What happened? You're being detained for a search investigation. >> What happened? I don't have nothing. >> I don't have anything. What do you mean? >> April 19th, 2024. three women, a magnetic tag removal device, and over $826 in merchandise documented in real time by undercover officers already working inside the store. >> Coming from the food court. >> Okay, let's make contact when they uh when they heading out. We're moving the contact. The one with the black shirt. I'm 102. >> What do I grab? I don't have nothing. >> I don't have anything, sir. >> What? What do you mean you don't have anything? >> I don't know. What else could you be grabbing me for? >> Okay. You have this? >> My phone? >> Listen to him. You're being detained for theft investigation. >> So, just comply. Just comply. >> Just comply. >> You're being detained for a phone. I'm going to call my job. Okay. >> Go ahead. I got her. >> Okay. >> I got her. >> You have ID on you? >> Um, not in this bag. I don't think so. >> In this bag? You don't have ID? >> No, it's in the car. >> In the car? >> I got one. >> And red. What happened? >> You're being detained for a theft investigation. >> Oh, okay. >> Stop. Stop. Give me your dancing. >> All right. So, we're about to find out. I think we got all three detained. [music] Transport. >> Yeah, let's go ahead. My car is out here. Where where is your car at? >> Way on the other side. Okay, let's go up here. >> Hey Josh, that's 104. Meet me in front of the T-Mobile booth in the front. Right. >> Do they need >> She needs to be searched. >> All of all of them. I'm getting the bag off. Um, you take the off. No. Step up here. You going to listen to the law direction. >> We're going to lean up against the car pack. You see that buddy? >> Just just hang by the car. >> It's kind of hot. >> That's her property. >> I haven't shot her. I gave her the black already. Oh, >> no. She didn't have money because she had those. I didn't check it. >> Yeah, they were they looked really sketchy. Oh, >> um that's okay. Um group text they have felony charges. They need to approve them real quick. >> Felony charge. What do they know? They said they have felony on the guy from the guy they took. Oh, okay. Okay. >> All this is down. >> This one. >> You want to go? >> No. Tomorrow. >> Yeah. >> The name is going to be Delta. >> Um, she wants to sit in with you guys. I'm going to take the seat belt off if you guys can. So, all I got to be a little uncomfortable once I do it again. >> All right. >> Put the windows down. >> Yeah, I put the windows down. >> The one that uh from earlier had uh two prior convictions. >> Just FYI, >> the guy that they caught earlier. >> Oh, yeah. That's why I was filling it. >> Thank you. I appreciate it. >> Yeah, that's why I was filling it. He had two prior hours. >> All right. So, now I see a few questions. All I need is a verbal yes or no. >> All right. So, you have a right to do main sign. Do you understand? >> Yeah. >> Anything you say maybe use against you in court? Do you understand? >> Yeah. >> Reading your rights. Do you want to talk to me about today? >> Do I want to what? >> Do you want to answer some questions I have for you, Dr. >> Uh, other than what I asked you? No, not important. No. >> So, you don't want to talk to me? >> Huh? So you don't want to talk to me. Okay. >> Speak to you first. >> All right. So just ask you some questions. All yes or no? You have the right to remain silent. Do you understand? >> Huh? >> You have the right to remain silent. Do you understand? >> Yes. >> Okay. Anything you say maybe use against you in court? Do you understand? >> Yes. >> You have the right to talk to a lawyer before and during question. Do you understand? >> Yes. >> All right. Do you after agreeing your rights, you want to speak to me about today? >> No. Okay. You want to get out and get a week or something. >> Okay. Come on now. All right. So, I see any of the other people. The right remain silent. You understand? I didn't have verbal answer. Verbal yes or no? >> Yes. Okay. >> Anything you say may be used against you in court. You understand? Yes. You >> have the right to talk to your lawyer before and during questioning. You understand? >> Yes. >> So after reading your rights you wish to speak to me about today. >> Just a few questions I have. It's up to you. >> You said you have a few questions. >> I have a few questions. >> Microphone on off. >> Huh? >> Microphone on off. Yes or no? >> You don't want to talk to me? >> You talking about before or after you ask the question? >> Huh? >> Before or after you ask? >> Whatever you want to do. >> So you want to hear my question? Ask my question. You can choose the answer right now. >> I want to hear a question. >> So you agree to that? >> Yeah. >> Okay. So what did you guys go to the store today for? >> Nothing. for nothing. Okay. So, why are you here right now? And why was there a magnet in your pocket? You like my questions? Are you are you done with my questions? Okay. You sit back. >> The detention is constitutionally clean. undercover surveillance, documented coordinated tag removal and staff distraction before any officer made contact, establishing probable cause before the stop began. No Fourth Amendment challenge survives that sequence. Terry versus Ohio requires only reasonable, articulable suspicion to justify an investigative stop. Officers here had direct observation of criminal conduct in progress. The constitutional standard was cleared before anyone moved. Florida statute 812 0155 addresses retail theft committed by two or more people acting in concert. It aggregates the total value across all participants. The prosecution is not required to prove what each individual personally took. That aggregate $826 satisfies the threshold under Florida statute 014. Theft valued at $750 or more is grand theft in the third degree, a felony in Florida. and this total clears it. The magnetic device creates a second and independent felony count. Florida statute 81215 subsection 8 paragraph A makes it a thirdderee felony to merely possess a device designed to defeat an anti- theft system. Proof of use is not required. Two subjects were found with that device, giving each two separate felony charges. Under Florida statute 775082, consecutive sentences push the statutory ceiling to 10 years in state prison run concurrently. It is five. Miranda versus Arizona requires three components before custodial interrogation can proceed. The right to remain silent, the warning that statements can be used in court, and the right to counsel before and during questioning. All three were delivered here individually to each subject. Two subjects received the advisement, acknowledged each right with a verbal yes, and then declined to speak. Clean invocation of the fifth amendment, unambiguous, documented, and legally binding. Michigan versus Mosley holds that a properly invoked right to silence must be scrupulously honored. All questioning of those two subjects was required to cease entirely, not pause, not continue with a different officer. The third subject's situation is different. She acknowledged all three Miranda rights and agreed to hear the officer's questions. Agreeing to hear them is not a neutral position under Supreme Court doctrine. Burgu versus Tomkins decided in 2010 established that choosing to answer questions after a Miranda adisement constitutes a knowing and voluntary implied waiver. No explicit declaration is needed. Answering is the waiver. She answered that the group came to the store for nothing and that statement is admissible regardless of what she refused to say afterward. A waiver does not reset between questions. What she said before going silent already sits in the evidentiary record. When asked about the magnet, she went quiet but silence after a valid waiver is not an invocation of rights and cannot erase the prior answer already in the record. The record stands as built. Grand theft under Florida law requires three elements. An intentional taking, intent to deprive the owner, and value at or above the statutory threshold. Undercover surveillance establishes all three before any subject opened her mouth. The possession charge reduces to two elements. possess a device designed to defeat an anti- theft system and both are satisfied. The device was found in a pocket and its use was captured on camera. Neither element is disputed. Thirdderee felony in Florida means state prison, not county jail, and a permanent record that strips civil firearm rights, suspends voting rights during supervision, and closes the door on certain professional licenses. The consequences extend well beyond the time served. First-time felony theft offenders in Florida frequently receive probation, but this is not a first-time impulse theft. It is premeditated, equipped with a specialized tool, and coordinated across three people. Courts and prosecutors treat that distinction as significant, and Florida's sentencing record reflects it. Radio traffic in this footage references a prior felony connected to another individual in this group. If any of the three subjects carry their own prior record, Florida's criminal punishment code assigns scoring points that can eliminate probation eligibility and require active incarceration. The officers receive an A minus. Pre-cont surveillance eliminated the primary Fourth Amendment vulnerability, and Miranda was delivered individually and correctly to each subject. The targeted question directed at the one subject who waved her rights was precisely the right call. All three subjects receive a D. Two invoked Miranda and stayed quiet. The one legally correct decision available, while the third waved her rights, answered a question about her purpose in the store, and produced a statement the prosecution now owns. Agreeing to hear questions is the waiver. It is not a conditional preview of the advisement and it does not reset between questions. The moment to invoke silence is at the start of the advisement before any exchange begins. Carrying a device designed to defeat security systems is a standalone felony under Florida law, separate from any theft charge. Most people do not know that statute exists until they are already facing two felony counts instead of one. Physical compliance during a lawful detention does not change the legal outcome, but resistance creates friction and additional evidence where none was needed. What the undercover footage already captured was the case. Let us know if there is an interaction or legal topic you would like covered in the comments below. 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