Let them out. I got three females in the car. I think they're all involved. >> Three females in the car. Oh, you found it. Okay. >> Where are you all coming from? Huh? What? What? No, okay, quit. I said step out of the car, didn't I? All right, step out of the car. Hey, quit moving around back there. Give me another unit here. I've got a bunch of stolen TJ Maxx stuff in the back. >> On May 7th, 2025, a Volusia County Sheriff's Deputy observed a rental car weaving erratically on Interstate 95. The vehicle immediately veered off the road when the Deputy moved in behind it. Three female occupants were inside. Visible in plain view piles of TJ Maxx merchandise and a separate collection of ripped off store security tags. What began as a traffic observation quickly became a suspected organized retail theft operation. The initial stop is grounded in Terry versus Ohio, 1968. That case permits a stop based on reasonable articulable suspicion, not probable cause. Erratic lane changes on a highway satisfy that threshold without question. Once the Deputy was lawfully positioned at the vehicle, the merchandise became subject to the plain view doctrine. Coolidge versus New Hampshire, 1971, holds that evidence observed from a lawful position may be seized without a warrant. Intact retail tags and separately discarded ripped off tags are not ambiguous evidence. They are the hallmark of organized shoplifting. That plain view observation, combined with the erratic driving, established probable cause for a full vehicle search. The automobile exception, Carroll versus United States, 1925 authorizes a warrantless vehicle search where probable cause exists. No warrant was required. The exception applies because vehicles are mobile and evidence can be removed before a warrant is obtained. >> This is not even from there, so I don't know what >> Yeah, just give me a code three back up for the closest for now. Passenger, keep your hands on the dash for me. You keep your hands on that in front of you. Keep your hands up there in front of you, I said. >> She didn't even go in the store. So, yeah. >> I don't care who. 10-9? Negative, I've got the driver secure and the other two are compliant. Keep your hands on the dash. Not you. Without moving your hands, where's your ID in the car? >> I don't have one. >> Huh? >> I don't have one. >> You don't have one? The rental car it's showing. Is the rental car in your name? >> No, sir. >> Whose name? Ma'am, keep your hands on the dash. Put your hands up in front of you, I said. I don't care who she's calling. You understand? Don't drop your hands. >> Just hold it right there for me. Keep your hands on the dash. >> To the car, wait, can I leave? >> Huh? What? >> To the car, wait, can I lean up a little bit? I'm not going to do anything, so >> Yep, I just need to keep an eye on them from where you're at. I'm assuming she Where's my next unit at? Done. >> I'm on 825, passing through the old there. >> Northbound, so so far. >> I'm on the South of the Outlet. >> Quickly north of the outlet is about 0.5. >> There are three of them. >> Three males, >> Sir, >> Uh I don't know if this is the right one. >> 7 >> They have three out of the outlet. >> Okay. >> Go ahead. >> Hey, where do you suppose the subjects went? >> I've got three in the car. I've got driver's gear, still two in the car. Driver is is a pink shirt and pink shorts. And back passenger is a pink tank top. Like a pink sports bra kind of and uh multi-colored leggings. >> That's 3 at 19. Give advice so far. >> of the outlet for a mile and a half. They're out with something. Do not be one of them. >> I don't believe they're out with one of the same. They're This one This one is going to be south of them about a mile and a half. >> Never would have guessed >> Huh? >> I know, I said I would have guessed. >> 51553 14 500 check >> I've got hands up on both of the passengers. >> Get them out now? >> Um What? >> Get them out now? >> I would if you want to get one of them out, you can. I just didn't want to I just got a driver out, she's in cuffs right now. So, whichever one you want and then the other one, keep your hands on them. Cuff her up. They match the description, so Keep your hands up. Here, just put her right here and get the other one out and cuff her up. Cuz the other one keeps getting on the phone. Yeah, tell him to hang that phone up. Well, we're about to find out, all right? Um yeah, if you want. Did you check pockets or whatever when you walk them out? Stand by for me. We'll just need to do a show up whenever they get that over there. Do you have a valid license or not? No. You on probation? You on probation? Where are y'all out of? Where do you live? Where do you live? Gainesville? Where do you live? Palatka? 860 a fire truck unit on LE3 at TJ Max. Just a She's got small wrists. I didn't want to cuff her too hard. I'm just I didn't want your hands to come out. You got You got small wrists. You got small wrists, so I just didn't want the cuffs to slip off. 860 a fire truck unit on TJ Max and got LE3. You can walk her right there, too. Hey, are you still looking for one there or do you think she's in the car here? Come over here for me. You didn't leave anyone back there? The driver here is saying that uh they're all here in the car. They didn't leave anyone behind. Can you do a show up over here? There's two inside the store. You and the other one? Okay. All right. All right, so I'm going to use the back of my hand just to go over your pockets make sure you have Is there any weed or anything in the car I need to know about? >> Yes, sir. >> Yeah, I mean I can smell it, so. All right, well again, back of my hand, okay? I'm not grabbing your butt. All right, turn around relax right here for me. Turn around relax again. They're okay. She's saying it was her and another one in the store. She said it was >> It's two in my store. It's one >> Not the pregnant one? Which TJ Maxx is the stuff in the back from? >> Daytona. >> Daytona? >> 31. >> Mhm. >> You already called out all three of the names? >> I did not. Do you want to run them and ID them? And we can go from there. >> And I'll 31. >> All right, what is your name? Let's start with that. >> Morena. >> What is it? >> Morena. >> Morena? >> Mhm. >> Spell it. >> M a r e n a. >> Morena? Middle name? >> Jenadra. >> What's your full middle name? >> Jenadra. >> How do you spell it? >> J e n a d r a. >> Jenadra? >> Mhm. >> What's your last name? >> Aviles. A v i l e s. >> A v i l e s? >> Yes. >> Date of birth? >> 11 21. >> 21? >> Mhm. 91. >> 91? And you're not on probation? >> I'm not on probation, but I have >> You got an open case right now? You got on bond? >> For driving. >> For driving out of where? Palatka? Well, you said you're Palatka or You're from Palatka? >> Yes, sir. >> Whose name is the car in? >> My sister's. >> 060 Palatka? I've got a name Rebel 1 in Palatka no positive. First is Mike Alpha Romeo Echo Echo November Alpha middle J Juliet last Alpha Victor India Lima Echo Sierra. Bravo Foxtrot 1121 of 91 1048. 927 as well. >> Yeah, I'm already seeing this one. Last time I took her in 18. >> You're out here committing new crimes when you get sentenced? They ain't going to like that. >> I know. >> Sentenced to what? >> 180 days. >> Huh? 180 days? >> Yeah. >> Just for driving? Are you habitual? Uh >> From court five. It's not the latest. >> Good. >> Driving from court five. And you can't get it fixed. >> So >> The search yielded marijuana in the center console. One subject presented an expired medical marijuana card. An expired card provides no legal protection under Florida statute section 893.13. The deputy ordered occupants out of the vehicle. This is expressly authorized by Pennsylvania versus Mims. 1977. Mims establishes that during any lawful traffic stop officers may order occupants from the vehicle. No additional justification is required. The driver had no valid license. She was confirmed as a habitual traffic offender under Florida statute section 322.34 subsection five. That classification is a third-degree felony in Florida punishable by up to five years in prison. She was already facing a 180-day sentence in Putnam County for a prior driving while suspended offense and she was driving again. The front passenger voluntarily admitted to prior theft convictions without any Miranda advisement being required. Berkemer versus McCarty 1984 clarifies that routine roadside questioning during a traffic stop does not constitute custody. Miranda versus Arizona 1966 only requires advisement before custodial interrogation, not voluntary roadside conversation. Those admissions are fully admissible. Prior theft convictions are also legally significant under Florida statute section 812.014 subsection 3 paragraph C elevates the degree of a theft charge when the defendant has prior theft convictions on record. Three subjects acting together in a retail theft scheme trigger Florida statute section 812.015 subsection 8, the organized retail crime statute. Three or more persons conspiring to commit retail theft elevates the charge to a second-degree felony. A second-degree felony in Florida carries up to 15 years in prison. The volume of merchandise and ripped tags support this enhancement. >> All right, what is a good address for you, Ms. Miranda? >> 100 >> What is it? >> 100 >> Uh-huh. >> Spruce Line >> Spruce? >> Spruce Line Line, Palatka, Florida. >> You know the zip code? >> 32177 >> 177? >> Yes, sir. >> Hey, you got a female working? Cuz the other one's got stuff in her bra, huh? >> Yeah, I appreciate the phone number, cigarette. >> Yeah, I mean, you're going to need a female to search them. What's a good phone number for you? >> 386 >> Uh-huh. >> 386 >> Yeah. >> 336 >> 336? >> Yes, sir. 54 >> 5 what? >> 4 >> How much are you how much you want? 101? You got to throw that 01 in there? Uh hair color, eye color? Black hair? Brown eyes? Huh? What? Female? Oh, right there? All right, here, let's walk back here. Let's get you out of the rain and at least get you dry for now. You don't want to go in the back? All right. Can you just um do a full Yeah, do a search of her, please. I already did the pockets with the back of my hand. But just do a search of her and you put her in there for now, just get her out of the rain. Do you have anything illegal on you? You good? Um I smell weed coming out of there, so let's uh The driver said that there's weed in there. But let's make sure none of them have a medical marijuana card and then we can at least get that part of the way. There's a whole bunch of TJ Maxx stuff in the back with tags all thrown on the floor, so Do you have a medical marijuana card? Is there marijuana in that vehicle? You don't know? Ma'am, do you have marijuana card? What? Expired. Okay. There's your marijuana. Right there in the center. It's right there. >> It is strong. >> Yeah. It was right there in the center. >> I don't know what that is. >> Yeah. >> This still got a sticker on it. >> Um you see all these clothes in the back? They all have TJ Maxx tags on them. See them? So, the back seat passenger >> is sitting on all those, the pregnant one. I did ask her, but she's not been Mirandized yet, but the driver said that they were in the Daytona TJ Maxx before that one. But yeah, you can see it's just TJ Maxx stuff freaking everywhere. She said they didn't leave anyone behind. I mean, none have licenses anyways, so. Yeah. All this stuff, all these freaking tags on it. No bags or no receipts, nothing. >> It's all there. Inventory. >> the tags? >> Yeah. Watch out, there's pointy ends. >> Yeah. Oh, this is someone's ID on the passenger Here's the driver's ID. Do you see a purse or anything else in the front? With anyone's name? Was there any IDs or anything? >> No. >> I mean, look at all those tags right in front of where the one in the back sitting. >> Yeah. >> That are all ripped off. >> They didn't >> Huh? Yeah, I mean, you've got So, in the front we got a little bit of weed. It was right in the center console up in the front. And then you can see all the TJ Maxx stuff, and then all up here is all the ripped off tags. >> Okay. >> So, the pregnant one was here sitting on all these clothes. >> Okay. >> And right in front of her is all the ripped off tags. >> Which one are you saying the back one is? The one in the >> The one with just the top. >> The The one that's obviously there. >> Yes. >> Obviously. >> The one in just the sports bra looking thing. >> Okay. >> She was here with all the ripped off tags and everything is >> Okay. >> It's all up there in front of that. >> The backseat passenger was identified as pregnant and reportedly did not enter the store, a fact the driver corroborated on camera. However, she was seated directly on top of stolen merchandise with ripped security tags on the floor directly in front of her. Florida's constructive possession doctrine requires knowledge of the contraband and the ability to exercise dominion and control over it. Her proximity and seated position on the stolen goods creates a rebuttable presumption of constructive possession. Her defense would center on lack of knowledge and no active participation. That is a fact-intensive question for the jury. TJ Maxx loss prevention was summoned to the scene for a live show-up identification. Under Florida evidence law, show-up identifications conducted close in time and location to the alleged offense are admissible, provided they are not conducted in an impermissibly suggestive manner. The deputy requested a female officer to conduct a full search of a female subject believed to have items concealed in her clothing. This reflects adherence to Fourth Amendment best practices. Same-gender searches protect the constitutional right against unreasonable search. The deputy's use of handcuffs is evaluated under Graham versus Connor, 1989. That case holds that force must be judged from the perspective of a reasonable officer on the scene, not with the benefit of hindsight. Three unknown occupants, visible evidence of felony crime, and a single officer on scene, handcuffing was objectively reasonable under that standard. >> truck yet? >> No, we haven't even gotten the truck yet. But they're saying that they were at Daytona TJ Max before this one. Driver said she's set to be sentenced at the end of May for 180 days in Putnam for driving. >> For driving? >> Yep. >> She was? >> Yeah, she's habitual. >> Was she driving again? Was it a rental car? >> Got you. >> Huh? >> I'm trying to find the trunk release. >> Oh, sorry. Rental car? >> Huh? Rental car. >> Try again. Can't get it through. >> Oh, you got it? I was trying to find the trunk release. Huh? Oh. Hey, sorry it took forever, dude. I was coming from out I was on traffic. >> Bro, no worries. >> I cleared it. >> They literally uh when I got behind them, you can see how they like they just immediately jerked off the road. But they were weaving in and out of traffic like >> Yeah. Damn, it's reeking in here, boy. >> But you can even see that there's where the plate number on the back was sitting is one of those metal tags. So like they're popping those off, too. Whose Fox number is it down there? >> Uh Mosey. >> Mosey? So he's taking primary? >> Probably. >> All right. >> I'll transport for him. >> Just got to do a show up. >> Do you have his number? >> Mosey? Um >> What is Fox number is it? >> 221. >> 221? >> No, that's 226. No. >> Lou! >> No, it's 226. >> All right. >> Yes, ma'am. You want to talk to me? >> Yeah. The people from TJ Maxx not going to come in to show y'all who they came out from behind. >> They are. We're waiting on them. >> Okay. >> They're coming. >> Okay. >> Okay? >> Yeah, cuz I mean, that dude came out that store we was already at that car sitting down. >> Okay. Yeah, they're coming to to show to tell us who is who. >> Okay. >> Okay? They were just playing all the videos back and stuff. >> Okay. >> Okay? Is that it? Do you have any prior convictions for theft? >> Oh, yes, sir. >> Yeah? >> Yes, I I'm like that's that's >> Yeah. All right. Yeah, we're waiting on that and then we'll go from there. Okay? >> Okay. >> All right. >> Is the pregnant my friend okay? >> Yeah, they're both okay. One of them has to pee, but we're going to take them up to the fire station and let them pee. Okay? >> Now, the grades. The initiating deputy receives a B plus. The stop was legally justified. Plain view recognition was sharp. Backup was correctly requested before extracting occupants. A female officer was appropriately summoned for the search. The area of concern substantive questioning occurred after subjects were handcuffed at that point. Custody analysis becomes closer. A conservative practice would be to issue Miranda advisement before substantive interrogation once subjects are in restraints. The driver receives a D. She drove as a habitual traffic offender, a third-degree felony, while already awaiting sentencing for the same offense. That pattern of conduct reflects deliberate disregard for court orders. The front passenger receives a C. She voluntarily provided admissions that directly advanced the prosecution's case without asserting her Fifth Amendment right to remain silent. Her prior convictions will trigger sentencing enhancements. The backseat passenger receives a C+. She presents the most defensible factual position of the three subjects, but constructive possession exposure is real. Her outcome depends heavily on loss prevention testimony and surveillance footage. The Volusia County Sheriff's Office receives a B. The response was coordinated, professional, and legally grounded. The primary institutional recommendation is clearer departmental guidance on Miranda advisement timing in complex multi-subject detentions. Key takeaway number one, know when Miranda applies. Handcuffs signal a custody threshold advisement before substantive questioning, protects evidence admissibility, and reduces civil liability exposure under 42 United States Code section 1983. Key takeaway number two, silence is a constitutional right. No subject is legally required to explain their presence, their companions, or their knowledge of items in a vehicle. Voluntary admissions made under stress routinely become exhibit one at trial. Key takeaway number three, constructive possession is not limited to the person who physically holds the contraband. Anyone with knowledge of its presence and the ability to exercise control over it is legally exposed regardless of whether they touched it. 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 do not forget to check out our second channel, Body Cam Case Analysis second channel, for more police interaction content.