Yeah. No, we have we have footage of her ticket switching, putting another ticket on another item. >> Um, we've had uh >> she's she had I don't know if she bought it earlier or not, but I have consumption. She dipped it or she tossed the product into an aisle and then she just started eating it and everything. >> Okay. But we can't prove that. >> Yeah, we we just have for sure ticket switching >> and concealment. >> And conceal it. Yeah. January 9, 2024, Tampa Bay area of Florida. Surveillance documented a shopper switching clearance price tags onto higherpriced merchandise and concealing a separate item in her purse before police arrived. Hi, how are you? >> Hey, how's it going? Put your arms behind your back. Put your arms behind your back. >> What's happening? >> Excuse me. >> Why? >> You're being a pain right now. >> For what? >> Excuse me. >> For theft. >> For theft. >> Dad, can you please help? for theft. >> What the heck is going on? >> He literally just paid for everything. >> Yeah, I definitely paid for my >> Excuse me. >> So, we'll see what they >> Yes. Okay. >> Why? Okay. You haven't committed any crimes? Let me just double check these before you sit down. >> Okay. Like I said, we'll figure it all out. Yeah. See right there? >> Sure. >> Take a step forward. >> Wide step apart. >> So, I did a couple things over. >> You can just take them out, right? And then it's fine. >> Okay. Now, now >> I don't go to jail for that. >> Got to see me if she if you don't go to jail for that. >> I mean, what if I pay for him real quick? >> Why didn't you pay for him? >> Because I didn't ask. I'm sorry. >> Another crime arrested. I'll pay I'll pay for whatever she had a chance to pay for. >> I'm sorry. That's just >> I mean I didn't pay nothing. >> Okay. So, I mean, >> yeah, she scanned it for 94. >> It's $94. cuz she scared his name. >> That's like saying, >> "Yeah, I killed him." But I'm sorry about it after just cuz we're sorry. No, you can't. >> I have the money, dude. I wouldn't even pay for >> I lied. So, this is one thing that SC took anything. >> You pay the full price for everything. >> I mean, I got clearance stuff. Were the clearance tags on them already when you picked them up? >> Yeah, we went shopping in the clearance in all the different clearance areas. >> I'm going to explain something to you guys real quick. Okay. The officer is going to question both of you about everything that happened today. Before you give the answers, I want you to stand up. You stand up. >> Oh, yes. >> Yep. Come over here. >> Look at all these cameras. >> Okay. We've been watching you the entire time. Have a seat. So before these officers start asking you questions and before you answer, keep in mind that that's all those cameras you've been watched the whole time. Excuse me. So before you give answers about tags are already on things and you just paid clearance item for them, you might want to think real long and hard about the answers you give. Okay. All right. Yes, we're good. >> Wow. Yes. >> I mean, >> I know. I'm sorry. >> I mean, >> stupid stupid stuff. Like, I mean, I didn't even [ __ ] >> since I'm since you did, I guess obviously see what's going on. You can clearly see I didn't do anything. Come back. >> The officer's got to talk to you about all that. >> Okay. Where's your ID, sir? >> I don't have any. >> You don't have any ID? >> Yeah, it's in my wallet. >> In your wallet? Which one's your right there? >> Yeah. Really uncomfortable for me. You know what I mean? >> Well, when you are privy to crimes being committed. >> I listen, I'm not listen. I do not have nothing to do. I promise you, dude. I don't >> He's going to talk to you about it. Don't worry. He'll talk to you. Am >> I going to jail, too? >> I don't know. I can't answer that. >> You didn't steal anything. >> I literally paid for my license. >> How'd you guys get here? >> Right. >> Vehicle. >> The vehicle. Who drove? >> Huh? >> Who drove? >> Whatever was in there. >> You did. You have a valid license. I don't have any or anything. >> Where's I just don't know where it is. Everything that's right here is all in their purse. I went back a tire. I mean like I got a couple things. She got a couple things. I paid for it. I mean you come snatch me up like I came out like two years ago but I don't want to go back to jail where you >> huh you for well from my baby mother and me I was for 13 years it was verbally but it wasn't it wasn't real I was my own house I was with my mother for 13 years we had three kids together my oldest son's about be 18. My son's going to be 13 and my daughter my daughter is um 10. She's 10. Me and her are still right to this day. But she just you know we're going through a separation and she's a little um psychotic. What? Have you looked up the police report on that? It's not even It's not trauma. >> So, was he with her at any time when she switched tags? No, near the end in a sense and this area, but the whole time it was just her doing all the stuff while he was in this area in the auto section doing whatever he was doing. No e monetary value for a obviously if it's not a felony. >> Not a felony. >> Okay. I don't think they reached the threshold. I don't think they're at 750. If they're not at 750, I would have to add them. So, totals. This one's 48 bucks. This one's 143 bucks. Show me for a second. >> So, you live all the way in South Tampa. Why you coming here to shop? >> I had to get a tire. >> They don't have tires. >> They don't have tires. One more time. I don't have a problem there. Go straight up. I know. Reminds me of remember that uh that guy off of you. >> So, for right now, I just need you to collect your stuff. You're more than welcome to wait outside to see what happens, but for right now, you are free to leave. >> Okay. Is there any Is there any possible way that you would be free? >> We'll talk about that outside. Okay. Yes, sir. I'm more than willing to pay. >> Okay. Yep. We'll talk about that stuff outside. >> Whatever the cost is. >> Yep. >> All right. If you just want to wait outside and give us a few minutes, I'll be out to talk to you. Okay. >> So, this is what's going to happen. I mean, we have a program is called ApoE. It is for first time offenders. So, if she's a first time offender in theft, >> yes. >> She'll be APAD eligible, meaning she's going to get almost like a court date for community service. Okay. Uh and as long as she fulfills all her obligations, uh it won't count against her record. >> So, she won't be arrested today. >> If I'm waiting for dispatch to confirm. >> So, uh I'm assuming you guys came here together in a vehicle. You want to wait in your car. You want to wait out here. I would like to wait to see what happens. >> Okay, I'm going to close this door. Anyway, >> my man, that's something you should have talked to her before this [ __ ] happens. >> I mean, I'll pay. >> I don't, bro. This ain't my store. >> I get it. >> This ain't my store. You know what I mean? That's that's that's Walmart. Walmart wants to continue. So, we're do they want they're not willing to take >> That's what we're That's what we're going to talk about. All right. This way right here. Did you pay is that stuff you paid for? >> Yes. I'm double check her have to read you something. Okay. [music] >> No, don't read it. They'll literally pay you everything. [clears throat] >> All right, ma'am. You have the right to remain silent. Do you understand? >> I need a verbal yes or no. >> Yeah. >> Yes. >> Yes. Having these rights in mind, do you wish to talk to us now? >> You wish to answer any questions? >> I mean, if you have questions, yeah, but I'm pretty sure you just already decided what's going to happen. So, >> so he just needs a verbal yes or no if you're willing to because >> Yeah, that's fine. I don't care. >> Well, you know why you're here. You know why you're in handcuffs. Okay. Um, we have reason to believe that you committed theft here at the Walmart. There's there's video evidence of of of you putting an item in your purse. >> I did. >> There is video evidence of you putting tags on merchandise that did not belong to that merchandise. I paid [clears throat] a cheaper price. >> I didn't touch that. He didn't know about that honestly. >> And that's why he's not in cuffs. Okay. So, >> did did was this a spur of the moment thing? Did you plan to do this? >> No. I just just >> you saw somebody else do it before. You're like, "Let me try this out." >> I had a friend who had done it and it seemed like a phenomenal idea, which I'm sorry that's ridiculous. I'm sorry, but it I >> It's obviously not a phenomenal idea. No, >> I won't do it anymore ever again. That's crazy. >> So, when you walked into the store today, was that your plan >> to switch? >> Not really. know, but once when I hit the clearance style, I kind of just remembered that. >> Okay. >> I'm sorry. This sound it just sounds ridiculous the way to it. I'm sorry. >> So, you you went to the clearance aisle, you saw, hey, these prices are a lot cheaper. Let me take these stickers and put them on higher priced items. Is that correct? >> Yeah. >> Yeah. I guess >> it's not like I had a conscious stream of >> regular stream of consciousness about it. I just kind of was like, "Oh yeah, she did the thing. I wonder if that would work." >> How'd that work out for you? >> Did not. Has not yet. >> Okay. >> Don't play much. >> I'm Have you been arrested before for theft? >> Yes. However, it was um I forget the word for it. It was >> dropped. I don't I'm not >> Was it in Hillsboro County? Pon County. >> It was Hillsboro. >> Okay. >> The security guard at the Walmart down there. We went to the same high school and they he had a picture of me looking at something that I later bought, but because I bought it later, the receipt didn't help me. I had I was window shopping one day for it and then I went back. Anyways, it's the last I ended up paying restitution of 20 whole dollars for the bicycle headlight that I had already purchased. >> When How long ago was this? >> Few months. Few months back. >> Okay. >> That was a whole headache. I guess it's kind of like >> So, as of now, >> you guys are >> You sure that waiting just to find out what happens? >> So, as of now, you have >> you put $48 worth of merchandise in your purse. >> Holy [ __ ] >> That they scanned. >> I had no idea. and you switch tickets and scanned items that are worth $143.98 >> that you uh >> Can you just pay that? >> That is not up to me. >> Okay, that is up to the store. They're they are the victims. >> I'm so sorry. I never do it again. I swear he'll pay you to less than 200. >> No. >> Is there anything that I can do? anything at all. >> I feel like it's got to be something like a Walmart commercial. >> They refer the the tinks the folding knife. >> Yeah. >> The off and the clear view. >> The off the purple one. >> Yeah. So that's that's what they scanned. So, it's $4 I'm sorry 98 49. >> I'm let you guys look at her items to see if uh you grabbed all the stuff that she >> Yeah. Yeah. [clears throat] >> You grabbed other items. Okay. I didn't see. >> So, this is what's going to happen. Okay. We're waiting for confirmation from >> You guys can't have anything to do with paper or not. And they can't say anything whether I paper or not. It's like who is that up to? >> That is up. That's a Walmart. If it's a Walmart policy, >> I see a policy. Is there an actual policy about it or do you guys just not want to let me do it? >> Okay, this is >> I'm trying to be I just really don't want to go to jail for this. >> This is what's going to happen. Okay, I'm checking with dispatch. If you have no prior theft convictions, we have what's called an APAD uh program. It stands for I don't even know what it stands for, but it stands for something. >> It's like a >> it's a diversion program. Okay. because the jails are full and they want to have one time offenders learn their lesson. It's pretty much >> I will tell you I did go to jail for that theft I told you about but it was dropped. >> Okay. Did you do you have her name? >> Yes. >> By any chance? >> Yes. >> So APA is only for prior has nothing to do with anything else. >> No, it has to do with >> I don't have any of those. >> Well, no charges. April >> was supposed to do with the drug drug stuff and >> it was all drug. >> So there's no case. Um >> there's nothing withstanding. >> There's nothing that tells us the status of a case. >> What? >> I literally was in jail for it and it was dropped. Like it was it literally >> I was um I was at a park and the police came up on me and my boyfriend at the time and there was no no there's paraphernalia around us and they tested it and it tested positive for whatever and so they arrested us for the stuff that was around. It was at a homeless camp so like there's a lot of there. You know what I mean? Sorry. >> So here's going to happen. You're going to be trespassed from the store in this parking lot. If we see you anywhere in the store or near the parking lot whatsoever or in it, we're going to call it so. >> Do you have one? >> I do. >> And it's going to be indefinitely by >> they call we spot you here, we're going to check it. You're going to get arrested for trespassing. Okay. So, don't not come back here. >> So, now I'm dispatch is going to check cuz >> Tampa doesn't [clears throat] tell us the disposition of that felony. >> Yeah. >> Okay. Well, >> if they can't confirm it, I can't take your word for it. How would they not be able to confirm that? >> Cuz Tampa doesn't talk to the rest of us. >> So what if what if that you're going to talk to Tampa, right? Like >> they're doing all the talking. Yeah. Dispatch is trying to figure out the disposition. >> They can't like get a hold of Tampa. Is that what you're saying? >> Correct. >> Tampa would kiss my That was the case. >> So they're they're going to figure out jail. >> But you wouldn't have gone to jail if you didn't push. >> Sorry. No, no, no. I mean, when I went last time, I I was there. >> You got her in. Okay. So, >> I build out on the um >> Let me explain the program. >> In the event that you are eligible for the program. >> Okay. Uh and let me get this out of the way. I get no pleasure in taking people to jail. I get I get paid the same. Whether I'm drinking a coffee or I'm putting you in jail, right? Putting you in jail is more paperwork for me. >> Mhm. I don't want to do that to you. >> Okay. Well, you shouldn't shop with me. >> I should not have I should not at my Walmart. Uh, so the APAC program, they're going to check if you're eligible, if if you're eligible or what not and you figure that out. It's almost like a community service. You are agreeing to present yourself to court. >> Do that voluntarily. >> You're you're you're um telling the courts that you're going to show up when they tell you to show up and you're going to do whatever they tell you to do, whether it be clean up the highway, do whatever you got to do. >> And then this charge does not stay on your record because you fulfilled your APAD. uh criteria. Okay. >> Um >> I don't want to have a record. >> If you are not eligible, then you're gonna be charged with theft. You're gonna go straight to jail. >> Right. Right. So, I have zero record. I know this for a fact. Like, it was everything was completely dropped. They couldn't they there was no weight. I didn't have any drugs on me. It was just paraphernalia that was at the place where I was. So, they couldn't there were no nothing they could actually charge me with. You know what I mean? Cuz I didn't have anything on my person. I didn't have any There was like a baggie they found next to me. >> Charge. Yeah. So, >> oh, your APAD cheat sheet. >> My little APAD cheat sheet. Uh, so >> you look so familiar. I'm sorry. I'm like weirdly looking at you. I'm not trying to. I'm sorry. >> Convictions must be uh reviewed to determine eligibility. No misdemeanor convictions within 2 years. No felony convictions within 5 years. Withhold of adjudications is considered a conviction. No disposition will require for further investigations and no sexual offense. >> None of that. What's withhold of adjudication? What's that? like that they decided pretty much like not to prosecute the gun unit. They're like, "Hey, we're not going to do not going to do charges." So like the charges weren't dropped. It's like it's kind of like It's weird to explain without dropping. They just >> Yeah, pretty much. It's like keeping like the history. >> It's like keeping the history and then warning, >> but it's like saying like, "Hey, like we can put this on your record, but we're like pretty much like not going to." >> It's like the court like almost like doing you like a favor in a way. That's how get a jail free card literally. >> Yeah, pretty much. >> Could use any one of them. He said that does not count or that does count. >> Does count. >> So, you can be in the program if you >> No. So, if you have a withhold, it's considered a conviction by the >> I don't think that's what happened with me. I'm pretty sure everything was just dropped or released is what is released? >> They let go of you. >> Is that No, I'm sorry. I'm just trying to remember what it said on the thingy and the >> um I was trying to look at her clerk report. Her misdemeanor shows the little prosecution >> and then the uh but the felony one doesn't say anything just >> so I'm going to try to put all your stuff back in here. Okay. >> Okay. >> Do you know anything? >> Are you still waiting to hear back from them? >> Just cuz it's Stanford's a different company. >> I know they suck so bad. Why don't they talk to you guys? Everyone's so much nicer here. Really? >> Well, it's like they do, but it's a different uh district court, so they type things up a little differently. >> We're not waiting on Tampa PD. I say Tampa waiting on the courts. >> I got it to do with Tampa. >> Your systems don't like sync up. >> I'm going to put her in my car. You might wait there. Just get last minute info. Come down and just wait to see what's going to happen. >> You saw that before >> this. I'm going have to >> possible weapon type stuff. >> This is going to >> Wait, the bags of >> Yeah. >> creams and sprays. >> No, go. >> Okay. >> Um, so if you want to leave the bag, >> some of them are were already mine. >> That's fine. But they can't go. >> Oh, you can't take them. I got you. >> Right. I'd like you. You want to be ready. >> So, in the event that you do have to go to jail, >> this is already out. You're gone. >> In the event they say, "Hey, you're you're good. You're going to get a padded, >> which is totally going to happen. >> We just put this in another bag. Now you have two bags to take off. >> That's totally fine. That's what's going to happen. >> I'm going to I'm going to take you outside with me. >> Uh Okay. >> Um also, I'll give you the trespass paper that you took from me. >> Yeah, I'll I'll fill this out. >> Yeah. Okay, cool. I just don't want to. >> No, I'll hear. >> I have to. Yes, sir. >> Yep. Just cuz >> um dude, what where's Stephen? Do you know? >> I can't even tell you. >> I don't know what he I don't know. What does he drive? >> And there's a big trailer on the back of that. I don't say that much. >> Pickup truck, SUV. >> Oh, Land Rover. >> Why would he just leave like that? No, he wouldn't pick. >> He's probably waiting. >> Yeah. >> Um if you do see him, will you let him know what's what's going on? >> Let me >> I hope he doesn't see me getting put in here right now and freak out. I hope I don't freak out right now because I this is >> I'm going to be in here with you. >> Oh, good. >> Yeah. So, it's not it's not just uh >> Yeah. >> shorts on under here, so >> you good? >> Yes. >> Okay. >> Florida statutes section 81 12 0 15 subsection 3 permits merchant detention of a suspected shoplifter. Probable cause, reasonable manner, reasonable time. loss prevention met all three before any contact was made. Florida statutes section 812 015 subsection 8 prohibits altering or transferring any price tag on retail merchandise with intent to deprive. The broader section makes concealing merchandise inside the store sufficient for theft exit is not required. A warrantless arrest is constitutionally permissible under the fourth amendment when probable cause exists. The officer reviewed surveillance footage with loss prevention before approaching anyone the foundation was in place before the stop. Before Miranda warnings were administered, she volunteered, placing items in her bag already in handcuffs in a back office. Burkimer versus McCarti establishes that as custody, and whether officer conduct prompted that statement controls admissibility at trial. Miranda versus Arizona requires four specific warnings before custodial interrogation. the right to silence that statements may be used in court, the right to an attorney, and the right to appointed counsel. The officer delivered all four. Burguse versus Thumpkins holds that a suspect who receives the warnings and speaks without invoking silence has implicitly waved it. She acknowledged the warnings and answered every question the waiver is valid. Proximity to a suspect is not probable cause. Surveillance placed the companion in the automotive section throughout the tag switching sequences. no individual basis for arrest attached to his conduct and the officer released him. Under Florida statutes section 7 9225, only ballistic or automatic self-propelled knives are prohibited. A standard folding pocket knife does not qualify. Whether the knife in this case met that threshold was never established, and no weapon charge was pursued. Florida statutes section 94801. A withheld adjudication requires a finding of guilt first. that is not a dismissal and that distinction controlled her diversion eligibility. Florida statutes section 812 015 subsection 8 requires intent to deprive transfer of a price marking and merchandise she did not own. Her confession supplies intent surveillance supplies the conduct. Every element is present on this record. Just under $192 in documented value places this between $100 and $750. Petite theft first degree under Florida statutes section 812 014 subsection 2 paragraph D a first-degree misdemeanor maximum one-year county jail and a $1,000 fine for a first-degree misdemeanor in Florida without diversion. The realistic outcome is a fine and possible probation. She was ordered to pay $550. The trespass notice operates independently of the theft charge under Florida statutes. Section 8109 returning to the store or its parking lot constitutes a separate first-degree misdemeanor. It survives case resolution. Loss prevention receives an A minus for thorough multi-angle documentation before any confrontation. The deduction pre-arrest commentary captured on body cam creates civil liability exposure in a wrongful detention proceeding. The officer receives a B+ Miranda was complete. The companion's release was legally justified. The deduction, a pre-warning exchange while the subject was in handcuffs, produced a volunteered admission before warnings were given. The subject receives a D, a deliberate scheme, a full post Miranda confession, no invocation of silence. The companion receives a B+, uninvolved, cooperative, and released on the evidence. A withheld adjudication follows a finding of guilt. The difference between withheld and dismissed determines diversion eligibility. Obtain your written court disposition and know exactly what it says. The right to remain silent exists from the first moment of custody, not only after Miranda warnings arrive. Invoking it once, clearly costs nothing and cannot be used against you in court. 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