[music] >> For what? What? You got away with that before? So you figured why not? >> If you got prior convictions for that stuff, like three of them, that's automatic felony. So, if you have if you keep shoplifting and doing this stuff, they'll take consider it. >> How is today? I know I have a 10-month-old at home. >> On September 22nd, 2023, Palm Beach Gardens Police responded to a retail theft call at a local Costco in Florida. What appears to be a routine shoplifting arrest carries significant legal implications under Florida's habitual offender statute implications the subject may not have fully understood. >> We have um her leaving the um store with the property in her possession, yeah. >> Okay. >> So, the charges of the shoplifting, if you decide you want to go with it, we can we can as well. >> Okay. >> No problem. Put it down. Put it down. Put everything down for me. Put it down. Hands behind your back. You're being detained right now, okay? Can you turn around and stand with your hands right here? >> Mhm. >> What was that one again? >> Yeah, but I want to see what you put in your pocket. >> All right, so you got my uh camera rolling now, so I Put your hands on me. >> Yes, sir. I think you're about to tell me something that's not >> Yes, sir. All right, so >> All right, so uh this uh young lady we've been uh following her since a few days ago where we've got her um on two different shoplifting charges, misdemeanor value of 147 for both bottles. >> Okay. >> I I witnessed her coming in. I I thought it was I was saying subject, turns out it was. >> Yeah. >> Uh I tracked her throughout the store at the same time my manager was as well. Uh my manager saw concealment on the camera live which she concealed the bottle that my manager has now inside of her bag. When I got that information I came around to make sure that she was in there and then once she exited our liquor store I made contact with her with my manager, explained to her the situation what was going on and that you guys were around. Uh and allowed her to make a decision uh for this particular charge and whether or not she wanted to give us the property or have you guys um take care of it. She proceeded to give us the property and so heading to her vehicle that's when you guys came on scene and uh made the apprehension when she was within her vehicle. >> Okay, so your manager saw everything. You didn't see the whole thing. >> Yes. I yeah, she she got it he got everything and I've I've got her coming from there around when she was at the liquor store. >> on camera or you were you were in person? >> It's on camera and and then I got her before she had a chance to do anything with the bag. Uh when she exited the liquor store that's when I made the initial contact. >> Gotcha. Okay. All right, so what time would you say this happened? >> Uh probably 10 minutes ago. 6:45. >> 6:45. All right, 10 minutes ago you were your manager told you that a person that the the person that came out >> Yeah, no no no I recognized her. >> her. >> I recognized her from on camera and having several photos, booking photos and stuff of her from past incidents. >> So you saw her when she walked in? >> Yes. >> All right, you saw her when she walked in you noticed her from two cases incidents or whatever happened and >> Sunday and Tuesday I believe. >> Okay. And at that time you were like okay, I'm going to follow this person around just to make sure she's not concealing anything which she did you saw her in person then >> See her with the uh >> Saw her in person, yep. I was looking at her from the uh membership desk area through the fence. I made sure that I had constant observation but my manager he saw it live on camera saw the um uh saw the concealment inside her bag. >> Okay. >> So as soon as I realized it was concealment seen then I came across the corner and made contact with her at the vehicle. >> I think she had to store, right? Okay. And you uh confronted her by hey, you know I saw what happened. You got the opportunity to give it back to us or is that please hand it over? >> Yep. So I said yeah, you have the opportunity to give it back to us if you want to try to avoid this charge, but we have you concealing on the last two charges and whatever you like to do. I said we'd like to come to our office with the manager. She goes I'd rather not. I said okay, no problem. If anything on you cut me anything like that, drugs, needles, knives, nothing, razor blades, nothing? All right, you have the right to remain silent and not answer any questions. Any statement you may make must be freely and voluntarily given or allowed. You understand these rights as I've read them to you. >> Under Florida statute section 812.015, a merchant or their agent may detain a suspected shoplifter when reasonable grounds exist to believe retail theft has occurred. Loss prevention satisfied this standard. The manager observed concealment live via camera and the LP officer maintained continuous surveillance meeting the uninterrupted observation requirement central to Florida's merchants privilege doctrine. The detention and handoff to law enforcement were legally sound. However, the officer's Miranda advisement introduced a critical procedural vulnerability. Miranda versus Arizona, decided by the Supreme Court in 1966, requires four specific advisements before custodial interrogation may proceed. The right to remain silent, that statements may be used in court, the right to an attorney, and the right to appointed counsel if indigent. The warning delivered here appears to cover only the right to silence and the voluntary nature of statements. The right to counsel advisement was not clearly articulated on camera. Under the standard established in Missouri versus Siebert, an incomplete Miranda warning can render subsequent statements suppressible. The prosecution bears the burden of proving full compliance, a burden this footage may not support. >> So, why? Why? You got away with it before. So, you figure why not? Huh? >> I've never done it before. >> That's all right. Don't say that. That ain't true. Cuz they How do you think they knew you did it? >> No, no, I'm saying like times like that, these times. >> What is it? >> At these times, I've never stolen before here. >> You've stolen from here before. They have you on video before. >> I'm saying not other than like the other >> Okay. Other times? >> Yeah. >> Yeah. Yeah. Well, why? Did you make decent money there? I mean, it's a bottle of liquor. So, you've been charged shoplifting before? >> Uh yeah, it was a while ago. >> How many times? >> Um a few. >> A few? Have you been convicted of them? >> Uh yeah. It was like 2015. Uh 2017. Um and then I I I got caught, so. >> So, more than three? >> Uh I'm not sure. >> Okay. >> Yeah. I'm the small one, so. >> All right, then. >> Put your stuff up. All right. So, my name is Chris. I'm loss prevention here at Costco. Uh I've been loss prevention here at Costco as well. from the position of Costco. Uh you're going to be trespassed from this building today. About trespassed for life. I'm telling you you're never going to be allowed at Costco ever again. If you step foot in here again, re-trespassed from the building again. I don't know what the laws are in your state. What do you want? To have you do some community service or going to do the something. Do you understand? >> I do. >> Any questions? >> No, sir. >> Does she have a membership here? >> Yeah, uh I thought we pulled one up for you. I wasn't sure if it was you or not. >> Yeah. >> It is. It's her. >> that and then you're going to get charged, too. >> Okay. >> What's your name? >> Angela. >> Angela, what's going on? What happened? >> Um I don't know. I just >> Got it. All right. the advisement, the subject made extensive voluntary statements, including acknowledgement of prior theft convictions in approximately 2015 and 2017 and admission to taking merchandise on multiple prior occasions. These admissions are legally significant. Under Florida statute section 812.0114 subsection 3C, any person previously convicted two or more times of theft commits a felony of the third degree upon a subsequent conviction regardless of the value of the property involved. A $60 bottle of Hennessy charged as a second degree misdemeanor in isolation becomes a third degree felony carrying up to 5 years in prison once the prior conviction threshold is established. The subject also made an inculpatory statement regarding intent directly addressing the mens rea element of Florida's theft statute under section 812.014 the state must prove the defendant knowingly obtained property with intent to deprive. That burden was effectively met by the subject's own words. A limited field search was conducted incident to arrest. The officer checked pockets and verbally inquired about the bra area without conducting a full search. This restraint was consistent with the decision to issue a notice to appear rather than transport the subject to a detention facility. Under Florida statute section 901.27 officers may issue a notice to appear in lieu of physical arrest for misdemeanor offenses. This discretionary tool was appropriately applied here. >> What's the problem? So you're stealing for somebody else, huh? Well, you're going to get hit with a charge on that. >> Oh, no. >> What's that? >> Yeah, it's um my daughter's my newborn. >> Okay, and the other one? >> It's not I it's not active. Yeah. >> How old is it? >> That's mine. >> How old is your daughter? >> I have a 2-month a 2-year-old and a 10-month-old. >> 2-year-old and a 10-month-old. And how long have you been using? >> Yeah. >> Okay. What were you on before? >> Um I was doing um Roxies. >> Okay. Yeah. >> I got hurt in a car accident and then I got prescribed them and then >> I think it got out of hand. >> of got out of hand. >> And how long ago was that though? >> Oh, that was like I have 4 years now, so >> Oh, still on the 20s? Like at 19? That must have been hard to get those things. >> Yeah, it was and they were like $30 a pill. >> Yeah, that's expensive as [ __ ] >> Yeah, so >> You never go you never switch to heroin like everybody else? >> No, god no. I never done fentanyl. I've never done >> That's That's what everybody went to after after that. The doctors got shut down and all that [ __ ] So everybody went to >> got really bad so I went to treatment and then yeah, I don't know. >> What did you get What did you hurt? You said you got hurt in the pharmacy you said? >> Uh yeah, I just I hurt my back. It wasn't you know it it just >> Yeah, I always get hurt in the >> Exactly. >> Yeah. >> This is also what I'm going to do because we have the two other bottles that we had you taken in the past. Right here on your receipt for you. >> We're going to ask you to pay now. >> Okay. That's fine. I'm going to walk downtown. >> Would you like to pay for those bottles that you took in the past? >> Well, not this one cuz we got it back but the two bottles that you took in >> Yeah, actually my dad literally shops in here. I'm not even kidding. We come like once a week. Um I'll just Well, I'll just have him go to the office and he'll pay. >> Well, then that has to happen today or at least tomorrow. Can it be then? >> Yeah, I I can tomorrow. Yeah, I know exactly where I I want to make a phone call. >> That's okay. So, I have that receipt in your file. So, when your dad comes in >> Okay. >> when you see him I'm going to call him and you can speak to loss prevention and then we'll take it from there. Okay? >> Okay. >> Huh? I didn't call yet, sorry. I'll wait. If you got prior convictions for that stuff like the three of them automatically So, if you have you keep shoplifting and doing this stuff they consider it a felony at that point in between three. So, we can check and see if you've been convicted three times and Yeah, so this one is considered a felony. So, you're going to get a citation today. >> Oh, today? What do you So, okay. Oh, so you're saying not petty theft you're talking about? >> No, not no. Petty >> Oh, okay. >> So, you get petty theft warnings and then you get a felony and then you go to jail. Now, next time you do it you will go downtown. There you go. >> I know I have a 10-month-old at home. >> Yeah? So, yeah but but where's the 10-month-old right now? Where's the 10-month-old right now? >> With her dad. Yeah. >> Okay. Yeah, you got bigger bigger [ __ ] to deal with than dealing with a $60 bottle of Hennessy. >> I don't know. My dad's a pilot for Delta. It's like like I don't even know what I just like I don't know. I need to go to back to a meeting, I swear. >> Stop. Stop. Stop. >> I just been doing You know what it is? It's like I have it like since I was little, but it's like it's the deep thinkers. >> Yeah. >> You know what I mean? Like it's just like it's the absolute deep thinkers out there. I'll come I'm going to come tomorrow. >> I'll tell you what. I'm going to sit here right here cuz I don't want you standing out here in handcuffs with people looking at you and stuff. I'm going to sit you >> What? >> It's okay. >> This one? >> All right. I'm just going to put her in the back cuz she's going to stand out there. Sit her in. >> I'm sorry. I appreciate it. And these aren't comfy at all back here, are they? >> No. What is she on? >> The officer also correctly identified and communicated the felony enhancement threshold to the subject. A legally accurate advisement that reflects working knowledge of Florida statute section 812.014. The loss prevention officer further initiated the civil demand process permitted under Florida statute section 772.171, which allows merchants to seek restitution independent of criminal proceedings. Any admissions made by the subject during this civil restitution discussion were not segregated from the criminal investigation context. Defense counsel would likely challenge the admissibility of those statements as obtained without clear delineation between civil and criminal inquiry. The officer receives a B+. The encounter was handled with professionalism, sound discretionary judgment, and genuine community oriented engagement. The sole deduction stems from the incomplete Miranda advisement, which creates measurable downstream risk for the prosecution. Loss prevention receives an A- minus. Surveillance was continuous. The handoff to law enforcement was procedurally correct, and the briefing was accurate and detailed. The only deduction reflects the brief gap in custody when the subject was permitted to proceed toward her vehicle before apprehension. The subject receives a C+. Full physical compliance and genuine accountability are noted. However, the decision to speak extensively without invoking the Fifth Amendment right to silence after receiving any form of Miranda advisement significantly worsened her legal exposure on both the instant charge and the felony enhancement. The takeaway from this encounter is clear. Miranda is not a formality. An incomplete advisement does not neutralize a suspect's Fifth Amendment protections. It creates grounds for suppression that defense counsel will exploit. Officers must deliver all four Miranda prongs precisely and on camera, and must affirmatively cease questioning if the advisement is incomplete. For subjects, the lesson is equally direct. The right to remain silent is the most powerful tool available at the moment of arrest. Voluntary statements made after any Miranda advisement, complete or not, are presumptively admissible and can transform a misdemeanor into a felony. Silence is not guilt, it is strategy. 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