically going to jail for the car and she ain't trying to take up for us or nothing. It was she was basically saying that it was because [ __ ] they see everything was adding up but they going by at the end of the day the law >> Sergeant Weaver earns a B+. He ran a multis source investigation called the reporting party and the registered owner and named the unlawful retrieval plainly. The deduction reflects a felony arrest despite substantial exculpatory evidence. Sapphire Craig earns a B+. She complied fully and had no independent knowledge of the dispute. So her exposure depends almost entirely on the charge against DRI. Desiree Dupri earns a B minus. Her no intent defense is legally coherent and her cooperation was appropriate. Points were lost for the marijuana and for traveling without independently verifying the ownership dispute. Zelia earns a D. She called the vehicle Mariah's car in writing, then sent people to retrieve it while telling no one. The financial dispute was real, but complexity does not excuse the plan. Lesson one. Retrieving a vehicle for someone else requires signed dated authorization covering everyone with an interest, not just the person who made the request. Lesson two, a power of attorney protects only when properly executed. In Florida, that means witnesses and a notary. An unexecuted document is paper, not protection. Lesson three, a financial dispute over a car belongs in the civil process or with a license recovery agent. Improvised retrieval by friends protects no one. Lesson four, concealment carries consequences. Allowing a theft report to proceed while knowing associates hold the car places other people directly in the path of an arrest. Lesson five, cooperation protects a defense. Producing documents, answering consistently, and avoiding resistance builds the factual record a defense attorney will need later. 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.