On March 6th, 2024, a police officer in New York City arrested a woman named Fabiana at a retail store on suspicion of shoplifting merchandise worth approximately $75. >> Do they wait until that we're about to change shifts? >> Probably. >> All right, what happened? >> Just give me the money. Whatever she did to the money. >> It's a larceny. >> So, just give me the money. I'll do the paperwork. >> You want to sit here? Thank you. >> All right. >> Hello. >> What she take? With your favor, have a seat. The timing of these always drives me. It's always at the end of my shift. Do you know that? >> I don't understand why they called us for operating a business. Nothing. >> What's this? You guys? >> Yes, it's ours. >> Can you sign this for me, please? Sign here. >> Can I ask you a question? >> Yes. This is for operating a store. No, not any of our stores. >> What do you have? Maybe I'm missing it. I don't see a total. >> I don't know. >> All right. >> All right, this is how you see that it's over $100. >> Do you want to sign a complaint? >> Yes. >> You guys are just don't want her to come back or you want to complain? >> No, we got to send a complaint cuz it's over our amount. >> Okay, send up Miss. What's your >> Are you arresting me? >> Yes. Yes. >> Wait. Please don't >> Miss, I we don't have time to do that. Just stand up, please. >> Stand up. >> I don't have Can I call someone? >> When we get to the station, you can call your folks. Take your bracelets off me. >> I don't have I don't know no numbers by heart. >> we can have your phone. We're not leaving it here. What's your uh the dollar amount that you guys >> Our total was $75. >> Take your purse off. >> Babe, come get me in front of the police station, please. I'll go to the police station. Hurry up, please. >> It's going to be a while, Miss. So, you might not want to come here just yet. She got groceries >> I said I'm not going to give it. I'm not going to take it. I'm not going to do that. >> Yeah. >> Take your purse off me, please. >> What's up? She paid for it. >> Yes. >> All right. >> I'll take it. >> This is going to be my mom's car. All right, answer call button. >> You got to answer some of >> Answer call. >> Voice over all. >> Double cancel. Double cancel. >> Pay attention. Pay attention. >> Voice over all. >> That's 1405. I don't think so. Take this receipt off. >> It was over a quarter. 169 You guys see this bracelet off, too. I'm not being hostile. I asked you twice to take your bracelets off. >> Yeah, I did. I forgot. >> Okay. >> I need you to unclip that. >> I was just wondering. I was wondering. More like so. Pick it up. I used to do such a bad job. So, that's good again. Is it? You have your idea? >> I don't ask you to go in my pocket. >> Make sure you're under arrest. We're We're going to take what we can with us. We will. We'll make sure all your property goes with you. >> arrest. You have a lot of demands, suddenly. >> You got a picture of her? >> Yeah. >> You want to get started? >> Mhm. You're going to get searched again at the station. I want to keep that in your favors. What time did she come in? >> I've been watching you since 1:00. >> 1:00? >> Yeah. I've been watching you since I All right. You want to put this uh in here? Nothing there. What is that stuff? You can have that. >> Just for the report. >> Uh you don't have a bag, do you? You have a bag? >> put it in there. >> Let me get something. >> In that one. >> All right, this is the bag. >> You can double it. I'm sorry. I just don't want nothing to go through. Kind of thing. >> How it works is that cuz you're our responsibility now, it wouldn't be good for us for anything to go away. So, we're careful with everyone's stuff, okay? I'll make sure nothing's falling out. By the way, all of this is on camera. So, an extra level of security. Okay? This is yours? >> Yes. >> All right, mister. All right. What is it, though? Oh. This is [music] your stuff? >> All of >> All of this stuff is yours? >> Yes. >> Beautiful. You know what? He'll grab it. >> Okay. know what? He'll grab it. >> Can you put my hood on, please? >> I know. She has a whole big thing. I know. It's amazing. Truly. >> Are you going to bring the stuff WITH YOU? >> YEAH. YOU WANT TO JUST WALK I'LL GRAB IT REAL QUICK. I KNOW. I DON'T WANT to leave you here by yourself. Didn't think I'd be doing this when I woke up this morning. >> over at the store. >> So, by the way, I didn't know their number was 75 bucks. >> Yeah, yeah, yeah. >> So, I wanted to ask the kid. >> I got to go. >> We've been called here before when they're not going to sign a complaint. >> Yeah. >> So, why call us? Just ban the person and that's it. >> Yeah, it's in the >> Huh? >> It's in the front. >> Ooh. Want to wait All right. Going to be on a 1201 female 10-25 Santa Monica 543 17.1 543 17.1. 15 15 13 15 13 15 13 513 15 13 >> Jeff Race On two. I see that contact to be 1655. >> 408 20 head quarters ending mileage 543 18.5 543 18.5 >> Bobby >> I'll come back out here. >> You sure? >> Yeah. >> All right. You good? >> My hurt. I'm sorry. >> What was that 407? A watch room? >> No. >> Space to walk in? >> Officer. >> Yo. >> Yo, that's your tequila? >> I don't know. Hold this. Miss, come in. Hey, come here. The whole what? What the [ __ ] I don't know. You got the cuffs for the officer or not? I don't know what the [ __ ] Let's try mine. Have a seat. Put them on. Uh no, not yet. This cute. Hold on. Okay. You got to be >> Copy 10-4 10-12. >> The arrest did not start with the officer. New York general business law section 218 lets merchants detain suspected shoplifters civil hold, not an arrest. Constitutional protections attach only when the police step in. The moment the officer says you're under arrest, criminal custody begins. The fourth and fifth amendments are now in play and the officer's obligations shift immediately and completely. Probable cause, merchant complaint, officer surveillance from approximately 1:00 in the afternoon and a confirmed dollar value. Illinois versus Gates established the totality of circumstances standard. That combination clears the arrest threshold in New York criminal procedure law section 140.10. Chimel versus California from 1969 sets the search scope, the person and the area within immediate control, nothing beyond that. Removing jewelry and personal items during processing falls inside that authority and the officer did not exceed it. The subject pushed back on the bracelet removal. The officer explained without escalating and the subject complied. No force was used at any point. That exchange stayed entirely within constitutional limits. Miranda versus Arizona controls custodial interrogation. Once custody attaches, a rights advisement must come before questioning, the right to silence, the right to counsel, and the warning that statements can be used in court. Rhode Island versus Innis extended that to include the functional equivalent of questioning, not just formal interviews. Asking Fabiana about property and dollar amounts during processing qualifies. Custody was established. The advisement should have come first. No Miranda advisement appears in the transcript before those questions. If Fabiana's statement about the $75 amount was obtained through custodial questioning, it is suppressible under the exclusionary rule. New York penal law section 155.25 petit larceny requires proof of the taking, intent to deprive, and lack of consent. Surveillance and merchant complaint cover all three. The charge survives without Fabiana's statement. Petit larceny under $1,000 is a class A misdemeanor. County jail, maximum 1 year under section 70.15. A concurrent possession charge under section 165.40 is also available as a plea vehicle. For a first-time offender at this dollar value with no aggravating factors, the realistic outcome is an ACD adjournment in contemplation of dismissal. 6 months arrest-free, the case is dismissed and sealed with no conviction and no record. Property processing was handled correctly. Items bagged, double-bagged on request, narrated on camera. Saying all of this is on camera while processing an arrestee's belongings is deliberate. It creates a chain of custody and closes off civil conversion claims. The officer receives a B. Probable cause solid. Property handling correct. De-escalation consistent. One gap. Miranda compliance before questioning Fabiana about dollar amounts during custody. That created a suppression risk with no tactical reason to exist. Fabiana receives a B+. No physical resistance. Complied after voicing objection. Kept composure. The one costly decision. Speaking freely during processing without invoking the right to remain silent, a right that was active from the moment of arrest. Three lessons. Silence is active at arrest, not at the station. Any statement made after custody attaches, even one later suppressed at trial, stays in the investigative file. Invoking silence costs nothing and removes real risk. A merchant signing a complaint is a separate decision from the arrest itself. No signature, the DA loses the primary complaining witness. An arrest does not guarantee prosecution. That gap matters whether you are the arrestee or the officer. On-camera property narration is not bureaucratic filler. It is the most direct protection against a civil conversion claim, and body cam records everything, including candid shift commentary that officers may not intend as part of the case record, but legally becomes so. When a store has a pattern of calling police without signing complaints, the smarter referral may be civil trespass, not a continued criminal response that consumes resources and produces no prosecution. That is a policy consideration, not misconduct, but worth noting. 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 check out our channel for even more police interaction and court room content.