oh my god alright I'm going live yeah for sure this is gonna be epic oh boy oh my I'm Officer Cruz with the Austin Police Department I'm conducting an official criminal investigation concerning fraud any false statements about material matters given by a witness under the oath will be we'll consult penalty you I'm sorry that's the wrong one it's a yes or no sir having these rights in mind do you wish to talk to us now what up man yeah if you stop is that a yes OK on July 23rd, 2025 Tallahassee Police arrested a Chuck E Cheese employee for credit card fraud this analysis focuses on the legal issues the footage presents hey bro what's up hey are y'all busy uh no we just cleared some guy with a 2 by 4 at the gas station okay was that a report or no no okay um I would appreciate your assistance I have a pretty legitimate fraud call over here at the Chuck E Cheese um a guy stole a credit card uh from the complainant and then has been using it at different places and the complainant tracked it down to him she has a video of him using it at a meat market um and she's like I know that's my card cause it's a distinct card and she's here outside the Chuck E Cheese and she says he's inside right now oh really okay and how did she know it's him uh she found she went to the meat market uh where she was seeing charges and uh went to the timestamp from the charge and the meat market let her look at the video and she's like wait a second that guy's an employee at the Chuck E Cheese that I just had my daughter's birthday party at oh really uh huh that's interesting okay let's think this through so we got how many charges are we talking um at least two or three screenshots worth of charges over a course of a couple days oh so multiple charges yeah okay so we have felony on the number just not uh if not the amount um okay okay yeah yeah he's in route um just trying to think how to handle this when were the charges made I um within the last month I know that for sure I I haven't worked out the details with her yet on on the exact dates when it started and when it ended okay yeah we're coming we're almost there in fact so we'll try to get the details okay what about if three cops go on the front door he might try I doubt it that's what I'm saying so our strategy is to get him just to go to the back just in case I think I think that's a good idea when we get to that point I don't think he's gonna make sure you get everything and you're confident and can you let him see the video cause he's gonna be the one writing the report today so or arrest or whatever so in the video we both go ahead the card is distinct it's got a it's gray and it's got multicolored where you can see you can see would you stop I'm trying to tell him something important you can see half the card and it's gray with a a circle right in the middle of it with the circle I would say we're searching him yet so OK yeah well don't we have to question him first but we can always ask him Samuel sure OK I'll be there or we gotta know who he is do you have an ID you know yeah okay oh my god alright I'm going live yeah for sure this is gonna be epic oh boy oh my management who's in the mouse seat we don't know the name we don't know the name thank you sir yes we are do it I want you to go around and ask go around you want me to you want me to come in front of your kids OK ma'am who's in the mouse suit was it the gentleman that was just up there OK Chucky's a little bit busy ma'am Chucky come with me Chucky come on come with Chucky Chucky stop resisting stop resisting you're being detained stop resisting let it let it go let it go do not cause a scene here sir I got I got one come on come on this way sir okay we're gonna talk to you in a minute okay we're gonna do our job ma'am it's not my call ma'am i'mma talk to you in a minute let you know what's going on okay alright that's fine I got you I'm working entertaining kids from living I got you buddy come over here f*ck you all you got you got anything on you just come poke me stick me stab me you got anything on you i'mma pat you down OK what's that what's in your pocket just your wallet and stuff does this come off man is it is it is it just come off the top it won't hurt I won't hurt you I'm just doing my job I got you what the f*ck is this about well we're gonna talk we're gonna talk to you in a second um how does this come off man is it just like a normal alright can I get that I gotta take this back this is my work stuff okay we'll take care of that in a minute we'll do it put him in the car and read it alright come on what is going on man alright just hold on right here you know anything it's gonna poke me or stick me right no sir don't worry about you don't worry about reaching or anything okay where the uh you got pants on underneath this I gotta take all this stuff off man I gotta get a drink what is going on just pat him down OK I don't feel any weapons so any weapons knives I don't carry weapons alright have a seat in here sir i'mma read you something OK what is going on I'm about to explain that to you right after I read you this OK I don't know what y'all talking about or what's going on Alrighty sir The Fourth Amendment requires that warrantless felony arrests be supported by probable cause evaluated under the totality of the circumstances standard from Illinois versus Gates here officers possessed victim identification and corroborating surveillance video documenting a pattern of unauthorized transactions under Florida Statute Section 9 0 1.15 this authorized arrest without a warrant the pat down that followed falls squarely within United States versus Robinson decided in 1973 a full search of an arresty incident to a lawful custodial arrest requires no additional justification that search recovered the victim's credit card from the suspect's left front pocket becoming the central evidence in the case I'm Officer Cruz with the Austin Police Department I'm conducting an official criminal investigation concerning fraud any false statements about material matters given by a witness under the oath will be we'll consult penalty you I'm sorry that's the wrong one alright you have the right to remain silent anything you say can and will be used against you in the court of law you have the right to talk to a do you understand each of these rights as I've explained them to you yeah I understand but what is going on I don't know anything have you previously requested any law enforcement officer to allow you to speak to an attorney I haven't I don't know anything about the none of this having these rights in mind do you wish to talk to us now what is going on do having these rights in mind do you want us to talk to you do you wish to talk to us about what's going on I just need I just want to know what's going on I have to get back to work so sir having these rights in mind do you wish to talk to us now why are y'all even harassing me and I didn't even do anything I'm here working do I sir I need you to answer the questions before I talk to you having these rights in mind do you wish to talk to us now I I why would I talk to y'all of and I don't know what's going on it's a yes or no sir having these rights in mind do you wish to talk to us now what up man yeah if you stop is that a yes OK the most significant procedural concerns arise during Miranda advisement Officer Cruz first read a witness admission a document intended for cooperating fact witnesses not for a suspect in custody he then identified himself as being with the Austin Police Department when he is in fact employed by Tallahassee neither error standing alone would suppress the arrest but both suggest a card or template that warrants departmental review under Miranda versus Arizona decided in 1966 a suspect in custody must be advised of the right to silence the consequences of speaking and the right to counsel before interrogation begins the recording suggests the right to counsel portion was interrupted before completion further Burgess versus Tompkins decided in 2010 permits waiver to be inferred from a suspect's conduct but it requires the prosecution to demonstrate the waiver was knowing intelligent and voluntary when the officer characterized an ambiguous response as an affirmative that characterization does not by itself satisfy the berguis standard on use of force alright so we are investigating some some fraud stuff with the credit card did you uh have you been using anyone else's credit card anywhere no sir have you been have you been shopping lately with a credit card no sir only card I use is my own cash app that's it so you don't use a credit card anywhere no sir okay um you've you've never obtained a credit card from Here Found one lost or whatever else and used it anywhere else so there wouldn't be any video of you anywhere shopping with a credit card like at the meat market at the meat market that doesn't belong to you I don't know anything about a meat market you don't shop at the meat market you have you so you haven't gone anywhere and used a credit card to shop anywhere in the past week no okay um push him push him on the location okay well yeah what about alright well I'll tell you what I don't know anything about I was I was gonna look at the video for myself I don't remember the names of the places I don't even know anything about none of these okay as far as I know so we got cause I cannot afford to lose this job this is all I know in law I got you have you ever been to a place called 7:20 7 twenty o in Tallahassee 7 20 orange Avenue the meat Market the Meat Market or Harry's Meat Market the one that you're on film stealing what about Cloud Smoke Shop you ever been there OK the one you're also on film stealing what about the Water Burger you go to the Water Burger and get some food with a credit card OK only neighborhood meat market you went there multiple times I use my own card and I don't use other people stuff for nothing okay at the meat market you use your own card my own card that's it so you do you do go to the meat market then I go there but I don't use nobody car but my own when's the last time you went there the meat market a few days ago few days ago okay and you used your own card there yes my own nobody else's is that the app thing you were talking about your apple pay thing they take Cash App they take Cash App there okay what about the time savers too Cash App Cash App so you've been there recently about two weeks ago okay what about what about Tony Mark now I haven't been there recently I haven't been to Tony Mark okay time savers again so you you go to these places and use your cash app on your phone to pay for stuff never with a card okay so if we got video of you using a card I use my own card no one else's well you said it's a phone right it's a I I have that card but it's not with me today you have the card but it's not what what card do you have on you today I don't got no card on me what boss card that's it that's it okay and a pack of cigarettes that's it okay so you're so you're denying all all claims of of going over to these places and using a someone else's credit card I don't use nobody call up on my own okay you know how much meat you bought or about how much stuff you spent in the past few weeks on your your your Apple Card or your Cash App card or whatever card you had not too sure not too sure cause I'm no ballpark working OK no ballpark figure what are you what were you buying from like the the 4 twenty the smoke shops just cigarettes or cigarettes I just cigarettes OK what about the other shops what were you buying from there don't know don't remember don't remember okay so just just meat and cigarettes if you want to show them a video show them a video I mean I don't know nothing about all this stuff I don't use no car but my own car I don't know nothing about this other shit I can't does that look like you something you wear no sir I don't wear no stuff like that you don't wear anything like that that's not you that's not you hey look at me it's gonna be in your best interest to tell the truth okay don't don't pretend like that's not you in the picture alright you know it's you just start telling us the truth I don't wanna go to jail today I mean if you're lying to us you're only gonna make things worse on yourself buddy cause all that's gonna go in the report and all the judge is gonna see all that shit I'm not trying to go to jail today I I understand that but we gotta investigate what happened here so if you wanna I mean if you wanna let us know what's going on that would help everyone here including yourself um it's the video can you hold his head please what this is name and information alright you got your do you have your ID card on you in your in your pockets you don't have your ID card on you we're gonna we're gonna find out if you got it on you so if you're if you're lying to me it's not gonna go well man what's your name hold on a minute officer can I go inside and get my ID sir you can have a seat you can't go inside that's just tell us where your ID card is I don't have it at all today okay what's your what's your first name my first name is Jermaine spell it for me J E R m a I N J E R m E L L yes what's your middle name alright well have a have a seat in there I'm gonna check something go ahead and put go ahead and spin around put your leg on the feet slide off you can slide the feet off here yeah let me take these off he wants to the manager wants to uniform so let's try and take that figure that out here give me his info alright well what's his name Jermell Jermell J E R m E L L can y'all copy so I can take this off hold on a second J I'm sorry J E R m E L O yes sir alright 7:04 for you to ask for the burger and everything alright I'll go get more of the shoes and everything okay yeah we'll get them for you we'll take care of that I'm not trying to go to jail today we understand that I don't wanna go to jail today we don't wanna come here and have to take you to jail sir I don't wanna go to jail alright you stand up is there a belt on those pants I gotta take you gotta uncuff yourself I can take all this stuff off no no we're gonna take it off for you is there a belt on your pants I gotta take this stuff off to get to my regular shit I don't think you're understanding hold on alright I want to talk to you all too but so real quick are you gonna talk to me OK you gotta touch us up there it's gonna come off of here we'll we'll work on this and get it to you as soon as we can okay Zay call Joe I'm not trying to lose this job something I don't even know shit about if we take these cuffs on are we gonna have to get in a fight no sir I'm gonna cooperate all right good I'll go cooperate like a regular person thank you all I do is do this 9 to 5 every day that's it I go to work come home that's it huh on use of force Graham versus Conner decided in 1989 requires reasonableness judged from the officer's perspective at the scene the physical control applied here remained proportionate the repeated stop resisting commands however must be weighed against the mechanical restrictions of the mascot costume itself Officer Cruz receives a C plus sound enforcement instincts but Miranda mechanics require refresher training Jermaine Jones receives a d plus his physical cooperation prevented escalation but engaging with officers after advisement rather than invoking silence transformed a marginal case into a strong one for the prosecution The Tallahassee Police Department receives a B minus for competent investigation and transparent release of footage offset by systemic Miranda card issues three lessons emerge for law enforcement audit Miranda cards and rehearse the full advisement until the council warning is never interrupted for any suspect in custody after Miranda is read the only strategically sound response is invocation of silence and council regardless of guilt or innocence for departments procedural mechanics deserve the same training investment as tactical response let us know in the comments what interaction you would like us to analyze next thank you for watching and don't forget to subscribe