Did you say you took some items today? You did, okay. Do you have the rings on you? Yeah. Okay. Hi Chase. I just wanted to let you know I'm going to be a little late today, okay? Okay, I love you. Love you. Okay. Sharifa, can you come here for a minute? >> [music] >> Excuse me, is there something in here to see? Hey Sharifa. Hi. Can you come talk to us real quick? Excuse me. Uh cuz we have you on camera possibly taking some items today. What? Yeah. >> Just come come right over here. >> Come over here talk to us. We'll try to straighten all this out, all right? Wait. Come here. What happened? You know what happened, Sharifa. All right, listen. You have a right to remain silent, okay? >> What happened? I mean we'll explain everything. Let's go out there. We'll talk right here. No, I want to go out there. You have a right to remain You have a right to remain silent, okay? Anything you say can be used against you in a court of law. Okay, you have a right to an attorney. If you cannot afford one, one will be provided for you, okay? Do you understand? Yeah. All right, so we went to a store Uh-huh. that provided us with footage and evidence that you committed a shoplifting of the uh of some rings today. Some rings. I think about nine rings. We have clear footage of you taking off a display case of rings. I guess they're just put into the display case, took the case off. You walk around. You looks like you may you may have concealed it into the potentially this white bag you had in there. So, we have probable cause to stop you and uh check your items to see >> please not do this in this store? Can we just go outside right here? What is I don't know We we don't we don't know where this leads to. Where does this lead to? Just outside the back door. It just leads us outside? What is it a hallway? Yeah. Okay. All right, we're going to be I'm going to be honest with you. Straight up, my name is Officer Kelly. It's going to be helpful if you're just honest with us, all right? Did you take these items today? >> Yeah. You did? Okay. Do you have them on you still? Do you have the rings on you? Yeah. Okay. Can you show me the rings? We we we got to take them back to the store. Yeah. You got to return the merchandise to the store, and then we'll explain everything else that goes on from there, okay? What happens? What happens? Where where are the rings currently? In your bag, right? Like what happened? Well, let's just answer the questions. What did you say? Did you Did you show my coworkers anything? >> No, we didn't. We literally just asked if you worked here. That's it. We have We have no We We're not going to involve your employment, anything like that. We're here to investigate a crime that occurred at another store, okay? We have clear footage of you in the store taking these items, okay? There's cameras everywhere. There's the We see you picking them up and taking them and placing them in a bag, okay? And then you don't proceed to pay for them. You proceed to walk out, and then we were tracking down where you Where do you get these cameras? There's cameras all throughout the mall. You admitted You just admitted to me that you do have the items. Can you Can you show us the items? Provide us the items. All right, come on. Let us help you. No, I can I can give it to you myself. >> Okay, just I can give it to you myself. We we still got to help you out a little bit, all right? Let's Why? Officer Don, I can do it myself. Well, we also got to check and make You Listen, listen, listen. You're You're the suspect of an investigation right now. You do have to listen to what we're telling you, okay? I don't want to make it more difficult than it has to be. Have you been working for this store for a while, or are you just recently employed here? Recently. Just recently employed here? Okay. Have you worked in any other stores in the mall? Yeah. Okay. What other stores have you worked in? Lord & Taylor. Lord & Taylor, all right. All right. So, did you happen to shop with anything else today? No. You're being honest with me? I had these with the tag on it. No, I just went to try that on with some sneakers today. I'm sorry, what? I just went to try that on. With some sneakers today cuz I was going to a concert, so I just went to try that on. So, where is the tag? Is that Golden Goose? I just don't know what Golden Goose store Golden Goose, yeah, it's a shoe store. Yeah. Yeah. In here? Yep. Yeah, actually I didn't know. Yeah. And then these are just All right, so listen. I'm going to be kind to you. I'm going to be polite to you. I'm going to treat you with respect. You be as as as honest as you are to me, the better it works out for you, all right? >> Mhm. You're caught in the commission of one crime today. We have the We have proof that you shoplifted from the jewelry store. You took a box of rings, so we have that. If there's any other items you took, it'd be helpful if you're honest to me cuz we're just going to we're going to find out, okay? Do you have your ID, ma'am? Yeah. Okay, can you provide that to me? >> These are just gifts I got today. So, I got like the oil, whatever. Can I Can I have your ID, ma'am? Do you have a receipt for the Golden Goose? How did you get those jeans? >> are old. I just brought them into work today this morning and I just went to try sneakers on. Do you want to see? I went to try sneakers on. But Well, my question is why does it still have a tag on? Because I haven't worn them yet. So, I went to the store today to try these sneakers on. I know it looks good, okay. All right, can I Can I have your ID, ma'am? Yeah. All right, thank you. I don't know if I can get any radio signal back here. What else do you have in there? These are just gifts from my coworkers. From Mother's Day. Bravo 7, to dispatch. One myself and Bravo 5, we were following up at Tempur-Pedic with uh the possible individual for the theft. People know. No, I have to take them back to the store. 3307 and 5 for temperature. Okay, copy. I got we got a female stopped here. I got a New Jersey driver's license. If you can run it all around. 330 female stopped over at the office. On May 11th, 2024 officers of the Millburn Police Department arrested a mall employee for retail theft at a jewelry store. This analysis focuses on three core legal issues, Miranda timing and the custody threshold, post Miranda waiver validity and the scope of a search incident to arrest in a jewelry theft context. We don't know where we're going. Listen, it's past that point and I'm sorry. You you committed a crime today. You messed up. It's not the end of the world. Have you ever been caught for shoplifting before? Uh many years ago. >> Many years ago? Do you have any active warrants or anything like that? >> No. And then you're sure? Yeah. Okay. So listen, what we're going to do is take everything off like this. Yeah, 10-4. I got five of you. We're in the back of Tempur-Pedic in the kind of the hallway area. We should be all right back here for now. And we'll keep the bag. Mhm. Uh obviously you're not going to keep the rings. I'll take the rings back. So that door is locked so you're going to take me? I don't want to go through my job, please. I'm asking you. Um no. Where do you So let's put your hands behind your back. Yeah. Take your rings off. Your rings. Did they already request a hooker for the FBI or not yet? Just listen, we got to I'm not going to go anywhere. You're two men right here. Listen. Okay. So are you wearing are you wearing any of the jewelry that you took today? Yeah. That ring? I have pictures of the rings. I just want to make sure. No, I don't have >> That's not that's not a ring from there? No. Okay. >> All right, so take everything off. This little pouch right here. I need to get your phone. All your personal property that is yours you will get back 100%. That that that's the we we just we hold on to it until we get to police headquarters. All right? And uh watch the uh Can I just call my son, please? He's at home and I just want to call him to let him know or call an adult to >> We'll let you we'll let you >> What time do you get off work? Hm? What time do you get off work? Yeah. 6. 6? Yeah. Okay, is he expecting you home? Yeah. Okay, but you you Hm? How old is he? >> 9. He's 9? Is there someone Just tell him he's going to be an hour late. Okay. Is someone someone currently watching him? Hm? Someone's currently watching him? Was, but it's uh You get this. Okay. You give me how many rings from this? Yeah, there is approximately nine. I have pictures of them as well. I I just want to take Let me Let me see the rings actually. >> [music] >> 10, yeah. There was two combos, double set. Yeah, so I actually looked at these rings two times. Yeah, double set. All right. So, I'm going to try to get this back to you. All right. I don't want to go back to the Cheesecake Look, listen. You're past that point. They They know something went on today. >> Yes, but can we just go You can walk me through there. You don't have to publicize it >> where are we going? I'm off my job. I'm off the clock. Okay, where where do you Where Where does this corridor lead us to? We're not familiar with it. Just go outside. The elevator is outside to where? Cheesecake Factory. Like Where Where are we parked? What part of the CPK? So, we need to be in the second floor. We're not going downstairs. I have to be handcuffed? Yes. We're We're playing nice with you. We're being right respectful. >> I'm just I'm I understand that. We're We're trying to give you some grace and some dignity of maybe not walking through your your employment. I'm off the job. I understand that. Do you have Do you have any property in there still? Do you have anything going on? Nothing? >> have anything. I was leaving. >> We need to stay in the second floor. If we take this hallway down, is there a way we can come out? Is there anything aware of? Is there any entry hallway back into the mall? There's an entry There's an exit right when you go downstairs. And then you can You can have him watch me, and I'm If we go downstairs, we're going to parade you around the mall. >> right there. But I'm just saying >> Well, we're parked upstairs. So, we're saying Listen. >> California Pizza Kitchen. Yes. So, there's two methods. We walk right back through here, right outside. You're going to be handcuffed once we start walking. Or we walk all the way downstairs, all the way up, all the way back over with your handcuffs. Which one? >> That's fine. I'd rather go downstairs. Please, I'm asking you. I just don't want this to >> [snorts] >> interfere Well, that's kind of a decision you have to make before I know. committing this crime. And then We They don't know We We're not going to explain anything to them cuz we We're just We're not here for that. Will they ask you about it on Monday when the police work here and talk to you? So, this is what we're going to do. We're going to walk you out of the store without handcuffs. Right outside [snorts] the store, we're going to make a right out of the view, you're going to be handcuffed. Can Can I just not deal with the store anymore? I'm off the clock. I'm not working here. So, we're just going to walk through. Well, this Listen, this is this is Or we can You can have him supervise me. I'm not running anywhere. I'm not doing anything. That's what That's not what we do. We're >> [laughter] >> I know the mall. I've been working at this mall for years. I'm just saying there's a Cheesecake Factory right there, and then I can I don't mind walking around the mall. I don't mind. Yeah, but we don't We don't We Once you're in police custody, we're talking to you. We're doing our investigation. Once you're in police custody, we are going with the handcuffs on you cuz you're going to be asked You're going to be arrested for the shoplifting at the jewelry store. And we were Once we're walking through the mall with you, you're going to have handcuffs on behind your back, and you're going to appear that you're arrested cuz you are arrested. So, I just We're just going to let you wear that. How does this whole thing like happen? Like do you get out today? Yeah, you're going to be out in an hour like I said. Yeah, it's it's it's >> got to get moving and like I said, we're giving you a lot of leeway here. >> A lot of leeway and a lot of courtesy. >> But we got to we got to do what we got to do and it's we don't we don't walk hallways. All right, so we got to go through there. So we're going to walk through there? You So there's an exit right here, too. Where does that lead us to? It's right in front of um Marc Jacobs, right by the store. Right by the store, it's like a hallway exit? Yeah, there's an exit in the mall. Okay. All right, give me your cell phone. Just take this off your hand. Can I just call my son? I'm sorry. We'll let you You just called Who did you just No, I didn't talk to him cuz I didn't want him to hear you guys. Okay. So I hung up. Listen, we usually just arrest people and go. Like you're getting a lot of play here. We've been here for 20 minutes. Okay, so >> The sooner we go, the sooner you'll be home. You You're Let's get you down to police headquarters. As soon as we get there, I'll make I'll let you make a call. I'll let I'll let Sure, that's fine. Is he And while you do that, I'm going to walk down to that light in the middle of the If I don't find an exit Yeah, the exit is right here. This is where we're going. Okay, make a left right here. I'll let you talk to your son. I won't be in the background, okay? Hi Jace. I just wanted to let you know I'm going to be a little late today, okay? Okay, I love you. Love you. Okay. Does someone need to blow bail me out? No, so listen. If the If you don't have any active warrants, if you don't have anything >> Did you check for me? For all this We're We're going to do all that and I'm going to tell you everything as it go along. I'm going to be honest with you. I'm going to tell you the whole process and the procedure. We're going to check your criminal history. >> is the felony? No, for 2,000 Yeah, I think it's >> 2,000? I I'm not sure the number. We got to we have to do talk with the store. We're good? Okay. Uh let me have your cell phone. 2,000? 2,000 what? You said $2,000. With the merchandise. But potentially, I don't We We got to find all that. Turn around and put your hands behind your back, okay? Put them. Can I do it in the front or no? No, no, no. Yeah, this is this is how we do it. Okay. Can I like put it right back? No. Sorry, ma'am. This is what happens. Both hands behind your back, please. >> I'm not trying to be difficult. I know. I know. You're You're not, but just We We can't give everyone every option they want. It's not how it works. You committed a crime. We're being kind and polite to you. We're trying to Can you take those off for me? Yeah, I'm the bracelet guy. Can these come off, these bracelets, easily? Um they're mine. Do you need to take them off? >> They're mine. Listen. I don't want to be mean. You I'm I know, but you think it's a two-way street. It's not. You got about seven. I can't take them off. Like this is what we have to do. I'm not being an [ __ ] right now. >> you think I would leave them on? You would leave them Take them off, please. Does someone have to bail me out? Not at the moment. How do These aren't for Yeah, just take them off. Take them all off, please. Take them all off, please. Does someone have to bail me out? No, you don't have to bail. Huh? It's a simple shoplifting. You have anything in your pockets? No. Wait, is this like Do you have anything to do that? No. What is that in your hand? I'm getting my weapon. I don't care. >> a weapon. We just We check them out. What do you mean you check them out? What Do you have anything in your hand or not? No, I don't have anything in my pocket. Please. Ma'am, give that. >> [clears throat] >> We just take all your things in your pockets out of your pockets. It's basically a magnet. I'll I'll get it. You're not going to hurt me. Don't hurt me. >> We understand that, but this is just the This is the procedure. If we thought that with every person, then we sometimes we would get hurt. >> a ring? No, it's a for my key ring. Okay. Listen, you you said one item you're pulling out dirty. Well, what's going on here? This is for my job. You're going to keep this, right? Yes. Be honest, what is that item? That's for my job. No. I don't have any. All right, so I'll take this bag after we put her in the car. Okay. Within 45 seconds of initial contact, before any formal arrest declaration, Officer Kelly administered Miranda warnings. Miranda versus Arizona, 1966, requires those warnings before custodial interrogation, not after a formal arrest. The critical question is when custody attached. The controlling test comes from Berkemer versus McCarty, 1984, whether a reasonable person in the subject's position would feel free to terminate the encounter and leave. That test does not depend on handcuffs or a verbal declaration. At the moment of contact, two uniformed officers had entered the subject's workplace, confronted her with surveillance evidence, and began physically directing her movement toward a back corridor. A reasonable person in that position would not have felt free to leave. Most courts would find that custody attached at or near the point of initial contact, well before handcuffs were applied. At 13:35, Officer Kelly's decision to Mirandize immediately was legally prudent. It forecloses any suppression argument tied to statements made in those first minutes, and demonstrates a correct understanding of when the Fifth Amendment protection is triggered. After receiving Miranda warnings and acknowledging them, the subject confirmed she had the rings, admitted to taking them, and offered shifting explanations for other items in her bag. She never invoked her right to silence. She never requested an attorney. Under Rhode Island versus Innis 1980, interrogation includes any words or actions officers know are reasonably likely to elicit an incriminating response. Officer Kelly's direct question, "Did you take these items today?" satisfies that definition without ambiguity. His follow-up, "Do you have the rings on you still?" compounds it. Both questions were asked post-Miranda, and both generated direct admissions. The admissibility of those admissions turns on Berghuis versus Thompkins 2010. The Supreme Court held that a valid post-Miranda waiver does not require any written or explicit declaration. Where a subject receives Miranda warnings, acknowledges them, and then voluntarily continues to speak without invoking silence or requesting counsel, that conduct constitutes an implicit, but legally sufficient waiver. The standard requires only that the waiver be voluntary, knowing, and intelligent. The subject here met all three elements. She was advised of her rights in clear language, she indicated understanding, and she made a deliberate choice to engage. Her admissions are almost certainly admissible. The decision to keep speaking was the single most consequential legal choice she made during this encounter. Moving to the search, officers conducted a systematic inspection of the subject's bags, pockets, and worn jewelry, including a specific request to remove her bracelets. The subject objected, asserting the bracelets were personal property. That objection carries no legal weight in this context. Chimel versus California 1969 authorizes a search incident to lawful arrest of the person of the arrestee and the area within her immediate control. The dual purposes are officer safety and preservation of evidence, not recovery of stolen property alone. The scope is defined by those purposes, not by whether individual items belong to the subject. In a jewelry theft case, those purposes apply directly to worn items. The subject was arrested for concealing stolen rings in a bag. The same logic that authorizes searching the bag authorizes inspecting rings and bracelets on her person. A suspect who has concealed one set of items could equally conceal additional stolen merchandise on her wrists or fingers. Officers were not only legally authorized, but tactically obligated to verify no stolen merchandise remained concealed on her person before transport. The subject's argument that personally owned jewelry is categorically exempt finds no support in Chimel or its progeny. The search was within lawful scope at every step. On probable cause, the evidentiary foundation here was solid before officers made contact. Store surveillance footage captured the subject removing a ring display case, concealing it, and exiting without payment. That footage satisfies the totality of circumstances standard for probable cause under Illinois versus Gates 1983. Officers then confirmed the subject's identity through a co-worker inside her place of employment before approaching her, a step that reduces wrongful detention risk and strengthens the probable cause record against future suppression challenges. On the charge itself, New Jersey statute section 2 C:20-11 defines shoplifting as purposely taking retail merchandise without paying full retail value. With merchandise estimated at $2,000, the offense elevates to a third-degree crime carrying 3 to 5 years in state prison and a fine of up to $15,000. New Jersey's pre-trial intervention program may be available for a near first-time offender. However, the subject disclosed a prior shoplifting history during transport without being asked to disclosure, that may reduce PTI eligibility. And that reflects a broader pattern running through this encounter of voluntarily providing information that only strengthens the prosecution's position. Can I just take a seat here? Yeah, as we walk. It's going to happen in 5 minutes. It's going to be much easier once we get the ball rolling. You don't want to be with us all night. You want to be able to go home. You want to go home with your son. So, let's get let's go back to the police headquarters. Did they say if I have a warrant? Cuz the other day I got parking tickets in front of my house. >> I don't know any of that back here yet. Well, I'll tell you all of them when we get to the headquarters. Is it far? About 5 10 minutes away. Okay. Um let me ask a question. I got parking tickets cuz I didn't park You were supposed to alternate parking. >> this up, we're about to walk around. And I have not paid the tickets. >> Okay. Well, we'll we'll we'll find out. >> a warrant? Yeah, yeah. I don't know yet. I don't know. It could It could be We're going We're going to check, but I don't have the radio signal back here. So, my partner's on the cell phone. So. I don't I didn't hear everything that's going through. So, I'll let you know everything as I know, okay? >> But it's something where I can come out tonight. For parking tickets, yeah. Parking tickets, you're not going to get lodged in county jail. Okay. >> Yeah, yeah. If If you If you If you have If you have a parking warrant, no. And And this too, for what we have We know what's going on. We're still doing investigation. We're still trying to figure out everything. We know you did one theft. >> to the store? No, we're not going to take you to the store. Do you have to put my hands behind Yes, we do, ma'am. We don't put anyone in handcuffs and let them walk on their own. This is Everything we do is standard procedure for every single person we interact with. Okay. We don't make up new ways of doing it. And everything is recorded on camera. Yeah, so. We are you You said it's called by CPK. Yeah, California Pizza Kitchen right up there. By the way, these are the rings you need Take one and put it somewhere. You're going to be searched by a female when you get to the headquarters. If you do conceal any other merchandise, it could be it could potentially be another charge. Okay, we're just we're asking and leave honesty helps. Okay, come on. I'm sorry. No, you don't you don't go to the store. You come right outside with us and you go into the police car, okay? You're going to be with me the whole time. My name is Officer Kelly. We're going to headquarters. We are going to figure out everything that's going on. What do you Take your right off? Oh my god, this is so embarrassing. Well, ma'am, I'm sorry you did to yourself. Is that Is that magnetic here? Will you pass to us? I understand. All right. Just look look down. We'll walk you right through. Come on. Let's go. It's going to be It's going to be okay. Okay. Let's make it quick. We we you're really close to the exit. We'll walk quick. Walk with your head down. People won't even know who you are. You'll be out of here in no no time, all right? There's There's thousands of people in this mall. They're not going No one's going to know who you are or if you have any friends or associates here. Just walk walk quick. Ma'am. Nope, let's go. We'll make a scene and we'll we'll we'll walk out here a little more loudly if you don't want to walk when we ask you to. All right. >> Just watch slowly. When you get hit the door. All right. Slowly. We're going to the first police car, okay? We're going in the first car. So, not this one, the one right up here. It does get processed and then released. You got to get processed. Like I Like I said, I'm sorry. What's your name, Shereece? Shereece Shereece. We're going to explain everything as it goes. The more The more time we have to stop and try to ask questions, the slower it's going to be, all right? We're not going to keep any secrets from you. I'm going to tell you everything that's going on, all right? All right, just hang tight. It's a little uncomfortable, but it That's what happens. So, it's You just hooked the quick left right there. She's literally like right across from it. Um yeah, it's uh m e r u j or something. It's a new jewelry store. Yeah, but it's should be the nine rings. I'll Let's just confirm it. Two wishbones. So, be that and that, maybe. It's with of And that. I don't know. They'll be able to tell. Well, how many are there total? There's uh Sasha counted was 1 2 3 4 5 6 7 8 9. And there's 10, so maybe they'll add a new one. Yeah, maybe they'll add one. Give her one more. Oh, she's going You're going backwards then. So, maybe they'll print me out one. All right, maybe I'll just double check with them. I'll bring You want to bring You want to bring Okay. Maybe Whatever. Yeah. Yeah. All right. All right, then. Bravo 70 dispatch, I'm going to have one female under arrest starting mile. She's going to be 52470.8. All right, transfer 1825. Can you hear me? Yes, I can. Okay, so you know how I told you I had parking tickets? Yep. I didn't pay for them. Yes. So, to tell I find out if you have warrants cuz they don't know cuz I can't run you right now while I'm in the police car. I'll find out when I get to headquarters. I'll let you know. So, you think you do have something? Yeah, what what's Okay. Okay. And he told me that I had like a ticket for >> Okay. What town was that out of? Near Brunswick? I'm parked illegally. So, I was in front of my house, but I have to alternate parking for the sweepers. Yeah, yeah. And I didn't pay the ticket. Okay. I just forgot. It wasn't Yeah, no, listen. I I I have zero interest or care about the parking tickets or potential warrants, but we do have to check for them. And if you do have one, we may have to call that town and see what they want to do about it. But I that that's that's as far like that's what will happen. Right now we're here. We're uh you're under arrest by the Millburn Police Department for shoplifting at the jewelry store. Um It's shoplifting. Yeah, it's not the end of the world. It it Well, I got to find out all the information. I don't want to tell you the wrong stuff. I don't want to tell you it's this or that until I have all the information gathered. I want to know the the dollar amount, like how much it was. Uh I want to know there's there's multiple factors and I'll tell you. And what we do is we bring you down to police headquarters. We fingerprint you, we photograph you, we type up some charges that are the charges appropriate to what you did today, and we'll explain everything to you, and you'll get most likely within an hour or two be released with a court date. That's that's how that's usually how it goes. No, it's not a with what we got going on with the Millburn Police Department today, it's not a bail thing. It's it's you get released with a court date. But if you had some other things going on, some other I don't know. I never know with any any person. So, once I figure everything out, Just a picture. It was just a it was just an image of you on a camera. We didn't say anything else, and then she said your name and we just walked and talked to you. We didn't go back and explain anything to them, say anything to them. So, it's that's to be determined with you and your employer. If you discuss it, if you don't. You don't have to legally discuss anything either. We I'm not here to give you legal advice. I'm sorry, what was that? No, you don't we don't I don't go back and tell your job anything. No, we I I treat everyone the same. I treat everyone with kindness and respect. I just ask the same from you as well. You know, no one wants to You made a mistake today. I'm not here to judge you or say anything about it, but I have to do my job. Uh you took some items from the store. You're not allowed to do that by law. So, we have to go settle the situation. >> I'm sorry, what was that? Take you back to the mall? No, we don't take you back to the mall. You'll have to get like I understand. It's just we don't we you're arrested you're under police custody now. Once we release you, that's it. We release you and you're not under our custody. We don't do anything else. To who? No, you you were being disrespectful. You just had questions and concerns and rightfully so, you're getting arrested by the police. So, I don't blame you for your questions, but you just at a certain point we are going to continue with what we're going to do, whether you're comfortable with it or not or whether you want to be arrested or not. That's just how it works. So, it's just an hour then I'll be done? No, it could be a little bit longer. It all depends. It all It's all based off of um if you have if you have traffic warrants cuz we got to contact them. We got to contact whatever police department that you're with. You reside in New Brunswick? Yeah. Okay. You said so you said I thought you said 1 hour to 2 hours. It all depends. It's It's not going to It's Well, if you need to call someone to watch your son, we'll allow you to call anyone you need. Well, we it's just I don't want to give you a time limit. If if If all of a sudden we do a bunch of paperwork and the town that you have a traffic warrant out in doesn't call us back for a half hour or 40 minutes, sometimes things like that happen cuz they're busy cuz their police department is busy with certain crimes or that's why and Z. There's There's many different factors. Or if our town gets real busy, we have a car traffic accident here. Like there's too many different factors that could make you being released a little bit slower. No, you're just going to be sitting in the in the back of headquarters and you'll sit on the bench. And but you are handcuffed and one of your hands to the bench. This is all standard procedure. We do it every single person. I know you're not you're you're nice and respectful. I don't think you're going to do anything, but we have to treat each and every person exactly the same. Whether you do a smaller crime like this or whether you do a bigger crime. Today is it possible to be out there at midnight? You're asking? Uh honestly anything is possible, uh but 6:30 right now. Idealistically, I like to say goodbye to you as soon as possible. As long but I got to do my paperwork, my police uh stuff first and find out if you have any warrants or anything like that. I No offense to you. It's just I want to tell you what you did, tell you your court date, give you your charges, give you the make get the reports done and say see you later. I I don't I The quicker I'm done with you, the quicker I don't have to do active work, so I don't want to no offense be I didn't dragging it out longer than it has to be. I try to make it as quick as possible as well. Bravo 7 transport is going to be complete. Can you hit the roll up? Ending mileage is going to be 52475.9. Can you see my bag? All right, sit back. I'm going to unbuckle you. All right, watch your step coming out. Will you let me use my phone? No, you you don't get to use it while you're uh Is that your hair tie? Yeah. I'll I'll just put away your stuff. Walk back here. No, you unfortunately you don't get to use your phone when you're in police custody. Would you like to make a call if you need to make a call? Mhm. Uh come over here. Face the wall. I'm going to take one handcuff off you and then you're going to take a seat on the bench, okay? Right here? Yep. Okay, so you won't let me make a call? What do you need to make calls right now? Like I just want to get care for my son. Okay. Yeah, we can do that. Take a seat. It's over here, so make yourself comfortable on the bench. Are you going to be the one with me? Yeah, I'm going to be back and forth. So, if you need anything, just give us a little wave as the camera's right there, but I'm going to be in the other room for half hour, 20 minutes. If you need to use the restroom, we can have a female come back here. They do an They do an additional search, check you, and then if you need to use the restroom, they'll take you back to, okay? Um You have You put my phone in your pocket? Yes, I have all your belongings. So, we're going to put all your belongings >> Can I just You don't mind if I just contact my son one more time? When you When you When you're in here, you're going to contact your son via I have your ID and I have all your other bags and your stuff, too. Uh when you contact your son, you have to contact them uh on this phone number, though. On this phone. It's a command in Milpitas. Do you have someone to go over watch him for I'd say at least be comfortable at least two, two and a half hours. Okay. Um I know the number. You mind writing it down for me? You want You want to get it on the cell phone? Mhm. Okay. You can take a look in the cell phone, but you have to pass it back. Mhm. You are an adult. You're not uh you don't need to tell anyone what's going on. You can tell people what's going on, so it's completely up to you. So. Um 201 Okay. And then cell phone number 201 How many numbers do you need? This is the last one. I just need options for my son. Sorry. Okay. Is he home alone right now? Yeah. All right. Officer Kelly receives a grade of B plus. Miranda was administered correctly and early before interrogation began and before formal arrest. The search of the subject's person and belongings stayed within the lawful scope established by Chimel. Communication throughout the 46-minute encounter was legally accurate, transparent, and professionally consistent. Officer Kelly explained the charges, the booking process, and the likely outcome without making false promises or using deceptive tactics. His extended assistance with the subject's child care emergency, including multiple phone attempts, coaching through contact options, and coordination from the holding area, significantly exceeded what policy requires and reflects genuine procedural professionalism. Minor deductions apply on two points. First, initial contact inside the subject's workplace created an avoidable logistical complication that a brief repositioning to a semi-private mall area would have prevented. Second, the extended exit route negotiation, running approximately 8 minutes, is non-standard. Industry protocol routes arrestees via the shortest available path, regardless of subject preference. Allowing the subject to negotiate route timing and dignity accommodations prolonged the encounter beyond operational necessity and introduced ambiguity around control of the situation. Okay. Which one you want to try first? You use the one on the top of the list. You want to go down top of the list? Write son out. Let me type. Write son in the first one. Okay. Write Melly on the second one. Melly? Yeah. Kira on the Kira? Kira. And Lisa. All right, so which one do you want to do first? Should we do son, Meli >> My my son. You want to call him? Yeah. Okay, does he have someone to contact to watch him? Yeah. Okay. So I want to get this done quickly cuz I there's a lot more stuff we have to >> I would be able to call him. You are. I'm not going to speak with him. I'm going to pass you the phone. The phone's attached over here. It's like the old school ways. So uh I'm just going to dial it then I'm going to give you the phone. But I I want you to be able to handle the situation and get someone to watch your son. So therefore we can take care of your situation so you get home to him as quick as possible. If I have to sit back here and call 20 different numbers, that's going to take a little bit. But I do want your son to get um someone to watch him. He's going to answer. Will he answer if you call from this cell phone? Yeah, he won't answer cuz he knows the number. >> Okay, does he my my question is who's he going to call? Is he Is he able to call someone to get over to someone to watch him right away? Yeah, he he can call my friends. Okay. You can call I'll let you call from there then. Just call directly him? Yeah. Tell him that. And then uh >> [snorts] >> Man, I need you to call call Auntie call or text Auntie and tell her that I have an emergency and if she can pick you up. Because I have an emergency and I'm not sure how long I'll be here. Say car trouble. I have car trouble. And And that number I just called your phone just rang. I know you don't know the number, but whenever your phone rings just answer it. It may be Mommy, okay? All right. Text Auntie Hera, not not Millie. Text Auntie Hera and tell her I have an emergency. Okay? Okay. All right. I love you. Okay? Okay, bye. All right, no problem. We'll be able to touch base and see if anything changes as time goes on eventually. Something's over there. The subject receives a grade of C+. She was non-violent and ultimately compliant, genuine positives that prevented any use of force issue from arising and that reflect a baseline of cooperation. However, from a legal strategy standpoint, her decisions during this encounter compounded rather than mitigated her exposure at nearly every turn. She waived her Fifth Amendment protections entirely by continuing to speak after Miranda making direct admissions to possession and taking that corroborate physical evidence already strong enough to sustain the charge independently. She failed to invoke her right to silence at any point. She failed to request an attorney at any point despite facing a third-degree criminal charge carrying potential prison exposure. Both invocations are available immediately upon Miranda advisement, cost nothing, and require no justification. Either invocation would have required officers to cease questioning and would have preserved those protections for any subsequent formal interview. She made neither. Additionally, she voluntarily disclosed a prior shoplifting history and a potential outstanding warrant during transport without being asked both legally unwise and both illustrating the same pattern speaking when silence was the correct legal response. Her strongest decision was physical compliance. By not physically resisting the handcuffing or transport, she eliminated any use of force escalation risk entirely. Under Graham versus Connor 1989, the reasonableness of any force applied is judged against the totality of circumstances at the moment of the decision. Her compliance ensured that standard never became relevant to this encounter. The extended exit route negotiation, while understandable from a personal standpoint, was counterproductive. Legally, it prolonged the encounter in a public space and increased the professional exposure she was actively trying to minimize. This encounter was not improvised. The lessons it produces are precise. For anyone placed under investigation, Miranda is not a formality. It is a functional legal shield. Invoking the right to silence immediately and explicitly costs nothing and forfeits nothing that an attorney cannot recover at a later stage. Requesting an attorney stops questioning immediately and requires no explanation. Once either protection is lowered by voluntary speech, courts will not restore it. Berghuis versus Tompkins makes clear that a defendant who receives a valid Miranda advisement and then chooses to speak has made a legally binding waiver regardless of the social pressure or emotional distress experienced in that moment. For law enforcement, early Miranda identity confirmed before contact, probable cause documented before approach, and a search limited to time and scope. These are not merely ethical requirements. They are the practical tools that make an arrest legally durable and suppression-resistant from the first 60 seconds of contact. This case illustrates that the evidentiary foundation of an arrest is built or destroyed in those first moments, before handcuffs, before transport, before paperwork. The decisions made at initial contact determine everything that follows in court. 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.