Hey sir, how are you? Don't hurt yourself now. Yeah. Stand further this way. Just stand back out this way. I already got that. I want to get it on top so they can see it. You know, wonder. Oh, what's that? >> Palm Beach County, Florida. August 29th, 2023. Two adults detained at a Walmart after loss prevention observes them leave without paying for a cart full of merchandise. Total value documented $958.37. Heat. Heat. Heat. Heat. Heat. Heat. What do you want to do? >> Well, I got wait here. Heat. Heat. Let's walk back to the office. Grab that car. Y'all, let's walk back. Have mom. She can come to customer service and bring her seat. Let's walk back. Let's follow him with the best. Yeah, they not producing that right now. How old are you? How old are you, sir? >> 21. Both of y'all 21. All right. So, listen. Who Who What's the response that mama is saying? You need to show me that now. I'm going place both you under arrest. >> Show me the response that mama send. Y'all got to show me something now. >> That's my cousin. >> That's your cousin? >> Yeah. >> Show me the response that your cousin is saying with a receipt. Don't let us go through all this because if you give us a hard time, you're going to wind up in jail. >> Just just be honest with us and we'll get >> Only person I want to talk to is who paid for it. That's it. >> We need to receive that. Hang up. >> Both of y'all under arrest right now, right? >> You got any weapons? Anything? Stand up. Over there in the corner. Have a seat. >> All right. All right. Good. They shooting by your house. Close by knife and golf. They shoot knife and golf. They shooting right. It's close by. You right. You get that's in the west. That's be my area. My first 12 years. Where were you born? I got to verify who you are and everything and I'll let you use the phone. I really don't like people using the phone when they under arrest cuz I don't like family members and all that [ __ ] showing up. >> Yeah. 977. >> Yes, two by name. >> Have you been stopped in at a Walmart before? >> Walmart. >> Any Walmart? >> Yes or no? >> All right. So, I'm going have to bring somebody with a fingerprint reader here. >> If you lying to me by about by about by your name, I can guarantee you going to go to the Canada night for a felony grand theft. All right? I'm just telling you, you be honest with me. Tell me your name, this will go over a lot smoother. If I got to call a deputy to come here with a fingerprint reader, you going to piss me off and I'll spend my time typing and adding charges. It's up to you. 97 97 Yeah, but it's going to be a while. We got two baskets full. We're just getting started. I'll take your correct name. Come over here. >> What's your right name? I >> Your first name. >> W I L K E I O U S. >> V I O U S. >> St. Germaine with J E R. G. >> Yeah. >> M. >> Yeah. >> Were you born in Middle Earth? >> Sure. Why you [ __ ] with me, man? Huh? >> Huh? So, why why you [ __ ] with me, boy? Why we got to go through all this? You still gave me the wrong [ __ ] after. >> So, this is just for me. No. >> No. You under going with you, right? >> Yeah. Oh, yeah. Yeah. Definitely going with you. You got warrants anyway. Guess what your warrants for? >> What? >> Lying to the police. >> You got warrants for giving a false name to the police. >> Oh, they also got alcohol. >> They got alcohol. Let me see. >> How old are you? Your health. >> I'm just You got one. >> Oh, you guys are 21. >> Oh, okay. >> All right. What you say the total is? >> Uh, what was the total? >> Uh, this ain't this ain't no missed either. Oh, >> it's 95837. >> Anything over 750 or >> Oh, I thought it was a,000. Damn. Nice. No, no, no, no. He got warrants anyway. I don't know about that. [laughter] This shows Sir, how are you? Don't hurt yourself now. You guys Yeah. Just stand further this way. >> Huh? Just stand back out this way. >> I already got that. I want to get it on top so you can see it. Just wonder. Oh, what's that? Heat up here. Boyfriend. Boyfriend. This is all business, right? like one little thing or something, you know, that when you're going out [ __ ] like that big, cocaine. >> Yeah. They don't have Yeah. dispatch cell phone. Oh yeah, I guess that's 49. Okay. I'll do his. >> Yeah, that's correct. >> We can transport together. Yeah. You have any jewelry? No earrings, necklaces, piercings? So, this is the only property you have. You have nothing else here. It's easy. They go county. So stress warning can't go back. Those are really no name Heat. Heat. Roger in the wheelchair. Yeah, he's been lying since I started working. He used to be off the nightclubs and telling the girls he had a penthouse in Palm Beach. His address goes to 213 213. matters. One of those places. Yeah, he's homeless. Um, as a detailed just I'll take it. Yeah, he sleeps behind the business right there on Day and Dixie. They have like a little patio with tree go there and sleep at night. We about to get some sleep there real quick. >> How you doing? >> Yeah, I just saw her and her friend was so >> And you said it was over. wasn't used on it was over. >> Yeah. So, it's a felony. So, we have to take jail. If it's a misdemeanor, we can usually get sent home on their way, but I guess it was over the felony amount. So, now we have to take Walmart wants to press charges. So, but uh usually happens I guess she says first time arrested. So, she talk to a judge in the morning. Judge will probably let her go. Who was the who was the um >> I don't even know him. >> I haven't seen before Jones. He's doing the paperwork right now. He's in there right now doing paperwork. >> Jones J O N S. Yeah. He should be almost done. And then take out the car and I'm going to drive over. Yeah, I'm driving. He's working the detail here. So, he's he's doing the arrest paperwork. Once he's all done with that, I'll give you a paperwork and I'll take both of them my car drive. All right. Any other questions? I can help you with it's it's a felony. It's a felony. We have to take if it's a mis like let's say a pack of gum. Okay. That's a misdemeanor. Here's your court date. She has >> they working together. So that's why together >> they were separate and she was by herself. She only had a few things then yeah that's an option. We give them coordinate. Usually try to do that as long as they're cool with us. You don't give us our time. We give them coordinate. We send them on our way. So >> and nothing ever came up cuz we supposed to touch them. >> Well I mean we have to rest. >> Okay. How much was it for? I know that sit back. Reason why we got a seat. >> Yeah, you can only sit. Okay. >> I can't hear you. >> You can loosen these loose. >> These are loose on that is >> Oh, this one right here. >> Yeah, that you can move your wrist your arm around. >> Yeah, that's just the way it costs feel. >> Florida's retail theft statute gives merchants and their employees authority to detain someone they have probable cause to believe committed retail theft. Two constraints define that authority. Reasonable manner and reasonable time. That authority exists for one purpose, holding the subject until sworn law enforcement arrives. Loss prevention personnel are not sworn officers, and their authority ends precisely where the statute creating it ends. The moment deputies assume custody, the fourth and fifth amendments govern what follows. The constitutional framework for emergent detention and a formal police arrest are not the same document. Miranda vs. Arizona established that before custodial interrogation begins, officers must advise the subject of the right to remain silent and the right to counsel. No such advisement appears in this footage before questioning resumed following the formal arrest announcement. Rhode Island versus Innistro as any question reasonably likely to elicit an incriminating response, who paid for it, and where is the receipt? Both qualify. Neither is a booking question. Pennsylvania versus Munes recognized a narrow administrative exception. Name and date of birth asked for booking purposes fall outside Miranda's reach. Questions about the transaction and a missing receipt do not. Florida's false identification statute makes it a misdemeanor of the first degree to give a false name to a law enforcement officer during a lawful detention or arrest. The male subject gave a false name multiple times after being warned that fingerprint verification was already in motion. Summoning a fingerprint reader was procedurally correct. Biometric identification removes the subject's cooperation entirely. Whatever name he provided, the reader would surface his real identity and activate the existing warrant. Florida's theft statute permits aggregating merchandise value when multiple persons act in concert, meaning two subjects sharing two carts combine into one total. The female subject's individual share may not have cleared the felony threshold alone under the aggregation provision that is irrelevant. The merchants's privilege statute does not include an interrogation component. Questions about who paid and where a third party is located belong to sworn law enforcement not to store personnel conducting a pre-arrest hold. $958.37, $28 above Florida's $750 felony threshold. Grand Theft third degree is confirmed by the documented total and the felony classification follows as a matter of statute. Grand Theft third degree requires proof that the subjects knowingly took another's property with intent to deprive where value meets the statutory minimum. Loss prevention directly observed departure without payment. No receipt was produced and the value element is satisfied by the documented total. The male subject faces a second charge under Florida's false identification statute. He was under arrest, gave a false name to a sworn officer multiple times after an explicit warning and arrived carrying an active prior warrant for committing the same offense before. Grand theft thirdderee carries a maximum of 5-year state prison and a $5,000 fine. state prison, not county jail, a distinction that affects voting rights during incarceration, employment background checks, and housing eligibility long after release. Florida's criminal punishment code scores this offense at a low severity level. For a first-time offender with no violent history, probation is the realistic baseline, and the female subject without apparent prior record likely lands there. The male subject does not reach that baseline. A prior false ID warrant eliminates first offender eligibility, and the repeated false names given after an explicit on camera warning give the state attorney grounds to seek active supervision or county jail. Officer Jones receives a B minus. The arrest was legally grounded, the warrant check was run, and fingerprint verification was correctly summoned. Two things cost the higher grade. Profanity during the identity exchange, and no audible Miranda advisement before post arrest questioning resumed. The loss prevention officer receives a B+ evidence secured immediately. Camera coverage deliberate and coordination with law enforcement prompt. Composure under a confrontational twoperson arrest kept the situation controlled. The male subject receives a D. He shoplifted nearly $1,000 of merchandise, provided law enforcement a false name multiple times during a single arrest, and arrived carrying an active warrant for the same false ID conduct from a prior encounter. The female subject receives a C minus. cooperation with identification and inventory counts at the booking stage. It does not alter the felony charge or the aggregation provision tying her to the combined total regardless of individual contribution. The receipt is the only thing that distinguishes a customer from a detainee at the exit door. If it exists, produce it immediately. And if the person who paid is elsewhere, that answer moves nothing. The officer has merchandise and no corresponding payment record. A false name is a crime. Providing a false identity here did not reduce the male subject's exposure. It added a charge because giving a false name to law enforcement during a lawful detention or arrest is a misdemeanor of the first degree under Florida law. Prior contact with law enforcement does not disappear. The existing warrant activated the moment his real identity was confirmed and what happened in a previous encounter did not stay there. It followed him into this one. Miranda's protection requires an affirmative act by the officer when a formal arrest has been announced and questioning continues without that advisement. Statements obtained may be suppressed at trial. The right and its delivery are two different things. Loss prevention authority has a legal ceiling. A merchants's privilege is not a police arrest or personnel can hold, observe, and summon law enforcement, but custodial interrogation is not within their grant. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching and do not forget to check out our channel for even more police interaction and courtroom content.