I mean either go over there and then you guys can contact me so awesome okay this footage presents three intersecting legal questions that merit close examination each has direct implications for admissibility at trial and for department best practice where's the bathroom alright you find anything in there no I don't I don't know don't worry we're over there at Costco yeah I had to use the bathroom you had to use the bathroom yeah alright did you buy anything in there no I had a like 2 hours ago when I was in the bathroom you got you got ID with you no no oh we got him alright just relax for a second okay let me see your hands no I don't know just relax oh just relax buddy you're alright what is it England England yeah E N G L a N D yeah that's your first name yeah where's your ID at oh I lost my ID you lost it anything with your name on it look in your bag then yeah before I mean so I smoke all the f*ckin'home that's me my own why you got a bunch of Tide Pods here what he admitted it what do you think about throwing him in the car and just pulling up he already admitted it right I don't know I mean cause we don't have I mean now that we know that he did it yeah I mean we don't really need to show up I guess he was standing right there watching all you need is now is the sh*t to go with it to tie it together yeah rather than you have to like walk all the way down that's up to them we appreciate you come and clean with us that makes our job a little easier you want to send the car I'll get the AC going for you sit in the car figure out the AC we'll figure out if we can kick you loose maybe give you a ticket or are you from here yes alright have a seat we'll see what we can do okay you don't have any more things on you right alright you wanna sit down I'll crank the AC down a little bit for you sit we'll see what we can get you out of here alright sit I'll see what I can do for you okay let me turn the air up hey you got this hey man I think I think you really got this thing alright man I got family too you know what I'm saying time to sit by me well we're gonna have to drive take you over there cause these guys are slow as sh*t we want to get you out of here as fast as we can you know yes sir that's it there you go hey all right I'mma close this with AC pumps alright I mean either go over there under Terry versus Ohio 1968 a brief investigative detention is lawful when supported by reasonable articulable suspicion here dispatch relayed a specific description from a loss prevention witness who had maintained continuous visual contact from the point of concealment that is reasonable suspicion in its strongest form the initial approach itself framed as casual questioning in a public place qualifies as a consensual encounter under Florida versus Bostic 1991 no suspicion was required at that stage the transition from consensual encounter to Terry level detention occurred lawfully the search of the backpack is more delicate under Schneckloth versus Bustamante 1973 consent must be voluntary based on the totality of the circumstances the officers phrasing quote look in your bag then close quote is a directive rather than a request on this record the subject reached into the bag himself which supports voluntariness however prosecutors would prefer an explicit exchange best practice ask quote may I look in your bag close quote and confirm the subject understands he may refuse police then speak with the store security staff can I emailed um inventory auditor to take it out of the system so don't we'll have our TV they can just don't do that whatever uh Ralph do you have ID with you yeah user how far did he walk down he was at the overpass and he was so nervous well he's on something yeah he was on something he went to the liquor store with a dollar yeah trying to buy something trying to buy something uh what's a good phone number for you all right can you raise your right hand for me please yes sir swear everything you say is the truth all the truth and the truth yes sir just tell me what you saw okay I'm walking back from the front door and I just happened to see a gentleman with a backpack put in contents I didn't know what contents at the time they were into a backpack put the box behind another box and he took off in my cold foot okay I didn't know it was tied at the pot time until I walked back and saw the time to give to the manager okay and then did you point him out to him or you just gave him a description I gave him a description on my phone I had his number so I called him said flip this is a gentleman just saw this this and this camouflage pants dark skinned man OK that's it alright then I saw him in down the other aisle yeah because Justin yeah Justin told me to follow him because I had the eye I had to put it down if I had the eyes on him I was supposed to stay with him yeah and then you watched him yep I got him all the way till he exited follow him throughout I gave a dispatch play that play until he exited my manager David did you ever approach him or you just get the visual I just get him back and I gave you play that play once he leaves uh unless the front of the store uh all of our staff is you know given definitive instructions to just stay back call you guys if necessary alright and then you watched him all the way until I saw him right there on the bridge yep I followed him at a good distance uh when he left the store he actually went into our liquor store asked the cashier for something took $1 but then once he was denied whatever that was I followed him until he got north of the Boulevard and then you guys can contact me the Miranda question is the most consequential under burkimer versus Mccarty 1984 a Terry stop on a public sidewalk is not custody because a reasonable person understands the detention will be brief the subject's inculpatory admission occurred before he was placed in the patrol vehicle with no weapons drawn no handcuffs and no physical restraint on these facts the admission is likely admissible without Miranda once the subject was seated in the patrol car however custody attached the officers correctly declined further substantive questioning at that point a clear recorded Miranda warning at the transition would eliminate any suppression argument entirely the applicable charge is retail theft under Florida Statute Section 8 12.015 together with petit theft under Section 8 12.014 subsection 3 with merchandise valued under $100 the offence is a misdemeanor of the second degree punishable by up to 60 days in county jail a notice to appear under Florida Rule of Criminal Procedure 3.125 was a proportionate disposition option available on these facts yeah he confessed everything post Brandon so it's fine I'll uh I'll just send you an email for the video what's the so what we found is easier because the only computer in the building that can do that is this one but I've got the camera system here so best thing is would be for me to what I'll do is I'll put it on a thumb drive with a paper with a case number and your name on it or even if it's assigned to a detective with their name on it and then they can come in and anybody supervisor knows and I'll let them know there's a flash drive for Officer Luciano it's in my box okay this will probably be easier for you than me trying to all right I'll just uh give you my card just send shoot me an email whenever it's ready I'll come pick it up at some point I'll be here in the next couple of days so we both on video I'll tell you um because the concealment was happening down an aisle we don't have any eyes down there what we will have is him walking in with a backpack which is what I'm trying to find at the moment yeah uh and then him essentially walking throughout the store and then leaving and stealing one of our property unfortunately we won't have that's alright you witnessed it yeah and we have a full confession so awesome okay the officers received a B+ for professional restraint sound theory analysis and considered discretion marked down for imprecise consent phrasing and no recorded Miranda warning at the custody transition the subject receives a C for cooperation without invocation of any Fifth Amendment Protection Costco Loss Prevention receives an a minus for text P4 for textbook observation and merchant officer coordination with one aisle camera coverage gap noted three lessons emerge from this encounter first phrase every consent request as an explicit question not a directive and make refusal a live option second deliver Miranda warnings on the record the moment custody attaches even when no further questioning is intended third if you are ever the subject of a police encounter the right to remain silent and the right to counsel exist to be invoked calmly and clearly 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 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