we can't find any record of you in the secretary of state system there's a problem okay we're gonna do one of two things one i'm gonna ask you for your name and date of birth again you're gonna give me the correct name and date of birth and i'm gonna find you if i can't find you you're gonna have to come with me at the station you are gonna be under arrest you are gonna get fingerprinted huh i've run every single possible name well there's there's plenty of reasons so i can ask my child support sheriff knows me i don't have a warrant on me i'm always in here this is the first time this ever happened i've never been involved never been arrested sheriff at the at the customer service knows me and and my little family did i come in here with so i mean i've never had this happen that's why i told him you have no identification on you i i just got out of the hospital a couple hours ago okay but you have no identification no i don't i i what were you in the hospital for a female okay just i'm not trying to get personal um give me a favor just have a seat for me i didn't really want to sit down i like i said i just don't know if she had a back going on just on the trust funds because unless you guys i mean i don't have he said i'm on camera so i have no reason what exactly happened what happened she was walking around the store with her family and grab bags on the cell phone concealed went to the customer service to pay for two gift cards and attempted to walk out okay did she pay for those gift cards she paid for the gift cards how did she pay i believe it was cash i can search it up i actually must i actually use my son's debit card your son's debit card yeah it still doesn't help me we're gonna try this one more time you have nothing on you with your name on it no i do not okay i just this is just feminine stuff in i use in the hospital i was in there for two days lipstick lip gloss oh this was even open so it's not there so so so okay listen how old are you i'm forty three years old okay so that's what i was telling him listen listen to what i listen what i'm gonna say to you right now okay i didn't start doing this job yesterday maybe this is your first time maybe it isn't through experience through experience twenty eight years of doing this it's typically not someone's first time especially when they don't have id we can't find any record of you in the secretary of state system there's a problem so here's here's here's what's gonna happen okay we're gonna do one of two things one i'm gonna ask you for your name and date of birth again you're gonna give me the correct name and date of birth and i'm gonna find you if i can't find you you're gonna have to come with me at the station you are gonna be under arrest you are gonna get fingerprinted the initial detention was lawful under 720 Illinois Compiled Statutes 5 (720 ILCS 5) Section 16A-5 the Merchant's Privilege Doctrine this statute authorizes a merchant or employee with reasonable grounds to believe a retail theft occurred to detain the suspect on premises for a reasonable time surveillance footage showing concealment of merchandise and passage past the last point of purchase satisfies that reasonable grounds threshold once police assumed custody the Fourth Amendment attached in full the officer's authority to demand identification derives from 7 25 Illinois Compiled Statutes 5 Section 107-14 that statute permits an officer with reasonable suspicion of a crime to demand the subject's name and address reasonable suspicion existed here loss prevention video corroborated the allegation i have no reason to lie sir i don't have anything i was with my sons like he said i use my you can actually ma'am you can drop a hundred names of people here that you hear all the time i'm not trying to give you a all story i i have a job to do and everything is on camera that's why i didn't even give him any any any house okay so is your married name wilson or your married name bilbro my married name is wilson it was bilbro he just asked me to give him was before then okay have you ever been arrested no i have never and we just moved from downstate illinois okay you've always lived in illinois uh before then i was when i was a baby in california okay did you ever have a state id or a driver's license in the state of illinois yeah which one that's what i was telling him i had an id and a driver's license okay have you ever had a driver's license or a state id from any other state no i have not okay give me a minute huh i've run every single possible name no absolutely yeah i just need an amount the last receipt i got on walmart was do we have an amount yet oh yeah one twenty two the officer ran multiple name combinations through the Illinois Secretary of state system none returned a confirmed match this is the legal pivot point of the entire encounter under 7 25 Illinois Compiled Statutes 5 Section 109-1 when an officer cannot identify an arrested person fingerprint processing at the station is the prescribed statutory remedy the officer was not exercising discretion he was following a mandatory procedural path without verified identity a misdemeanor citation cannot be lawfully issued the subject's purse search was conducted incident to a lawful arrest permissible under Chimel v. California (1969) documents found hospital paperwork a DHS contact number a public storage receipt in another person's name were consistent with the subject's explanations but consistency is not the same as verification if she's cash checks here wouldn't there be a record of it i mean it's like coming on so i'm trying to see if i didn't pay a card on i pay he paid cash i believe that that was he was just i didn't i didn't make the purchase that was just for a ball for my younger son i just have the receipt and he was like when's the last time you made a walmart purchase and that was the last time i so okay so here's here's our i need that receipt you want to cut her that's on you i can't identify her i have no idea who she is we've tried everything possible that's just not and i have no problem okay and yeah i mean you're gonna have to come some points okay yeah spell your name again miss i a n a l e not you a s h l e y c i s n e r o s cisneros i'll remember this one day i promise i said a lot of names in my head right now yeah all right all right doctor martinez can you please search i don't have anything can you see this okay yep yep i don't have anything i'll answer for you okay i see your pocket i know you don't have a pocket am i being arrested yes i'm sorry can i just pay for it if that's the case no i was in a i know i was i just got out of the hospital i was in a car with my son my ten year old that's what i was saying that's a full of a gift card give me your hands that's a full of a gift card okay well i'm just looking i mean i wouldn't lie to you sir but i'm just get out of the hospital and like i said you can ask sherry at the ma'am service she knows me i cannot identify you in any way shape or form i have tried running your name a million different ways nothing comes up with you that's what i'm saying i i i don't understand why and that's what i'm saying i'm not lying to you who's jen uh that's my uh sister so okay all i'm saying is her name her short is short for janice actually those are uh just uh am i gonna find anything in here with your actual name on it i don't have i just got out of the hospital without that medical card information that's all that is sir okay from the hs that was just information that you can contact to get your medical card that's all that's all i have no reason well here's the thing if i can identify you i don't gotta go through all this i have no reason to lie to you i'm giving you everything but you're giving me every reason to not believe you okay well search i'm telling you i have no reason to lie i've have i have no i've been combat with anyone i have no reason to lie only reason it's probably not coming up is because you tried to move from downstate here's the thing so there are plenty of reasons there are plenty of reasons she said that it's gonna be coming up just because if they if they i just wanna explain something to you so i showed him my i'm sorry i didn't cut you off i showed him my i want to tell him my walmart little tax exempt card is in there cause you know it's uh uh teach and so you can use the tax exempt in the green and you bring your actual letter in with your name on it and give you like a gray card and i laminated but you can see it's on there i have no reason to lie there are there are many reasons to lie well i'm trying to explain to you ma'am i can't even identify you how can i tell you if you have warrants or not when i don't even know who you are there's no way the state of illinois wouldn't have some some record of you that's a public storage receipt from my system she got a bunch of information about her sister well only reason only reason i got the information about my sister for the property storage receipts i paid yesterday for well she and the only reason those is actually just me calling dhs to get my medical information transferred while i was in the hospital and that's it okay so here's what's gonna happen you're gonna go to station we're gonna have to fingerprint you for identification once we can identify you once no no once we identify you if it's not if it's your first time being arrested you're gonna get a citation and scene and be released if you have priors if you have prior arrest it will be it how was your kid and who's he with he's he's with uh the other adult but that's what i'm saying who's the other adult my oldest son that's what i'm saying how old is your oldest son he's twenty six okay so that's what i'm saying well then they they are more than welcome to come on down to the police station we'll let him know where are they they're i think he went out that way and park because we parked over there so i think he went out of no inside pockets no nothing he got on no he has an all red jogging suit all right jogging suit and i can just let him know i can i see if they can you see if they have my phone cause i don't have my phone can i ask them if they got my phone we're gonna let them come down to the police station they can wait for you in the line i'll just tell them to go home and i'll just call them send this i got to wait for fingerprints and stuff to come back and i might take you don't have an id in the car with them do you i i told we just moved i don't have my i just had a i thought i did but i know that we just i just got out of the hospital a couple of hours ago so i can see if my ideas in the car okay is this mine yeah i can see okay um video yeah you're gonna bring it down yeah three of them okay it does show her going past the last point of purchase does she actually exit i just exit yeah please i if i didn't exit okay you stop is that it okay yes you're past the last point of purchase once you come through the first set of doors of the vast to be all i didn't know that the subject offered $100 cash to pay for the merchandise on the spot this reflects a critical misunderstanding of criminal law Retail Theft under 7 20 Illinois Compiled Statutes 5 section 16A-1 is a criminal offense not a civil debt post detention payment does not extinguish criminal liability and cannot substitute for lawful charge processing the officers continued questioning after handcuffing raises a procedural issue under Berkemer v. McCarty (1984) 1984 Miranda warnings are required before custodial interrogation once a custodial arrest begins continued questioning about identity may constitute interrogation under Miranda's scope no Miranda advisement was captured on camera this is a documented procedural gap on the question of whether a custodial arrest for a minor offense violates the Fourth Amendment the Supreme Court resolved this in Atwater versus City of Lago Vista (2001) the court held that a full custodial arrest for a fine only misdemeanor does not violate the Fourth Amendment when probable cause exists probable cause existed here the arrest was constitutionally valid use of handcuffs is evaluated under Graham v. Connor (1989) force must be judged by the standard of a reasonable officer on the scene not with the benefit of hindsight a non resistant female subject in a retail setting warrants only minimal restraint handcuffing at the lowest tier of the use of force continuum was proportionate the subject's wrist complaints were noted and not ignored under 720 Illinois Compiled Statutes 5 (720 ILCS 5) Section 16A-3 retail theft of merchandise not exceeding three hundred dollars is a Class a misdemeanor carrying up to one year in jail and a fine of up to twenty five hundred dollars at $122 and no confirmed prior record a first time offender would most likely face court supervision or a deferred prosecution agreement not incarceration okay um so i just can't sign the sign patient i received it no because i can't even identify you ma'am this is what i'm trying to tell you can you take a picture of me what's that gonna do for me i don't know who you are face recognition come on um you know what okay i'll give you a call let you know what's going on as soon as i get an answer this is gonna sound fast no no all right i will have no way to contact you thank you i'll contact you yes you will okay come on tony he's a cyberspace yeah i know that's we're not gonna have no can i um have can i can i ask him if he has my phone we're not even gonna talk with him since he doesn't want to talk with us this is the greatness you guys for all of this a hundred dollars i have a hundred dollars do you have my phone do you have my phone can you see if the mirror has my phone have a seat you if he does i need to know i don't have it okay you have to go to meet me at the go to the house and i'll call you when i get to the station have a seat can i call her when i get to the station yes hold this for me you guys i have my ten year old with me can we really not do this for this i promise can i just sit right for me please please please sir can i just pay for it i'll have my ten year old with me i don't wanna go ma'am i need you to sit back for me i'm back i'm back it's it's strangling me i'm back i'm trying not to i can't see too far back i don't want to crush my hands on this you have to put them tight cause my wrist are little but i'm saying i have my ten year old with me can i please just pay for this he's with your grown son i know he's twenty six years old i know but i still he has seizures now for the grades the responding officer receives a B the officer exhausted available identification options before defaulting to arrest confirmed child welfare prior to transport and applied restraints proportionately these are procedural strengths the deduction comes from a single but significant gap no Miranda advisement was delivered on camera before continued identity questioning in a custodial context that omission creates a suppression vulnerability any competent defense attorney will exploit the subject receives a C plus non resistant verbally cooperative and honest enough to acknowledge passing the exit threshold on camera that acknowledgement will carry weight in any subsequent proceeding however carrying zero verifiable identification in a state with a mandatory identification framework for criminal detention directly caused the escalation from citation to custodial arrest the repeated offers to pay reinforced the officer's suspicion rather than resolving it because they demonstrated a misunderstanding of how criminal law works not evidence of good faith compliance Walmart loss prevention receives a B minus the detention was lawful the surveillance was produced and the merchandise total was confirmed all procedurally correct under the merchant's privilege doctrine the deduction no itemized merchandise report was presented on camera in any prosecution the specific items allegedly concealed must be documented with unit prices and UPC data a verbal amount without documentation is a prosecutorial weakness before closing one practical takeaway from this encounter the arrest in this case was not caused by the retail theft allegation it was caused by the inability to confirm identity Illinois does not require civilians to carry identification at all times but in the context of a criminal detention the absence of verifiable ID converts a five minute citation into a custodial arrest and fingerprint processing any expired license a hospital wristband with a name a utility Bill anything bearing a legal name and matching the database would have resolved this encounter in under two minutes the law does not protect you from the consequences of a system that cannot verify who you are that burden falls entirely on the individual 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 and don't forget to subscribe to our channel for more content on police court interactions