for potentially shoplifting. >> For potentially? Not for actually, potentially? >> Let me explain how this is going to go down, okay? >> Yeah. >> I'm going to hold on to your phone. So, you're going to be placed under arrest, and then you're going to be searched, and we're going to find the items. Either you can just give them to us now, >> Okay. >> or when we have an officer come and search you and find the items, then we can charge you additionally. >> September 4th, 2024. Milburn, New Jersey. A mall security tip. A matching description [music] and an 18-minute body cam that ends in an arrest. The real issue here is not whether she stole. It is whether the way this stop was run holds up under the Constitution. >> Bravo, do you have this? That's Bravo 2, 10-4. Bravo 2, 10-4. 385 East North Road, 140 North Road, 140 North Road, 440 North Road, Mitchell Road. And a small 48 North Road, their window of the parked vehicle. Owner of the side vehicle already identified by the license plate number. >> 701, dear. I got her outside Victoria's Secret now. Trying to catch up with her. >> Bravo, can you go back with that? >> She's walking towards Bloomingdale's. Um by Victoria's Secret. I'm trying to catch up. Hi, ma'am. Stop right there. Hi. I'm Officer Delekta, open, please. Just so you know, we're recording on body cam. Okay. Stand over here for me. >> Okay. >> Right over here. Okay. Um were you shopping in any stores today? >> Yeah, I just came to the mall. >> Okay. So, I'm just going to read your rights real quick. You have your rights here. Just listen here. You have your the right to remain silent. Anything you say can and will be used against you in the court of law. >> What's why is he recording? What's going on? >> Relax. Let me finish my statement. >> What's going on? >> I'm going to answer your questions after I read my statement. >> Hello? What is I'm in the mall. It's I'm on the right. >> Have you ever stopped by Crate & Barrel? >> CRATE & BARREL? I DIDN'T go into Crate & Barrel. >> Right. Are you going to listen or are you going to talk? >> Okay. >> Okay. So, you have the right to remain silent. Anything you say can and will be used against you in the court of law. You have the right to an attorney. If you cannot afford one, one could be appointed to you. Do you understand that? >> Yes. >> Okay. What store were you in today? >> I went into the Chanel and I went into I forgot where I went into. So, before that >> Yeah, I know. >> Okay. All right. Did you conceal any merchandise on you? Did you take any clothing? Cuz we're going to go to the store and look at the cameras. So. >> Okay. Hello? >> So, did you take any clothing? >> No, I did not. >> Okay. Do you just do me a favor and hang up the phone real quick while I'm speaking with you. Do you have an ID on you? >> I don't have my license. I have a picture of it on my phone. I recently lost it cuz it got >> That's fine. >> expired. >> Okay. Three, can you go to the store and confirm, please? >> What store are you talking about this happening? >> What store have you been in? >> I told you I went into Kay. I went into Aldo and Aldo. That was it. >> Okay. All right. Let me see your ID real quick. >> It's expired. >> Okay. >> It expired on my birthday. Thank you. >> I'm under arrest for what? >> You're not under arrest, you're just being detained at this time. >> Detained for what though, officer? >> For potentially shoplifting. >> For potentially? Not for actually, potentially? >> So, you're matching the description of somebody that reported shoplifting at our store. >> I just literally got to the mall. >> So, we're looking at camera footage right now. >> Okay. >> If you didn't shoplift, you'll be on your way. That's it. >> Okay. >> Okay. What's the phone number for you? >> My phone's going to cut off. >> The right to remain silent, anything you say can and will be used against you in the court of law. >> Hello? What's Why is he recording me? What's going on? >> So, what did you take from the store? >> I didn't take from what store? >> What's in your dress that you took from the store? You're on camera. >> What camera am I on, officer? >> Every camera that's in the store caught you putting stuff in your dress. >> In what store? >> The store that you were in. Let me explain how this is going to go down, okay? I'm going to hold on to your phone. So, you're going to be placed under arrest, and then you're going to be searched, and we're going to find the items. Either you can just give them to us now, or when we have an officer come and search you and find the items, then we can charge you additionally. >> Okay, and what happens? You know, it's my my daughter's birthday. >> Okay. >> My kids go back to school tomorrow. >> Is that why you took the items? >> Oh my my daughter's school and her birthday's tomorrow. >> Okay. Well, let's give us the items that you have concealed under your dress, and then we'll get you out of here as soon as we can. >> No, no, y'all are going to Y'all are going to arrest me. Like >> We are. >> So, do >> Either Either way, we need the items back, whether we get >> it right here. >> Are you Are they tucked in there, or can you just pull them out? >> Like I don't feel like I'm I don't feel comfortable doing it right here. >> Okay. All right. >> Is there like a corner I can go into? >> Let's go in this corridor over here, okay? I just need you to take your purse off real quick. You can keep everything in there? >> lose money. >> It's all coming with you. It's all coming with you. We're going to hold on to it. We're going to hold on to it. And again, like I mentioned originally, everything is recorded on body camera. So, >> My sister, Sherifa, >> Take this off. >> Call Mommy and tell him to say I'm getting locked up right now. Call Mommy and tell him about him just getting I'm getting locked up. I got to send you Dante's number, too. >> Okay. >> I'm in I'm in New Jersey. Call Kim in, too. >> I'll let you make a phone call when we get down. >> All right. >> Just walk with me. See that exit sign? We're going to walk right over here. Right here. Yes. And whatever you have, you just throw on the ground. >> Okay. >> Make sure it's all there because, like I said, you're going to get searched back there. And if you don't turn it over now, we're going to charge you additionally. Yes. Okay. Just confirm confirm that's everything. I said, confirm that's everything that's on you. Make sure that's everything that's on Definitely nothing else in there. Like that. It's a New York deal at the top. >> I was going to make it for my daughter's birthday. >> That's definitely it, right? Cuz I'm telling you you're going to get searched. She's going to go under your dress and Can you just take the dress off of you? You have pants underneath, right? Okay. >> So, I'm not exactly comfortable taking it off, but I have nothing on >> I'm sorry? >> I'm not comfortable taking >> You don't want to take it off? Okay. As long as I said, as long as What's this strap here? >> It's for my It's for the dress. >> Okay. All right. So, like I said, you're going to get searched when we get down there. If there's more merchandise, [clears throat] then that could be an issue. >> Can Can you just be honest with me? >> What's up? >> Am I going to make it for my daughter's birthday? >> Yes. Like I said, you were pretty transparent, right? You did admit to it. >> you her date of birth and her >> Listen. Listen. Listen. I'm going to work with you, okay? You were You gave me everything back, right? So, are you going to get arrested? Yes. You're going to get processed. I will do my best to get you out of here today, okay? Okay? It's All right. Just come over here and All right. Come over here and just stand on the wall here. Put your hands behind your back. It's It's all going to come with you. I'm going to let you make a phone call when we get back to the police department, okay? Un- Unlock your fingers. >> Right in the middle of the stop, before any formal arrest, the officer reads full Miranda rights. Under Miranda versus Arizona, those warnings are required before custodial interrogation, not during a Terry stop. Berkemer versus McCarty confirmed that Terry stops do not require Miranda at all. Still, reading Miranda early is not a legal error. Every statement the subject makes after acknowledging those rights becomes significantly harder to suppress in court. That single decision is about to matter a lot. >> What's up? >> The money that's my my son needs for the police department. The money I have in my bag I use to buy his sneakers for school tomorrow. >> Well, I guess all your money, all your property is going to come with you. When you're released, you're going to get it back. We're not keeping your money, okay? >> Just one moment. >> Okay. >> I can show you everything that I'm not lying about. My kids going to school tomorrow. >> Okay. >> And I can show you my daughter birthday certificate that tomorrow is really her birthday. >> Okay. So, that doesn't change anything, but like I said, we're going to do some paperwork. >> No, I know. I just want to let you >> you'll be out of here in a couple hours. >> That's all I wanted to let you know that I'm not lying to you. >> Well, I said you gave me all the merchandise back and I'm taking your word with that, okay? So, I'm going to work with you and it's just going to be a shoplifting charge, okay? So, that's it. So, maybe a few hours of paperwork. You're not going to miss her birthday, okay? Don't stress about it. But, you're going to What's up? That's all. So, what stores did you steal from? >> Is there's Victoria's Secret in there? I think. >> Yeah, so when you went in Pink, you took stuff from there as well? >> It was only Pink and and Aerie. >> Aerie? Just those two stores? >> And Aerie. >> Okay. All right. All right. DJ said he's on his way here. So, do you want to wait or >> Well, I think he's more worried about the merchandise. >> Uh >> there's Victoria's Secret, too. >> All right. >> So, I'll probably just leave it. >> All right. Um, if he needs volunteers, I have them in my clipboard there. >> No, we got it. We're doing it right now. >> Okay. Victoria Secret's probably >> Yeah, they can write it down on the receipt. >> Yeah. All right. >> Uh, yeah, no, they're they're not going >> Yeah. All right. >> You ready? >> You want to be taped? You want to get out of the trunk and run you over down there? That's what I'm >> Please Sorry? >> I just want to make sure I get the makeup out. >> I'm going to let you I got your phone. I'm going to let you make a call when we get back. >> You got the other phone, too? >> Yeah, he's got it right over there with your purse. So, it's all going to come with you. All I'll take it with me. Thank you. All right. Let's walk. >> What is this stuff? >> You can park your car there. >> Especially BK. >> Yeah, I walked over there. >> Yeah, let's sit right here right here cuz there's a bench. >> All right, then I'll take the other >> Yeah. So, what is this? Um, Victoria and Aloe. Aloe. Some of the receipts came off. >> Victoria This is all Victoria Secret, right? Victoria Secret by the main >> Yeah, they're not. >> And that's Victoria Secret they got on there. >> Aloe. >> She bought Victoria Secret. >> Yeah. >> Victoria Secret. Victoria Secret. Victoria Secret. Victoria Secret. Victoria Secret. >> Jesus. >> What's this one? >> Aloe. >> Okay. I'll take this. >> to just get up in my business. Don't worry about it. >> All right, people take all the time. >> Yeah. >> You want me to help you with your bag? >> Oh, no, it should all right. I should be all right. Just uh >> What's too greasy? I know. They shoved them down their their pants and helped me carry it. >> Hi. >> Hi. So, >> Hi. >> Yeah, she just stole it from here. So, um yeah, the girl we were just outside with right now. Oh, yeah. So, she had all this from you guys. So, she obviously she admitted to stealing it. So, for us to like return it, I don't know if you guys are familiar like >> Let me call the manager. >> Yeah, yeah, if you don't mind. Um she had a >> [sighs] >> Oh my gosh, she had like a floral skirt. Hello. >> Yes, I know exactly >> Yeah, with a blue with like a greenish bluish hat. Oh, just like a few minutes ago. Yeah, we Yeah, she was just right We were just right over there. So, you just took it all out of her skirt. Um so, what we >> I even said to her, "She dropped something." And I said, "Oh, I love your skirt." >> Oh, it was definitely full. Um so, what we need is like um a receipt with all like the prices. >> Yes. >> And then like a just a statement saying that, you know, we returned it back to you guys cuz you know, confirmed stolen and you know, we're just giving it back to you. That's pretty much it. >> Uh we love our men in blue. I do. >> Oh, I appreciate it. >> It's going to be a minute. >> No, no, no. Don't worry. >> Laura, can you grab me another iPad that I have AP? >> Uh there you go. It's ridiculous. She's worried about going to her kids like birthday thing. She for any amount. It doesn't matter. It could be It could be $5. Yeah. >> to be a normal again? >> No, still no. But, it's um if if some if you like you call, yeah, no, we'll we're still able It doesn't matter the dollar amount. It just changes like the degree of the charge, that's all. >> Yes, you can go straight back on your right. >> Now, she was arrested for it was um Alo, something Alo. I never I guess it's a new store, I never seen it. >> Yeah. >> Um obviously and then she pulled this out and then I was like, "Okay, what else did you steal from?" Cuz clearly I'm sorry? >> She's maybe about 5'5", 5'4". I'm 5'2". >> She's about your height, yeah. She's about your height. >> She has a thing on her head, right? >> She has a hat, yeah. >> Okay. One female, female under transporting you from >> No, no, thankfully no. Do you have any weapons on you? >> No. >> No knives? >> No. >> Guns? Razor blades? Wire cutters? Nothing like that? >> Nothing. >> Okay. >> Nothing at all. >> Watch your step. I'm going to throw this stuff on the passenger All right. All right, you can have a seat. You're going to sit on the underneath the blue seat belt. I'll give you a call. >> Okay. >> Uh two phones in her purse, yeah. >> She had a car? >> Car? >> Car? >> Good question. >> 12 Bravo 9 baby. >> How'd you get up to the mall today? >> Somebody gave me a ride. >> Okay, so you do you have a car here? >> No. >> How do you plan on leaving? >> The person was supposed to meet me, but >> Okay. You're not here with anybody else? >> Queens, so it's The person going to give me a ride where I could take like the um the metro north back cuz I live in the address I gave you is Roosevelt. >> Okay. >> Roosevelt >> So, you weren't here with anybody else? Okay. >> 10-4. >> The stop itself is grounded in Terry versus Ohio. Officers can briefly detain someone on reasonable articulable suspicion, a lower bar than probable cause. A real-time security tip matched by visual confirmation of the exact clothing description clears that bar. While that sounds clean, the counterargument is real. Florida versus JL established that anonymous tips alone are not enough. What saves this stop is the officer visually corroborating the description on contact. That corroboration converts a tip into lawful suspicion. The officer tells the subject hand over the items now or get searched at the station and face additional charges. Under Colorado versus Connelly, voluntariness is judged by the totality of circumstances, not by whether the person felt pressured. That said, defense counsel will argue this was coercion dressed as a choice. New Jersey courts have generally allowed this kind of statement as long as it accurately describes legal consequences and no physical pressure is applied. Both conditions appear to be met here. The charge falls under New Jersey statute 2C:20-11, the state's shoplifting law. Concealing merchandise on the body with intent to deprive the merchant is the core definition. She admitted to two stores. Items were physically recovered. The degree of the charge depends entirely on total retail value. Under New Jersey statute 2C:20-11, under $200 is a disorderly person's offense. $200 to $499 is fourth degree. $500 and above, third degree, up to 5 years. With merchandise from Pink, Aloe, and Victoria's Secret, the combined retail value likely pushes past $200. That single number determines whether this stays a minor offense or becomes an indictable crime under New Jersey law. The transition from detention to arrest is complete the moment items are recovered and the subject verbally confirms which stores. Probable cause is established. The Fourth Amendment line is crossed correctly here. The officer's approach is measured from start to finish. Miranda delivered early. Privacy accommodated during the retrieval. Tone stays flat even when the subject is emotional. The implied consequences statement is where the line gets thin, but it does not cross into coercion. The subject acknowledged Miranda, said she understood, and then kept talking. She named the stores. She handed over the items. Every statement after that rights advisement is on the record and almost certainly admissible. Silence was the move. She did not take it. Lesson one, Miranda rights are not just for formal arrests. The moment an officer reads those rights and you acknowledge them, anything you say is in play. Invoking the right to silence stops questioning immediately. It costs nothing and protects everything. >> Question two. A description match is enough to stop you, but it is not evidence of guilt. Reasonable articulable suspicion gets the officer in the door. Probable cause, built from what you say and what they find, is what actually takes you to the station. Lesson three. The offer to surrender items voluntarily in exchange for avoiding additional charges is a real legal pressure point. Whether to comply is a decision that should involve a lawyer, not a split-second call made in a mall quarter. Let us know if there is an interaction or legal topic you would like discussed in the comments below. Thank you for watching.