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- 2026-10-22 23:44
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You can I can take you to my car. I did not take anything at all. >> Yes, ma'am. We're going to go to your car. >> Okay, come on. >> Um can we just check the other pocket? >> Go ahead, sir. I did not take any glasses. I promise you. >> Yeah, you're on video taking them. >> Yeah, but I put the glasses back, sir. >> It doesn't matter. You're on video taking them. Where's >> On January 21st, 2025, officers in Naples, Florida responded to Coastland Center Mall after a Sunglass Hut employee reported an act of theft. What followed was a 13-minute encounter, a felony charge, and over $2,000 in recovered merchandise. The real issue here is not whether the glasses were returned. It is what was found in her pocket that changed the entire legal picture. >> Where's the open this bag? >> Yeah, there's nothing inside this bag at all. >> Okay, yeah. I'm going to check your pockets for >> It's my stuff. >> I'm going to check your pockets for the glasses. >> Okay. >> All right, so we're going to go out to the car. >> Okay. >> Okay. Where are you parked over at? >> I'm taking you I don't really know the area, so >> All right, go out go out this way, then. We're going out this way. Cuz I have another officer coming. Or we can walk around [clears throat] here. Go out this way. >> Can you ask him if he'll sign a sworn statement for the stolen glasses if he don't have them and see if he'll press charges? >> We're about to walk this way. >> Okay. What kind of car is it? >> It's a Altima. >> Can they meet you over here? >> It's a Altima. >> Okay, yeah. I'm heading your way. >> She was out of the mall. The car is open. >> Okay, I'm on my >> I can see it from the doorway. >> Do you have an idea on your You said it's in the car? >> Yeah. >> Where's it at? In the parking garage? >> I let them search all of my stuff. I did not have any glasses. Where you live? Oh, no. This is not the first I feel disrespected. I did not take the [ __ ] glasses. So, if I don't find the glasses, I can leave, right? Because I don't have any glasses. >> No. Charlie 60. So, you're on video the glasses in your jacket. They're not in the store. >> Yes, they are in the store. I put the glasses back. >> So, if they they want to press charges, then they can press charges here. That's for the glasses. You're on video taking the glasses walking out of the store with them. >> I did not walk out of the store. >> Going on 999 on strike and charging. >> Where's your vehicle? >> She moved the car. >> All right. Come over here. Put your bags up there. You can hang up the phone right now. >> I'm going to call you back. >> Turn around and hang up your phone right now. All right, so you Put your phone up on the car. >> Can I at least let you search the car? You can search the car with the car. >> No, I'm not going Give me a second. >> 300 13 in the back. >> 300 15 in the back. >> One second. >> No, I'm saying can I make a call to my grandmother? >> 300 19 in the back. >> Yeah, but I want to >> at all. >> Just turn your hands inward. There you go. >> At least let let me make a phone call to my grandmother. >> Okay, you can wait. Do you have anything on us that's going to poke us, stick us, anything like that? Okay. >> Can I at least make a phone call, sir? >> Turn around. >> I just [laughter] want to let my grandmother know. Yeah, please. >> I know what that is, so >> Yeah, I know what that is. >> So, you will be arrested for that a lot. >> go ahead. Do you have anything on you? >> No. Can I at least make a phone call, sir? >> Yeah, why don't you make a phone call to whoever has a vehicle to come over here to get your ID. I'm just putting them on. >> Can I give you my name? >> Yeah. >> Can I use my cell phone? >> Okay. >> You want to call your mama? At least I can get my kids, please. >> You want to call her? >> Call my kids. They at a friend's house, please. >> What's your birth name? >> J A V O N >> J A V O N >> S H A Y E >> S H A Y E >> D A V I S >> He stole me from somewhere outside. >> She took two pairs on video, put them in her pockets, walked directly out of the store and said she doesn't have them. So, she probably met with someone passing by and handed them off. That's what one of the other girls told me outside. And we want to see what vehicle they're driving because she fits the same description that's been stealing Coach purses in the mall, but she also had the burglary device on her. So, I'm going to want to charge her with this. >> It said the people from um the two girls that take it. Twin? >> Yeah, I don't know if that's part of it or not. I know I was trying to get You said it was a what? Ford Edge or something? Or a Ford Explorer? >> Volkswagen SUV four door >> That's That's the three that I had last week run out of Macy's. And that's the pictures. >> They look the same. >> They look the same, right? We have the same one. >> She's saying she had a Ultima. >> Yeah, but I know she doesn't have ID and I want her ID, but she's She could be giving anyone's name. >> Do you think you'll let me make a call? No, we don't. That's not a thing, no. When you get to jail, if that's whatever decision they may take, that's when you make a phone call in there. >> I'm talking about now so that I can have my grandmother pick up my kids, please. I'm not What I'm trying to tell you is I'm not the officer, it's him. He already told you to wait. So, you you have to look for him, okay? >> Okay. Well, what if they see the one that pressed charges? >> Oh, okay. >> Maybe they don't They don't you know how they are. So, if they don't, there's nothing to do. >> Oh, yeah. >> So. I'm just doing this just in case. >> Yeah, yeah. And it all worked. >> You're here the one that's like the one? >> Yeah. >> I was lying. >> I know. I was I didn't know which way to go. I was like, he's left them golf shirts. Should I go to that or >> I had the other guys coming here. They were going to take it from me, but then the other one came out and the guy hit him some with golf clubs. So, let's see. >> They've been doing this for weeks, though. You know, Stinks usually presses charges. >> Uh, my ID? >> Yes, 305. >> You booked me on that, deputy? >> Take it. >> No. We're not county. No, I'm just kidding. >> [laughter] >> Um. Oh, no. He's gone. Yeah, I know. >> Pressure 504. >> Bro, this is >> Are you serious? >> Yeah. >> What's going on? >> I locked your phone lines up. So, I think I think I think >> Yeah. >> Well, I was saying this way and then I had that other thing so I couldn't ask her questions. >> That's fine. >> So >> Chat, hold on can you guys send someone to Pink for me? Pink? >> Victoria's Secret? >> Let me or um what is it? Victoria's Secret I guess. And see she >> Getting no receipts? >> About midway through, Davis is in handcuffs and the officer finds a magnetic security tag remover on her person. Under Florida statute 810.06, any person carrying an instrument with intent to defeat a security device commits a third degree felony. A magnetic tag remover has no lawful use for a shopper. And courts treat possession in a retail setting as sufficient to infer intent. Still, Davis said she had no idea what it was. That defense gets raised and it is exactly what the trial will turn on. That said, the officer confirmed the charge would stand whether or not the sunglasses were ever found. Locking in the burglary tools count independent of the theft count is what determines whether this case holds at trial. >> Oh, she still has some. >> Yeah, she tried to pop it off. So can you see if she will Is she paying for it? Well, now I She has no receipt of it. >> Okay. >> So, let me photograph those real quick first and then if you can see if they want to press charges. >> Yes. >> Um if they do just let us know we'll send an officer in there to this point save it. >> Okay. >> But I don't know if this is the only thing she could have taken a lot more stuff but Yeah, I know. Well, that's what I'm thinking as soon as they left sunglass hut they probably did a side swipe. So, she's not holding the product. And he got me immediately. I was having to be right there. >> [laughter] >> We don't know yet very much though. >> No. >> Well, I have her anyway for wearing a proper >> security device from uh from >> Sun Glass Hut. >> Oh, yeah. I got an auto lock. >> So, she had this on her anyway. So, I'll get her for that. >> It's a anti-theft I can't picture a fitting place. >> Yeah. Just pop the magnets off. >> You had that on her? >> Yeah, that was in her pocket. She said she didn't know what it was. >> [laughter] >> Then out here, she said she didn't know what it was. >> Fine, can you re-advise? >> Yes, we we got it. >> You want to >> This is from Nike, but you guys >> You got the receipt? >> What is that anti-theft >> What is that anti-theft >> I didn't Yeah. >> Well, there's no price tag on it, so she ripped the price tag off of them. I'm assuming you get out of uh That's what I think it is. >> anti-theft device >> What it all does is >> I can't catch up. >> It is a heavy magnet just to pop it off. Just pop it off. >> Jesus. >> Damn that. >> Oh, [ __ ] >> No, I'm just talking. >> anti-theft thing You know. >> Did you send somebody to her? >> No, I mean Oh, yeah. >> What's that? >> That's that auto lock. >> I'm 207. >> All right, I'm coming back. Thank you, sir. What's that? >> Do you need a proper receipt? >> It's fine. >> Um Yeah, cuz I have hard evidence. >> Um do you have We got a proper receipt available? >> I mean, I could do that. I could do that at the station. >> What I mean is >> I could do it at the >> You going to take it? You're going to take it seriously? >> I don't know. Six fish always calls me and I have to take it when I'm on my route, but No, but I'm >> Yeah, it's usually cuz you're being a >> I'm here, but I >> You didn't hear our phone. >> Yeah, they made me come in early. >> Same here. We're going to be getting out at 5. >> No, I messed up and came in the wrong time. I wish to press charges. >> On behalf of Verizon. >> You don't even have to do that. Just I wish to press charges. >> She's being trespassed. >> Yeah, she'll be trespassed from the wall. >> Definitely. >> Thank you. >> Yep. >> What I'm going to do is just sign this real quick and then if you want a photo of this for yourself real fast. >> Yeah, I can do that. >> This way you have the case number and stuff on it. And my information will then be on it, so >> Yeah, it's going to be theft, burglary, device. Yeah, two count two counts of that. >> So, theft theft and theft >> Yeah, it's re- retail theft. Retail theft and burglary device. Can you roll the window down real quick? Is that your friend that has the car? >> No, that's my cousin. >> All right. >> Can I please call my grandmother? I just wanted to let her know to get my kids, please. >> You got to wait. >> Could you loosen the cuffs for me? >> No, they have one finger in between. They don't get any looser than that. >> [laughter] >> Do you take any medications or anything? >> No. Ma'am, I really need the cuffs to loosen, please. >> I'll let him know. He already told you. If there's anything >> You're in the middle of this. There's not much we can do for you. >> But if you look at it, my if you look at my wrist, it's a long big cut on my wrist. >> Do you take any drugs? >> No, I don't. >> Have you made any suicidal statements? Have you made >> No. >> Do you have any hallucinations? >> Huh? >> Do you know Do you have any hallucinations? >> No. Sir, could you please loosen the cuffs? If you look at my wrist, you will see Please, could you please loosen the cuffs me? >> No, all I see is one finger in between and that's it. >> But if you look at my wrist, you could tell that it's it's a big I had surgery on my wrist. It's a It's a really big long cut on my wrist. >> Yeah, I told you it's my finger. >> It It goes from my wrist to my hand. >> the proper spacing in between. >> But I can't even move my wrist at all. It's It's hitting right onto my bones. >> No, that's wrong. I didn't find >> Do you have any drugs or weapons on you, ma'am? >> Give me your Give me your glasses. >> Under Florida Statute 812.014, theft is complete at the moment merchandise is concealed with intent to deprive the merchant. Davis admitted she put the glasses in her jacket. Her defense was that she returned them, but the law does not reset on the return. Davis voluntarily opened her bag and no glasses were found. Under Schneckloth versus Bustamonte, a search given freely is constitutionally valid. The empty bag did not clear her. It simply meant the merchandise was unaccounted for, consistent with a handoff to a companion. Under Terry versus Ohio, surveillance footage of a person concealing merchandise is enough for a lawful investigative detention. Florida Statute 812.015, the merchant's privilege, also gives store employees authority to hold suspected shoplifter for a reasonable time without civil liability. A second item turned up on Davis. Nike merchandise with no price tag and no receipt. Officers flagged a pattern of similar incidents at the mall. Florida Statute 812.019 addresses organized retail theft with enhanced penalties when three or more individuals coordinate a scheme. Davis repeatedly asked to call her grandmother to arrange care for her children. Officers told her to wait. Under Florida statute 901.25, the right to a phone call applies after booking, not during street level processing. While defensible, denying it created tension with no tactical upside. Davis reported a surgical scar on her wrist and said the cuffs pressed directly onto it. The officer cited standard policy. Under Graham versus Connor, a specific medical complaint requires a documented response, not just a policy citation. The failure to inspect or document that complaint is the kind of gap that shows up in a civil filing. The store employee pressed charges and signed a sworn statement. Combined with surveillance footage, that gave prosecutors a clean path to a felony case. The officer also issued a permanent trespass from the mall. Under Florida statute 810.08, any future presence on that property becomes a separate criminal offense. The officer made the right call at every legally significant point. Identified the booster device, charged it separately, secured the statement, and controlled the scene. The one gap was the handcuff complaint. Policy compliance is not the same as a documented response. Davis cooperated with the search, did not resist arrest, and stayed composed, but she kept talking. Every statement about the glasses, returning them, not having them, not knowing about the device, handed the prosecution additional material. The Fifth Amendment exists precisely for this situation. >> Lesson one, returning stolen merchandise does not undo the crime. Under Florida statute 812.014, theft is complete at concealment. If the intent was there, the charge holds. Lesson two, a booster device in your pocket is a felony on its own. Under Florida statute 810.06, possession of the tool is enough. The merchandise does not have to be found. Lesson three, if you are detained, stay silent. Invoking that right before a single explanation is the only move that costs you nothing and protects everything. If there is an interaction or a legal topic you want covered, drop it in the comments.
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