I'm going to I'm going to sue you all. I'm going to sue you all because this is not fair. This is not right. No. >> Okay. >> And then to have the police to come and handcuff me at the register around everybody? >> Okay. You're under arrest right now, okay? Place your hands behind Place your hands behind your back. We'll tell you as soon as you're uncuffed. >> What did I do? >> We'll tell you as soon as you're uncuffed. >> What did I do? >> We'll We'll tell you Just let me get some handcuffs on you and then um >> Cuz this is going to be on me and I'm going to lose my job. I work at the hospital and they serve me. Please. >> On August 9th, 2023, officers responded to a Target retail store after loss prevention called them in flagging a woman at self-checkout they had been tracking for 3 years. The arrest turns on three legal questions. When barcode switching becomes a completed crime under state law, whether a misdemeanor can support a custodial arrest, and what happens to every word she said in that back office. >> Yes. >> Um >> All right, man. >> He knows more about it than I do. >> All right. >> Yeah. >> All right. >> Yeah, exactly. >> All right. >> Hey guys, how's it going? >> What's up? >> Got a lady. She ticket switching stuff. She's She ticket switches like um She ticket switches using sock barcodes usually. >> Mhm. >> A little bit. Um >> What was the face value? >> Like 2,400. >> Oh man, that's >> We have a name for her. I'm not sure if it's 100% accurate, but we have her as Thelma Grant. >> Thelma Grant? >> Yes. >> That's an old lady. >> Yeah, she's an old lady. I don't feel bad for her though. She's She knows what she's doing. Like she's been doing this for a while. Like just to give you some insight, $2,400 worth. >> How many No, 32 incidents? >> Yeah, so she's been doing this for a while. See, usually what she does is she grabs like little sock barcodes that are like a dollar, a little bit less, and will put that on whatever she's And then she'll actually go through the checkout line? >> Mhm. >> But she's scanning the socks. >> Yeah, she scans the socks like 50 times. >> Yeah. >> So while she's scanning, can you pull up like what all those things are? Okay, okay. >> She's been doing this for so long that we have all these different incidents on her. >> Yeah. >> She's been here a while already? >> Um she's been in here for I can't walk my lunch. She's been here for like 30 minutes. I'm expecting her to head to the front seat. >> Is she a nurse? >> I have no idea. I know the last time she came in though she was wearing scrubs, so that's kind of how I picked up on her today. I was like, okay, same scrubs. She's she's been hitting us forever. Like her incidents started 2020, so she's been doing it for 3 years now. I think she's doing the switching in there where she's changing the barcodes out. Cuz what she did she selected like an abundance of those. >> But she just tape them on? >> Well, they're sticky, that's what it is. So um you know those 50 cent cups and the 50 cent bowls? Like the little plastic ones there. >> Oh, yeah. >> She selected a lot of those is what I'm thinking. But what she's probably doing is taking the barcodes off of those and putting them putting them onto the apparel items that she selected and the other stuff so she can pay 50 cents for those. Oh, no, no, no. We'll get her um once she pays at the POS and once she exits. We have to like Target makes us let them leave. That way it shows like there's no possible way they could have intended to properly pay. Like that's why they call it last point of sale. Like there's no way that she could have paid [clears throat] properly. I just need her to get out of the fitting room at this point. And like I showed them, I've got 30 plus incidents of her switching barcodes. So I know you guys technically could pull her for defacing the merchandise, but we don't want to do that cuz it's just Target won't let us do that. >> Mhm. >> But my boss did give us permission like if she for some reason like maybe she sees the cop car or something, she abandons it, we will we can pursue trespass. All right. So, oh yeah, she's taking a ticket switch. We're good. So, see that Look at that's a big black bowl that she scanned. That's a small white little cup that she scanned. So, we're good. Let's just wait till she passes up once she's out of the store. Can you guys tell the difference? Do you see that's a big black bowl and this is like a small white cup? And then you should see her doing it again. And the little paper bowls. Yeah, so she's still doing the cup. So, we're good. We just need her to leave now. Perfect. This is I wonder where she did with the cups though. She dumped them. She left them right there. >> There she goes. >> She left them where she dumped the other stuff. Hello. Hey, I'm sorry to bother. Um so, I have thermal right here at the POS. She has ticket switched. She switched barcodes. She scanned everything in, but her card might decline. It looks like she's struggling to render payment. If that's the case, the police are saying they have enough to like charge her with shoplifting because she switched the barcodes, but what should we do? You see? We can? >> Yeah, totally can, bro, as long as the police want to. I'm I'm willing to prosecute on that. >> Okay. >> You [clears throat] can just have them exit with it. >> Okay. Okay. All right, thank you. All right, bye. Hey, so she's still at the POS and she's been at the POS for 20 minutes now trying to render payment and not >> I remember the first time I got my baton, I went home and I played with it and I couldn't get it [laughter] to close. I was like >> So, since you guys If you guys want to pull it, we can pull it. What do you want to do? All right, thanks, Mark. All right, bye. >> Go ahead. I'll I'll take your lead. Got it. >> Excuse me. >> one still has a balance of $13.99. >> Hey, ma'am. Drop your phone for me. >> Uh-huh. >> Drop your phone for me. >> Yes. >> You're under arrest right now, okay? Place your hands Place your hands Place your hands behind your back. We'll tell you as soon as you're uncuffed. >> What did do? >> We'll tell you as soon as you're in cuffs. >> What did I do? >> We'll We'll tell you Just let me get some handcuffs on you and then um we'll bring you to [snorts] the back and we'll explain everything. >> Uh-huh. >> Yeah. Sorry. What I'll let you know. Just let me get these cuffs on you real quick. >> Okay. >> Don't want to mess up your watch. >> Uh-huh. What in the world did I do? >> We'll explain. Just give us a second. >> Would you like me to grab your cell phone for you? >> Yes. What did I do, ma'am? >> We'll explain it in the office, okay? You're going to move it over there? Did you want me to disconnect the call? >> Yes. What did I do? >> I'll take your purse, miss. >> Okay. >> So the loss prevention officer is going to explain everything to you. >> Yes. >> Um we're just going to sit down, have a conversation and he'll explain everything. >> Right. Cuz I've been I mean, for y'all to come up and just handcuff me like that in front of everyone. And I didn't do anything. >> We'll explain everything back >> Why do y'all want to handcuff me? >> Have a seat over here on the uh the bench for me. >> Yes. >> It's good. You can sit there or there, either way. >> Yeah, I don't want to sit down. >> Have a seat for me. >> I don't want to sit down, sir, because this hurt me. It hurt my arm. >> That's your switching switching the barcodes. Switching the barcodes of an item is a crime. >> I didn't switch no barcode. >> We have you on camera now. >> WHAT DID I DO, SIR? You didn't see me SWITCHING NOTHING. I DIDN'T SWITCH no barcode anywhere. >> ma'am. >> Sir, show me, please. >> I have I have it right here. They They've seen it. >> Sir, no. Uh-uh. You You need to show me. Show me what did I do? >> You don't want me to show you. Okay. >> Show me what did I do? >> You switched the barcodes of the items that you rang up. >> SIR SIR, I PROMISE YOU I DIDN'T SWITCH NO BARCODE. >> We have it on >> Sir, I didn't switch no barcode. >> What's your name? >> I didn't switch no barcode. >> Okay. >> Only thing I came here to do I first I came here I was going to change my pajamas. But, I didn't have I couldn't get into the time. I was what? >> The time and after you >> Yeah, it's the time and then Yeah, they came Yeah, I had >> Change your pajamas? >> Yes, I I had I bought me some pajamas the other day. Yeah, but then when I got to the register, she told me it was fine for me to go ahead and put that in there. I don't have anything else. >> All right, I'm just looking for you got ID in here, ma'am? >> No, my my ID and everything is in the car. >> All right, what's your name, ma'am? >> And and then for you to go you you're NOT SUPPOSED TO JUST SEARCH MY my items. >> Well, you're arrested right now, ma'am, so >> Yes, but what I'm saying is arrested for what? >> Shoplifting. >> Shoplifting? >> Please sit down. >> Sir, show me proof that I shoplifted anything. >> We just told you. >> Sir, I didn't I KNOW I DID NOT. NO, I DID NOT. >> OKAY, have a seat for me. >> That Oh, hell no. Uh-uh. Uh-uh. Uh-uh. The only thing I did, I went and I bought what I had I I was trying to get my money off the charm the whole time. >> What's your name, ma'am? >> I'm not giving that information unless y'all tell me some stuff. >> We did. We're trying to get your name. >> No, no, y'all did not. The first thing y'all did was handcuff me. >> I told you you're under arrest for shoplifting. >> How you under arrest? First of all, sir, look here. First of all, I didn't leave out the store with anything and I didn't change no price I didn't change no prices on anything. The only thing I did was scan what I had. >> When you were scanning things, they were it was coming up as a white plastic cup. >> Listen, I scanned what I had. You're not going to sit up here and tell me that I shoplifted anything. >> Okay. >> I scanned the stuff that I had. >> That's something that if you wish to fight it in court, you can fight it in court. >> I'm definitely going to fight this in court. >> Okay. >> I'm definitely going to fight this in court now. >> What's your last name, Ms. Thomas? >> Not until y'all to me some information because this is not fair. >> Ma'am, I don't know what you want. I don't >> We observed you bringing up items on the camera and we saw >> Ma'am, I RING UP EVERYTHING. NO, THOSE ARE MINE cuz my bag is in the car. Uh-uh, those are mine. >> We observed you selecting those on camera. >> Those are mine. >> I have you >> No, no, no, sir. First of all, you seen me get another size. That's what I did and if you see me if you seen where I put IT BACK. >> OKAY, I'LL TELL YOU WHAT. We're going to prosecute for this then. We'll just prosecute for >> Because Yeah, because the only thing you had to do is look and see that I was getting another size. That's all. >> I understand. >> And they didn't have another size. >> Okay, okay, but you still ticket switched merchandise today and that's what I did. >> No, uh-uh, uh-uh. >> Okay. And we have 30 >> And then and then you are not supposed to search my purse. This lady right here supposed to search. >> No. >> If you would like me to search instead of the police officer >> Yes, ma'am because this is out of order right here what they're doing. This is very much out of order. >> So, you want me to finish the search? >> Uh-uh, put that stuff back in my purse. Put everything back in my purse. Because I'm not uh-uh, I'm I'm very This is very uh-uh, Uh-uh. Sir, you can put my Those are my items. >> These? >> Yes, those are mine. You can put it right back in my purse. >> Those might be hers. >> Put them back in there. >> But so we're not even going to prosecute on this. We're just going to prosecute FOR MERCHANDISE AND >> PROSECUTE? I DIDN'T TAKE ANYTHING, SIR. >> switch the barcode >> Sir, I SWITCHED THE BARCODE. >> YES. >> FIRST OF ALL, I DIDN'T SWITCH ANY BARCODES OR ANYTHING AND I'M GOING TO SUE TARGET. >> After the police >> no, uh-uh, no, no, no. I'm going to I'm going to sue you all. I'm going to sue you all because this is not fair. This is not right. Nope. >> Okay. >> And then they have the police to come and handcuff me at the register around everybody? >> Okay. >> Oh, heck no, uh-uh. >> All right. >> DIDN'T EVEN DIDN'T EVEN BRING ME BACK HERE. DIDN'T EVEN BRING me back here. YOU'RE GOING TO COME UP THERE and handcuff me in front of everybody. >> Okay, ma'am. >> Oh, I'm definitely going to get me a lawyer. Uh-uh. >> I'm not talking >> Uh-uh. I'm not talking to you because I didn't cuz you didn't do anything to me. >> Okay. >> You didn't you stood back. >> He's the reason why we're here. >> Listen, it doesn't matter whether he's the reason. I'm talking about what you all did. Can he just ban me out the store? >> They're doing that, too. >> I know that, but can he let me go? >> That's up to them, but I don't think they are. >> That's that's all I'm asking. Sir. Please, sir. Please, cuz this is going to be on me and I'm going to lose my job. I work at the hospital and they said they would please. Uh please, sir. >> He's got to keep his job, too. >> I understand that. But it's their judge, it's their call. Please, sir. I won't step back in here or nowhere around and please, sir. I'll lose my job if this is on here. Please. It took me so long to get this job. Please, sir. I'm just begging you. Please. Just what Just please. I just Can I just pay for the stuff that you took, sir? >> Unfortunately, we have 33 incidents of you doing this. >> Sir, what I mean not in here? Sir, no, you didn't. >> [laughter] >> Sir, I've never been Oh my god. >> You've never been in this store before? Is that what you're saying? >> I ALWAYS SHOP IN HERE. I LIVE RIGHT DOWN THE STREET. >> OKAY. >> SIR, you have never caught me in no shoplifting or anything like that in here. >> I >> Oh my god, I can't believe this. I No, no, you did not. Uh-uh. Sir, what what How much is the items? Oh my I didn't Sir, I didn't even leave out the door. >> Yes, ma'am. This is your first offense. >> I didn't leave the I didn't leave out the door. I didn't leave out the door. I didn't pay for anything or anything. >> It's $59.26. >> Is that a misdemeanor or felony? >> It's a misdemeanor. >> Sir, please please, I'm going to lose my job. Please, sir. >> Same thing for you and Theo 5. >> Please. >> It's not It's not my choice. >> Well, whose choice is it? >> It's corporate policy. >> Well, can you talk to corporate, please? >> already have. I have to call them. >> You heard me calling earlier and they What did they say? >> To arrest her. >> Yes. >> I have never been in this store getting caught for no shoplifting or anything, sir. Please. Can you please just Look, sir, can I Can I Can I beg I beg you, please? I have nobody to get me out on bond. Not only that, not only having this charge on me, I think we're going to work tomorrow. Anything. >> Well, you didn't rob the store, but you were stealing product, which is money. >> I can see if if I was going out that door and y'all ran behind me and grabbed me or whatever, but you got me right there in the register in front of everyone. You bum rushed me. You did this and that. You could have called me in the >> treat you poorly. You weren't rough with me. You weren't rough with me. I TREAT EVERYONE EQUALLY AND I I DON'T KNOW WHAT YOU'RE TALKING ABOUT. >> Because my my granddaughter was on My granddaughter was on video and you believe that you all came up and grabbed me by my arm and yanked it up like that in front of everybody and handcuffed me. You could have walked me in the back. >> No, ma'am. I don't know you from Adam. So, I have to treat you just like I would treat anybody else. Fairly and partially. Similarly. >> No, you did not. And I'm not being ar- I'm not being argumentative to you. I'm just upset and I'm embarrassed. >> I can understand that. >> I'm upset and I'm embarrassed. That's all. They They They can't get no word back as long as I know they They banned me from here. >> Yes, ma'am, they did. And I'll go ahead and show you everybody that needed to sign off on it. So, there's your name, your signature, the property manager name and signature, and that is my name and my signature. >> Okay, that's fine. >> All right. >> And it was it And it ended up being >> Yes, ma'am, it is permanently. >> That's kind of harsh, isn't it? >> I didn't I didn't decide that. >> So, is it really kind of harsh? >> What? >> Indefinite. >> It's not my choice. It's what is part of procedure. >> You got You got to sit up straight or something. >> Yes, ma'am. >> I'm still not So, this is a copy of the arrest report. You're going to create a copy of this and then there's going to be a case report number on here that you can pull from our system. >> Yes, sir. Oh, thank you so much. >> You got it? >> Yes. >> Let me unclip those for you real quick. >> These right here? >> Yeah, I'm going to just get them out of your way. You look really nice with the purse. You want to help me with the seat belt? >> Loss prevention applied the last point of sale standard, letting the subject complete the fraudulent scan before officers moved in. Once a mislabeled item clears the register, any innocent mistake defense is off the table. The intent is in the scan. Under the majority rule in the United States, barcode switching is a completed theft the moment the fraudulently labeled item is scanned. The law does not require the subject to walk out the door. The switch is the offense. Probable cause rested on three independent layers, direct surveillance of the switch in progress, transaction records confirming the fraudulent scan, and 30 [clears throat] plus documented prior incidents going back to 2020. Illinois versus Gates requires a totality of circumstances assessment. This combination clears it. Officers executed the arrest at the self-checkout counter in full view of other shoppers. Under Atwater versus City of Lago Vista, the Supreme Court confirmed that warrantless custodial arrests for misdemeanor offenses are constitutionally permissible. The Fourth Amendment does not require waiting for a felony. That closes the constitutional question. Tactically, best practice in retail enforcement calls for a discreet approach and escort to the back office before restraint is applied. Handcuffing on the sales floor was lawful. It was not optimal. In the loss prevention office, the subject objected to officers searching her purse. United States versus Robinson authorizes a full search incident to any lawful custodial arrest. No additional warrant required. That search was constitutionally sound. Robinson ends the argument. No audible Miranda advisement appears in the footage before questioning began. Miranda applies to custodial interrogation, not to booking questions like name and date of birth. Asking for a name is not interrogation. Asking her to explain the barcode switch without an advisement on record is a different issue. The subject made repeated spontaneous statements, denials, an offer to pay, an explanation of why she was in the store, none of it prompted by officer questions. Voluntary statements made in custody without interrogation are admissible. She provided that evidence herself. The offer to pay is the most legally consequential moment in this footage. A defense attorney calls it panic. A prosecutor calls it consciousness of guilt. Courts have allowed both arguments and juries tend to find the second one more persuasive. The charge is retail theft by barcode switching under the applicable state shoplifting statute. Elements, intentional conduct, alteration of a price indicator, attempt to pay the fraudulent price. Surveillance captured the switch. Transaction records confirm the fraudulent scan. All three elements are present. Merchandise value, $59.26, a misdemeanor in every US jurisdiction. County jail, not state prison. The subject told officers she works in hospital surgical services. A misdemeanor theft conviction triggers mandatory disclosure to healthcare licensing boards in most states. The single incident value is misdemeanor. The pattern is not. Approximately 40 states have organized retail crime statutes allowing prosecutors to aggregate losses across incidents. 30 plus incidents, an estimated $2,400 over 3 years that can elevate this from a misdemeanor to a felony charge. The officers receive a B. Probable cause was solid before approach. Use of force was soft, empty hand only, and they held composure through a prolonged and emotionally charged encounter. The deductions: a public arrest where discretion was available and no Miranda advisement documented on record. The subject receives a C+. Not physically resisting was the right call. It kept this at a single misdemeanor charge. The rest worked against her legally. The denials, the offer to pay, the refusal to identify herself after a lawful arrest. Target loss prevention receives a B+. 3 years of documented incidents, transaction data, corporate authorization, and correct application of the last point of sale standard, the case was methodical. The gap: 30-plus incidents before issuing a trespass ban. The subject argued repeatedly that she never left the store. That argument is based on a misunderstanding of what the law requires. Barcode switching is complete at the register, not at the exit. Knowing the legal definition before the encounter matters more than disputing it during one. Once handcuffs go on, the right to remain silent is available. Invoking it costs nothing. Not invoking it, as this footage demonstrates, gives prosecutors material they would not otherwise have. The offer to pay alone is enough to frame a consciousness of guilt argument at trial. Refusing to identify yourself after a lawful arrest is not a Fifth Amendment right in most states. The Fifth Amendment protects against compelled self-incrimination on the underlying charge. It does not cover your name on a booking sheet. That distinction has consequences. Loss prevention documented 30-plus incidents over 3 years before issuing a trespass ban. A civil trespass action removes a repeat offender from the premises without requiring criminal prosecution. That option was available from the first documented incident. It was not exercised until after this arrest. 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 courtroom content.